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Ma, :-,l' uorthvrvHf to
VOLUME L2vXXIXf NO. 33
RALEIGH. N. C, Fill DAY DECEMUEJt 524, 1909
PRICE 5 CENTS
TTv O
and 'cMlattMi
una uauie
OTHER SIDE OF THE
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man.
10KI PICTURE
THE
II STREET VEHDER
s fa News
'i :ieai:aiiiNortHiwaro
1
S sheriff - uftoiir
019 BROWNSVILLE
-
i i
ITT
I NT
X v WA Vs 1 '' ; W
Defendant on Stand in His
:1
Own Behalf
2 YEARS DP MARRIED LIFE
Mr. Brokaw Denies Emphatically the
Charge of Drunkenness and States
That He i . Nor Df Inking Man
' Ionics Striking IU Wife, Bat Ad
mit Tlut lie Called Her a Liar .U
ter She I Ud Used a Stronger Term
' other Incident, j
f " ..." '
(fry the Associated Press.)
Now York. Dec. S3. W. Oould
Brokaw, whoae wife Is j suing him for
separation"' with alimony of $60,000 a
year, took the stand In his own defense
today and swore in the
court room at
MIneola, L- I., that his.
father-in-law,
Joseph A. - Blair, had threatened to
III h ira because,-, .he. loved . Jher too
toucJi. When he told Mrs- Brokaw of
this threat she r laughed and said:
"Ion't mind father, Billy; he's crazy."
Mr. Brokaw described ; the ' night
tv hen his wife took ' poison. Jn minute
iot-ill hla lawyer led him through the
two years , of; their married; life. ; with
painstaking attention to the "charges
of drunkenness, cruelty and abusive
language brought against him in the
testimony of his wife. . - -;' 1
Brokaw made a. good witness.' -Ills
attitude, was -easy and 'his -answers
fere ready and firm. Mrs. Brokaw
was ashly pale.' . Her head tossed
(scornfully when her Uusband'a testi
mony contrsdiCJed. her. own. i
'The times when Mrs. Brokaw said
I was drunk," he testified, Vmy face
was flushed ""from' a long walk -or
drive."-' - - - , ;s ..- .
He had hever strtick.hls wife. I
never struck anyone in my ! life,' 1 h
swore. , Mrs.' Brokaw knows I -could
not harm her.. He admitted that he
had calVed his wife a. liar. he
aid. "I called hertt liar, but not until
she had called me a d liar. I had
been out and - wben-. I "came back,
bringing hr., flowery ;?he-accut!ed jxit
i-i meeting 'nome 'woman. I denied it.
wild I lied, and "T had to tell her
the same." .' - ; - -.; :. V
.Brokaw swxre that bis .wife had
smoked cigarettes.,: before their
marriag? and that she. had promised
hln to stop- it. tie' had: never -seen
her drink cocktails, but he.had under
stood from the cervants that Cocktails
were taken to her home on the sly.
-win you ten the. court or your
drinking agreement with, your' wife?"
asked John t Mclntyre, his counsel.
'Y." Unawered r Brokaw." ' "We
wanted to .mix ginger-ale with aeriat
rd water until it wa the exact color
cf champrsrne.vX .'.wished 'to .appear to
drink with niy guests and -yet to not
orink.. ' This mixture bubbled and It
Ma harmless. I have used it 'for
J tars. I do not drink." V-
:ii, Brokaw did not recall - any
t-cne following an incident at table
Vhen a guest had changed his wife's
Cbie so that'she got. real champagne
and not the Imitation. "If Mrs. Brokaw
drank. cham?agne. nhe was the only
one who knw it." he testified.
Shown a list of ob A ctionable names
vhkh Jlrni Brokaw ss id her hushand.
applied to Jher when aogry, JTr. Brokaw-
said :. ' . ' '.i . -V.
"Of courso I do not' use such lan
LlUiSe." ' 'V ' - .-. ' ;
"'Tell uk. .'what' happened - on the so
talled poincn night," directed Mr. Mc
Intyrc. -
run that nlfhC. ' he .saidj "I had
tJie' Marqute lle'rmoa and others to
,3 inner.
Mrst Brokaw did not come
Jown. Alter dinner I. went to her.
rojjni and knocked. She did not' an-'
v,er. Then I said. .'Man, I want to
c'.sm. in. she did not answer. Fin
illy T pushed in the door.' f?he was
r-irious. I told her. I "only wanted to
kiss her good night; and left -
"When I came. 'upstaits again Mrs."
