North Carolina Newspapers

mm . r'"Af"-i . ... North. Carollaat Cloedy tmrtSr -tieadw Tharsday sad Friday r wars Friay. mm en otf paper. Btnd rpl IW day Lefors tivtion In order to avoid anisiag a lag I copy. yOL CXIV. NO. 119. SIXTEEN PAGES TODAY. RALEIGH. N. G, THURSDAY MORNING, OCTOBER 27, 1921. SIXTEEN PAGES TODAY. V". PRICE: FIVE CENTS FURTHER TALK OF Injunction Against Printing GENERAL CARR HEADS f CONFEDERATE VETERANS Trades Unions Js Dissolved It Supreme Court File Opinion Finding Error In Trial of Case fioTeudgeJWrM V Sufficient To Warrant Continuance of Order UNION CHIEFS SAY NOTHING CAN STOP ; I STRIKE ON SUNDAY FEDER CONTROL - lift I Mn M riv I STATE GAS RATES - FOLLOfKWi -UM U At 'A UN rfe iimnu ni unnmL Increased Government Control , Regarded As Ultimate Out- come of Fight EXPRESS BELIEF THAT STRIKE WILL NOT OCCUR Washington Post Writer Grows Sarcastic Oyer Railway Sit- y nation; Punishment In Store Tor Representative Blanton, With No Democrat! Coming To Hit Aid Kewt bS Observer Bureau, 603 District National Bank Bldg. By EDWARD E. BRITTON. (By Special Leased Wire.) Washing Vn, Oct. 26. The decision f the Bailroad Labor Board that the railroads must make 110 further wage reduction until next Jflly, regarded as straight victory for the railroad em ployees, and held to be the position of the Harding administration, has brought forward more talk that the final outcome of the strike battle between the rail road executives and the employees will be increased government control of the raids to b followed by government ownership. Settlement Mast Com. The decision and the attitude of the contending forces is regarded as merely postponing for a time a settlement of some kind that must eome. 'hile both sides to the controversy are girding np their loins for the hour of the strike, the railroads to carry on operations and the rmplnyces to mske the strike effective, the feeling grows that there will le no strike, that a compromise will bo effected and taht the day of reckoning wilt be aetayed. That Hie strike, cyen if started, will be abortive. is the belief of many, these holding J hat pubjm opinion is not back of i tliat therfi is disaffection in the rank o the employees which would have hud to act almost as a unit to make it real, largo numbers not supporting it, that the vast nmount of ineiuployim 11: throughout the country wjuld make it rather an easy matter to' replace the strikers. Writer Gets Sarcastic. In taking the, position that the strike would not materialize, special writer in the Washington Post, George Buta. welj B row 11,' grows emphatic and sar castic at the imi time, In discussing the roeent developments in the matter find the decision of th Railroad Labor Hoard forbidding further wage cuts by the ruilroadt for Sigit months, be saysi "The tBreatenedptrike dissolves into the thin mist of nothingness. It never existed. It has "been a myth and a de lusion from the beginning There neer has been any such thing and the public press ha published coin mm about some thing that never was. There being no .requests for another reduction in wages before the bonrd, there is nothing for the bonrd to act upon, nothing for the brotherhoods to get excited about, noth ing npon which to predicate a strike.'' And turning to the matter of the final outcome, at the same time denouncing government ownership, lie says this: ''All that is left by this settlement is a railroad situation in the United States whose red danger signals give warning of the calamity of government ownership ahead. The railroads are a nuisance, like the Shipping Board. They are on crutches, and about everybody has lost sympathy for them. Folks wish they would get well or something." The Blanton Episode. The Blanton episode gives a feeling of nausea to all who have read the indecjnt, obscene, scurrilous referent in a letti-r he incorporated in his "leave to print" speech made the other day in Congress in which he assailed labor unions his pet aversion. Democrats and Bepublicsns alike condemn his in corporation of a letter of the complain ing employees of the government print ing office in his remarks. That the Congressional Record is broadcasted over the country, that it goes into homes and into schools where students can read the vulgarity and eoarseness of the let ter is justly regarded as scandalous, and there is talk of the