Newspapers / Salisbury Evening Post (Salisbury, … / Sept. 25, 1917, edition 1 / Page 1
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WEATHER FORECAST Probably rain toninht nnd Wednes luy; cooler. aBSslbiunry EveiniSinig Posit ONE EDITION 2 CENTS MEMBER OF THE ASSOCIATED PRESS VOL. 13. NO. 223. SALISBURY, NORTH CAROLINA, TUESDAY. SEPTEMBER 2:, 1917 PRICK TWO CENTS DEFENSE IN MS CASE AT CONCORD OFFERS NO TESTIMONY AND ARGUMENT IS IN PROGRESS Counsel for Gaston B. Means, Charged With the Killing of Kirs. Maude A. King, Contend There is Not Suffi cient Evidence to Warrant the Court in Holding the Defendant for Superior Court Judge Frank I. Osborne Opens Argument in Behalf of the Accused Man and Takes Issue With the State's Experts-Solicitor Cle ment Makes the First Speech for the Prosecution. ORDER DIRECTING THE SUR RENDER OF SEIZED PAPERS (By Associated Press.) Concord. Sept. 23. Counsel for Gaston B. Means today obtained an order from Circuit Judge James L. Webb, at Gastonia, directinK that all documents seized in Mean's apartiMfnts in New York, includ ing the alleged second will of James C. King, be delivered to the Clerk of the Court of Cabarrus county. The order was signed by Gaston B. Means and Mrs. Mary C. Mel. vin as plaintiff's and directed against John Dooling of District Attor ney Swann's office in New York, and other New York officials aid ing in the prosecution of Gaston li. Means. (Br Associated Press.) Concord, Sept. 25. At the opening of the second day of the preliminary hearing of Gaston B. Meatis, charged with the murder of Mrs. Maude A. King, the defense announced in court i.at it would offer no evidence but would argue for a dismissal. The State closed its case yesterday It was announced that no habeas cor pus had been applied for. Frank Osbonre, of Charlotte, open ed the argument for the Defendant, informing Magistrate Pitts that the defence would show that the State had not established a cage on which to bind Means over on a charge of murder. After preliminaries had been announced, Mr. Osborne said it nas necessary in this case to show the character of the f?fendant.'' "I could call on your honor to tes tify to the good character of the de fendant," Mr. Osbonre said. "You have known him all. his life. He ad ded, "I ask you, therefore, to take into consideration the character of defendant in making your decision. "The State,' he declared, "has hot brought direct evidence to show that Means was connected with the death of Mrs. King. The State claims the defendant killed Mrs. King," said Osborne, "and if such a crime has been committed it calls for a charge of first degree murder." Mr. Osborne then briefly described the State's theory that Means killed the woman. He said: "The State has no direct evidence to connect the defendant wit hthe killing of Mrs. King. The State's case rests only on the statement of these experts," referring to Dr. William H. Burmeis ter of the coroners office, of Chicago, and Dr. Otto Schultze, of District At torney Swann's office, New York. Both of these men, after qualifying, gave it as their opinion that it would have been a physical impossibility for Mrs. King to have shot herself in the back of the head. Continuing, Mr. Osborne said: "The State has not shown that the pistol which killed Mrs. King was in the hands of the defendant when the woman died.' He then began to analyze the testi mony of Dr. Burmeister, taking is sue with him on his findings. "Dr. Burmeister based his whole case on the fact that he found no powder barns," Mr. Osborne claimed. "If he had found powder burns or stains he would have admitted the woman killed herself." Mr. Osborne said that "Dr. Schultze, by experiments, came to the conclusion that the woman could not have killed herself without his taking powdeT marks into considera tion. The only thing on which these experts agree is that the woman -was not accidentally shot." Ir. Osborne then began an extend ed diicussion of experiments which the State's experts made. "The theo ry of the experts that Mrs. Kins; could