Newspapers / Salisbury Evening Post (Salisbury, … / Oct. 9, 1917, edition 1 / Page 1
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WEATHER FORECAST Cloudy, cooler and probably rain in east. MEMBER OF THE ASSOCIATED PRESS ONE EDITION 2 CENTS VOL. 1.1, NO. 237. 8ALISRURY, NORTH CAROLINA, TUKSDAY, IKTOHEH, . 1JM7. ', PRICE TWO CENTS GERMAN S PMPARIMG ANOTHER r mm Tr?i7?Tr?iM BRITISH AND FRENCH OPEN A NEW OFFENSIVE TO THE EAST TT? A PIT? H I III I I I Ml . I I ' I I I -1 in f H ll i in ll. I filial Maaaaa ssissjsssBsesssi bbb" a . , . J r. ' , ARGENTINA WILL BRITISH AND FREI1CII NOT BREAK NOW LAUNCH ANOTHER sa am m a hbmbmb sjssssi HhAVY UKM: JUDGE CLINE RULES AGAINST PLAINTIFFS IN MEANS CASE, WITH DEFENDANT DOOLING Motion of Gaston B. Means' Attorneys to Perpetually Enjoin Dooling from Carrying and Removing from the State Certain Papers Seized in Means' New York Apartments is Denied-Motion to Order New York Authorities to Return Papers to North Carolina is Also Denled-Defendants Are Non-Resident Witness es and Exempt from Service Ought Not be Difficult to Formulate an Acceptable Plan for the Transmis sion of All These Documents, Judge Cline Says in Closing. Judge Cline today at noon handed down his decisions in the case in which Gaston B. Means and Mr3. Mary Melvin, plaintiffs, sought to prevent John T. Dooling and other New York officials as defendants from further keeping in their pos session certain papers and documents seized in the apartments of Gas ton B. Means in New York. On every point Judge Cline ruled with the de fendants who were represented b Solicitor Hayden Clement. The full decision of the court is as follows: NOBT CAROLINA, CABERRUS COUNTY. IN THE SUPERIOR COURT. Gaston B. Means and Mary C. Melvin, Plaintiffs, VS ' John Dooling, John Cuniff, Wm. J. Jcnes, Otto Schultze, W. T. Jones and C. B. Ambroe, Defendants. ORDER. This cause came on to be heard and was heard before His Honor E. B. Cline, Judge holding the Courts of the Fifteenth Judicial district, at Sal isbury on the 8th day of October, 1917, upon the order of Judge Webb made at Gastonia on the 24th day of September, 1917, directing the defendants to appear at the aforesaid time and place and show cause why they should not be per manently restrained from removing certain documents, letters and papers from the jurisdiction of the Superior Court of Cabarrus county, and why they should not be required to depos it them with the Clerk of said Court for safe keeping until the further or der of said Court, and why the plain tiffs should not be permitted to in spect and take copies of the same. The defendants had in the meantime been directed by Judge Webb in said or der to surrender up to said Court for safe keeping all documents, papers and letters referred to in plaintiff's affidavit and ' complaint then in the possession of the defendants, or any of them, in Concord Cabarrus county, and especially a paper writing pur porting to be the last will of James C. King, deceased. The defendants were all then, and still are non-residents of North Carolina, but were at the time personally present in Concord in attendance upon the ' preliminary hearing before a. Justice of the Peace of the case of the State vs Gaston B. Means, charged with the murder bf Maude A. King, deceased, this at the instance and solicitation of the Hon orable Hayden Clement, solicitor of the Fifteenth District. The sheriff made service upon each of the de fendants and a return stating that such papeTS as he were under the con trol of the Solicitor and the Attorney General of North Carolina to be used in the above mentioned hearing. Before the undersigned Judge at Salisbury on the return day of the or- j der the defendants, through counsel, entered a special appearance in writ ing, and moved to set aside the service of summons and dismia the action' and to vacate and set aside the re-! straining order, filing an affidavit in ' support thereof. The Court tempora lly overruled this motion and the de fendants excepting and not waiving such exception filed their answer ver ified, and the plaintiffs filed a number of affidavits, all of which pipers appeal on record. - " , . As to the paper-veriting purporting to be the Will of James C 'King, de ceased, it is found as a fact from he evidence -that it was never brought by any of tie defendants to this state, or within the jurisdiction .of this Court and that matter may be so dis missed without further comment. As to the documents, papers and letters mentioned in plaintiffs cont plaint as having been taken from the private apartment of Gaston B. Means in New York City, ft is impossible to find and say :hether or not any pa pers taken from said apartment were in fact brought to this State, except a few left in the possession of the