WASHINGTON, NORTH CAROLINA. MONDAY AFTERNOON. MAY 16, 191#
' :
jorsiiiL mmm im
Have Been Considering tho Murder Ca.e Since Satur
day Afternoon? Charge ?f the Coyrt in Full.
Id the Dally News of Saturday waa
given thy evidence In the caae of
State vs. Carl Kblly for the murder
of Samuel Tayloe, which has been go
ing ba since laut Wednesday auc
noon. *z" ' i - ^7*'.
The Jary trna given the caae Satur
day afternoon after the argument of
counael and a mo?t careful and learn
ed charge from the court. All Sat- 1
urday afternoon and night the jurj
deliberated without coming to a eo^
elusion. Saturday night Governor
Kitchen was wh-ed by Judge Fergu
?on aaklng for .an extension of time
for the- adjournment of fhe special
term of court. Thta Wjw granted.
Yesterday the jury asked for addi
tional instructions from the court,
which waa cheerfully given. At this
time the counael for the prisoner
Kelly asked that the defendant be
dlacharged on the ground that the
apeclal term of court for the trial of
hie cauae ended at ll o'clock Satur
day night. The motion was o^er
ruled and the defendant excepted.
All day Sunday the Jury deliberated
?without a verdict. Many surmises
were made as to the outcome. Quite
n number gave out the Information
as to how they stood on the matter,
all of which was hearsay. No~one
outside of the Jurpresthemselves are
Informed.
Sunday night the Jury iras called
Into the box and inquiry made ma te
whether or - not they had agreed.
When they beplled In the negative
and in consequence of the order from
the Governor allowing the Judge to
extend the time for *the court ad
journment, Judge Ferguaon stated
that he woald still bold the Jury to
gether. This morning at 10 o'clock
the Judgs recharged the Jury as to
their duties, defining to then* the law
governing homicldea, etc. They again
retired and up fo the hour of going
to preee have not reached a conclu
aloa as to the guilt or Innocence of
. the defendant . Kelly.
.Judge MRguaon waa due to open
? court at 8*ah Quarter thla morning
but on account of the Jury being
tide up on thla- caae the aheriff of
that county was notified by phone to
postpone the aeaalon of Hyde court
from 'day to day.
- For U? .rfjtfc. D?ily ??,
mhn the chut* 'or Judge Burle
son Is given In (fill below. He said:
Gentlemen of the Jury:
You hate 'been cloerlj confined
and encased -4a hearing the evidence
and the argnme^tf, which have been
made by counael. Tou bare given
the caae cloae attention andjl have
obeerVed that Ton . I let en ed cloeely
and attentively to all the asaacbee,
both (or the State and (or the prla
oner; and-yom have doiibtleae been
greatly aided by the argument, of
couniel, for I have seldom' oaen a ?u
so ably aad wall conducted, both til
hrto*la? ont the 1 1 ? 1 1 pff i and In}
the arguemtne. of ceunaU. aa thla
caae haa been. The court U greatly
aided by the argument* at counael.
but after w* have ail the aaatatance
which we can (at, the responsibility
raata upon the Jury t? find tie facta
from the evidence',; and upon the
oonrt to lay down the tulea pit. law to
which the J HIT ahall apply the facta
aad declare the roault acocrdlng to
their conviction. ,
The prisoner atanda charted, with
the murder af 8am Tayl6e. Homi
cide la tbe .slaying of oca reasonable
creature la being by another, or
where onMn takes the life of an
other It 1 , either feloaloua or not
fetWdoiu. Felonious homicide la di
vided into Murder In the feat degre*.
murder Ih the aecood detrae aad
manslaughter. Uomlcldee Which are
not felooloue are either Jnatlllable of
eicuaahle.
