Newspapers / Asheville Citizen (Asheville, N.C.) / June 27, 1889, edition 1 / Page 1
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1 i VOLUME V. ASHEVILLE, N. C, THURSDAY, JUNE 27, 1889. NUMBER 65. ME DAILY CI THEY ARE FREE MEN. BRADLKY AND UONOV4N AC QI ITTKU AN1I B1CT FREE. solicitor Curler' Htronir Argu ment, and Judge Moore's Able, Learned and Kxliuutlve Charge to the Jury. The court room wan literally packed with interested spectntorsnt S).30o'clock yesterday morning wlicn tlic trial ol Bradley and Donovan wns resumed in the criminal court. The end of a long and tedious trial was drawing near and everybody present scciruil to realize that within the next few hours a juryoftwelvc of their countrymen would decide the fate of the prisoners at the bar, 'who stood charged with the awful crime of murder. The prisoners' scanned closely the faces of the jurymen, endeavoring to read in their countenances some Bign indicative of what the verdict would be. but the "twelve men Rood and true," npeured to notice them not, and the ex pression they wore were, to a man, aa meaningless, so far as significance wns concerned, as the countenance of an Kgyp tian sphiisx. They were making up, each within himself, the verdict from the evi dence rendered upon the trial, and were only awaiting the argument ofthc Solici tor and the charge of His Honor foi fuller instructions for tlie discharge ofthc solemn duties imposed upon them by their oaths. At 9.40 o'clock Solicitor Carter arose and addressing His Honor and the jury, began in on earnest and impressive man ner the closing argument in the case on behalf of the State. He spoke for nearly an hour, and his speech was decidedly one of the most brilliant efforts oMiis long career as an attorney. What he said was to the point; his language strong end well chosen, and his summing up of the whole case and its presentment to the jury, was a powerful arraignment of the accused. As Mr. Curter closed his speech, Judge Moore amid the solemn stillness that feigned within the court room Ixrgan his charge to the jury. It wns -n learned, able, and masterly compilation of Un law bearing upon the case, and is an honor to the learned Judge who has so faithfully and impartially 'presided over the trial, fudge Moore said : Gentlemen: Homicide is defined to be the killing of any human creature; homicide may be murder, manslaughter, or justi fiable or excusable. Murder is where the killing is done feloniously, with malice aforethought. Manslaughter is where the killing is done feloniously, but without malice aforethought. Malice is the distinguishing feature between murder and manslaughter. Justifiable or excusable homicide is where the kill ing is not done feloniously or unlawfully or with malice aforethought. The defendants are indicted for murder; that is, the felonious and unlawful killing of one Winston lliues, with malice afore thought. If you shall find, and are satis fied beyond a reasonable doubt, from the evidence, under the charge of the Court, that the defendants unlawfully uiiii feloniously killed Winstou Hines, with malice aforethought, your verdict will 1' "Guilty."' If you shall tind, and are satis fied beyond a reasonable doubt, from the evidence, under the charge of the Court, that the defendants unlawfully and feloniously killed Winston Hiues, but without malice aforethought, your verdict will be "Guilty of felonious slay ing." If you shall find from theevidence, under the charge of the Court, that the defendants killed Winston Hines, but that the killing was not felonious and unlaw ful and was without malice aforethought, your verdict will be "Not guilty." Unless you shall find, and be satisfied beyond a reasonable doubt, from the evidence, under the churge of the Court, that the defendants did kill Winston Hines, your verdict will lie "Not guilty" hi any event. The law casts upon the State in this case the burden of proving to the jury beyond a reasonable doubt, every es sential element of the crime charged against the defendants liefore they can convict. When the-killing is, proven to have been intentional, or it is admitted or proven to h:ive been done with u deadly weapon, the law presumes it t have heen done maliciouslv, and that it, of course, amounts to murder; and it is incumbent uiuin the person admitting or proven to have so done the killing to how such circumstances ol nmigatiou, rirtiv or lustifieation to Hie sntistnctioi oftheiurv, as may lessen the grade 01 the offense to manslaughter, or excuse, or justify the killing. He may show either bv the "circumstances and tcsti- .,n introduced bv the Slate against him or Iw evidence introduced by him- elf. that the killing was only man slaughter, or that it was justifiable, or excusable, but the burden is upon him to at afv the urv o the trutli 01 tiie