so licitor, and now lodged for safe keep ing with the Clerk of the Superior Court of Rowan county, subject to ex amination and copy. There is no ev idence that any of the defendants had possession at any time or any sucnef papers or had in control therof, ex cept such as directs itself to the de fendant, John T. Dooling. The affi davits of the plaintiffs show that he brought to Concord and carried away with him a Telescope like unto one testified to by Henry Deutsch as hav ing been carried (away from .New York apartments of Gaston B. Means ,by said Dooling and his assistants on September 11th, 1917, containing files of papers, the property of said Means. Apparently said Dooling was very careful of this telescope, but -not having denied that it contained seized papersand no other persons having seen its contents, the Court cannot determine what in fact they were. However, this may be, that part of the order before the under signed directs the defendants to show cause "why they should not be per manently , restrained from removing and why they should not be required to deposit" documents which If once here have long since been removed from the State leaving nothing upon which it can operate. There was much discussion of the lawfulness or unlawfulness of the seizure by the District Attorney's office of the pa pers left by Gaston B. Means in his apartments at 1155 Park Avenue New York City. Suffice it to say here that it appears to have been done under color of legal authority and this Court giving proper faith and credit to the acts and orders of the Courts of another State ought not to presume the procedure in the District Attor ney' office to be unlawful but the contrary. The defendant, Dooling, is his assistant and so a New York pro secuting attorney. He swears, and the Court finds, that he came to Con- continued on Page 8.) Red Cross The., Red Cross Bazaar opens tomorrow evening, and will con tinue for two days. The ladies have been exceedingly busy for two weeks and have le't nothing undone in theii work to perfect an organization which will assure a big success. Many things will be offered for sale, things that the house wives need, that people in gener al need and every dollar goes to the Local Red Crdss. The ladies will alio serve lunches to the business ment. Families and in dividulas will want to buy tlieir meals here a portion of the time, , The ' Loca 1 Chapter of ,the American Red Cross wants a thousand members, too. Rowan ought to contribute from one "o three thousand members to , the. Red Cross. " --: "V -Be tore' and make your plans to help the Red Cross. Buy lib erally and make generous dona tions. Help them to .'make a thousand dollars.-. It Is for the great cause in which every man and" woman has a vital interest. f I a m m m. 'sC, f fe JP lg j AND "THIS IS A RIGHTEOUS WAR) RIGHTEOUS WAR MUST BE WON." CHICAGO-NEW YORK ; BALL GAME POSTPONED 1 1 ' - v. : ., v' (By Associated Press.) "... f V , . New York. Oct --Postponement of the third of the world's series of baseball games was announced by the national commission at 12:36 this afternoon. The games scheduled for today and tomorrow will be played at the Polo grounds Wednesday and Thursday. f 15,000 Braved Weather. New York. Oct. 9. A heavy down pour of rain came out of the North west this morning with no promise of cessation and caused a postpone ment of the third of the world's se ries games between New York and Chicago. Fifteen thousand spectators of the kind whose courage the two defeats of the National league cham pions did not diminish braved, the stoiy day and were a disappointed lot when shortly before one o'clock the official announcement megaphonH the news that the game had been postponed to tomorrow. Friday's game at Chicago will be ' moved up to Saturday and in case a sixth game is necessary it will be played at the Polo grounds as origi nally arranged, Monday, October 15. CAMP JACKSON MEN BE TRANSFERRED Sufficient Numbers to Be Remov ed to Fill Up National Guard Divisions in Far South. ALSO TO PROVIDE FOB DIVISION NEOBO TROOPS Remaining Men at Three South ern Camps Will Be Consolidat ed in Division. (By Associated Press.) Washington, Oct. 9. Redistribution of" the forces in the national army canton mera in the South, Middle West and East has been ordered by the War Department in order to filll up three National Guard divisions in the Southern states to war strength and provide for th wi'.ation of an additional national army1 division composed of negro troops. , The National Guard divisions to be filled up are- the 30th, Slst and 3t. all composed. ot troops from the far Southern states. e . Drafted men from the national ar my cantonment at Camp Jtck.Vjn, A PEACE OFFER IS BEING MADE Learned On Good Authority by a Berlin Paper That