Harder la the drat degree la a mur
der Which ahall ba perpetrated by
mean* of polaoo, lying In wait, Im
prlasamriSt, itarving, torture, or by
aay other hind of wilful, deliberate
and premeditated kitting which (hall
be committed. In the perpetratloa or
attempt t ? perpetrate any arson,
rape, robHery, burglary or other fel
ony. ahall be murder In the drat de
gree aad ahall be punished with
death. All other kinds of murder'
?kail be deemed murder In the -eec
odd degree aad ehall be punished
with Imprisonment for not leee than
1 yean nor more than It yearn la
the State's prison. Where it la prov
ed or admitted that tbe person took
lie Hie of tbe deceased With a deadly
' weapon, nothing alee appearing, It
1* murder In the eeoond degree; and
be who would roduce the offense
from murder In the seooiid degree
muat establish by . the evldeace to
the satisfaction of the Jury the facts
which mitigate the offense to man
slaughter or Justlflee or excuses the
act altogether. This he mar do from
the evidence which the State offers
or from that which he offers Himself,
or by both, for it la nt>on the whole
evidence the Jury find the facta. He
la not required to establish the facta
which reduce the verdict to man
slaughter or ezcncea or J aa titles the
act bfrond a- reasonable doubt, but
to prove facta to the satisfaction of
the Jury. And tt the Jury are not
satisfied aa to the mitigating or ex
cusing facts, It Is their duty to return
a verdict of murder In the second
degree. ?*
Murder Is defined by the law books
to be- the felonlott* slaying of a rea
sonable creature rt being, with mal
ice aforethought.' That la that he
hated him in the times past, or from
a malignity of hear); one la regard
leas of social duty and, fatally bent on
mischief. and.t<the ^killing with a
deadly weapon ralaefl- this presump
tion of msllce and ahlfta the burden
to the defendant to satisfy the Jury
of thtf mitigating circumstances.
This rule^of law is^but the rule of
common sense 'applied to every day
transactions. When person is
charged wjth doing thta which is out
of the normal or' ordinary, the ques
tion is af once asked by the inqnir
!ng mind, is that so? andfct)m burden
of the one who asserts this proposi
tion* Is to satiafy the mind of the in
quirer by the proof of -the charge or
statement; and then the mtnd neut
rally Inquires why did .be do it? 80
that when one is charged wtth mur
der and it la proven or admitted; and
I say when proven. 1 mean proven be
yond a reasons ble doubt; or admitted
by the party charged that he slew
the deceased with s deadly weapon,
the law aaks of him why he did It.
and. unless lie ?an .satiafy the Jury
from the evidence sufcto facts as will
mitigate the offense to manalaughter
or, excuses the act, it ia the duty of
tbe Jury to i%turn a verldect of mur
8er In the second degree.
imt to tonatitut?.,jniifder Lg the I
ttrat deftw, tt- darolvea upon ? He
SUU to Mttefy lb. Jury from tbe evi
dence. beyond a* rnaop*M*tyoubt,
that It ?u 4ellbirmtrV?i*>tr?<t?111
tated murder, that tbe part; accused
and who did the ?laying meditated
upon, tbe act deliberately, formed the
derfga-to tatfe the l)r? adver
aari- and did ao In' carrying ant (hat
ptirpoer and deelgn. There la ao
length of time !ye?ulrwd for tbe pre
meditation and deliberation, provid
ed the determination to klH become,
after thinking It oyer? a deliberate
purpose aad before the act of killing,
and la puranlt of that parpoee be
tahge tbe life of hla. adyeraary. bow
eVer abort that time may he between
the forming of the purpoae aad de
elgn and the act of taking tbe life.
But V ike parpoee -te kill and the act
of killing arr tlmuiUneoui. then It
la sot murder la the Brat degree, but
murder la the eecond degree..
Manslaughter la the felonloue
?laying of a reaeonable creature In
being, wltMut malice; aa where two
peraona, apM a aadden quarrel, en
ter lfta * ??tn?l combat upon equal
term,. iU IB the beat of tbe combat
they draw Weapon, and one takoi the
life of thd other .without adekiag and
taking g?t undue advantage, the taw
attribute the a laying- to the frailty
of tha.bvriat mlad had the fury of
the paaalog, and, oat of Ua lefileacy.
mltlgaiea the hot of, auelaughter.
Juatlflable homicide la where eae,
who la wltkoat fault at the tlgte, I*
assaulted by dfe who manifestly la
tends to take his life ^r do him enor
mous bodily hand, and. In order to
save himself from death or enormous
bodily harm, be slays bis assailant;
aad It is Juetllable homicide in self
defense and he is not guilty of any
thing. ?