not have brought the pistol muzxle to bear on the spot where she was shot in the back of the head jests npon the supposition that whan the weapon was discharged she held it,, in her rifhi hand and fired in u&kttf manner.' Who told these ex perts the piste! was in the hands of (Continued en page-2.) OF THE KING CASE The Testimony of Captain Bingham and Others Taken in the Justly Cel ebrated Concord Case. (By T. C. Linn, Jr.) The afternoon session began at 2:35. Captain Bingham, who was be ing examined when the morning ses sion closed. a?ain took the stand and told about the scene at Blackwelder's spring on the night j? the death of Mrs. King. In reply to questions by .Solicitor Clement 1 said that when he heard Gaston Means call for help, he came as fast as possible to the spring. On reaching there he saw Gaston Means leaning over Mrs. King. Captain Bingham then went over to Mrs. King, could tell that she was injured, but did not see the wound. "I'd better go for a doctor," he stat ed that he said. "Put her in the automobile and take her to town," Gaston is said to havs replied. "How long did it take you to put Mrs. King into the automobile," ask ed Solicitor Clement. "I don't know", answered Captain Bingham laconically. "Seemed like about four hours." "Didn't you testify in the coroner's inxpstication that the street lights were on when you started out target practicing? questioned Mr. Clement. "I don't think 1 cm, answerea Captain Bingham. The solicitor then picked up a type written account of the coroner's inves tigation and read an excerpte in which Captain Bingham had testified tnat the street lights had been on. The counsel for the defense object ed to the question with the result that Pnntain Rincham answered it jhad been half daylight and half moonlight. Therewith he was dismissed. D. W. Andrew, night clerk at the Yadkin hotel, Salisbury, N. C, was tVion called unon. being asked by So licitor Clement whether he remem- Lared if Gaston Means ever registered at th& Yadkin hotel. He replied that he did and, upon being asked to pro duce his register, opened it and showed that Gaston B. Mes.ns and Mrs James King, both names in Means' handwriting had registered at the hotel on the night of August 18. ; "Where did they come from," asked the solicitor. "I dont know," said the clerk "no train was due at that time." "They couldn't have come from Asheville, could they," asked Mr. Cansler, for the defense. 'The train would have had to be three hours late," replied Andrew. He stated his belief that Means and Mrs. King had come to the hotel by automobile this was information giv en him by his porter. Charles Dry, next called to the stand, testified that he lived on the Concord-Gold Hill road about four miles from Concord. His house, he said, was about nine hundred feet (Continued on psge 2.) CASE AT CONCORD E OF INTERES T Difference of Opinion as the Case is Proceeding and Outcome as Viewed by the Outsider. EVIDENCE WAS TAKEN BY STATE MONDAY SITTING Solicitor Clement Made a Strong Presentation of His Case at the Hearing Before Magistrate. A report came out of Concord last night that the defense in. the Means case had applied to Judge Webb fur a writ of habeas corpus for their client. The report said that Attorney E. T. Cansler of the Means counsel had gone to Gastonia fo rthis pur pose. Later the Charlotte Observer go in touch with the Charlotte at torney and he denied that he had done any such thing, though he ad mitted that he had gone to Gastonia. Judge F. J. Osbonre, at Concord, also issued a denial to the same effect. Defense Was Taken I'na wares. After several hours of evidence the state in the Means cuse rested and court adjourned till this morn ing. The state had introduced evi dence to show the improbability of the Means story of the killing and to show sufficient cause for holding Means for the Superior court. Soli citor Clement said late in the day that he had no intention of introduc ing further evidence until another move made it advisable. He consid ered that he had offered