Germany and Austria Are Beady. AGREE THAT THERE BE NO INDEMNITY OB TERRITORY Belgium and France to Be Re linquished by the Central Pow ers as Basis of Peace. (By Ascociated Press.) Amsterdam, Oct. 8. Germany and Austria have agreed to make anoth er peace offer to the allies, according to the Outcheertagas Zeitung, of Ber lin, which says it learns this on what is considered the best authority. V .The offer will "have as its basis an agreement that there be no territo rial aggrandizement the 'surrender of jBelgium and Northern France, the renonniciatioii positively -of any indemnity to be paid by either side and no acquisition, by either. ; camps will be transferred to fill the gaps. . The remaining men at ' the three camps will be consolidated at Camp Jackson to compose one. na- Columbia, S. C, and other Southern 'tional army division.-;- Public Is Cordially Invited to 1- tend the Bally at Community Building Wednesday Evening CAMERON MORRISON TO DELIVER THE ADDRESS This Patriotic Rally Will Former, ly Open the Big Bed Cross Bazaar to Open. A great deal of Interest is being manifested in the patriotic mass meeting given under the auslpces of the Salisbury iRed Cross at the Com munity Building tomorrow evening at 8 o'clock. Those who have this affair in charge are hoping to make it one of the most significant gath erings ot its kind ever held in the city. Hon. Cameron Morrison, the speaker on this occasion, is by far one of the most eloquent and fluent speakers in the State and he is fast gaining a reputaion as a man of un usual ability and the people of Salis bury will enjoy a great treat when they hea rhim. The meeting tomor row evening is everybody's meeting, young and old, and the following program will certainly interest ev ery one: Presiding Rev. W. W. Way, chairman Salisbury Red Cross. Song America. Address--The Civilian Relief Work of the Red Cross, Prof. T. W. An drews, Supt of Public Schools. Vocal Solo Selected Mrs. H. J. Knebel. Remarks By Mayor W. H. Wood son. Patriotic Address Hon. Cameron Morrison, Charlotte, N. C. Vocal Solo Selected Mrs. H. J. KnebeL Closing Prayer Rev. W. A. Um beth, pastor First Methodist char;h. The Red Cross Bazaar will be in readiness for the ' opening in the Washington Building-'Immediately following the close of the patriotic meeting, and every one should attend this bazaar. ! The regular meeting of the Salis bury Chapter of the iRed Cross will be held this evening at 8 o'clock in the Community Building. A11 intm bers are urged to be present. Some very interesting reports will he n.ade regarding the work. Foreign Minister Announces That Argentina Is Not Prepared now to Break With Germany. WILL NOT UNLESS GERMANY REFUSES TO ACT RIGHTLY The Government Is 1 Seeking' io Protect Own Interest and In- terest of the People. (By Associated Prsss.) Buenos Aires, Oct. Ths Argen tinian government is not prepared to follow the action of Uragjay in scv ring diplomatic relations Hh Ger many says the minister of . foreign afalrs for Argentina. Arntlna Is not prepared to announce a Plurali ty, but Is'eeklng ta ' MifeBjttard Her own intesest. Relations 1 will not be broker if Germany will re.'Opifoio the Argentina flag and respact the rights of the nation and the people, at. I if not relations will bt prom, tly brt ken off.' . . f - 1 1 ' Count Von Luxburg Still In Argen- . tins. ; ' Buenos Aires, Oct, 8. Officials to day admitted that Count Karl von Luxburg, the former German minis ter to Argentina! i tilt to the coun try. His exact location, was not made known. . '''ySQx1': The admission .wss forthcoming when it was . learned i' today thai search b a 'B'rjjtlsli' cruiser of aW jit waroV bound Spanish stsamsf , hai. failed to locate V Von Luxburg, who was supposed to have taken passage on the steamer last Friday and sail ed from Montevideo. British Pushing, Germans Back. ', British Front in France and Belgi um. Oct 9. ( By Associated Press.) The British have pushed back, the Germans through 1'eelchapelle and are fighting in . the eastern outskirts of the cty about ft large brewery j Just north of Broodsoinde at.Dalsy wood the Germans held out strongly but the British surrounded the wood and a hot fight followed. At many places the French, and British ,' ad vanced to a depth of 1,200 yards or more, .