The law preaumee every man to be
sane until the contrary appears, but
If Insanity Is ouoe establlahe^by. tbe
proof, then the law presumes that
that condition continues to exist un
til tbe sanity of the party is restored
and made to appear. ^
In this oaee it la admitted by tbe
prisoner that he shot a*d killed the
deeeaeed with a deadly weapon, to
wit. a pistol; and t)*e burden shifts to
blm to satisfy tbe Jury that it was
done la a necessary self-defense or at
such facts as will asanas himsfrom
tbe act, of under sdctf' circumstances
as will mitigate the offense to man
daughter. And U be falls. In either
of these, or all of them I should say.
la other, words. If be falls to Show
facts which will excuse or Justify the
act, or falls to Show facts aad cir
cumstances which will mitigate the
offense to manslaughter to tho satis
faction of the Jury; then tbe Jnfy^n
tbe admitted fact that he slew him
wjtb a pistol must return a verdict of
murder In tbe second degree; unless
ABB RBCOGNMKD AS THE ?T*NT>ABD IN CORSETS, fr IB
THE GRACEFUL LIME8 TDK OIV* THAT MAKES, THBM
MO?T WANTED ? A FULL LINE NOW ON tJAK*/ "4 . X*
'*?< > : - -ti*r . ' ? t. vir-'w'-i < fc-'t .?4 im. t.'fl- .* > ? i
a ? >? .
the State hu satisfied you beyond ?
reasonable doubt that the killing w*
deliberate and premedlUUd. If so
it will be your duty to return s *er
dict of murder in the first decree.
The .primer contend* that he war
insane;. that is that he didn't hart
au Sclent mental capacity to be re
sponsible to the law for the act ol
killing. And I charge you that if
the prisoner, at the time he cgsnmR
tod the homicide, was In such a Mat*
| to comprehend, his relation with oth
jer persons, to know of the-act snd.ltr
criminal character, or In other word
If he was conscious of doing wrong
at the time he committed the homi
olde. be Is responsible. But If. or
the contrary, the person was undei
the visitation of God and could not
distinguish between good and evil
and did not know what he did. he I*
not guilty of any offense against the
law, for guilt srlses from the mlnf
and wicked will. Persons who art
acquainted with the person and knew
him previous to and at the time of
the homicide may give their opinion
as .to the condition of his mtnd,
whether he be sane or not, and state
the facts upon which they base their
opinion, so that the Jury may judge
of the weight of their opinions. Thoec
who are learned in the medical pro
fession may give, thdlr opinion as
medical experts. But after the Jury
hare heard the opinion of. the wit
nesses, those WHo are not experts,
and who give their wptnlon from tfcs'.r
observation and associations with the
prisoner, state such facts as they may
rely upon them for their, Opinion, and
the opinion of the medical experts,
still It Is for the Jury to say what Is
he ewlght of their opinion, to say
whether they are satisfied that the
prisoner was insane at tile time. The
prisoner contends that he was insane
at the. time he committed the act;
and the testimony of witnesses who
did not know the prisoner and had
hevdr seen him prior to the commis
sion of the act, but have seen him
since the act was committed, have
been permitted to testify to you as to
what their opinion was at the time
they saw him after the commission of
the set. In order that you msy be
aided in terming, your opinion as to
the vattue of the tMjimony, sosse of
tho witnesses frbe-havi testified and
who stated that he Is In sn Insane
condition since or worss than he was
before. But t{ie fact that he Is san?
now doesn't disprove ths Jact that he
was insane ?t tbet.lnjethe act was
committed. Ida the only evidence
rfor you to. consider with the other
testlmoay and In relation with the
evidence of the witnesses.
