to Otuir
FATHER
THE WEATHER
i Maximum ; temperatnre,
48 dcRreos; .. inlalmam
tern prra turn J8 decrees;
to UU pre i pita Hon for 24
bours ending 8 p. m-,v 0
I Inches. :
va-cdst for "North CUro
,mt&i Bain Saturday; Sun
day generally fair and:
sontrwha I colder t -. mod. .
creto winds." I' ' ;. ;
. s i ' I- if ' .' ' ' '4 . '.--.
VOLUME
NO.; 34
RALEIGH, N. CM SATtTRDAT MORXING, DECEMBER 25, 1909
PRICE 5 CENTS
Ilea Dailies in News atad Circulation
SOUTHERN POLICE
STREET VENDERS
KEEP iSELLIHG
1 G I B E PACT
F
15,000 Homes
- - ' " -v ;
Leads all
Nortlhi Gar
ENTIRE 1
- -
WEALTHY
III
OF THEPRESIDEHT
EVEN
REEDOM
Actions Do Not Conform
to Blast of Trumpets
01X1E UHD IS
The Iilg Diplomatic riums Have Been
Awarded and Xot a Ian From the
SoutEi Has lUecn Honored This
eUon Without )rcl?n Repre;
- Having Bciilea j paHlnser,
- re Will Now Proceed to Do the
Job ; Over Ridiculous Position of
TafU
, By THOMAS J. PENCE.
Washington, D. Ct Dec 24. Refer
ence Is frequently: made J.n the newa-
; papers to Mr. Taffs "Southern policy."
(for the. purpose of making It appear
that - the present executive -la doing
moire than any of -his predecessors In
the Republican party' for the so-called
'winning of the South :Th"e ; enthu
siasts on this ; subject who lnyarla.bly
turn , up at the White House., a? can
3 Mate for" some office,' are not - over
pleased with the 'fresldent'a selections
tor the .'diplomatic and consular serv
Ice. which have been announced from
Say to iay since jCdngrc-as convened.
Most of the big diplomatic plums at
the dleposai of the:. President have
. been awarded, and not a man. from
the South has been hjntrod :?o, Re
publican President has lpio;jfl South
ern Republicans to. sucli ?.n .extent.
nd instead of recognUj :he wing
of his party In the South has given
nphasls to his now faova Green--boro
speech by removing l;1 3 only re
maining minister from ;h3 .'ou'iirn
States In ofil.ee when he icolc po&sjl-
'sion of the White House. eferiJCi
Is made to Richmond . Pearson vr.c33
removal as minister to Tur .ey c
the President's first omclal aU' ,
.There are .forty-four me "te.v z2
the diplomatic corps wklt nx".
, ambrfsador and mini -r,- l r. . 'i'.
has filled nearly alt theso pookl ru t,ut
the eleven States of th- ..outu rl c ;
.comprise one-fourth tr .ia-l n.
have been ignored. ; Ta-vo. a.e .0
pcretarle to legations, and cmbaciic.
The President has jriven ix of'-h293
positions to the Jsouth. ' .Virginia g)
three, Louisiana two, and Misslssip.
- one, North Carolina Is not represent
ed In either list! ! .....
I It is apparent .that the.represert a
tives of this nation in foreign coun
tries are ' not representatives of tl o
peopla of the nation.- The appol .t
ments are "all 'political. WhU I the
feleven States of the South are ignored,
-the 'same cannot be raid of the "In lu
entlal Republijpan States of other sec
tions. Eight if thenew ambassadc .a
are chosen from New-York, four from
Illinois, three from' Caflf ornla and five
from the District ., of Columbiav Two
of these are natives of . Pennsyvar la,
which State has two additional ret:
res?ntatives In .the diplomatic service.
There are three each from -.Massachusetts
and Michigan -)..'.' ' - .