adoption of some method by which "leave to print ' speeches can be examined by some hoard of censors before going into the Congressional Record. There is in some cases condemnation of Public. Printer . Carter because he did not inform some of the House leaders of. the indecent letter used in the speech of Congress man Blanton despite the order of the Texas Congressman to print the speech. It is not believed that in any reputable printing office in the United States that even any proof reader would have passed op an article with such .language in it without having called it to the attention of some one in authority he fore it went to press. And Public Frin ter Carter's attention wss called to the vulgarity. Question ef Decency. Though Congressman Blanton is a Democrat, it was not necessury for the Republican steering committco to at tempt to deal with the matter as s party question. It is a question of simple decency and not one Democrat is defending Blanton. Exactly how to deal with him ia the bnly question. While there is a wide spread feeling that he richly deserves expulsion from th House for his action, there are some who think that a drastic censure, with Congressman Blanton ealled before the ar of the House to receive it, should bs the punishment That he will be punished in soma way is certain, and he should be, for the language that he quoted it of the gutter brand, SHhy ia the extreme, language that is used by : only the most debased aad the fonlest l mouthed' creatures. The page of the Congressional Record containing the : itenefc shout be torn f cm the public tion by evertrdecent person into whose Sands it falfs. There art tome Con frssmen who are aieeady -srrrtnrif to schools, which receive the Record call (Continued on Pag roar) Injunction r, secured by non-nnioa printing house ia Baieigk-agaiast tke member of the three printing trades union was dissolved by th Supremt Court yesterday when it found error in the hearing of th esse before Judge W. M. Bond in Wake county court, and held that evidence then adduced was not sufficient to warrant a continuance of the order. The unanimous opinion of the eonrt, dissolving th order "with out prejudice to the right of any of the parties," wss written by Associate Justice W. P. Stacy. .' iporary restraining order issued by Judge . H. Cranmer and made re turnable before Jndge W. M. Bond in Wake Superior court, September 3, pro hibited the three defendant labor unions, officers, members, aiders, abettors and associates from gathering in grouus around th plaintiff printing shop or in any way annoying any of the non union employes of thes estab lishments brought in to break a strike for th forty-four-hour week which be gan on May 1. Organised Labor Areated. The resort to the courts aroused or ganized labor in the State and th local unions received immediate support from other organised labor bodie in the State in the fight through th .ourts R. N. Simms, Douglass ft Douglass, Evans ft Kason and Charles T. Harris appeared for the defendants, while the plaintiffs, including non union print shops and their present employes, were President Presents His Views On Race Question BOWLER SECRETARY OF STATE BANKERS Association To Establish Head quarters Here; Pinehurst Gets Convention The election of Alan T. Bowler, of Raleigh, at full time secretary of the organization and the selection of Pine hurst sj.the meeting place of the next annual convention, were the outstand Ing features of a meeting of the exeen tiv committee of North Carolina Bankers' Association held here yester day. ' ' - -..-rs Election of a full time secretary marks a distinctly new step la the policies of the bankers' association, but it was agreed at yesterday's meeting which was attended by th full mem bership of the executive committee and a number of other prominent bankers from all sections of the State that the organization has grown to the stage where the services of a secretary who can devote all of his time to the affair of the organisation is an urgent neces sity. Permanent headquarters of the association will be opened in Kalfigti on January 1, wjjji Mr. Bowler in eharge. Mr. Bowler "ho is originally from Doland, Kin., is well known in Raleigh and throughout North Carolina, having lived in this city since his graduation from North Carolina State College in 1912. After leaving