The prisoner contends that the act
which he kitting was In Wa
necessary eel {-defense, a deceeelty
Which he didn't bring shout and for,
which. he war not responsible. He
contends that he ha4 t>ffer?5 BtU
dence, which he Insists that you
ought to believe, that he went to the
house of Lillian Gray not with any
malice or purpose to have any trou
ble with the decased; that when he
found the deceased there that he In
vited the deceased for a private con
ference in order that he might adjust
the difference which existed between
tbea end reconcile some hard xpreee
lon which he contends that the Bo*
ceased had made against tattn; and.
that when ba?sked the deceased what
he had done to htm In order that he
should sail- him. a ? the de
ceased Immediately replied ttot he
was tfnd OUt ^e would kill MnTlSnd
he contends that the deeeaeed then
made an effort by placing bis hsad on
Ills Mp pocket: that he had reason to
believe and did believe that the de
ceased tlfav was about to shoot blm
snd that In order to save; bis own .life
he Immediately drew his pistol and,
fired.- One who Is withodt fault at
the time and place and has reason to
believe that he Is in danger of death I
of enormous bodily barm Immediate
ly to be Ihfllctea upon htm., may slay
his adversary and the act would be
justifiable In self defease. But yo?
are to judge of the reasonableness of
his apprehension and tn order to
Judge so It is Tuscesssry for you to
place yourself rn^hls position; /not at
the bar of the co4rt but In his po
sition at the ttme{ as you shall Bnd
his position te be^from the evidence.
And if he has satisfied you tJ*nt tMs
wed the condition snd clrcuidstancee
at the time hd fired the fatal shdt,
be would be justified In self defense
and It would be yotfr duty to rdturn
a verdict of not guilty.
The State cop tends, however, that
this was not ths true situation at 'the
time. The State contends that you
Can't believe the te?tl?>ny . of the
prisoner. The State contends that it
has offered you evidence from which
you ought to find the facts to be as
the SUte Insists; that the deceaaed
wis at the house' of Lillian Gray and
In the sitting room when the prisoner
come there; that he was Invited out
of the room by the prisoner and that
a# soon aa he got out of the room
without any warning or notice the
prisoner fired upon him with a pistol;
that, the deceased Immediately turned
baclt to the door and exclaimed In the
presence and hearing of the prisoner
that b? was shot in cold blood, and
the prisoner continued to fl#e two
other shots at the ^ceased while he
was in the hands or arms of Harris,
the witness. The State contends that
you should find from the evidence
thst the prisoner went to the. hoose
and celled the deceased out for the
purpose of shooting the decease^},
that there waa a Jealousy existing lt>
the prisoner's breast sgalnst the de*
ceased because of bis association with
the womaa Lillian Gray J. that, he h#d
himself with the expectation
.sTh. t~JZ:
ELECTIONS v
+ ? ?i
InUratlac IcMm Held at the
Methodist Chmrch Sunday Morn
lag and Evening. I
A mo#t interesting service took
place at the Flrtt Methodist Church
Sunday morning: being conducted by
the Woman's Foreign Missionary So-1
ciety. The ottering was for the pur
pose of aiding the missionaries in |
the foreign field. The program, a?
published In the Dally News Batur
day. was carried. out complete. The'
japers of Mrs. M. T. Plyler, Mrs
George Spencer and Mrs. Thomac
Lewis were Interesting and entertain
ing. The poem Ijy Mrs. Dally and
the vocal solo bv Miss Olivia Jordan
|a&ded much to dp interest and enter
tainment. The entire service was one
that Instructed and educated those
present.
At night the l.aymen had charge
of th* service. At this service Miss
Ada Rhodes chamtngly rendered a
vocal solo, "One Sweetly Solemn
Thought." Profaasor N. O. Newboldd
read a most interesting paper entitled
r"The Laymen's-.-. Missionary Move
ment; What it IfBnd What It Is At
tempting to Do.'V, Mr. Prank Wright
also read a moat instructive paper on
"Missionary Her^ea." This was dis
cussed by Mr. C. O. Morris. Both the
morning and evenlps services Rt this
church were much enjoyed by those
so fortunate ?a. to. be present.
The pastor, Rev. M. T. Plyler. Is
absent from ttui city attending the
General Conference in Arfhevtlle.
purpose of taking his life. ?
Now I can't aid yon about the facta
pertaining to tb? killing.' Tou ara
the sole Judge* of the credibility of
the witnesses and the weight which Is
to be given iheir testimony. I have
no right to expreas an opinion upon
the facta and no disposition to do so.
It is my duty tb tell you that when
you come to cooalder the evidence of
the prisoner ana hla near relations
that It is your duty to scrutinize their
evldeace wtth grains of allowance,
because of the Interest which they
have. In the result of your verdict.