unci- gating, justifying or excusing facts upon which he relics .mitigate, excuse idulifv thi Lilliinr. Th first inmiirv of the iury is, did Wiiwtxn limes come to his death, be cause and in consccpicnee of a wound hv liiin at the hands of the , prisoners, or either of them, as alleged in hr hill nf indirtment f It is admitted by the prisoners at the f.r tht tli nrisoiicr Bradley shot the deceased and wounded him ; that he in tPtitinnnllr so shot and wounded him and that he is dead, but thej deny thut th iWMiHfd died because and in conse quence of the wound. This leaves the burden on the State to satisfy you be yond a reasonable doubt, by the evi dence, thut the deceased actually duo because and inconsequence of the wound; and if the State has not so satisfied you, ou need go no further in your nnpii 1., mt will return a verdict of "not guilty luii h Vfcmli.nl a. As to Hie cause of death, the Court clmrges you ihat ill you shall be satisfied, from the evidence, Iwmiil a reasonable doubt, that? V 111- I.,M I liit-a ,li4 fit liirvnirilis. and that this disease was the result of the wound ..... - liccausc then you will hnd that he did it bee. lust and in consequence of the wound indicted apoil him by the prisoner urauny. You cannot, in nny event, convict the prisoner Donovan unless you shall hud that lie was actually present at tlic time the wound was ailmimstered to the de ceased, ordering, counselling, encourag ing, aiding and aliening the prisoner Urn.ll, . and narticinnting in .his pur- - . pose and intentions. It you snoiu.i Ul iw.wrver. alter finding that the de ceased came to his dcuth because and eonseuence of the wound, then the same presumptions arise a to him as to the prisoner Bradley, and unless thev shall satisfy you us to the truth of the mutters set up by them in mitigation, excuse and liistilication.your verdict will lie "iruiltv " astolxith. ' It is the duty of the State to satisfv yu beyond u reasonable doubt that the prisoner Donovan was actually pres ent, ordering, counselling, encourag ing, aiding and aliening the prisoner llradley, and participating in his purpose and designs. xnL. Court charges you that if the defendants have satisfied you that the deceased, Winston Hines, had liccn carrying a pis tol, u deadly weaMn, concealed upon his iion, being off his own premises mid in the city of Asheville, and that one Hamp ton, a policeman of the said citv, arrested lnm for the crime, and that he had es eaied from said Hampton; and that a lawlul warrant had liem obtained bv thc defendant Bradley, from the mayor of thvcityoTifoheville against the defend ant charging him with carrying a con cealed weapon off his own premises and inside the corporate limits of the city of Asheville; and that the defendant Brad Icy was a Mili(i-man of said city ; or that 'icing such policeman he had reason to lielicve that the deceased, having been guilty of carrying a concealed weapon, would make his escape; and, or having reason to believe thatthedeeeased would make his escape, having no such war rant, that the defendant Bradley clothed with such warrant, whether the affida vit attached to it was sworn to or not; ir whether he knew it w s sworn to or lot, went to the house of Walter Duffy. ind that while in attempting to execute ids warrant and arrest the deceased, that the deceased was about to strike the de fendant Bradley with a bar of iron, such is the defendants insist he had in his hands; that it was diawn over his shoulder in a stt-ikint; attitude with both innds, and that he was making it the defendant Bradley with it, and that it was actually necessary for the Iceudnnt Bradley to shoot to save his life, or himself enormous bodily harm, the defendants would lie "not gtiihv." is to the warrant introduced "here the Court charges you that it is in due form, and that it wns the duty of the defendant Bradley, if it was in his hands, to exe cute it. The Court further charges vou that if the prisoners have sal istied you of these lets, and that from them and such other acts as vou may iind, the defendant Bradlcv had reason to believe, and did Actually lielicve he was in danger of los- his hie at tne hands of the deccu.