evidence suf ficient ta show probable cause and to hold the man for trial. The unexpect ed turn of the state resting its case so unexpectedly, rather puzzled the defense and the adjournment of the court was followed by the conference of the numerous attorneys for the defense. Court House Packed. The Cabarrus county court house was packed to the roof yesterday. Men, women and children earnestly desired to get into the auditorium where Esq. C. A. Pitts was hearing the evidence which would go to bind Gaston B. Means over for trial for his life. One man was injured in the crash and women shouldered vigor. ously with members of the stronger sex to get within hearing of the court. Numerous evidence was at hand to show" that there was con siderable feeling. Much anti-Means sentiment was shown as the case was being heard, so much so that the cheering brought the magistrate to his feet to demand order and threat en the disturbers. Gaston Means sat with his numer ous attorneys and was accompanied by members of his family. Repre senting Means are the following law yers: Messrs. Osborne and Cansler, of Charlotte, Frank Armfield, of Monroe, and Messrs. Means, Cald well, Hartsell, Manus and Williams of the Concord bar. With the solid- ' tor sat the assistant district attor ney, of New York, and Attorney Gen eral Manning. Clement a Strong Force. Solicitor Clement was strong in his presentation of the case. The young solicitor was as calm as could be, simply moved along with ease and precision. He held his own with any and allcomers and moved to his pur pose as one who knew his objective and how to reach it. Many Visitors in Concord. The attorneys of neighboring towns showed their keen interest by attending the hearing. There were cars and cars parked along the main street Between the line of cars on either side the moving traffic picked its way cautiously and the pedestri ans hurried to catch the latest de velopment. If one got within the court house his exit was the signal for an interview. From Statesville, Salisbury, Albemarle and Charlotte werv many visitors. Among these many were numerous lawyers who wanted to see and hear the case at close range. Difference of Opinion. Quite naturally there were many opinions. Some thought the magis trate would hold Gaston Means, oth ers doubted it Some thought the evidence was sufficient and others ex pressed the opinion that it was (Continued on Page 2.) I . "THE BEST I HAVE, I GIVE TO YOU" MEANS BOUND OVER TO THE GRAND JURY WILLIAMS I PUT Concord, Sept. 25-The defense in the case of Gas ton B. Means consented this afternoon to having Means bound over to the Grand Jury. ARGENTINE BREAKS WITH GERMANY 10 DEATH TODAY Iredel! Negro Who Shot and Kill ed a Deputy Sheriff Was Elec trocuted This Morning. GERMANS ACTIV E NORTH OF VERDUN RESPITE WAS GIVEN TO REPAIR THE MACHINERY Buenos Aires, Sept. 25. -The Chamber of Deputies today voted in favor of a rupture with Germany. TOBACCO FOR THE " AMERICAN SOLDIERS Iris Theatre Will Collect Funds and Send to the American Soldiers To bacco Fund Money Placed in Jar at Theatre Will go to Buying Smokes for Soldiers. The Iris theatre has a jar out in front of the. show house ifito which contributions may be made for the campaign to send tobacco to the men in the trenches. All overd the land this campaign is being waged. The money is used to buy cigarettes, to bacco, pipes and chewing tobacco to be sent to the American soldiers in the trenches. The American soldiers wjll soon be in the trenches and the "smokes" bring' much cheer and com fort to the men. The tobaccos are bought in a large wholesale way anl 25 cents sent to the buying organiia-" tion buys 45 cents worth of tobacco. Those who wish to make "a contri bution to this cause may do so by dropping the money into..the jar a' the Iris. The money thus contributed will be taken care of by the theatrs and porperly forwarded to the proper persons and used to buy tobacco for the American soldiers. RED CROSS MEETING. There will be a meeting of the lo cal chapter of the Red Cross