But If, after yon have done so, you
believe they hare told tb? truth, It
is your duty to give their testimony
the same weighUas if they bad no In
terest in the rea&YT of jour verdict.
The prisoner Has come upon tbe
aland himself and he hs?. testified In
hla own behalf) and when he did so It
waa competent fer the State U) offer
evidence of hla had character. - but
'bat evMenoe su only be considered
??eemrr-ll*?*1m.mj He didn't
otter any. evidence himself as to his
good character and whan a prisoner
does not put his character In Issue It
cannot be attacked by the State for
the purpose of showing that he waa
'liable from his character to commit
the offense with which be la-ebarged.
But when he goes upon the stand be
puta bis character a^a witness Id is
sue and It is liable to attack by tbe
State If the State la able to do so.
The State inslts that you should
not only find that the defendant was
guilty of murder In the second de
gree by reaaon of the slaying with
the deadly weapon which Is unirt
plained as the State Insist! 10 the sat
isfaction of the jury by the prlsotutr*
but the State Insists that yon ought
to find from the evidence beyond a
reasonable doubt that the defendant
la guilty of murder hi tha first degree,
because, aa tha Bute Insists, it has
offered various facts and circum
stances which It Insists you ought to
believe and from which you ought to
find that the prisoner had malice In
fhla heart sgslnst' the deceased, grow
ing out o I a jealousy between the
prisoner and the deceased la regard
to the associations with the woman
Ulllam Gray, mad that he had got a
pistol on the evening of tha homicide
and had sent a message and got bul
let* la order to load tbe pistol, and
that he want to the place where he
expected deceased to he, at the house
of this woman, and that he had the
&rm purpose and design of taking
the life of tbe deceaaed because the
had taken Lillian Gray from
him. The State Insists that you
ought to be fuljy satisfied beyond a
reasonable fioubt that he pr'emedl
tatediy-thoaght over and had deter
mtaed tb slay the deceaaed and In
Mtfaaace of that purpoee dM take
hla life. If the Bute has so satisfied
you. It Win ba your duty to return a
verdict of murder In the firtt degree.
If the State'fcaa Kit so satisfied you
you cannot retuta a verdict of mur
der In the first degree v
The prisoner e*n tends thst he Is
not guilty at murder In (la first de
gree beoaaae of the tact, as he al
leges. that ha didn't have sufficient
mental capacity to deliberate over
the matter of taking the life of tbe
deceased and determining upon It
with knowledge of iu consequence*
aad that tk% act which he was con
templating was wrong.'
To* will note this distinction: It
devolve* upon the ivlponer to satisfy
you of hi* In'aanJU from the evidence
before you can atqult him of murder
In the second degree, provided you do
not find that he killed him In his ne
cessary self-defense But If the evi
dence offered as to the Insanity of
the prlaoner I* such as to raise a
reasonable doubt in yosr mind aa to
hla capacity to know rlfht from
wroag In tha sfct which he did under,
the distinction I gave you a while
ago, than you could^not convict the
prisoner of murder in .the first de
i. But if Uie evidence oennected
1 all the evidence In tbe case doea
with
A SLEEPLESS NIGHT
> Ranchmen Keep Vigil Against
-Indians. ^
-? -f
EVERYONE HEAVILY ARMED
The Uprising 80 Far (Seems to lk
Confined to the Young Members of
the Tribe -Troops Are Xow on the
Wv? The Old Bucks are Quiet at 1
the present Time.
. Taoa. fl. M.. May 14. ? Ranchmen
throughout this section spent a Bleep
leas night keeping vigil against a pos
sible organised raid by Pueblo In
dians from the reservation north of
here, but at daylight no word of any
further movement on the part of the
braves had reached this town. Fol
| lowing the raids of yesterday and the
day before. In which the ranch of I,.
*S. Meyers was attacked, the build
ings burned and fences destroyed,
rand, It is reported, the (emale mem
bers of the family attacked, every
body armed themselves and gathered
in groups for better protection.
Troops from Santa Fe and other
points ordered yesterday, were due to
arrive this morning, bat ni the mean
time a general maBsacre was feared,
as authentic news came that GO or
more of thet rlbes were weariug w^r
paint and engaged In war dartres.