-sed ad shot mid wounded the deceased be iiuse of such reason and actual Ix-licf, the law would excuse the shooting and icither of the defendants would be guilty. The defendants must, in this view of the case. However, satislv tlic iury, Irom tne vidrnee. that the defendant Bradley had easonable grounds to believe, and did ictually lielicve, that he was in such dau ;er; and in order to determine whether ir not the defendant Bradley had reason to believe he was in such danger of losing his lilc, or of suffering enormous bodily harm at the hands of the deceased, the iury may as far us possible,, place them selves in the situation of the defendant llradley, at the time, surrounded with the same appearances of danger ns sur- roimded him, if there were nny; with the same degree of knowledge of the deceas- d s probable purixisc, which the dcteiid- int Bradlev had, if he hnd such knowl- dge. In passing upon and determining whether there was such actual danger, or whether the defendant Bradley had easonable ground to apprehend such lunger, and whether he shot and wound ed the deceased because of such actual lunger, or reasonable apprehension of danger, the jury must take into consider- tttoti till the circumstances ana all the evidence adduced in the case. If the prisoners have failed to satisfy you that the defendant Bradley shot and wounded thedecensed because of such actual dun- ier. or because of tuch reasonable ground to lielicve, and his net ual lielief, that such danger was imminent. and you hall hnd that the deceased came to his death liecsuse and in consenueiice of the wound inflicted upon him by the defend ant Bradley, you will return n verdict of 'guilty astothedcleudant Hradlev, anil f you shall find that the defendant Donovan was present, ordering, counsel ling, eucniiragingaidingnnd aliening the etendnnt Hrndlev, and participating in his purpose and designs at the time, you willi el urn a vcfYlicl of "guilty" ns to both of the defendants, unless they shall satisfy ou of other nmuraiing, justifying or cx- etising matters relied upon by them, ns to which I now proceed to charge you. As to this defense the Lourt charges you that, it the prisoners have satisticd'you that the defendant Bradley had in his possession and was clothed with a warrant against' the deceased, lairging hint with n violation of tne law of the State, or an ordinance of thecity ol Asheville, issued to linn bv the Mayor ol the citv of Asheville. and that he had summoned the rielenda it Donovan to aid him in executing the warrant, that it was the duty ol the defendant liradley to execute the warrant by tnkinjf the de ceased into his custody and carrying him before the proper court lor triul;und that it was theduty ofthedel'cndaiit Donovan to render him all necessary aid anirtjjt sistHiice in so executing it. ' If the prisoners have satisfied yon that the deceased' put himself in resistance to the defendant Bradley and his guard Donovan, thev were not only authorized, but were bound to use such a degree of force as was necessary in order to execute the warrant by taking the body of the defendant into" their custody ; and if you shall be satisfied that the wound admin istered to the deceased by the defendant Bradley, though it may have been the cause of his death, -was administered in executing such warrant, and that it was necessary in order to execute the war runt, votir verdict will lie "not guilty," a tn With of the delemlniils. 1 he law does not clothe nnotucerwiththcauthor- itv to mk'c arbitrarily ot the necessity of killing the person charged with crime and for whom he' has e warrant ot ar rest. He cannot kill him unless there is nrc i-Hsitv font, and theiury must deter mine from the testimony the existence or ..Incur ol necessity In determining inc WIMMIU r, ,- 1 1... ;rv nmv take into consideration all lil... iirroundiiiL'S and circitnislnncrs wnctuer tne utBiiwn - a.,... . I purpose of resisting further; whether he I had bcen-lieforc that so disabled by blows ., .1... -I ...I I,... I r. I.tlfl1lll1l-n UMt ' from the bi lies 01 me nciciuiunis n " r 1 - whether or not he had ceased his resistance; whether or not his resistance was of such a violent und determined character as to call lor the shooting, anih maJsc it necessary ) whether there were bystanders whose duty it was, if called npon.to aid in making the arrest; whether they were willluiK to ;,l in mnkinir the arrest, whether or not defendants could hSveavoidcd the shoot ,v . V. ' rnlliri J them to their aid. And - ing by eol hng mm w I -1....... l.. ;in,-. ..i,.iil.-ri.iioii the in you may uo -" tact that thedcccuscd was armed: First, with a chair, and then with a bar ofiron, if you are satisfied he was at the time so armed ; that his mother was holding tilt defendant Brullcy around the waist, and had his arms pinioned to his side, if you are satisfied s.ich wus the fact. These and all the other circumstances and en tire surroundings und sanation must tie taken into consideration by you, in pass ing upon the question of necessity; and, in thus passing uixm the question of ne cessity, you need not wcinh in "gold scales" the conduct of the defendants, or the amount and character of the force used by them in attempting to muke tlic arrest. The Court charges you that if you shall find that the defendant Bradley did obtain such warrant, and that he obtained it not in good faith to execute it, but as a cover for adesignaud purpose to lelouiously and maliciously take the life