college Mr. Bow ler joined the staff of the Raleigh Evening Times, later serving as teller of the Citirenn National Bank and Secretary of the Raleigh Chamber of Commerce, holding the latter position until the outbreak of the war with Germany when he entered an officers' training camp and became a lieutenant in an nrtillcrv regiment. After the war, Mr. Bowler became assistant cashier of the Merchants' National Bank of this city and is now associated with Vf. 8. Boyd, agent for Republic trucks., The time for the Tineliurst eonven tion was left open hut the convention will probably be held during the last week of April or the first week of May. The committee yesterday reeom mended to the bankers of the Slate that every possible advantage be Liken of the aid offered by the War Finance Corporation in financing loaua on farm products. The general ton of the meeting was distinctly optimistic, reports of im provement in business conditions being brought by bankers from all over the State. A. M. Dumay, of Washington, is president of the association and T. A. TJzzell, of New Bern, is the present secretary. DR. HADLEY IS FOUND GUILTY OF MURDER Richmond, Va., Oct. 26. A verdict of guilty of murder in tht first degree was returned by a jury in Henrico county ei"cuit court, here this afternoon in the case of Dr. Wilmsrth A. Hartley, former U. K. Army surgeon, who was charged with the murder of his wife, Mrs. Sue Kathleen Tinsley ' Hadley, whose body was found in th James river near here about three year ago Th verdict was returned after the jury had been out less than forty min utes. The verdict earries with it a tea tonee of death in the electric chair at the State penitenltiary here. Dr. Hadley, who stood up while the foreman of the jury rendered .the ver dict, received it without a tremor.-Mrs. C J. Hadley, th aged mother of the now eonvicted physician, who had come from her home in Friends Wood, Texas, was not in th court room he a the jury rendered tt Twrdiet. Counsel for th defense immediately made a motion for a new trial on th ground that the verdict was contrary to the law ami the evidence. Judg B. Carter' Scott stated that he later would set A date for a bearing ea th motion. represented by former Governor T. W. Bickett and Murray Allen. After a full day of affidavits and argument, Jadg Bond continued the injunction and th defeat appealed to th Supreme Court. Th opinion of th eonrt was brief, zeept that part of it containing the complaint. Opinion of Coart. "Some .serious nnd weighty questions of law are presented by th demurrer and th several motion filed in the cause, reads th court's opinion, "but w deem it unnecessary to pass npon them now, as we ar convinced, from a perusal of th record, that the evi dene adduced and offered on the hear ing was not sufficient to warrant a con tinuance of the injunction. It will, therefore, b dissolved without pre judice to th rights of any of the parties." The full opinion of the court follows; Supreme Court of North Carolina Pall Term, 1921. No. 52 Margurit MeGinnii, et al. Raleigh Typographical Union No. 54, et al. Appeal by defendants from Bond, J., at Chambers, S September, 1921, from Wake. Civil action to enjoin the defendants from certain alleged unlawful and wrongfnl practices. Th material allegations npon which (Continued oa Pig Four.) Declares Social Equality Be tween The Races Cannot ' Be Considered SPEAKS BEFORE GREAT - CROWD, AT BIRMINGHAM Says Negro Should Have In creased Educational and Po litical Opportunity Birmingham, Ala., Oct 26. North and Sruth, whites nnd blacks, were ailmon ished by resident Harding here today to put aside old prejudices and pre tenses sud set the face ef the nation courageously toward a constructive and permanent solution of the rar problem N Social Eqaality Jt I swaepinc, presentetioa ef his views, which was received with varying manifestations of emotion by a crowd of several thousand whites ard negroes. the President declared social equality between the races must not be consul ered a possibility, but that the bine man mast have an increased political economic and educational opportunity if the American nation is to live true to its tradition f democracy. The address, on of five delivered "here by the President during a day visit to the Birmingham 8emi CentennnI celebration, was driven home with vig orous gesture and