None ?! *h3 older bucks had donned
I the war boanets, but many of the
young ones were reported as having
joined the uprising.
8eod Out Troops.
Washington, May 14. ? President
Taft conferred this morning with
Secretary Dickinson and Secretary
Baliinger regarding the uprising of
the Pueblo Indiana at Taos. X. M. It
was. decided to send a troop of cav
alry at once from Port Wlngate. *
yon are satisfied that the act which I
he did prooeded from a wicked will,
malignant heart, and not from a dis
eased mind or affectation of the mind
laid upon him by the hand of Ood.
then It will be your duty- to convict
him of murder In the first degree.
1Mb not for tH<f Jury or the courts to
inquire what causes bring about an
insano condition of the mind; wheth
er insanity is produced by a disease,
over the cause of which the afflicted
parly, had no ocntrol. or whether the
*?flftl>e c?m4lti6? of , t he mlpd comes
from faults of his own. The ques
tion is was he saoe at the time he
committed the offense.
The difference between a sane man
and an Insane man Is that the sane
man wdlildn't reason but he could,
and the insane man could not reason
If he would.
it Is not worth while for me to tell
you. gentlemen of the jury, that in a
sause of this kind you cannot be
swayed by passion or moved by sym
path; sympathy for the family of the
deceased or sympathy for the family
of the prisoner cannot control you In
the verdict which you shall find. The
magnitude of the crime charged is
such that it requires the court and all
connected with I', to plainly hear and
deliberately consider all the evidence
which may be brought out on both
sides; to, calmly and deliberately dis
charge the duty which the law places
upon us; to me as judge to lay down
the rules or lay by which you are to
be governed; yon to find the facts
from the evidence and apply the facts
as you find them to the rules of law
wlhch I have laid -down and declare
the result acocrdlng to your convic
tions.
Under this bill of Indictment you
may find murder in the firat degree,
or murder in the aecopd degree, or
manslaughter or not guilty, as you
fhall find from the evidence and ap
tly the (acta so found to the rules of
law which ,1 have laid down.
. It la juat aa I said a while a?o:
The duty. you have to perform fs one
confined to this case. The law of so
ciety for the protection of human
life has declared that whoever com
mits a wilful, premeditated and de
liberate murder shall be convicted
of murder in the first degree; who
ever commits any other murder shall
b$ convicted of murder In the second
degree, and he who slays his fellow
being leoniously. without malice
aforethought, should be convicted of
manslaughter, and whoever kills of
necessity to save his own life snd to
save himself from enormous bodily
harm, betim without fault at he time,
shall not So held responsible for any
offense but shall be acquitted. Ine
compass of your duty ts to find the
facta In case and apply the law
appllcsble to ths facts. The evil doer
finds the consequences of his acts
upon his own head. The innocent la
entitled to the protection ?whlch the
law affords.
As I said at the outset, you nn
neither be swayed by paaslon, moved
by Influence, controlled by what m*y
or raky not occur. Your duty Is to In
quire what did occur in this particu
lar case and declare the result ac
cording to your conrlctions under the
evidence and the rules of law which.
I have laid down.
Tou may retire with your officer.
Aa 1 told\ you before snd all along
through the trial, it waa not proper
for you ot discuss the case with each
other. Now I charge you tfcat It la
yt>ftr dutjr to entef "upon this discus*
sion, each with fire other, and let It
be thq subject of your though^* and
your discussions until you. have reach
\ r *?
Wake's" Anti-Ring Democrats
Nominate Ticket.
MEETING WAS A QUIET ONE
t '
About H?rw Hundred Delegate* Re
sponded to Call ? Daniels Open*
the Convention and Bally Ridicule*
the Machine ? I'lofoswir Hyken Is
at Hvad of Ticket.
Raleigh, Way 14. ? The anti-ring
Democratic mass-meeting here this
ifternoon named a complete county
ind legislative ticket for the June
irimaries, thereby assuring a belter
Ight between the anti-ring or reform
action and the regular Democratic
ounty organization. This action
il8o forces every one of the present
ounty officers necessarily to line up
rUh the regular or machine organi
ation, multiplying the forces the re
ormers must combat. There are
nany who *??lare that the "reform
ts" will be unable to win over this ;
ombinatlon that they have forcel.