There is a suspicion here in Waa. m
InMoni and especially among the
frlendi of Gifford Pmchot,rthat the
congrcpional:,, investigation of the
Ualllner-Ptnchot controversy . Is a cut
and dried affair, and that It is ordered
for the purpose of again whitewash-
!ng the Secretary of the Interior. The
whole, attitude t , the. administration
' has changed with reference to a con
gressional investigation. Lees than
a week ago the ' , attovney-generr J in
formed newspapermen that, he. and
the president alike opposed any tn
"vetlgatlon ' As a matter of, fact eS'ery
-ffort has been - made - her in , Wah-
IGNORED
rotion of the charges against- Secre4rDr- c?ok? ? cP,e Vlt
tar- Eallinger. - It. Is- known- that Mr.
Tuft Is strona In the aith that the
on in tiia raitn tnat - tne
charges against, his secretary of in
terior are unfounded, and that as be
tween Balling? r and Pinchot, he will
f!d with " Ballinger. The congres
sional Investigation should be a free,
full and fair one. Much will depe. d
b the complexion of the lnrestigrtlnk
committee. There have been euges-.
4ions that the insurgertts-rn thSeTiatorjken creements deal not only with the
and the! House would - not-be recog
nized in the make up-of 'the commit
tee. Such a move will discredit the
undertakinr from the very start. -'
. Much win depend on the opportun
ity given Louis R. Glavhvwho is Mr.
Pallinger's accuser, to be heard. Pres
ident Taft did not" give him anything
like a square deal when he d.smlsced
fclm . from the? .7 government service
without the opportunity of' a hearing.
It was decided that - Balllner roust
be : whitewashed, : and so . Glavis was
kicked i out'unceremoiiiously. V. hat Is
one of the reasons ; why the" people
of this country: have refused to accept
ihe decision : of the- President . In the
'matter. It Is said that Francis J.
Honey, the San Francisco, graft prose
cutor, wll ask to appear as Glatla at
torney, and if this lsje.mltted the full
truth should ; be developed- - '
President Taft . has said to ; White
House callers dnrior the - nast few
days that he is neither an insurgent
or a-regular, and that he prefers to
be s called a j Republican without any
auaiincation.; That Is a ,very Taft
tsaue statement when it Is considered
'that It was made by one who has been
both for and - against tariff" revision.
inu naa siaea witn both Ballln
rer and PlnchoL , . ' . . .
Senator Overman hai received let
tew from members of the Commission
authorized to place a statue ; of Zeb-
ulon B.. Vance in Statuary llall in con
f ormity with the enactment , of the
Legislature, In which Inquiry is made
of the standfng and reputation of .va
rious sculptors,' whose work , Is 'repre
sented in statuary Han. senator Over
man is very imuch Impressed with the
work of F. W." IlUClcstnui.'who de
Igned the statue .'of John C Calhoun,
recently nlaced In Statuary Hall bv
South Carolina," the bust f- Governor
William A. Graham In "the State Cap
1 tContlnlied on Page Six) .; v i
Made by Police in
Snead Case
MORE DOCUMENTS FOUND
Tlio -llegeI lact Is Said to Be Ro
vcalcd ty Lirtters Signed by Ocey
Sncad, Iler Husband, Mrs. 3Ia?
tiij (Her Mother) and Her Two
Aunts Gruesome Phraseology in
; th Indcuncnts 'Against U Ward-
latr Si ster The Two Sisters Re
committed to the Tombs.
(By the Associated Press.)
New "Sork, Dec. 24. Gruesome
phraseology In the Indictments against
the Wardlaw sisters, charged with
murder of Ocey Snead. was made pub
lic today In the arraignment of Mrs.
Caroline Martin, the victim's mother,
and lira Mary Bnead, an aunt, In the
Tombs police court, when they were
re-committed-to the Tombs lor thirty
days,! pending extradition to New -Jersey..
- i ' '-
In the: Indictments against both it
le charged that they did "take the said
Oceyj Sneid with both their hands,
and least, throw and push said Ocey
Snead Into a certain bath tub where
there was a great quantity of water,
and jbynteans. of. which said "Ocey
Snead wa:i chocked, suffocated and
drowned.", . -' . '
Another count charges that Mrs.