I iokaw was not in Imt room. I could
not lind, ber and got '4 nurse, to help
m hunt.; After a search the nurse
railed to me, Xrom a room at One end
ct the hall. I. got there nt iu time
to, ho the nursa struggling to -take
oniethlng from Mrs..Brokaws mouth.
It was some kind of a white tablet. I
pcreamed, 'My God, bhe'a dead.' " -
"Did you , do "anything to cnuw her J
to take the poison. .-- v ; -
"Absolutely nothlngr H; r
-Denial after denial "of as-ertions
"made by his wife , In ; her; tettlmony
va obtained" from; MreBrokaw iby
' attorney.1--''-' -r " ; ':: " '
Continued" on Page Five.)
PREOICT 17 CEfJP CdTTOn
AN1 TII AT. BKFOBK TIIE JESB OF
J xtMnriWi4TS or. the
;:bjq ';roCTt;y ; v'
(By the Associated Press.)
-New York, Dec. ?3.The bull Uh en
thusiasm which has attended th cot
ton market in its recent uivinrn to
day realized for. th first time in five
years 16 cents a pound for. the staple
n the New : York exchange. , while
the May option, at 16.01 today was the
nly cotl.on on the list to reach the IS
.r-ent quotation.- the entire Unt advanced
slightly and still holds higher than at
any time. mince the Bully boom in 1904.
The bull camDattn now nn tu aa.l
Xbe headed by Cob W. P, Brown and
I' rank Is. Ilnyne, of Iew Orleans, wjio
v.ere associated with Sully five years
bao.'and by K.0. Scales and James A.
3'atten, the Chicago- grain operator.
The aggregate profit of; this- "big
four" are rumored to amount to about
? i '.ftoo.ooo. :
The bulls now predict 17-ccnt tot
to! before the end of January." The
f.;ora aurint tne Htmy toom was
iV
Extends More Than Mor
al Support
Under Orders From Secretary Knox
American Red Cross IrNindu Will Be
Kxtendcd for tlie Care of tlie In
jured at Blnctlelds Medical Corps
of Warships at Bluenelds Install Host
pital Ashore Bread Instead of Bul
lets the n atch Word of tin? State
DepartmeiL
(By ti e Asaoclated Prea-
Washingtc n, D. C, Dec. 23. Follow
ing a peremptory warning to President
Madria that the United States will hold
him personally responsible for the
safety .of .Americans In the western
part of Nicaragua,, the State Depart
meht tonight extended more than
moral I encouragement to the revolu
tionists.' Under, orders from Secretary
Knox," American Red Cross funds are
to be; expended in caring for the faick
and. wounded troops of both the Es
trada1 and 2 elayan armies, more than
2,000 of whom ax incapacitated in
Bluefields. " .
This mov on the part of tho United
States is expected to be more eificaci
ous than the dispatch of a strong force.
-Bread, int5':ead of bullets,- is the
watchword of the State Department,
and it is generally believed that the
prospects ol ; food, and medical atten
tion will win "over more men from the
government ranks than any other plan
that:could-adopted, v ,j : . '
"According to the latest ' reports, the I
medical corps of the various war ves-J
sels- now; a : Bluenelds haa installed
hospitals' as: lore, where scores' are be
ing cared for. . The procession of sick
and wound d" men' through the town
Is said to b pitiful, and although -Estrada
is doing everything in hla power
to relieve the suffering,. vhis resources
are--nisKp- T:---f": ":. -s;- ; .vcf i
-With'- Vl&w,'of Relieving the- Fitua-j
tion,' Secreta ry. Cnox. tonight consult
ed with the American Hed . Cross and
immediately afterwards dispatched the
following dispatch ; to .iThomaa Y.,
MoffatUiiitetJ Ctates consul at Blue
fields; . . '-y
6 "Tlio - An erican Natonal Red Cross
will telegraj h you tomorrow.' the 24th.
Ave .thousand dollars, and. they will
send another Ave thousand if needeJ.
Navy -Depai-tment has instructed Cap
tain Shipley to land whatever, sumlus
supplies- can be ' furnished . from our
ships, now at Bluefields, and orders
Will Ie given the Prairie now at Colon
to k transport immediately to i Blue
fields, from the stoDes Intend for the
marines," or from the Panama ' Canal
Commissary Department, such sup
plies as you may ask for Within the
limit of -fivi thousand dollars to bs
cabled you tomorrow. You will sep
arate with Hhlpley in the distribution
of supplies, payment for. all of which.