>n the other hand the promoters of ,
he reform movement are oenfldent
?f success.
There were probably three hun
Ired delegates here from various
larts of the county, some townships
?elng considerably more largely rep
esented than others, a number hav
ng from two to a half dozen occupy
ng the seats allotted. One gallery
vas occupied by Raleigh sympathls
irs and the other by spectators gen
erally. The hall wan Oiled to atmost
itanding room limit at one time.
Daniel n Opens Meeting.
The meeting was called 'to order
by Editor' Josephus Daniels about
12:80. This duty had fallen to him.
He said, because he was made chair
man of the "sidewalk" meeting April
20 when there was such stirring hap
penings. "There la but one Issue."
he said, "Shall- the people rule or be
ruled? They call this an Insurgent
movement, but It Is the spirit of the
people and of liberty. A people will
ing to be ruled is but a craven peo
ple. A few self-constltutQd bosses
have been over-riding the will of the
p^opla In tijls county with ring rule.
The party qjaghlne )b turned to flght
the Win of 'fUn^rfty and we now rise
against It. We are tired of Rum-shoe
and^ elbow-polling politic* In Wake.
Our officers must be our servahtfi aOU
not our bosses."
Mr. Daniels called Fab Whltaker
to the chair as temporary chairman.
He commended the personnel of thei
convention and appealed for sonser
vatlsm In a rather long expression of
appreciation for the honor.
Bailey Ridicules Machine.
J. w. Bailey, in stating the object
of the meeting, declared the meeting
a magnificent body of men to be
called enemies of the party. He rid
iculed the machine leaders as won
drous wise, having jumped Into briars,
and scratched out their eye?; they
forthwith Jumped into another to
scratch them In again after the man
ner of (he Mother Goose rhyme. He
declared that he was here to put bis
foot on the machine, being like the
boy who after eating too much ap
ples was Urged to have more. He
didn't want what he already had.
We want an organization to obey and
not command. He insisted that he
was not a candidate, for any oflce and
would accept no nomination, county
or legislative. He was cleared for
action and could best made his flght
for the reforms advocate from the
ranks. He had a speech prepared
for April SO. but the machine heelers
who met them in that meeting made
his speech far more effective than he
could have by coming forth and
showing their rottenness. They led
m complete a mob of howling der
pishes from the academy to the court
house to break up tfc?t meeting as
ever followed heathen leaders. They
ihowed their fear of the people and
that thy would commit 'the grossest
ffauds.
The Ticket.
I For members of the House consid
erable confusion characterised the ef
fort to endorse men for the lower
Vlouse. Walter Clark, Jr.. was nomi
nated and seconded by a number.
| Editor Daniels nominated E. R. Pace.
Others nominated were, R. H. Battle,
J. H. Keith. Torn Harrison, Millard
Mlal and J. T. Judd. As the confus
ion cleared op Walter Clark. Jr., In
sisted on his name being that consid
ered: The final outcome was the en
dorsement of R. H. Battle, E. R. Pace
sad j. T. Judd. a
For clerk of the court Millard
Mial was nominated by acclamation.
For sheriff there was another stir.
Henry Holding was nominated and
refused to stand. H. IX Rand was
nominated, but some one ^charged
him with being a "rlngster" and
there were cries to trot out another
horse. Dr. Sorrell was nominated
and some one suggested Chairman
Whitaker for the plfcce. " Walter
Clark, Jr.. appealed for Rand to be
given a hearing. He denle4 that he
was a ringster and said that the ring
defeated him for the aherlff nomina
tion two years ago. The ballot- de
veloped the contest as between Rand.
Sorrsll and Page. Rand winning out
with 9* votes and Sorrell second
with BO.
' May smiles on blooming dowers. .
? n-mi -i,,-,,!,-,!
MAHOMINISTflJITE
ls the Charge Against Bisho
Morrison.
SPECIAL COMMITTEE T/UAL
!? If Xot lu-llcretl He Will It, Re
tired ? The Election of New Blah
ops ?n<l .Connection,! Officers Take
I'larea Today ? other Mutter* !???.