Mactin and Mrs. Snead did incite, pro
curs,! abet, counsel, hire and com
nend Virginia Wardlaw to do and
-;oivuaU niurder, upon the body -of
Cc3' ttaeaja. ; As -heretofore told, the
fT.-aai Ju.Ti', &3 an additional precau
tion, coarsen all threa with aiding and
rbsiJns ilia victim's suicide.
'J-ui2.c3mplicatlon3 In-the maze
iCai;t. lctory evidence which in-,
s3i.RT.tfal tlia case was unsarthed
537233 LoCcy-wIih tlia discovery of
documents. Toey were
vhu-'yj the Brooklyn holies in the
fie:i.V strcat house onco occupied by
Jlil -'VVcraiaws and imbued the detect
:vii' .vlih tho belief that the entire;
;'' n?(;- xiac? made a sulfide.taetwhlch.
v.--i pm:r tjai-tl' fulfilled by thVdeath
, -m '.?.li3t?3 'paevja alfi--to;ba re-v
fXli'Cv '-;' .-letters 'signed ;by, -Ocey
.usd, " husband, Fletcher Mrs.
icr.l i, her- mother, end hsr two
t.u ils. lirsj Mary" Snead and Mls3 Vlr-jln-c,
v'7a--d:cvr. , AccDmpanylns.them
-e.3 3e73.ul b.anlt form3 of power of
iiio.'.i;y, kl Bi.Tn3d b7. Ccay Cnead.
rcia f.ocr.t eiiis havo b?en turned over
jo tt.3 .Jersey authorises. f ;
Cm COOK DROPPED.
ci!:s cKen by the Board Governors
tit th5 Explorers Clab.
(Ey:.he Associated Press. J
: 1ICV7 -oX Use. 24. The board of
gcvano-x or th s Explorers Club met
v.odr,y in -sicutiire session and, stand
ing iii sil?r C3, voted with bowed heads
thai. p?. 'Jvedeilslt A. Cook be droppel
from' t.jc roia o the club for frauds
prtyejeed on llr; zaamtara and on the
publ'c. , , ';;; ;-, . . . ! : ' ..
CorilU3 arra udo:i the heels of the
crualtti"' v?rCc iaiely rendered by the
'J-iiveisily
of Copenhagen, . the act'on
of Jh3 JSqvIoie?3' Club today Is the
r38ul of laCapenient Investigations
whica l.v do r?ay iouch upon the polar
coaUoversy end tha weight of Its dla
&jjroaZ' thus bscomss cumulative.
' PrjlLnlriary to to vcte of expulsion
the boa"d 4iei to pass upon the report
oJ Itc compIite3, which has been !n
vestlt.Uit,1 th3 validity of Dr. eCook's
asserJoj ihat ha reached the summit
of Moun: lilcKlalsy. -
-exhautlva rrort, recommended tht
f"" V lAl"Z
'T'f -
unworthy o2. credsnca.'
The comailttea's irecommendat'on
was I base, oa !tc flndimr that "Dr
Cook had
reeatediy made statements
that have bot bsaa In accord with the
facts, arj
that ha hed entered Into
ararumentsl
vhich he has failed to keep
and that. the. mtc-statements and bro
matters ppertalnlna to discovery, . but
to ordinary financial transactions, so
that no credence can be given to state
ments mafle by h'm.M "
Amonr the seven signatures aDDend-
ed to this arraignment are those of
Camper .Whitney and Anthony Flala,
a nolar exnlorer of note, both personal
friends of Dr.. Cook. vThe committee
is further explicit In its statement that
It undertook- Its Investigation only r.f
ter first apposing Dr. Cook of Its ourr
nose, which h arproved In person;
end-that It has sreearded .entirely
the testimony of Edward Barrlll. Dr.
Cook's snide, and of Frederick Print.
his packer, although such testlmonr
was before them because It wished
no cloud of partisan contenfon, - or
ouestlon of, flnsnelal Interest to dim
the Integrity of lt verdict.
THE ESSON QUARRIES.
Raid to Be 3rk'nT Mney Under the
, . j . .lteceiversnip.