ofthc deceased; that he-did not in good faith and according to his sense 'of right und dutv try to execute such warrant, but obtained and had it to shield hun from the consequcnces'of a malicious purpose in inflicting the wound, if you shall lie satisfied beyond a reason able doubt that the wound was the cause ofthc death of the deceased, he would be guilty of murder. And if you shall find t hat the deteudaut Donovan knew ofsuch felonious and malicious purpose on the part of the defendant Brad Icy, participated in ' it, and wus present, ordering, counselling, encour aging, aiding and aliening him in the ex ecution thereof, he would also be guilty of murder. TheCourtelmrges vou that it isthe duty of one in whose hands there is a warrant of arrest, who is not a known officer of the law, to show his warrant, and rend it ifrcquircd, unless the persou to be arrested has no tice of it; and if you are satisfied beyond a reasonable doubt, Irom the evidence, that the deceased came to his death be cause and in consequence of the wound inflicted upon him by the defendant Brad ley, then, unless the defendants have sat isfied vou, from the evidence, that they were known officers of the law; or that oncofihem was a known officer of the iaw, that is, so known to the deceased ; or that they showed the warrant to the deceased, or indicated to him the charac ter in which they came and the purpose for which they sought tii arrest hint ; or that he knew such character and pur pose, the presumption would not lie re butted arising from the killing with a deadly weapon. The law throws its protection around its officers while in the discharge of their official duties, but they must iierfoini them with due cure and compliance with its requirements; other wise t he law gives them no greater pro tection than is given to private individ uals. In determining whether or not the dclciidunts were known officers of the law, or whether one of them was such, that is, so known to the deceased; or whether thev showed the warrant to the deceased, or indicated to him the charac ter in w hich the v came, and the purpose for which they sought to arrest him; or whether the deceased knew of such char acter and- purpose, you must take into consideration all the circumstances, the surroundings and situation ; whether it wus in the night time and the character of the night, the defective eyesight of the deceased, if you shall find he hud defec tive eyesight; the dress of the defendants, whether it was that- of a policeman; whether they had on badges such as po licemen usually wear; whether they had policemen's billies, and whether or not the deceased could see the dress, badges and billies at the time; whether they spoke to him and whether he could rec ognize their voices und jiersoris, and whether he knew them or either of them, to be officers if he could see them. All of these facts, if you find them to exist, nod any others bearing on the situation, must tic carefully weighed by you. The Court charges you that, if you shall lie satisfied beyond a reason able doubt that the deceased come to his death because and in consequence of the wound admitted to have been inflicted on him nt the hands of the defendant Brad lev, and that the defendant Donovan was present, ordering, counselling, en couraging, aiding and abetting him in I he act, then the defendants must satisfy you, from the testimony, that it was ab solutely necessary for the delendant Bradley to shoot the deceased, as he ad mits he did, or your verd'et will lie man slaughter as to both defendants It is the necessity to shoot, to effect the ar rest, in this view of 1 he ease that distin guishes between manslaughter nndexcus ablc homicide. If there was no necessity to inflict the wound upon the deceased, r if its infliction was the exercise of more force than was necessary, then, if the wound produced the death of the de ceased, it would, in the absence of mal ice, be manslaughter. In estimating the amount of force necessary mid the amount of force used, you need not, ns heretofore charged, nicely balance the scales, or, as sometimes ft is said, you need not weigh in "gold scales." The jury then retired nt!2 o'clock, and at the reassembling of the court which hud adjourned in the meantime until 3 o'clock in the afternoon, again came into the room, and in the presence of an im mense throng, returned a verdict of "not guilty ' as to both of the defendants, and they were discharged from custody. Our opinion, after a careful considera tion of the whole testimony, is that this result is the natural and correct one, and that officer Bradley had reason to lx-lieve that he was iu danger of serious bodily harm at the moment of firing the fatal shot. Several circumstances were dieted con nccted with the general management of the police force of