--x The British troops on the Graven staftel ridge advanced to Passchen daele ridge and rested 1,000 yards southwest of the town. The French crossed the Jansbeek and Browhbeek rivers. PROBING ST. PAUL SPEECH, i Chairman Pomercite of the Lafollette Committee, Confers With President Wilson and Secretary Lansing, - ' (By Associated Press.) -. Washington. . Oct 0. Chairman Pomerene of the Senate committee inveiUcatlnr Senator Lafollette a St Paul speech conferred with President Wilaon and Secretary Lansing today gathering material for examing into Senator tafollette's statement that former Hcretary of State W, J. Bry an, having xnowieoge or an ammu nition cargo on the Lusitania on its last voyage, urged President Wilson to keep Americans off the ship. All facts in the State Department's Ion ' relatlmr to the shin and cargo will be placed before the in vestigation committee without. re serve. Senator Pomerene was. assur ed. . ' - With Utter Disregard to Weather i Conditions Allies Are Striking Hard at the Germans. GERMAN COMMUNICATING LINE COMMANDED BY GUNS German Morale On the Flanders Front Has Notably Deterioated Counter Attacks Infrequent, . , (By Associated Press.) v. London, Oct S-The British at tacked the German line oh a wide front In Belgium to - the east end northeast of Ypres early today, Fluid Martfial Hslg reports sstiafsctorr progress made and says the attack was made in conjunction with the al lies of Great Briuln. Mr. J. M. Peeler went to Albemarle this morning to 'attend a civil terni of Stanly Supreior court to.' which he has a case pending. Judge B. F. Long of Statesville is presiding. ANOTHER LOAN TO ;. The United States) Today Fake An ;W Loan to the Allies Bringing Total ta More Than Twe and Half Billioa Doltera. - ; ; - (By. Associated Press.) ' Washington, Oct . An addition al loan of $4,000,000 each to Grat BriUin and France was made by the government today. '. With this transaction the tottl loan ed to the allies by the United States is 12,613,400,000. , :j With utter disregard to the weather conditions end surprisingly1 short time ' following the. successful offensive of , last week, the British and French r- t mies in Belgium have launched an other heavy offensive to the east and northeast 'Of; Ypres on the German -The blow fell early in the day botl . ta the east and north east of Ypres, i whert i the Crown : Prince's ; Jins has already been dangerously bent back fy' the terrific Jbwsts; f the -mt , Week, i . w'' - ' V '. "The (British ,? commander reported - early that lie had made latlsfactory progress on ail parts of the ; front and that the attack had been made "in conjunction with our allies on our left." : ; ?: i ' ;f ? yh f-v' Mi! Shortly, after this the official an- . nouncement was made and indicated that the allie referred, to on the 'eft was tne rencn army, iney launtn- ed an attack ; in , concert with, the British . and : favorable developments of the attack are' reported. A consid erable number of French troops took part in the beginning of th Fland-1 ers fight July Slst and in subsequent fighting that consolidated the ground won by them from the: point north east cf Langemarck as far north as Dixmude. This section of the front remained comparatively quiet .while the Brtish to the south were renew-'' ing the drive last month, Apparent ly the; time Js now considered oppor tune to bring the line to the north more nearly on a level with the ad vance of the British : front i The French attacks extended as far east as Houtholst forest about five miles toward the coast of Buixschoote. It has been pointed; out that with the salient , parts of v Passendaele Ghelovelt ridge In their 'hands ,aa a ' result of the successes of last week ' the British are in admirable position to push further east toward the Men-in-lHwelers railway; line. f This inval uable line of conimunicatidn for the Germans : between . the bases in southwest v Belgium and northern France and their Beligan coast post '. is already , commanded - by Brtiish guns, and the renewed push in indi cation that this line is only about five and a half miles distant from the point of the British wedge at BrOon Numerous "indications have been . found,, according to reports from ' Flanders . front, v - that the German -morale in this sector had notably de terioated. under the crushing blow of the British and their overwhelming artillery superiority. Lack " of the ' former vigor in the German counter attacks and their comparative infra quency is cited In coroboration of -this, - The theory is suggested, de- -spite unfavorable weather conditions, that Field Marshal Haig has decid ed to hit the Germans another hard , blow whift-they are still scattered from the. effects of last. Week's defeut , and shake their further already pre carious hold on the Western Belgium to the point where they; will be com pelled to let go. , , ' : ( There are to the .. United States near- 25,500,000 natives of Germany, and. more than 12.000,000 persons vt German decent .. . The frontier line between CaniCa and the United States Is the only "undefended", frontier in the world.
Salisbury Evening Post (Salisbury, N.C.)
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Oct. 9, 1917, edition 1
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