deliberate utterance such as Mr. Harding seldom has em ployed since he became Chief Executive. He spoke with a manifest determination to drive his shafts to the heart of racial disagreements and to make the pro noiiticement one of the most plain spokes of his administration. Crowd Packs Park. The crowd liefore whom he appeared was packed in the inadequate confines of Woodrow Wilson park and many hundreds on the outskirts apparently unable to hear kept up a huMiub which made his declarations inaudilil to all but those who were close by. Repeated bursts of cheering swept the segregated sections allotted to the negroes as thev caught portions of the speech relating to political and economic, questions In tslie white section thtre were oc casional ripple of applause as the sig nifi.ar.ee of the phrase here and there was realized and pondered by thosi near the speaker. t.ivea Big Welcome. In other parts of the citv, during (by crowded with events of manv varie ties, Mr. Hording was received with succession of intensive demonstrations ror a mile he roue through surging crowds ia a street parade, a roar of cheering aecompanving him "rnm start to tinisn. He was cheered nearly a nun ut when he appeared to speak at luncheon after the park address, and h received, repeated applause, as attix-cd in scholastic cap and gown, -he addressed the students of Birmingham Southern College aud then wearing a Masonic apron, he laid th cornerstone of a new .Masonic Ten. pie. Noi.-r.riiM Vtalt. Throughout the day th President in 'i-teil that his visit to the heart of th South as wholly nou partisan, and everywhere he weat he was aecompa r nt by Senator Underwood, of Ala lama, the Democratic leader of the Senate. At a reception late in the day at the Nepal. ncan club he asked Sena I U.nderwiwd . to sia4 -at bis sith?" aiii shak hands mth each of those in the line, and in bis luncheon address he paid a warm tribfite to the statesman ship of the Alabama legislator. Dunn the early eening he paid a call on Mr .Underwood's mother ia the residential sect. on of liirmn.gham. . . Text r Address T"he World Wr brought us to full recognition that the rac problem n 1 1 id ns I rather than merely sectional There are no authentic statistics, but it is common knowledge that the world war was ntsrked by a great migration of colored peopl to the North and West. They were attracted by the de aiand for labor and the higher wijo offered. It hat brought the quettioa wf-i rac closer to North and West and, I believe it has served to modify some what the views of those sections r.n this question. It has made the South realize its iadustnal dependence on th labor Cootinned On Pigs Two.) Winston-Salem Company Has Hearing Before" State Commission RALEIGH AND DURHAM PETITIONS ARE FILED Regarded At Forerunner of On slaurht On Commission's April Order Reducing emer gency Rates In Many Cities ; Att'y Parrish Attacks Opera tion Winston-Salem Co. As a forerunner of another effort or the part of North Carolina publie utili ties to Increase gas rates in North Caro Una, the Winston-Salem Company yes terday appeared before the Corporation Commission In support of its petition revise its schedule of rates suffi eiently to effect an eleven per cent in crease in revenue. Opposition to the petition came from f red Parrish, attorney of Winston 8a loin, and W. 11. Uolcotnbe, commis sioner of Accounts and Finances, who urged the Corporation Commission to make a vist to Winston Salem for the purpose of inspecting the plant there ;ind getting first hand information on the inadequacy of the service of the iimpany before making an order. The Commission, evincing no disposi ton to go to WinstottBalem, took the case under advisement. First In Series This, is just the first in a series of as hearings. The Carolina Power and ,ight Company filed petition for an increase in rates on July 2!l, nnd it is understated olbors re to follow. Botn e Winston Hukin Company and the irolina Power and Ight Com puny tigured in the hearings which resulted in the decrease nf -the war time -enter lincy rate of 2.:iO to Jl.p.V Both con- cms now Buy that the revenue under t tics decreased rates iiimleunte and that the companies cannot make any reason iMe return on their Investment under the decreased rati'. The representatives of Winston fa lem consumers were confused yesrer lav at the turn 1 ho .case took. The petition of the inston Salem oiu pany was nu informal one,, presented in the form of a letter to llic ( oininis sion. In that, it wi. suggested that th increase be allowed through tie agency of a fifty cent service charge for each meter ot by an increase of ten eents on th present scale. The petition as actually presented vesterday was for a revision of the present rates on the basis of service The charges proposed are 11.50 for the lirst 300 feet: un to lO.nntl enbie foot $051) for the first 300 snd the remain ing 9,700 at the rate of $1.70 per tlious and; up to 21,000 feet, the first 10,000 on the above bus is and tie next at $1 .70 ; over 20,000 cubic feet on the same basis up to that point and (1.60 per thotis and for nil over. II. H. Smith, of Detroit, general conn el of the parent company, appeared for the petitioner with II. M. baton and W. L. Clay, general manager nf the Winston Salem concern attended the hearing. Says It is Defunct Mr. Parrish and Mr. Holoonibe ston appeared for Winston Salem. They of fered no testimony bevond the fnct that Winston Salem has 30,000 feet of asphalt pavement 1 id in thickly popu lated sections under which the company ti:is laid no gas lines. Mr. Parrish charged bluntly that the Winston Salem concern is powerless and is unable to meet the requirements of Winston Salem for gas. The water system, he said, is municipally owneil nnd he suggested that the citizens might i.ike over the gas concern with beneficial results. What ninston ivilem wants m a gas company," said Mrr. Parrish. "The Mayer and the board of aldermen are not satisfied with the service rendered u ml they want the commission to come to Winston Salem and sco for them selves the kind of service we have to put np with." The valuation on which the company ts demanding a return tho attnrnev de clared. was that of May 1, 1019, and he argued that the commission should take judicial notice of the fact that the ue under present conditions of deflation must need be at least a third less. He drew from the petitioners the nd mission That whereas Winston Salem has doubled its population, the gas concern lias added nt more than twenty five per cent to its lit of customers and has n plant snd cqu'pmTnt adequate to double its service. He niii le liyht of the eontent;cns of 'tie petitioner that they needed increa -d ra es to mite attention to the: securities for fnancial s. rengthenuig by pointing out to tho commission that any extensions undertaken no'-v oa reets alrendy ravel will be done at i cost fiie ti- scaler ttinn tire time at ".ljh;h ' t n iLijci i ni-Mtojitres notified (he g'is company of the pro p' sea pave nt ..nl antra that itas mains be laid. Its jmt a defunct prnjvsitmn your honor, charged the Mtornet Would Force Confiscation Th;s line of argument the attorney f'r the gas eompaiiv answered with nme heat to the effect that the Winston 'alein authirities are trying to force i confiscation of the propertv. W'h.-n the Commission adjourned, it !f: little hop that it would visit Winston Salem. NEW GERMAN CABINET GES CONFIDENCE VOTE Berlin, Oct. 2fi. (Hy the Associated IVess.)- The Reichstag voted confidence in the new ministry of Dr. Wirth to ninht. The vote was 230 to 132. Th majority v. as' made up of Majority Socialist, Independent Socialists, Cen - trieU and Democrats. Damage Will Run Into Millions of Dollars; Several Deaths Reported TAMPA. WORST HITBY "r" TERRIFIC GULF STORM Fashionable Bay Shore, Drire Section Panorama of De struction; Many Beach Be sorts Completely Destroyed; Transportation Service Crip pled and Wires Down Lakeland, Fla, Oct. 2fl.-Routli Flori ila spent today in recapitulating the damage estimated to run well into mil lions of dollars caused by the gulf hur ricnne, which tore northeastwardly across Florida s peninsula yesterday At times, attaining a velocity of 70 miles an hour, the gale wrought de struetion to tmnller obstacles in its path, but only in a few instances, ac cording to reports, causing a loss of fe. Scvertl Desths Reported While there have been only three or four isolated rases of deaths from the storm, it' is feared the clearing away of the debris in Tampa s w reck d portions might add to the list. Of the cities and tnwni withn a radius nf forty miles of lakeland, that could e reached by automobile today, Tarn pa appears to have suffered the great