Asheville, which we deem it our duty, ns a journal conscien tiously striving to promote the best in terests, peace, harmony and happiness of our people, to criticise seriously, and earnestly to urge their amendment First, it appears that the warrant lor the arrest of the deceased was issued about midnight, the Mayor licing aroused from his lied to do so. While we haf no doubt that our mayor acted conscientiously, we thihk his course wns ill advised. No more serious offense had Wen committed than that of a man having had a concealed weapon 011 his cr soii. The weapon had been captured and was safely in the charge of the police; the ollelider had cscaicd. The worst con- scipicncethatfould have followed, had the warrant been delayed till morning, would have been the escape .of. a person guilty of a misdemeanor, which itf this case would have been the riddnneetothe com munity of a violent-tempered and troul lesome negro boy. If he had not escscd ibis urrcst could, in the daylight, Have lcen effected easily and safely. We re spectfully suggest to Mayor Illnnton in future, to issue no warrant at irregular hours, except iu cases of more serious nature than the one under discussion. This mistake of our Mayor, however, was trivial, us compared to our next crit icism. The habit of policemen presuming to deputize any person they choose, and giviug to such person their weapon, and authorizing him to arrest, or help to ar rest an offender is, in our opinion, quite unendurable. Had officer Hampton asked Donovan to go in order merely to identify the of fender, he would have done only hisduty, but he gave him nis "billy," which is re cognized as the distinctive weapon almost the bailge of a policeman. Hamp ton knew Donovan's character as wns shown by ex-officer Harkins' testimony ; he knew that he was a mere lad of nine teen; he knew that he hud uo connection whatever with the police department, and his action was utterly and undenia bly wrong. Officer Bradley was certainly wrong' in allowing Donovan to accompany him, armed ns a policeman, and understand ing that he wusdeputized and authorized to act as such, and he was especially to blame for allowing this boy to strike the deceased, while a prisoner, a cruel blow over the head. A prudent officer would have seized the offender, informed him that he had a warrant for his arrest, and if resistance was offered', have called 011 Donovan or 'any other bystander to as sist in holding him. The unnecessary blow, struck by an unauthorized person, was calculated to inflame the worst pas sion of even a much better man than the deceased, and the result that followed wns its natural consequence. The vio lent negro, with his passion thoroughly aroused, rushed into his mother's house, and after being knocked down by the ixdieenian's billy, seized an iron bar to attack the officer. Donovan culled out "shoot him;" thedistraetcd mother seized the poliecmun,and he found himself in a position in which hewuobliged to shoot in order to protect himself. But was he not seriously to blame for allowing such a state of things to come about? Did it not naturally follow UKin the aggrava ted assault committed by Donovan on the person of the prisoner? We conclude then thut, both Hampton and Bradley are seriously culpable, and should be punished by dismissal. The police force should lie tatigh that the use of a billy upon the (icrson of a prisoner, will not be allowed except in cases where there is danger of the officer receiving' pcrRonul injury, or ;n case ot resistance to arrest, where the the assist ance of bystanders cannot be obtained. The officers must be protected in the law ful exercise of their duties, and must lie allowed a wise discretion, as to the amount of force they may use, but this indiscriminate and free use of the billy must be curtailed. It is often used in cuses uncalled for, and iu a manner cal culated to brutalize'the beholders, com posed us they usually are in part of boys) educated by the dime novel of the day, to seek pleasure in just such disgusting scenes. FOLKS) VOl' KNOW. Who They Arei Where Tliey Are, and What Thev Are Ooinic. J. C. Cunningham and wife, of St. Louis, Mo., are stopping at Mrs. Nathan's, H7 Bailey street. Col. A. B. Andrews, third vice-presi dent of the Richmond and Danville Kail road Company, was in the city yester day 011 his way home at Kulcighfrom At lanta. , Mr. S. H. Biyson, of Jackson, magis trate and county commissioner, wag in the city yesterday in connection with the assessments upon the Murphy branch of the W. N. C. R. K. Mr. John C. Hester, of Raleigh, repre senting the Southern Home Seekers' Guide is in the city. The title of the book suggests the object of his visit; and he will gather here much attractive inform ation for "Home Seekers." Mr. Robert Barr, "Luke Sharp" of the Detroit Free Press, is