(Special to News and Observer,
. Salisbury, N C. Dec. 24. An ea-ly
termination of the receivership of the
Esson Granite Companies near here
is now looked for. under the man
a gem en t G. R. Collins, receiver, the
company is making money. If Is said
that i Charles J. .Harris Is Interested
In af reorganization plan.
n Case of Mnrdcr. t
(Soeclal to New and Observer.)
Jeffersoh. N. C. Dec. 24. It Is now
believed, that the man by the name of
Testenn4ri, who was found In a dying
condition on the side or tne road near
P. O. Faw's and shortly, thereafter
died, ' was brutally murdered. It - is
underst-jod that a - reneral row oc
eurred m which the. man was fatally
Injured arid left elone on tKe highway
to 'die.-
Claims
r M L
)
i
A WR
FILED TO'
0US1fC.liEILL
LVrs. Stewart Wants Him
Removed -as Executor.
SUE SETS FORTH fiEASOUS
Incompetency, Insolvency and Negli
gence in Office is Oiargod Cliarges
Are Accompanied by Large Num
ber of Affidavits From Parties Lulpg
In and Around ' Dunn to Susttln
Tbem The Respondent Denies the
Allegations Files Affidavit Also.
(Special to News and Observer.)
LilUngton, Dec. 24. There was en
unusual ease In ' Harnett Court today
iefore the clerk. The widow ot tl
late W.: A. Stewart, a prominent t-
torrty of this county, and win? was
killed by tho Atlantic Coast Line train
at Dunn. N. C. last February, U.i a
petition before the clerk' of court to
have 1L C. McNeill removed from th
entice of executor to the will of her
husrrvd, aiiegisg incompetency anu
ItiROvency and negligence In oiflc,
Th.o were a. large numoer of ra-
davlts from several persona living in
and around Dunn to sustain the to
:ti&n of the petitioner. . It was also
shown that H. C. McNeill had bn
1 xceutor to several other wills ad
that he had not filed accounts aj uk
law Requires. The petitioner attempt
ed to show, by the records in e -e.al
cases where the-rexeeutor v had failed
to administer trust funds properly,
: The respondent denied the allega
tions In the petition and attempted to
show that no funds of the estate of W.
A. Stewart had yet teen receivea oy
him. and therefore could not be guilty
of anything which would be a cause
for removal. .
The case consumed the greater part
of the day as there were a large num
ber, of affidavits , from ;, friends of botn
sides. - ' . i
The court asked permission of tie
coMisel to be allowed to reserve its
ip'.p:on' In Judgment lnl the matter
vn 'l Monday, which was agreed to. .
The attorney's for the widow of
Stewart were E. F. Young, Col. . D. IL
McLean, J. B. Shaw and J. R. Baggln.
The attorneys for the executor were
JrC. Clifford.. H. E. NorriNR L. God
win and N. A. Towns end.
There Is -a great deal of Interest
shown on. both sides.:
EM- FLEES CAPITAL
. -. - . -'-.. -
" L . ' - v ' "
HEAVILY ARMED WITH-A BODY
GUARD HE TAKES REFUGE
X IN CORINTO.
' (By, the Associated Press.)
Corihto,;Nlcaragua,v' Dec 2 4.--Jose
Santos Zelaya, who three days ago re
linquished the presidency of Nicara
guu to Dr. Jose Madrii the same day
hisVArmy 'met defeat; by the revolu
tionists at Rama has fled the capital
and tonight is In Corinto, surrounded
by7 his body-guard and a few faithful
frnda , ' -r- -:- ':' ; .
elaya departed from Managua un
der " cover j of darkness' escorted by
fifty of his guard of 'honor, and a
squad of .artillerymen with a maxim
gun. J ust at 3 o'clock this morning
the party quietly left the former presi
dent's, home and half an hour later
went on , board the - steamer, which
sailed -Immediately for Momntombo,
on Lake Managua. ...
W - . '" "..Av.-- .. .