Doth those landed from ships at Blue-
neias and t lOse sent from eolon. will
be recouped from Red Cross funds."
v The dispatch of this telegram :fol
lowed close on the receipt of a- report
from . Consu I Moflfat, depicting the
state of af aire fn Bluefields. His
storj of tho suffering of the defeated
zelayan solldlers ; was brief,, "but
graphic, incidentally: he reported
that more-than 900 men. were killed
on both l sides in the recent battle at
tiama. xne dispatch follows:
: . "Two thousand starved, emaciate!
prisonersrhave". ben brought here
from Zelayd.'s surrendered army. The
sight of thd le:t and weary, tottering
tnrougn tne streets, la horrible.' half
are merewrs.".. vThe eniera-encv - hos
pital established by the Des Mo'nes
and Tacoma contains ninety wounded.
tne city nrp:tar sixty. Few of the
surrendered army had shoes or blan
kets: Scores were almost naked, all
are in a pitiable condition. Estrada
is furnishing . them with "blanket.
clothing., shoes and food aa lx?st he
can. " Floui '. beans, rice, sugar, cof -fee
and.Cond&naed milk aro needed in
stantly to fed. the starving Zelayan
soldiers.: MJiscase and death threatens
unless they are properly given best
food and care. - -. y
. 'The greut and sudden demand for
proper, clothing and food for the suf
fering Is a problem for the provisional
government whose resources are ex-
I . (Contlhuad on Page Five.)
1 JELLY
JOHN M. CROWELL MEETS DEATH
AT SALISBURY BY FALLING
UNDER JIOVING TRAIN.
(Special to News and Observer.)
Sallsbun, N. C. Dec. 23. With Via
Doay .masned into a Jelly, John M
Crowell,; mrd 40 years, met instant
death in Salisbury last night by fall
mg unuer. a moving train.
- -His remains were picked up in frag
ments and sent to New London,
Stanley county, rus former home, to
day . for infJerment.
He was k painter by trade, a mem
ber of a prominent family in Stanley
county, -rne cause or nu death is a
mystery, a4 no one witnessed the acci
dent.
J. F.
SPENCER FvESIGNS.
John D.. McGregor Appointed County
) commUH oner to t in vacancy. ;
(Special to News and Observer,)
Wadesboro, N. C. Dec. 23. J. F.
Sneneer today resigned as county com
missioner ef Anson county and John
D. McGregor, of Lllesvllle, was ap-
pointed to
Ifill out the term.
CARING
0
TO
DIXIE LEADS THEM ALL
STANDS FIRST r IN AMERICAN
SONGS AND Ml-SIC IN ' PA-
,V . -I - '
- ( T3WOTTC- POinnUAIlITY. i
''llBjrejated jrt" '
'I Wajshlastoa- 2X C-, Dec? 2--"Dlie"
has -flaally Iwea'-ofac'ally inroclalmed
aa fret la'. Americsk- songs and. music
In patriotic SHspularity."'.
, ,SvH !s the verdict of O. O. T. Son
n?ck, chief , of the division of music
of the - library of Congress,' who has
just Issued from the government press
an exhaustive report on four famous
American musical compositions
"Yankee Doodle" though no longer a
nttlonal song, is still a national air
and iecond only to MDlxie" in the pop
ularity: contest. -The
-origin and evolution of "Yankee
Doodle," ?Star Spangled Banner,"
"HallColumbla,', and "Amerjca" are
treated in full detail in Mr. Sonneck's
volume.
He has furnished as far as. possible,
a correct version of both text and
music of all four plects. Fac similes
of the original manuscripts are pro
duced in the volume.
Thehistary of "Yankee Doodle" is
described as "a ..perfect maze of con
flicting stories"- and countless addi
tions to and 'variations from the
original. As many as fourteen varia
tions of the VStar Spangled ' Banner"
are noted, accompanied by a gradual
process of polishing and modification.
The year in which "America", waa first
sung in public Is fixed as 1832. but
the exact place and da to was not defi
nitely ascertained. "Hail Columbia" is
strictly a. product of the United States
in both words and music, in contra
distinction to "Ameria" and . "The SUr
Spangled Banner," both of which
partly originated in England. Mr.