in the city. He is otic of the brightest newspaper men in the Union, and his descriptive sketches in the Free Press huve given him a world wide reputation. He will remain in Asheville about ten days. Mr. R. W, Barrett, a representative of the Atlanta Constitution, is in the city, giving us a pleasant call yesterday. H will lie welcomed as an old acquaintance in Western North Carolina, where the Constitution is so well known, the fire side companion of muny households. Mr, Barrett is an exceedingly pleasant cor respondent of his paper, and we presume he will not omit Asheville in his note gatherings. Teachern' ANem1ly. The first literary and musical entertain meat of the session took place on the evening of the 21 th. Among those who participated in what was a rcpresenta tion of the finest musical talent of the State, was Miss Burnieister, of Asheville Mr. lirncst Mangum, of Asheville, also took part. Ilefore the Iarnell CoiiiiiiIhnIoii LoMHiN, lune 20. Mr. Sexton, mem Iht of Parliament, and the Lord Mayor of Dublin npienred liclorc the Piirnell Com mission to-day. Sexton would not say he opposed the principles of the I-'etiiati society. He claimed that boycotting was a necessary evil. The Weather. Washington, D. C, June 2V Indica tions lor North Carolina fair, pre ceded by light rain on the coast; slightly warmer; southerly winds. CONFEDERATE VETERANS. ORGANIZATION OH A f'Ol'NTV ASSOCIATION Jl I.V 4. Henator Vance and 11 in "Houitli and KeadicM" AhUcU to Meet at Aubevitle Instead of Uoiu. broon, on That Uay. We gl idly give space to this call : The Confederate Veterans of each county in the State ure requested to assemble at their resjiective court houses on Thursday, the 4th day of July, ISMS), to fonii a Coulcilcrate Veterans' County Association. The following plan of organization has been adopted by thcexecutivccommittee, viz: The cKvtion of a president, vice presi dent, secretary and nn executive com mittee of five. The secretary to enroll the name, company and regiment of each ex-Con-federute soldier and the name uud vessel of each Confederate sailor who presents his name for membership. Bach county association to recommend two ladies iu each towusiiip who will be especially commissioned by the president of the State Association to "aid in the glorious work of establishing a "Home" for the old and broken down veterans of North Carolina, The secretary of each association will, as soon as possible, report to W. C. Stronnch, Secretary ofthc State Associa tion, a full record of officers and members .uul mimes of ladies designated by his association. JfLiAN S. Cahr, President. State papers will plense copy. A trouble seems to exist iu the select ioji of a day. Senator Vance has long ago invited his old company, the Rough and Ready Guurds, to re-assemble at hospi table Gombroon on July 4. The follow ing compromise is suggested, as is shown by our letter to our old Governor : Ashkvii.lk, June 21), '89. Dear Governor: I suppose you have seen the call for reorganization ot Con federate veterans on July 4-.' I under stand that your company will have a re union that day, and continuing several succeeding days. How can this conflict of time be avoided ? Cannot you meet your good men here, join in reorganiza tion of veterans, lie the President of the county association,, and alter getting it in good tune, adjourn with your boys to Gombroon and have a good time? 1 would wish I had beeu a Rough and Ready, if I had not been an old 60th man. Please try to carry out this suggestion. Mr. T. P. Davidson joins me in it. Yours most truly, . T. W. Patton. We hope to-morrow to present Senator Vance's reply, and that it will lie favor able. A word now, to our old comrades of the Sixtieth Regiment. Fellow-soldiers! there are but few of us left, It will be impossible tor lis, in person, to be with you on July 4, but The Citizkn is at your service. We will lie with you in heart. Meet brethrea.ind refresh your recollection of old days, und do fresh honor to those brave comrades who hove gone before 11s, only a little while. One tiling is especially, near to our heart. Let us, comrades, join in erecting a suitable monument to brave Col. Wea ver. We cotiPl not find his body, but no doubt his spirit is with us. Wc all re iiiemlier how he never spared himself in times of danger, but . always spared us, when he could. . Let us honor ourselves by honoring his memory. Veterans, brethren; if Tub Citizkn can serve you call ou it. It tenders you the service of u secretary gratuitously until you get one to suit you Ix-tter. He will serve you taithfrdly, gladly, willingly. If you do not wish his services in this position call on him for whateverclseyou may need. It will not matter to him; only let him help the good work in some way. - TI1K lXATHUAH INDIANS RcfuHe to Surrender the Murder