1
ELY PESSIMISTIC IEY OF THE
OUT OF JO YEARS
Yet Brokaw Prefers Wife
. to Separation ,
I Bear Absolutely No Rancor To
ward My Wife and if She Will
Promise to Be Good I Will Take Her
Back In My Arms All I Want Is
That She Will Not Accra Me of
Going With Other Women end Stop
Calling Mo Names."
(By the . Associated Press.)
New - York. Dec 24. One week of
happiness In two years of married life
was the best W. Gould Brokaw could
get out of his bargain, 'he testified in
court today. And yet he Is willing to
take his wife back. She, however,
seems to prefer separation and 160,000
a year alimony.
T bear absolutely no rancor to
wards my wife," he volunteered In his
testimony today, "and if she will
promise to be good, I will take her
back in my arms. AH I want her to
promise Is that she will not accuse
me of going with other women and
that she will stop calling me names.
If she makes that promise I will wish
her a merry Christmas and a happy
New Year." ,
Mrs. Brokaw was not present to
hear her husband's offer of reconcilia
tion. A severe cold kept her housed
today. But- her counsel was disin
clined to credit Mr.. Brokaw's sincer
ity. "If Mr. Brokaw means what he
said, .commented Mr.. Baldwin to the
court, "there Is no reason why they
should not.be reconciled, but I. -believe
it is nothing more than a well plann
ed scheme to create favor for the de
fendant." At the resumption of hearings to
day Brokaw was asked to describe the
single week of wedded bliss he would
allow. He was sick at the time and
guarrels and worry were not good for
him, he said. His physicians advised
him not to see Mrs. Brokaw, but he
Insisted and won.
", "I could not seem to get Mrs. Bro
kaw off my mind," he explained, "and
finally the doctors said she could visit
me. I drove half way to meet her
and for a week she was very loving
ana affectionate. Everything was
lovely."
Mr. Mclntyro. Brokaw's counsel
brought out denials that Brokaw ever
set his servants to. spying on his wife,
or that he was jealous of her physi
cians. He never : suspected, he said,
that . Mrs. Brokaw would elope with
one -of the doctors, whose name-has
figured in the - suit, because, Brokaw
said, the doctor was too effeminate.
He never heard . his wife mention
the name of '"Bunnie" Wells. whose
presence In a house - party at Great
Neck. L. ; I., precipitated ,. the final
estrangement. xo oniy Knew tnat a
man had slept In .his bed what msji
ne couia not, nna out.
"I was ' deeply grieved." " : . .
MB. mm BETTER
HE LEAVES JACKSONVILLE . FOR
MLYMI FROM TUKRB HE I
GOES TO CUBA.
(By the Associated Press.)' '
Jacksonville, Fla., Dec, 24. Hon.
William J. Bryan, who has been HI
for several days at the home of his
cousin, ex-Governor William 8. Jen
nings here, left at 4 o'clock for Cuba,
later going to South America. Mr.
Bryan was feeling very much better
when he left the city, but . was still
jsuffertnr from a MTtrt cola. .
WITH 80,000 IUQ0DT
DAY.
GOTTOnLlEH
OF SOUTH TO MEET
Vital Question of In ere as-
-
ing Prices v ;
. -.
CRITICAL STAGE
To Confer With Commission Men
With View to Devising If Poeslble
Some Means for Bulling the Cotton
Goods Product General Call Sent
Out Signed by About Fifty of the
Largest Cotton Mills of tho South.
(Special to News and Observer.)
Charlotte, Dec 24. A general call.
signed by about fifty of the largest
cotton mill concerns in .the South, was
issued today for a meeting to be held
on January fourth, in this city, of the
cotton manufacturers and of the com
mission men of the North for the pur
pose -of further discussing the vital
problem of Increasing prices on manu
factured goods. The mill men say that
things have reached a critical stage,
commission men with a view to de
tlon and they wish to confer with the
ommission men with a view to de
vising, if possible, some means for
the "bulling" of the cotton goods pro
ducts. The letter sent out today with a
half hundred signatures is as follows:
Gentlemen, as a result of several
conferences held In this city within
the. last, two or three weeks, the un
dersigned have deemed It advisable
to Issue this call for a general meet
ing of Southern cotton yarn manufac
turers and the cotton houses, through
which they deal with the object In
view of disseminating knowledge as
preserve conditions and the advisa
bility of arranging a more uniform
schedule of prices. The conditions
surrounding cotton manufacturing at
was time are such that It Is believed
a general .exchange of views amone
manufacturers cannot but prove bene
ficial to all who attend this meeting.