Sonneck's. volume Is not for free dis
tribution.' -
NO TRACK OF DR. COOK
University of CopenJmgcn Exports to
Hear Nothing Further From Him.
(By the . Associated Press.)
Copenhagen, Dec. 23. The Univer
sity of Copenhagen having received
no communication from Dr. Frederick
Cook . since 1st verdict was rendered
no longer expects to hear anything
turiner irom tne explorer. Dr. Salo
monsen. rector of the university, said
today that he was convinced that Dr.
Cook would remain in hiding as long
aa possible. He believes that Dr. Cook
U in Europe. - '
REPORT ON 3IT. McKINLEY.
i "
Will Bo Delivered to Boanl of Gov
ernors Today Cook'B Brother
Thhikit Explorer Haa Met With
Foul Play.
(By the Associated Press.)
New York. Dec. 23. The report of
the special committee which investi
gated. Dr. Cook's claims to havei reach
ed the summit of Mount McKlnley
will be delivered. to the board of gov-ernorsvof-
the Explorer's Club tomor
row. ; Wliile the Investigators will not
row . divulge the text of the report.
tney oo not deny that it discredits Dr.
i Cook's claims, and such verdict has
been generally anticipated. Wm. L.
Cook declared tat he believed his
brother. Dr. Frederick A. Cook, had
met foul play abroad, and he feared
that- he had. been murdered.
"1,-had a letter frOm Dr. Cook early
this week," eaid the brother, "in
which he said he was hurrying to Co
penhagen with the proofs -of having
found the north pole. He should have
reached Copenhagen before this, and
as he had been threatened with vio
lence, I fear that his enemies have
overtaken him."
No Trace) of Cook.
Brussels. Dec. 23. No trace can be
found of Dr. Cook either here or -at
Ostend, although there Is u possibility
that he left Ostend by steamer last
night tor Dover. . ..
WOULD ESTQP THE
ILIIMIIER
rniladelphiainahcier:
Take Legal Action .
FILE BILL OF HITERVEflTIOIl
Seek to Prevent tlie Receivers of the
Road Front Delivery of Property to j
tlte Norfolk and Southern Reorgan
ization Company Under the Pur-
chase Bid of 98,500,000 Made by
Rhode Island Capitalist .Uk for
Delivery to Them. ' " 1
(By the Associated Pf ess. y
KorfolkVa., Dec. 23. Philadelphia'
financiers, headed by J. W. Van Dyke,
and F. D. Zell as petitioner In United
States court here late today filed a
bill of intervention In the Norfolk and
Southern Railway receivership litiga
tion seeking to estop delivery of the
properties and franchises of the naid
company to the reorganised "Norfolk-
Southern Railway Company" under the
purchase bid of , 31,509.000 made by
Uathbone Martiner. of Providence, R.
I:, when the propertywas sold at pub
lic auction in Norfolk, December 7.
The interveners ask that the prop
erty be delivered to them under al
leged contract of purchase ant re-organization
at New York in January,
1909, by which a new 914.000.0OO
bond issue with- interest guaranteed
for five years would replace the old
bonds with delivery of 53 per cent of
stock to the Philadelnhiani.
Late today Judge Waddill entered
an order citing the-defehdants to show
cause at Richmond, December 30,
why the bill should nt be filed." Mean
while confirmation of the Norfolk and
Southern sale is held up.
FUNERAL OF "IJTTLE TIM."
Will Be Burled Today as Per His .Further IKtatlou Nry Before
Dying Wish Tlioughtfulnetw of Matter Can Be Arranged.
Others. ! (By the Associated Press.)
(By the' Associated Press.) Washington. D. C. Dec. 23. Furth-
Xew York, Dec. 23. The funeral to- lerj legislation by Congress will be
morrow of Alderman "Little Tim" Sul-1 necessary before the $5,000 appropri
llvan. bowery benefactor and political ated by that body in 1904 for pro-
leader, will prooaoiy araw one ot the
largest and most picturesque crowds
whieh has ever assembled on the East
Side Both city officers and prom
inent church men will attend a will
deleatlOns from the - many societies
and clubs of which he was a mem
ber. Close nersonal - friends of '-Little
Tim" will be the nRii-boarers, wh'le
the honorar" pall-barers include
among others Charles W. Murphy,
leader of Tammany Hall, and Timothy
L. Woodruff, Republican State chair
man. wn "Little Tim's" dying wish:
"Bur" me Friday morning. I want
the poor boys on the bowery to have
their Chrietmas dinner Saturday and
I want you to get me out of the wav,
so as not to spoil their Christmas."