est damage. The Bay Shore Drive resi lental section from rranklin Street to Port Tampa is a panorama of do Struetion. Trees are down, houses with roofs torn awav and foundations weakened from the tidal wave that swept in oier the sen wall from Tam pa Bay have collapsed nnd logs nnd other debris swept in on the on rush ing water's crest now grvo what were once tho beautiful lnwnsf the ITyric Park section, one of Tampa's most faslronablo suburbs. Along the water front large sections of the sea wall re swept away and parts of streets were washed into the pay. Houses Im mediately adjoining the boulevard were crushed in by the gale without apparent resistances. Resort Destroyed Sunset Bench, a popular resort of Tampa, wus aoniplctely destroyed. Small houses were torn down nnd washed away and the white sands of the beach now show no vestige of ever having been inhabited. The downtown section of Tampa was more fortunate thai, the outskirts of th suburbs, the damage In th city proper being confined to the breaking of plate glass windows, the tenring away of awnings and the unroofing of buildings. A warehouse occupied by the dulf and Southern Steamship Co., win destroyed ns wus part of tho Mai lcry Line docks. Power Plant Idle Here and there throughout the city nr strnnded street cars, tho victims of the sudden failing of the cjty s power plant. Telephone nad electric wires dangle jn a tangled mass, giving littlu hope at an early resumption of tcrv ice. Conservative estimate? place the dam age in Tampa proper at $t.OOO,Ooo. Tho storm, traveling north, appeared to concentrate its full force on Vbor ('it, the Latin piarter of Tampn. Nearly 500 houses were wrecked in that section. In the Palmetto Beach section approximately four squnre miles of ground wus inundated. Wuinen and (Continued On Pago Two.) Trial Of Negro In Greene County Murder Case Opens Snow Itill, Oct. 2.-The case of Wright Rouse, the negro charged with murder in connection with the killing of William Whitley, well-known als- tonburg farmer, was given to a jury composed of Wvn county men lute tonight. At l.-ist reports no verdict had been rendered. The negro's tnal began in Greene County Superior cjrt here this im rn ing biforo Juiie Frank A. Daniels ami went to the j'iry nfnr House had testified ii Ins own biha'.f following his examination i I'r. I'aison, from the colored iiDi.e myi'im at Gob!-' oro. ss to bis smi.ly. h'utise was., adjudged to b normal. Try Woman Today. The trial of .'-ir. S-ir.-ii W'ntley, wife of the munlir-i! n an, also chargo) wit!; murder, is sclco-.l-d to be?in n court tomorrow, v.i t .e case of Tom il.iyis. who faces a sim.l.-r charge, was .:! to havn Ix.in continued until the Dc comber torm V.'t. Whit'ey" and Hsie. who were said to have tieen irfa'iia'ed. are iii.'.ged to l ave consp.re 1 to k II Whitley ai d off, red the negro $"00 to commit the de, d. Foi'owii-jr tl.e con pb Una of the State's ei.ooY limit, y i:f!er noon, at torneys for '111 nero requested tha' the court allow house to be cramired to de'ermine whether or not he wu normal, rais.ng the insanity issue. The request was granted nnd Dr. Faimn was called from Uoldsboro. Court re c.eed until 5 o'clock to allow time for Dr. Faison to strive. The negro Was examined and court re convened after Dr. Faisun hud declnred Rouse to have normal possession of his faculties Another recess was taken until 7 o'clock nnd Rouse went en th stand as the first and probably th only witness for the defense. Dr. Faison did not go on the witness stand, merely Staking hit report of the examination to the churl. - Thevtrnil wf Hnose, -wdiw r rttlcred tr have aetiiuily killed Vhit, was lei. in court here this mornit.g at 10 o'cieck when selection hf a ury flmm" f-m:i " a special w.'irc of Wtiyne county ri started. It reunited about two hours 'to get th twelve men in th jury box, both tides making their. Seles - J j i i 2fU Chattanooga, Tna, Oct. !. General Julian S. Carr, of Dnrkaat, N. C, was elected commander-in-chief or th United Confederate Veteran to aaccetd K. M. Vaa Zandt, of Texas, aad Richmond. Vs., waa chosea as th next reanioa city st the closing eloa her tonight of th Veterans' convention. Succeeds General Van Zandt; Richmond Chosen As Next Reunion City Chattanooga, Tenn., Oct. 2fi fieneral Julian 8. Cnrr, of Durhiim, N. C., was elected Commander in Chief of the United