ersA Hnttle Imminent. Hklkna, Mon., June 2f.. There is no liangemttie Indiana trouble on the Mat head reservation. Capt. Sloan's com pany of Montana militia is nt Jocko, at winch point lU.lKHJ rounds ol omnium tion were sent on the Captain's order Col. Laysan, of Fort Missoula, has gone to the scene with three companies, of the i.ith Inlatitrv nnl three dnvs rations. A dispatch from Jocko says the Indians shot by the slierill s posse died yesterday and the situation grows more serious, Indians from various parts of .the reser vation arenockingtothciceiie ot trouble The greatest alarm is felt for the settlers who live on the borders ot the reserva tion. Last night nil save seven of the herifTs posse returned to Missoula, Icov ing the military to assist the sheriff in making arrests. Seventy-five men Sient the entire dnv trying to linn the Indians but without success, three, hundred Indians are camped near Kaville and Se- venr. I hcv will not give up themtirderers whom the Indian police nnd hull-brcci have concealed. Tlieshcritf is determined to have them, nnd if he makes 11 not he trial battle will surely ensue. THi: MOI1 HPAMIvIt MITCIIICI.I., But Hun Keel HlH Companion, Ar- dell, to a Tree, Lofisvil.l.K, Ky.. June 20. A mob went to the jail nt Shciiiierdsville, at one o clock this morning, and iicui.-i m lin 01 jailor Bowman the surrender of Thoma Mitchell and Charles Ardell, confine there, and churged with the murder if peddler named Joseph Laviiic. Dawsn relused to surrender the men,' and took his land iu the front of the door with shot gun, declaring he would kill the first man who tried to pass. Mrs. Bowmn hearing the threats, and tearing he husband would lie killed, ran forward and. gave the mob the keys, beggm llowmnn not to provoke them. II le.idcts then unlocked the .doors and went to the cell where the prisoners were confined. I he jailor lollowed, lwggin them at least, to spare Mitchell, who, he lielieved was innocent. They yielded to his entreaties, Idling Mitchell he might thank Bowman tor his life, and binding Ardell took turn to the woods. The men were all masked, nnd it is belived 'ttieWwat burned this morning. " The loss will huuz Ardell near the town latkr The body of Charles Ardell was discovered this morning Hanging to tree in the woods about a mile and half from Sliephenlsville. HclMlW ON THI? STAND, le Tell the story of the Murder Twice I'erfectly Calm and Apparently I'neoncerned. Chaki.kston, S. C, lime 2fi. McDow was put on the stand this morning in the Dawson case. He presented a haggard ijiearanee, and gave evusiveunswers to 1 cuestions. His storv. ' briefly, was that Cuiit. Dawson came into his office and said that hi had come to expostulate with 111111 uiuiKiw) against rus attentions to the French maid "and forbid uis comim; on his I Dawson's) premises again. Me llow replied, and called Dawson a d d scoundrel, and ordered him out of his flic, when Dawson struck him on the head with a cane, Hnd he shot Dawson. s Dawson fell exclaiming, "Vou have killed me," McDow replied, "Yes. d n ou, I have; you came to kill me, and 1 live kyled you After killing Dawson. McDow drnirired his body to a closet under the stairway ...... iieu 10 iiirjiij out milling mat ne could not do it, dragged the body back to his office and laid it out, after which wqied off the blood with ,a towel brushed his clothes, and then surrendered nuns, it to tlic riuliccpian. Dr. McDow told t lie story of his killing I apt. Dawson twice to-day, once on di-1 ivvv ami umn ui. eiusa-cAuiiiiuuiiun. i He wus 011 the stand for two hours and was ns white as a'shect when he begun I 1 testify, but before his storv had halt ucen 10111 uc oecame periectly calm ana apparently unconcerned. In all of his recital of the details of the tragedy he wus leil ny Ins counsel, uilge Mairrath.l ami testified to lust what his counsel isiicu. 1 Here were several snats be- ween the counsel for the State and the lefense as to the leading character of the examination, hut the court generally bus- I milieu 111c oeiense. Dr. McDow said that Cant. Dawson I came to his office, rang the bell and was kry towards the colored people in that re admitted by him. Dawson, he testified, Kion. The President thanked them for as very domineering in hs manner and I arned him that he must not siieak to the French maid again or come on his he could towards all classes. He recom premises, McDow replied that he would mended the conservative stand tnVm l.v speak W her whenever he chose and until uc (oawsi)ni eouia snow nis autnority for forbidding him to speak to her; that Duwson then said to witness that he would publish him in the pnix-rs, where- upon lie (McDow I denounced him as an infernal scoundrel and ordered him out of his office. Upon this DnWson stru:k him on the head willi liis walking cane and iliowcil it up with two blow from his and, when he (McDow I, believing him- self to be in danger of his life, shot Jiim. .'t.wnoii, me witness mini, cxciaiiueii in i hall articulate tones, "You have killed The witness replied, "Yes, d n you, you came to kill me, but I have and Texas Pacific, New Orleans and killedyou;" and with, thut Dawson died Northeastern and associated roods, un immediately. der the name of the Oueen McDow said he was so annulled bv the! eueei 01 111s snoi mat ne wouiu nave re-1 suscitated Dawson if he could. He then I ried to bury the body in the closet under the stairs, but failing in this, dragged his I ..:..:..... 