Flara at the city hall were at half
mast todav bv or'-t" of the mayor.
Medal for Pary.
(Bv the Associated Press.)
Chicago. Ills.. Dec. 23, The Chicago
Geographic Society has awarded the
Helen Culver gold medal to Com
mander Uobert E. Peary, U. S. N.. for
distinguished services in exploration.
Tiie medal will be presented at the
annual dinner of the society here Jan
uary 2.
The WtttiiogUa Herald.
E -LIED ABE KILLED
AND A SCORE OR MORE THOUGHT
' IRE1 ENTOMBED IN ILLINOIS
MINE.
. Hy the Associated Press.)
St. Ixuls. Mo., Dec. 23.-Eight
men
were killed and 400 others had narrow
escapes In an explosion of gas in mine
"A' of the Chicago and Cartersvllle
Coal Company at Herrin, III-, late to-
i
Open lamps carried by employes
of the mine are believed to have caused
the disaster. There were three men
and a boy in this party and all are
dead.
The dead: .
W. T. Pierce, mine engineer.
Eugene liar ret t, assistant engineer.
Thomas Williams, assistant manager.
Unidentified boy, about Id years old.
George Snyder, miner.
. SaHatore tirecco, miner.
Ptertro Romeo, laborer.
Thomas Har borer, miner.
James Ouinney, superintendent of
the mine and Robert Hueston, man
ager, headed the first relay of rescuers.
Despite the black damp which flowed
into the chambers adjoining those in
which Pierce and his party were killed,
these men went into the workings.
After sending to the , surface three
unconscious pernors the rescuers next
found the bodies of Snyder, Greeco
and Romeo.
The efforts of the rescuers to pene
trate more deeply Into the workings
were repulsed by increasing banks of
after-damp and they were forced to
letreat. leaving the bodies of Pierce
and his companions.
Fire also began to gain headway
and it is not expected that the bodies
can be recovered before tomorrow
Tonight all efforts are being, directed
towards fighting the flames.
News of the disaster spread rapidly
and there was a rush of hysterical
women and crying children to the
shaft house.
The damage to tha min cannot yet
be accurately estimated. The col
lier)' is one of the oldest in this sec
tion and few accidents have occurred
in it
Pierce, the engineer, who lost Tils
life, formerly was a Federal Inspector
of government work on the Missis,
sippi river.
3IONU.MENT,TO JEFFERSON,
curing a site and plans for the pro-
posed monument to Thomas Jeffer
son will be available. In 1906, Au
gustus St. Gaudens. then in poor
health, consented to make designs for
the memorial, but his death Inter
vened beforo the work had been fin
ished. There is a law requiring un
expended balance yearly to be turned
into the treasury, the comptroller of
tho treasury In response to an inquiry
from the commission having the mat
ter in charge as to whether the $5,
000 was still available for the purpose
for which appropriated, has replied
In the negative.
MILITARY RETURNS.
Two N'earoes SuToaed to Be
Leader. Taken to Sehna.
Ring
fBy the Associated Press.)
Selma, Ala., Dec. 23. Lieutenant
Colonel J. E. Carter and a detachment
from the Selma companies of the State
militia returned today from Magnolia,
the scene of the race trouble earlier
this week, having in charge Dee Fits
and Clint Wesson, two negroes, said
to have been ring leaders in the trou
ble. Sheriff Grant requested that the
negroes be brought here for safe-keep.
Ing. Thirty-eight other negroes are
held in the jail at Linden,
Appears as Witness Be
fore Court of Inquiry
QUALIFIES MS f FIMVIT
. Which Played . Such a Cottspicnous
; Part In tlie Famous Attack in the
j Senate of Senator Brown oA the
j Administration') tXturno In Itegard
to the Brownsillo Affair Affidavit
Ha to do With tlte Confection, of
Brown and ConyeKs.
, (By the Associated. Press.)
Washingrton, D. C. Dec. 23. Quali-
j fylng in several particulars his affi-
davit, which played such a conspicu
ous part in the famous attack In the
Senate of Senator Foraker on the ad
ministration's course in regard to the
Brownsville affray, former Sheriff E.
C. Arnold, of Monroe, Ga., today ap
peared as a witness before the mili
tary court of inquiry Investigating the
affair.