Confederate Veterans to sue coed (leneral K. M. Van Zandt, of Texas, and Richmond, Va., was chosen as the next reunion city at the closing session her tonight of the veterans convention. Tho annual parade, the big event of tho reunion, will be hold tomorrow. ( oininaniler van Zandt delivered a brief valedictory to the veterans, Richmond won the next reunion city over Snannnh, Nashville, and Sulphur, Okla. The reunion went on record with a declaration that "these reunions would be continued from year to year so long as there are ns many as four veterans left alive and able to travel to the reunion city and so long as the people of Southern cities see fit to invite the in to come." The convention voted to accept an invitation to send representative to the memorial exercises next year at Point Pleasant, Ohio, In commemora tion of the 100th anniversary of th birth of General Orant., Resolutions adopted included one re questing national publishers of school boobs to use moro artieloa.written Southern authors and another calling on the Stnte of Tennessee to observe the day. of Sain llavia execution as "Sam Davis Memorial Day." Elect Wilmington Man Chuttnnoogu, Tenn., Oct. 2fi. -Judge Edgar Scurry, of Wichita Falls, Texas was unanimously elected ( ouimander int'hief of the Sons of Confederate Veterans at the final business session nf tho organization here today. Judg Scurry succeeds Nathan H. Forrest, of Atlanta, secretary of Ijinier l'lmcrxity Dr. W C. Galloway, of Wilmington N. C. was named commander of the armv of Northern. Virginia, after Gen ernl J. 8. Tatem had declined to stand I for re olection. tions curefully. About 11:30 the State loiran introduction of its evidence which was completed wh-n Judge Ian ills ro-o"ncd court for the dinner hour The .State relied entirely on the testi rnoiiv of officers in their effort to con ict the negro of the nnrrdor charg- Dr. J. if. Harper, coroner, Sheriff J K. nerrmg and Deputy Sheriffs P. t. Rous-. D. H. Suggs and H. K. Potter were the only witnesses. The principal evidence against the negro was the al legod confession he is said to have made to the officers following Mrs. Whitley's expose of the details of the k lung. The testimony as practically r .rrobnralr.e of Mrs. Whitby's storj t) at lie nnd ITaves conspired to do awav s th the husband and offered the black man So'Hi to kiil WhitU-y. Rmise was Sid to have admitted he shot and killed Whitley at the L;;er's tobacco barn aV.ut 1! oVI.rfk at mght. but that he never recc.vd the f " Hired Negro For a00. The w.ta.ssu said Route told them WI. tity and Hayes approached luai ostensibly to lisve their fortui.es told, the negro pos r.g as a "conjure" doctor or foiMno tt.ler, but afi"rvard iro. "i.e.J the s..i.jn t i.f Wlutiej s de sired death. Tn-y testified fuK'o r that lie u.irro said lia;,is took him in ao automobile to the toUacro barn where v. .. 'Icy ilfj,t ai.d that he shot t tie n an ivl.,le he was s.urrbcring. Afvr the crime, according to the confession, Rous" "rj'ked lack home, a distance of 12 mlf: The negro told a weird story of how he had been asked to kill WL.tlty foi pay, had beD ir.ver.-1o tin barn where the victim lay, and had seon a man with a gun ard a bloody figure, snd how afterward h had bceu driven off by a l.r.o ted ehaufferr. The "hot he fired, he said. u an aimless one. He declared he did not SHont Whitley. Addressee the .iiiij, be uri;e them to have mercy a pmr tld -mtrrn' Ti e jury to try .Mrs. Wh.tiey tomor - run e.li be chosen from a sermid Wayne cuaotr veiiiri. Hayes did not join jn the request for a jury from snotber I county and this has been given as the chief reaaoa for th continuance of 1 his eat. GENERAL J. S. CARR U. C. V. COMMANDER Make Declaration .f ollowing Day of Jockeying With Rail Labor Board GOVERNMENT PLAN FOR FUNCTION INDICATED Brotherhood Chiefs Deolare Nothing. Bat a "Satisfactory Settlement" Will Prevent Their Men from Walking Ont; Day of Fruitless Ques tioning at Windy City TO MAKE FINAL APPEAL . TO STOP STRIKE TODAY Chicago, Oct. !. (By the Asso ciated Prtsw). Th government will tsake lie nal appeal to sre veat the threatened generfV rail road strik tosnerrow saornlng st 8 o'clock whea presides!, general chairmen and executive committees ef the tve train service anion saect here st a con fere ace report, ed to have been arranged at the luatlgatioa of the Paired Btatee Railroad Labor Board. The hoard's investigation ef the causes ef the strike threat ended abruptly at 8:3 tonight whea th tv anlow leader asked pcratiasioa to task annoaaceeaent to their saea. Chicago, Oct. 13. (Hy the Associated Press.)