^ ^7 the ('onrerenre,
Ashevllle. .V. C., Mar 14? After
he strenuous labors of the delegate,
to the general conference or the
Methodist Episcopal Church. South
great satisfaction is expressed that
tomorrow will be a day of resf. Nea"!
niiJiT1' ',rotMUnt Pulpit will be
d'8tl?*ul"hB<l ministers, and
p??ed" " ?" tb* cburclle" <?"> ?
Bishop Morrison, against whom
hcarges of mal-adminlstratlon are
lodged, and whose ease Is now be
" '""mittee of investigation to
decide whether or not a trial Is notes
'V-r not to m"eh disturbed
by the charges, and his friend, de
clare that the committee will flnij
that no trial will- be necessary. The
matter will come berore the confer
ence .Monday, when the result of the
Bndlng of the committee will be made
known. Judge E. c. O'Rear, of Ken
rison representing Bishop Mor
?,,Th- "c,l?" the conference in In
vltlng the board of trustees of aVn
't University to Ashevllle, ??.
era! members of the board now being
here, was a most popular move and ?
hopes are expressed that all differ
ences will be settled
The merging of the missionary so
cieties of the church at today's ses
sion Is a matter o( general comment.
The women are satis8ed and declare
that it is their purpose to work as
fMhfttJIy for the success of the great
undertaking as formerly.
The election of bishops will take
plaee Monday and the concensus of
opinion I. that Hers. J. c. Kilgo and
Collins Denay will be elected on the
first baTlor
The report of the committee on
missions concerning the .uniBcatlon
of missionary boards and societies,
recommending the anion of the three
missionary boards was favorably not
*d upon by the conference.
In tho midst of the morning see
Trton. D*. CotHn Damty, of
the committee of eplscoj?acy, an
nounced that he had received a letter
charging Bishop Morrison with mai
led ministration. Tba letter, he add
od. came from W. F. Packard, of the
Texas conference.
Considerable debate ensued as to
whether a complaint brought against
Bishop .Morrison by the Clay Street
Church. Richmond, Va.. should be re
ferred to the committee of Investiga
tion to be appointed by bishops. It
was finally so referred.
An additional report from the
saem committee raised the salaries of
bluhops from $4,000 to 94.800 par
annum, and retired bishops from
$2,000 to $2,400.
At a Iste hour tonight the commit
tee on investigation la the caae of
Bishop Morrison decided unanimous
ly that no trial on any of the charges
lodged was necessary, and all wefw
thrown out. The matter of the bish
op's character now goes back to the
committee on episcopacy and It Is
generally believed that It will report
against superanuatlon. In casa of an
j adverse report, however, the question
will besought out on the floor of the
conference.
noo SCRVIVSS IX>X<; kaht.
?a BU'H AT WKI.L BOTTOM.
New York, May 14. ? Highland Lad
? a Scottish terrier, the property of
Mrs. W. Butler thin can, of Hemp
stead, L. I., holds the record for. fatt
ing In that vicinity, as he has Just
been found .after baring fallen down
a dry well,' where he remained thlr
toen days without food_ or water.
The dog, which is quite old and
has been a prise winner at bench
Bhows, was probably chasing a rab
bit on the Duncan place about two
weeks ago when he fell Into a well
and could not attract anyone by his
barking.
Mrs. Duncan, worried about the
loss of her pet. who la worth $1,000.
offered a reward of $60 for his re*
turn. Yesterday afternoon * little
girl was passing the well 'when she
heard a dog whine. She called an em
ploye of the Duncans, who found that
the sound came from the well. A
ladder was lowered and Highland Lad
was brought to the surface too jveak
to stand, but able to recognise those
about him.' He was given liquid food
and within a few hours seemed as
sound as ever.
? NEW ADVERTISEMENTS. ?
w Oem Theater. 4
? Gaiety Theater.- ' ?
? J. L. O'Qulnn, Florist- ? Bulbs. #
:
? Hyomel. +
? Mother. Gray Powders. ?
9 Cfcrtul. .. ?
? Doan'a Kldur pan. ?
? Mr, (tmnn1. Rwncdlw. ?
? Goose rirease Unimaol *
'??> * f?<? i t ; vj ? *