You are, therefore, -urgently request
ed to have a representative of your
mill attend the meeting in this city on
January 4th.
! This Invitation has been forwarded
to eleven manufacturers of cotton
yarns In the Southern States and the
commission houses through which
their goods are sold.
1 Kindly acknowledge this communi
cation by addressing Mr. T. W. Crews.
Secretary, . Charlotte, N. C
KILLED WHILE HUllTlfiC
ACCIDENTAL DISCHARGE OF GUN
. ; ENDS LIFE'. OF BOYTWO
OTHERS WOUNDED.
! (Special to News and Observer.)
i Asheyllle, N.' a. Dec, 2 4. News
reached here today- from Madison
countv that Shad Franklin, a twelve
.year. --old. boy?' was killed while out
bunting, and that two others were In
jured by the accidental discharge of
a shotgun. Particulars of the tragedy
could not be learned tonight other
than the fact that Franklin, a rela
tive of Arthur and Andy Franklin, the
two men who, six months ago. were
killed by the iTweed brothers dis
charged his gun with fatal result to
himself and woundlii the two com
panions. The - accident occurred tn
Shelton, the Laurel section of Madi
son. Think He Wa Killed.
I Belhaven. N. C. Dec. 24. Thomas
Ebarn. colored, died as the result ot
a difficulty ''With some parties near
CreswelL-rAn examination will be
I made intotne affair. f ,
BEACHED
Had Been Confined
Sanitarium
in
The hoit-satlonal Case of 3Irs. Irene
Farmer, of Savannah, Georgia,
Heard Before Judge Bigg Is De
clared by Jury to Be Perfectly
Sane Alleged That Money Matters
Was Behind the Cruel Treatment
Release Ordered.
By ANDREW JOYXER.
Greensboro, Dec. 24. Sitting in
Chambers at Durham yesterday af
ternoon. Judge J. Crawford Biggs
heard argument in the habeas corpus
proceedings of Mrs. Cora Irene Farm
er, a wealthy Georgia woman, who
claims that relatives have confined her
and further that she Is being illegally
held at Telialr Sanitarium In this city.
Alter hearing the argument Judge
biggs granted the prayer of the peti
tioner by continuing tne case until
this aliernoon at t o'clock in tne
snenft's ornco' at Greensuoro. Mrs.
Farmer declared beiore tne court yes-
teruay her belief tuat it she returned
to the sanitarium she mignt bo ab
ducted and carried to Georgia. Judge
bugs oruered that the sntna appoint
a commission and them- report on the
ctse toaay.
Ihe' writ was issued by. Judge Fer
guson on Monaay . to be ( returned to
juuge biggs yrsieraay. . During tne
hearing jtsteruay-' Mrs. Farmer, on
several occasions, is said to nave made
remarks snowing thai sne I eared sne
wouid be abaucted by her husband,
wno was present. .The estate of -the
woman, on which, there is a lajge
lnaebteaneas, wnlch It Is alleged waa
caused by her husband, is now in the
nanus ot a trust company, and It la
one. ot the allegations that money
matters are behiud the legal conhne-
,Mr.Farmervcho.4& jrery prepe
sessiug, quicK witted and bright at
repartee, has friends . in Greeusooro,
mho are acung in ner bonaif ana who
believe her to be sane. This was at
tested yesterday by affidavits ot sev
eral local pnypicians who examined
her and piesented tnem at .the trial.
A jury of six .freeholders acting on
the insuuctlons ot Juage J. cravviord
Biggs lato yesterday aiternoon de
clared Mrs. Cora Irene Farmer, the
wealthy Georgia woman, who claimed
to be illegally oetainea at the Telialr
Sanitarium at Gienwood, to be per
tecuy sane and capable - ot , managing
ner own atiairs.