His affidavit was offered by. Senator
Foraker in rebuttal to the - affidavits
of H. E, Brown and William Lalwson
to the y effect that Boyd Conyers, . one
! of the soldiers discharged aa a result
of the shooting-up of Brownsville, had
confessed his connection with 1 the
affair.
In that document, Arnold said that
it would have been impossible for
Law son and Conyers to have taken a
drink under, a certain porch in the
heart of Monroe, as Lawson claimed
to have done on the day that Conyers
talked to htm about the Brownsville
Incident. Today Arnold said that
while there waa an ordinance and a
State law against drinking in public
in operation in Monroe, it would have
been possible to- have k taken a drink
on the street wlthoutbeing axrested.i -
He said further that rwhen ne de
nounced Brown's statement of a con
fesslon as "the most shameful uerver-
ion ctCwhat, did take -pirre,. e m-l
deistood Brown te- have elemted that
he -was relating what Conyers ad
said In tho: .presence off Brown and
himself. ' . - ' . - - .' -
The former sheriff admitted to the
court that he - once aald to Conyera
that there was a great deal of money
in the case, and that if Conyers would
confess to him. he would "take 'care
of him.' He said Brown was not re
sponsible for this statement which,' he
acknowledged, might be interpreted
as an offer of money, but not so in
tended. , - - - . '
Captaln C. R. Rowland, recorder of
the court, objected to Arnold's arfi-
davit being presented in testimony,
assening that the court would bet if the injunction paper isn!t gotten
kep clear of political Issues." ttfut tnntirht or tomorrow nkmhodv
was not introduced.
THE UTAH LAUNCHED
The Greatest BatilesMp in tlie United
State Navy.
(Br the Associated Press.)
Philadelphia, Pa.. Dec. 23. Uncle
Sam's treatest battleship, the Utah,
was launched today at Camden N. J.
The fighting leviathan slid down the
ways as Mary Alice Spray, youngest
daughter , of Governor Spry, of Utah,
cracked a bottle of champagne on the
armor plate and christened her.
The big hull dipped into the. water
and glided from the ways as nicely as
if a superhuman hand had picked her
up and dropped her into the water. A
half dozen tugs in waiting darted out
and made lines to the ship and towed
her back to the moorings.
A multitude that crowded to every
vantage point saw the launching. The
workmen were nearly an hour knock
ing away the blocking that was be
tween the new fighting ship and the
sea. Members of the Mormon church
sat upon a platform built for them
near the prow of the ship.
When the launching was all over
Senator Reed Smoot turned to the
Mormon elders and said:
"It may be a coincident, but it Is a
happy one that the launching olf this
ship should take place on the anniver
sary of the birth of Joseph Smith."
Senator Georere Sutherland, also . of
Utah, wan present. Governor Fort, of
New Jersey, was one of the guests.
A record in construction was made
in the building of the Utah. Nine
months and eight days elapsed from
the laying of her keel to her launch
ing. LADY SHOT III THE EYE
PISTAL CARTRIDGE SWEPT INTO
FIRE EXPLODES AND
DOES DAMAGE
(Special to News and Observer.)
Klnston. N. C. Dec. 23. A peculiar
accident happened here today by
which a Kinston lady will probably
lose the sight or one of her eyes.
Mrs. Sarah Fields buit a fire in her
slttin- room this morning and was
sweeping the floor when a pistol cart
ridge that had inadvertently been
swept into the fire exploded and the
bullet struck her In th eye. It waa
at first sunposed that she waa fatally
hurt, but a physician who was hur
riedly summoned, found only a. super
ficial wound of the eyeball from which
she may recover without the loss of
the eye. but this is not certain at this
time.
Rural Carriers.
(Special to News and Observer.)
Washington, D. C. Dec. 23. J. D.
Shaw Is appointed " rural carrier and
Willie O. Patrick substitute for route
Ne. g at Fayettevill
Merchants Register a Vig
orous Kick '
HIS LICENSE REVOKED
But He Given Bond ami Continues to
Sell Fruit t m. 'd?' Rate Will
Fight Case In Courts Residenco of
Dr. Wllaon, Near'' CteUiam Lino
Burned Census Supervisor Blair In
Durham Looking Over Situation.
'-.ft'
(Special to News and Observer.)