tonight at 8 o'clock in the Community Build ing. All members are urged to be present. Previous to That the Negro Had Been Given a Respite in Or der to Seek Pardon. (By Associuted Tress.) Raliegh, Sept. 25. Charlie Wil liams, a negro convicted of having killed a deputy sheriff of Iredell coun ty whj was attempting to arrest him last June, was electrocuted in the state prison here thiH morning. The negro hud been Given a respite by Governor Birkett in order to give the authorities time to repair a defect in the machinery ' at the prison. Pre vious to this he had been given a lit tle time by the governor in order that he might have time to prepare fur ther defense in his case. Accident Postpones Execution. Raleigh, Sept. 24. An accident to the powerful dynamo that supplies the current for the electric chair in the death chamber o fthe state's pris on this morning had the effect of ne cessitating a 24-hour respite for Charlie Williams, the Iredell county negro doomed to die for fatally shoot ing a deputy sheriff in that county. It was when the dynamo started up this morning to test it out for the electrocution, which was to take rlnce about 10.30 o'clock that a vi tal part of the apparatus was burned out nnd it was feared that it would not be upossible to repair the dam age in time for electrocution today; hence the appeal to Governor Bickett for a respite. However the damage was all repaired before noon and all is in thorough readiness for tomor row, according to the prison authori ties. Williams had already benefitted by a ten days' respits that was obtain ed from Governor Bickett at the in stance of negro, ministers who be came interested in the prisoner and wanted to undertake to make out a case that would justify the governor in commuting the sentence to life imprisonment. This fell through, however, and there is no indication that there will be any interruption In the electrocution Tuesday morning. Case of Local Interest. ' Charlie Williamj is the negro who several months ago shot and killed Deputy Sheriff John Miller, of Iredell county near Mooresville when the of ficer went to serve a warrant on him for some trival offense. He was caught after an all day and night man hunt in which Sheriff Krider and oth er Rowan officers participated. Be was tried at Statesville, convicted and sentenced to death, but was ranted a respite in order that friends might Guns Are Still Bombarding Gen eral Fetain's Chaume Wood Po sitionOther Attacks Made. GREAT DEAL OF ARTILLERY WORK ON BRITISH FRONT Surprise Aetack Is Made On British Post Northeast of the City of Lens, But Repulsed. (By, Associated Press.) The double air raid on England by by German Zeppelins and airplanes lost night resulted in the death of fifteen persons and the injury of more than seventy. Nearly all of the cas ualties were caused by airplane divis ion, two machines of which reached London. The bombs of the air plane feet accounted for all of the killed and all but three of the injured according to official report toy. On the French front in Northern Franc" the Germans are keepintr up the activity notr of Verdun. Their guns are still bombarding General I'etain's Chaume wood position where the German infantry attacked yes terday but failed to drive the French from any portion of their line. A new attack was delivered lest night in the Beaumont region to the south cast of Chaume wood' and in this li quid fjre was employed by the Crown Pritce's troops. Here they again failed to gain ground and suffered heavy loss from the French fire. The British front has quieted down considerably from the state of mark activity prevailing for a week or more. Nevertheless a great deal of artillery work is in progress, notably in Klander and London mentions es pecially the energy being displayed by the German guns north and east of Ypres. Further south in the Lens region a surprise attack has been made on the British post northeast of the city of Lens and was repulsed, while on the Somme front the British raided a trench. Liquid Fire Attacks