Judge Biggs; when apprised, of the
verolct last night, immecuaieiy ordered
by telephone her immediate release,
he having previously heard the merits
ot the case at his sitting in Chambers
on Ihursaay in Durham.
JSZha case presents some novel and
pathetic leatures. Mrs. Farmer, a
lady of gentle berth, as shon oy the
testimony, had been confined in the
leliair Samtarlum by her husbana.
Dr. John L. Farmer, of Savannah, Ua.
Her allegations set forth that money
matters, which involved a charge ot
luaeutednetfs by her husband to her
estate, which was inherited from her'
lather, was the principal cause of the
illegal detention. Through the assist
ance of friends she visited the city and
consulted lawyers, who, as they stated
in court yesterday, were Impressed
with the justice of her cause. She
had been confined ' since January of
this year and denied Intercourse with
her friends by the authorities of the
sanitarium. ' '
Upon a writ of habeas corpus, ob
tained by theae friends, she was taken
betord Judge Biggs on Thursday, and
he immediately ordered a commission
In lunacy. A number of witnesses were
Introduced by Mrs. Farmer at the
hearing yesterday. Including-' several
prominent physicians of this city who
had examined her since her . re
lease from the sanitarium under
habeas corpus. The opposing side,'
the Telfair Sanitarium, were the only
ones to appear and only offered one
witness who had examined Mrs. Farm
er, but contended that there was
danger of a relapse Into her former
habits.
Her legal guardians, the Savannah
Trust Company, did not oppose the pe
tition. Mrs. Farmer's husband also
appeared, but the jury was so evident
ly Impressed with the strength of her
story that they only required a minute
to decide. ,
- The Sanitarium was represented by
Messrs. More head and Sapp and the
petitioner by ex-Judge Spencer B.
Adams and .W. C. McLean, who had
actively- taken up the case at the in
tercession of friends ot Mrs. Farmer.
The argument of Judge Adams' was
touching' and pathetic,1 drawing tears
to the eyes of many of the spectators.
The legal phase of the case were ably
handled by . Attorneys McLean and
Morebead and Sapp.
The verdict evidently met with the
casual endorsement of , the spectators,
who,- surrounded -the .petitioner and
showered her with congratulations.
Mrs. Farmer at once went to the
home of a friend on West Market
street, where she will rest after het
trying ordeal before making definite
plans for the future.
Postponement Suit.
A temporary postponement of the
suit of the Guilford County Board of
Education against former Clerk of th
Superior Court John J. Nelson was
taken at 12 o'clock this' morning.
Referee Spe-nce leaving for his homv
at Asheboro, where he will remain un
til January 24th, when the hearing
will be resumed.
Tho suit which is for the recovery
ot large sums of money alleged, to be
due the school fund by the defendants,
will consume fully two months, mos.
: Continued on Page Five.), .... .
HABEAS
CORPUS
They are Arrested and
Sent to Jail
ARE RELEASED ON BQflD
Judge Sykea WlUiholds His Judgment
The Trouble Has Grown Embar
rassing Counsel -' for tho Two '
Young Men Have Instituted Suit ;
Against the City of Durham In the.
Sum of $3,500 The Funeral of Mrs.
Nancy Lynn. ' V''.'V; :,' . ; "
(Special to News and Observer.). ' i
Durham, Dec 24. The defendant
In the growlngly heated - Controversy
between the city and; the street, fruit
merchants, Fran O'Brient and A.
Lutterloh, this morning were .'found
guilty of selling in violation of the
city ordinance and Judge ' Sykes. via
withholding Judgment Tn; the mean
time 'the attorneys have Instituted s
In the sunn of 11,600. -i -'U 7?'
The trouble has grown to be embar
barrassing. - Yesterday when the" twe ;
young, men were arrested, they went
to jail for a short time and were aooa
released " on 125 bonds. They 'con
tinued to sell, but made no fuss about
it. as the city had prohibited their
outcry. The mayor offered them their;
license money back, but they; refused .
to accept tho money and declared that
the stopping of their sales would mean
the ruin of their koo.s. ; .