Durham, .Dec. 23. The city Is to
day reasonably -exclttrd oyer ; the mat-
license . revoked last
night against II. A. Lutterloh, street
merchant, selling" fruits andV th$ '.like :
under the direction of W. F. Smith. -
The traveling merchant -vaa Stopped "
this morning and; arrested, butputup! '
the bond and continued.-1 The.: lty:
aldermen, mayor and . , city ; att o.rney i
have been working ."'this afternoon ( ' j
upon the proposition and the law firm
of Braham and vBrawley will appeal ' .
to Judge Biggs .for an Injunctio .
against : the city. : ,:. ;
The street . wagon sells ; apples,
oranges and nuts .about SO : per cent
under - the merchants. :He had been
paying a license of : 112.50 & mont.
in one privilege and a Slate ahdiiotm-ji.f
ty tax of $100 a year. MWs meth
ods, he -could dispoaJirhiS goods on
the street hJJe6all to the wild and .
poptdarly -tlu was Considered - tho
greatest hero since . the war. -The
poor people were able to reach the
lotty prices of . Christmas goods ' and.
there was universal opposition to the
Injunction. X . ' -.';
v The merchants appealed ; for pro
tection. ; They V argued that they pay
tax; -rent;11 clerk, hire and all appur
tenances and. when the season of big
sales and large profits came upon
them,- - they .were against, competition
that no man could meeL . ' The street
waifn. they, declared.- had JMain and.
cveryTolher street for its selling room. .
the, largest store. Jn the world. They
put up- . a' good .protest, and the other
man was heard .Xrom; .
. . He, answered.: that he. ha 11.400
worth of- odds here now,. $1,000 on tho
way and that tb la is a violation of '
thev principle of .vested rights. More
over he argued that to stop. him after
he. has - paid - his license, and to re
duce to . the rear , his place of selling -goods,
amounts to practical "confiaca
tlon and -that there is no right in
vested in the city to revoke his license.
iThe citv stands nat and the subdued
sale of roods goea on with a part' oC '
i the "holler" gone. r ' :
will . nave N to crawfish. There is a.
world . of opposition to , tlie stopping '
of the man. It is perhaps the best
concrete, erample ot protection - yet(
afforded..' A. good Republican on, -thA.
board .declared this afternoon. ; "Mr.
Smith i failed to : make good In th
mercantile business- . here and l-?ft.
He doesn't rent: or pay' tax in the city
except this privilege tax. and It un
does the merchant. Yet It Is the
greatest blessing to the.poorfolkf at
all. in fact to all of the consumers, and '
there you are. s There are . certainly
two arguments to this thing of pro- -'
tectlon and free trade:" j " .
: Messrs. Bramham and Brawley have'
their papers ready for procedure, ,
when another move is made. , ' ' ;
From Route No. 7, nine miles In
the country, there came the news yes- .
terday evening that . the residence of; f
Dr. H. F. Wilson, living near the
Chatham line, was burned. ;,
" The winning of many . enemies' in
a community Infested by- moonshiners
caused the reports yesterday that, these
vicious people, had stuck the torch to '
a house Incomplete. ; Dr.' W'llson im
mediately denied It,' and said that he ,
thinks the fire is the result of one that
had been built in" the -chimney .the
evening before, lie discredited . the
lncendisry theory altogether. ;
Dr.' Wilson moved to Durham during ,
the summer and atarted to practico
here after spending, a few; week at r
a hospital taking special work . Later
he concluded to return to .the country
and had begun a very pretty country .
home. This week he put on; an ex
tra number of workmen and Intended
ta have the house ready for occupancy
(Continued on Page Two.)
THIRST FOR PUBLIC PIE
CONGRESSMAN 3IORE1IEAD BE
COMES INFATUATED W'lTH
WASI HNGTON LIFE, '
(Special to News and Observer.)
Winston-Salem,- N. C, Dec 23. A
well authenticated report is current
that Congressman John M. Morehead.,
of this district. ' has decided to ac
cept a renominatlon. r
Ever since his, first and last election ,
he has been quoted as . saying that
under no . circumstances would he
make the ' race again. .One of his
friends says Mr. Morehead has become
Infatuated with Washington life. , ; ,
GIVEN 50 DAYS. : - -
Negro Who Was Ben tins a TUfo la m'
Box Car. "
(Special to' News and Observer.)
Rocky - Mount, Dec. 13. Abrant
Pern", a negro, was given 20 riaya
on the roads for heating a train. art;
came In from Elm City, in a sealed
car load of brick. Ills cries to be re-
leased brought an officer, who took
him in custody,
frozen to deatfc.
He; rvao almost
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