-Kxecutives of the "Big Four" brotherhoods and the (switchmen's I'nion of North America, after a day of verbal jockeving with the V. P. Railroad Labor Hoard, declared late todny that no power on earth save a 'satisfactory tettlemont can prevent their men walking out, beginning next Sunday morning at 6 o'clock. Their derlraration came at th close of a day of fruitless questioning, whea Judge R. M. Barton, chairman of the Uibor Hoard, called each union Presi- tent in turn and asied him for pre- pared questions, th third of which was; Pointed Question "If the board shall declare a strike is not justified and should not occur and direct that the employes not strike, will that order be obeyed! The I'nion chiefs, Warren 8. Stone of the engineers; W. G. Ie, of the trainmen: L. E. Sheppard, of th on duetors; W. 8. Carter, of th Firemen, and T. C. Caahen, of the switchmen declnred in turn they had no power to cancel the strike order, expressed the individual opinion that their men would not obey an order from them r the beard to remain at work and reiterated their previous declarations that "only a satisfactory settlement" eonld avert the walknutc Avenues ef Settlemeat Such a settlement, they said, would be consideration by the labor board of it twelve per rent reduction order of la.st July l,or a movement by ths ind.vdiial railroads to confer with ths unions and set us.do the board's order. W. S. Carter declared s settlement should also reimburse the men for the pay lost since July 1 as a result of the wage cut. The other three questions ssktd tbe union leaders were : Other Questions ''Who, or what authority, !n yonr labor ori;aniat ion can withdraw the order to strike or st..p a strike! 'Supiose you, the rhief executive of your organi.n! n or your executive committee issued an order or a state nient that a strike should not occur, do you not believe the strike would be prevented t "Will y-u. as ch ef eiecutive. nsr your p-'wer and ii.fliiero-e to see that tho orders of '.he board un the matter he obeyed? Plans Inlanrtio That the g eminent eentemplstes injunction proceedings sgainst tie unions for violation of .th Transports tion Act was indicated by trie trend of fjui-Atioiis, coi.d.ict,-d by Hen U . Hooper, rci resentat ve of the public on the board. Hooper v-.ght thronghn.it his eiau.i nation of tue fie union leaders to bring out that tbe.r s:rike order was not only in defiance of the July waz cut decision, but by including other ant unsettled questions, violated that part of, the Traimiortat on A -t which says nil disputes ''shali" be referred ti the i'oard first for settlement. I,ee. of the traiti'nen. said his organ' ration's ballot wni has. 1 s lely oa the July 1 wagu cut and decire-. h had withdrawn from the brotlierhno.l's join' mectirg and refused to sti' scribe to their ballot. The language of the joint billot, he said, imp! et other qnesfiorts ,' 'e ,e il?ed. The other leaders defended the Joint bi'lt ar, I a--i ri- 1 that all the other questions referred to had a hearing on toe fxiir.s of mird h! h led the employes to vote for a strike. ' Other Question Involved Tl.e ipicfiuns of tiine sod one half for overtime snd of a g-'ncral revision of scheejuim were- if-ellcd . in thw d-s: c-.is-ion preceding 'he ;rike question proicr on both the ioint ballot and that f ti:e trsinn.cn tii-v sa'd- While a-1' the union chiefs maintained titat the strike i ue-.t.on wss technically taken on the" July wse cit, all admitted that the other ques'iona would probably fisare in any sottbmcnt leading to call ing off the strike. (JuestKining of the onion leaders brought out that a vote against tho sink" had been returned on 23 rinds by the conductor; on 14 roads hy the trainmen, snd on three roads by the firemen. dshen said the iwitchoien on every system vuted ia favor ef striking, btone, -after a heated pro trjt ng.iinst f irnishing the information Tils enetu.es, agreed Jo ootaia it t , his olticc in Cleveland. Frequent Hashes " The hearing was markel by frequent clashes between members of th board and Stone. The engineers' ..g4 chief (Ceatlaaed Oa rage Twe) ( 1 r - t