The trouble which the city finds It
self in Is more prospective than present
The street merchants have been
stopped, but the?a Is fear of a civil
suit, against the city,-and though its
officials believe that they, have-every
talking point, .In- their own favor.
there never was any town that wants
trouble. The cause. of the merchants
has much, popular . sympathy, for
while1 ..the grocery . Sjjres have, sold
things reasonably, this was such a cut
for the poor people,. mor than SO per
cnt- on all things, ")at . pearly, every
body favored the continuation C tha.
saltis.!''.i'J i ''. ,.w ,r T -. -
' Messrs. Bramham .& Brawley, who ,
are jpresennj the defendants, novr
and the plaintiffs of the future. thLi
afternoon determined. -their - course.
They have abandoned the idea of mov
ing for an Injunction ag nst the city
before Judge Bigg?, feut th. t Isn't
certain. The . Intense conflict" of In
terests makes any move doubtfuL" No
body denies that the presence tef 11 a
merchant who Las ; ot rented. a 'store
and started on even terms with other
merchants in their appeal to Christ
mas trade Is entirely unfair .' to tho
merchants who have ' complied- wlthi
all the demands of city citizenship,
and if the stopping of the street mer
chants means a loss of their goods,
th) failure to atop them means 'the loss)
of many times more v to. those 'unable
to compete with his free - trad, v
Still, the attoneys f or 'the'-defendants
take the view of the Democrats,
that those protected by the ordinance
do not sell nearly for the price that
they could afford to sell, that a flftr
per cent reduction with a 'certain
profit doesn't 'represent the difference
between their, prices . and , rent with,
clerk hire. -4 .. .
Judge Sykes ,-eaid"i this - afternoon
when asked as. to his intention as t
Judgment, that' he had 'not had time
to -' discuss the matterwith the de
fendants, but that the ordinances are
the city's laws and that they are
the rules under which' he tries local
cases. There is general regret over
the trouble, undoubtedly embarrass
ing. . r . r
The first suit Is brought on account ;
of the revoking of the license and it
may have a brother for false impris
onment, though this would be a great
joke, since there never was any desire
of the city to humiliate them, -. and
the men ' showed that they ; went te
prison without a particle of objection
or feeling of humiliation. Durham la
quite aroused over the situation and It
the city's next move. ' '
Miss Nancy Lj-nn died today at her
home on Alston avenue at 11:30 this
morning. - ;-
The funeral services will be held
tomorrow morning at 10:30 conducted -by
Rev. J, W. Lynch. The burial will
follow In the country about seven
miles in the country. She was a mem
ber of the church more than 40 years
and died at the age of St. She leaves
a number : of relatives here, among
them being Capt. C. W. Lynn,' of Dur
ham. -. : ' ' "
Attoreys Bramham &' Brawley 'say
this suit is just the entering wedge.'-
Th&y ! mean to go to the' bottom.
Today, when .the. street merchants
stopped selling and turned ; over , the
goods, the lawyers offered them to the
Associated Charities, but that '.organ
isation could not . handle them. ' The
preachers could not use them, and the
Elks had the same misfortunes 'Fin
ally W. A. Erwln took a few loads "and
Y. E. Smith another to? give' to -West
and East Durham poor. : - - ' ' s-
The railways are charging derhurr- .
age on the freight and theNconipllca
tions in the suit grow worse.
SPENCEIt SHOPS CLOSE" '
Employees Leave to Spend the Christ'
mas Holidays. , v
(Special to News and Observer-
Spencer. N. C. Dev. 24. The big
shops of the Southern Railway Com
pany located at Spencer closed tonight
for the Christmas holidays and hun
dreds of the . employees with 1 their
families left at once for a visit , to
their old homes In. this and various
other States. - Some went to Okla
homa, somo to Pennsylvania, ! Nenr
Tork. and other places for tho festive
season." Only an emergence .force of
men will remain on duty Saturday and
Sunday. The employes received thstr
Christmas pay checks this week, the
pay roll being one of the largest for
two years or mora, -
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