Repulsed. Paris, Sept. 25, Liquid fire was used by the Germans in their attack on the French on the Beaumont line front last night The attack was rt. pulsed with a heavy loss to the Ger mans. This was announced in the days official announcement. Mr. William Wallace, of the 4th compmy Coast Artillery, is in the city, having been called to Thomaa ville on account of the critical illness of his sister. Mr. Wallace cam to Salisbury this afternoon for a brief stay, intercede in his behalf, and the date of execution advanced to September 24th. Monday an accident to the electric apparatus in the death cham ber delayed the execution until today. 300 MORE MEN AR E 10 BE EXAMINED I Local Exemption Board Makes Third" Call on Rowan Men for Physical Examination Army MUST REPORT THURSDAY, FRIDAY AND SATURDAY One Thousand and Two Had Pre viously Been Called, This Mak ing a Total of 1,302. The local exemption board for the new national army has issued a call fo rthree hundred more men from Rowan to present themselves for phy sical examination. One hundred of these to appear at the Federal build ing September 27th, one hundred September 28th and one hundred Sep tember 2iKh, this being Thursday, Friday and Saturday of this week. In the two previous examinations one thousand and two men have been examined and this call totals one thousand, three hundred and two,-out of three thousand five hundred reg istered June 5th. The following is u list of those called for this week, the star In front of name indicat ing colored. Aaion D. Thompson, 215 N. Jackson St., Salisbury, N. , Ed-jar f. R. Trexler, R8, Salisbury, N. C. William Ransom, 82H E. Morris St., Sa'isbin-y, N: C. Charlie Hargrave, E. Spencer N. C Walter Hope Spry, Glass, N. C. Calvin Smith, R. 4, Salisbury, N. C. Columbus A. Bruton, Salisbury, N. C. Maurice E. Miller, 130 W. Mender !on St., Salisbury, N. C. , Adam M. VannJdoro, R, Salisbu ry. N. C. I Wade Stephen Bost; Rl, Salisbury, N. C. i Luther Mack Overcash, .China Grove, N: C. Junius Tracy, Dorset Town, Spsn ter, N. C. Everett L. Kritzer, 405 Carolina Ave,, fencer, N. C. Charles G. Saba, 318 N. Main St., Salisbury, N. C. Frank Lyerly, Cleveland, N. C, H. II. Rink, 110 E. Bank St., Sal isbury, N. C. Chas A. Peck, 503 Hill St., Salii bruy, N. C. V Walter Mitchell Rodgers, disss, S. C. David 7,. Hoffr.er, R9, Salisbury, N. C. , George Randle, Granite Qurry, N. C. Guy Preston Karriker, Mooresville, N. C. Earl Mason, 527 E. Henderson St., -Salisbury, N. C. D.vid Walker, 311 N. Church S., Salisbury, N. C. Burley Davis Shoe, Rockwell, N. C, Thomas Lee Sides, 131 E, Fisher St., Salisbury, N. C. , James Parker Gardner, R2, Barber, tf. C. Verna E. Lane, Long St, E. Spen cer, N. C. John Thomas Morrison, Landis, N. C Claude Logan, 20 Cooper St., Sal isbury N. C. Earl Fox China Grove, N. C. William Ratnsey Culbertson, Wood leaf, N. . George Franklin Bostian, China Grove, N. C. Henry Adam Morris, China Grove, ' N. C. P. Farnest Clik, Woodleaf, N. C. John Wm. Bringle, Granite Quar ry, N. Q. Richard Fuller Hamilton, Rl, Sal isbury, N. C. Luther Ernest Little, Cleveland, N. C. Junior S. Phelpa, E. Horah St., Sal isbury, N. C. J. Clark Morris, Granite Quarry, N. C. Earl Council Goodman, N. Church St., Salisbury, N. C. P. Price Surratt, 4th St, Spencer, N. C. Maurice Hurman Rickmond, 309 W. Council St.,,Salisubry, N. C. James S. Myers, SI Park Ave., Sal isbury, N. C. Charlie S. Sheets 519 N. Shaver St Salisbury, N. C. John Wm. Pethel, Kannapolis, N. C. John White Menius, R3, Salisbury, N. C. - Richard H. Pence, R2, Salisbury, N. C John A. Beaver, Kannapolis, N. C Charley B. Sharp, Vance Mill, Sal isbury, N. C. Clarence Eddleman, R8, Salisbury, N. C. . Lewis G. Rainey, Empire Hotel, Salislwiy, N. ' s ' ," , Charlie B. Fisher, ; R8,' Salisbury, N; C. :...--'..':. ' Sidney O. Sowers, 200 W. Lafayette St., Salisubry, N. C ' (Continued on, Psjre 5.) . t V.:
Salisbury Evening Post (Salisbury, N.C.)
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Sept. 25, 1917, edition 1
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