1....1.. K....1. . : i... ..4r.. I VII. I. II n ..'.IV UUCK MUtllll UILU VIIC OIIICX, I wijicd the blood from his face and finally, iter two or three hours, surrenusred himself. The witness was not excited in giviuE his graphic accrtuut of the" tragedy. Alto gether it was a horrible story, and told calmly and almost unconcernedly. What the effect of McDow's statement will be on the case no one can tell. The State will take up the case to-mor- .i ...:n 1. .1.1.. - .u - l rt of tte weefc I , I A NORTH CAROLINA HOY Securest a tteholarahlp at the Vnl. vemlty of Virginia. I Chaki.ottksvii.i.b, Va., June 20. This! wascomme cement day at the Univer- sity of Virginia, and degrees were con- ferred and diplomas awarded in the . ' . . I presence ot the faculty, board ot visitors md a large ossein hinge. The meeting ot the alumni society was addressed by Henrv F. Kent, of St. Louis, on tht anger of unrestricted immigration and the want of a stronger national spirit. iov. Lee, ot Virginia anil ex-Uv. Wall, ot Alabama, made brief addresses in response to niKratcU caiis. Senator iorinan, ot Maryland, was chosen the next alumni orator, flic Corcoran schol - arshiif wnsawardcdtoJamesC.Southall, of k ehmond, Va., the Isaac Carey scholarship to A. L. Bondurant ol Mount Vincova, the McLormiek scholarship to H, Fry of Gieensooro, N. C, and the Miller scholarship to Ino. D. Liadsley, of Charlottesville Va. HurprlHliiK Olid DlHtreHHlng, Kai.ku-.h. N. C, June 20. The Board if Directors of the State Insane Asylum met here in siieeinl session to-day to in vestigate the serious charges which have eeu made against Dr. lutgene Orissom, suiieriiiteudent of the nsvlum. The urges are brought bv the steward anil ibsistjnt physician ol the institution, ind include allegations ot immorality uul misappropriation of funds, and 8up lies, and cruelty to patients. I he Hoard adiourncd alter hearimr the com plaint and will investigate the charges to-morrow. Vmlverttlty Commencement. Cou'Mmia, June 20. The commence ment exercises of the University of South Carolina took place to-day. The annuul address was delivered by Hon, lidward Atkinson, ol Massachusetts, on the con sumption limited, production unlimited. 1 he graduates included three Masters ot Arts, fourteen Bachelors of Arts, seven Bachelors of Science and twelve Baehe - lors of Law. Ldwurd Atkinson received thc honorary degree 01 Doctor 01 Laws and Kcv. K. is. wells, ot this State, that of Doctor of Divinity. Death of an Old Vlriclnlan, Richmond,1 Va., June 20. Col. Sherwin McKne, formerly a prominent lawyer, nn cx-mcmlicr of the legislature from lleniico county, comnilcr of State records. I nnd ot late vears connected with the State Library, died hereto-day, aged eighty-four vears. He was, it is said, a descendant of Pocahontas on his mother's side. Captain and II U Wife Drowned. IlKL.WVAKK IlKKAKWATKR, JuilC 20. The (learner William K. MeCalie ran into and sank the schooner lessie W. Knight. oil' Sharp's Island in Chc8uteukc Bay, at 1 a. in. yesterday. The cantain. his wile and one of the crew of tne schooner were drowned, lite slcumcr wns not in j'll-Cll. ' lliirniuit of a Tannery. IIknicia, Cal., June 20. The Pioneer T,,,,,., v I l.u M.-L'nu Jir n.i.lw.lm exceed $200,000; insurance $37,000. Ex-Menator Cameron Dead. Lancasthr, Pn., June 20. Gen. Simon Cameron died nt H o'clock this evening. PHELPS APPOINTED TO tl'CCKKI ' "GENTLEMAN GKOKCE" PENDLETON. Am Knvov Extraordinary and Mlu. itt.er Plenipotentiary at the German Court FartoaaOver nliafter'a Appointment. Washington, June 26. Special. The majority of the North Carolina Republi cans here are furious over Shaffer's ap pointment to the Kaleigh postoffice. They say it was virtually promised to U)gc Hams, and they speak of making an organized effort to defeat Shaffer's confirmation by the President The charges against Geo. French, re-' cently appointed postmaster at Wilming- ton' have been successfully answered, and ' I saw his commission on the way to the ' v lute House to be skmed mnm, Gkanville. Washington. lune 2fi HnA fr.- to-dny aggregated $139,650 at 123 for lours, and KHi'i. for lour mil huiu The President to-dav anoointrd William Walter 1'heliis. of New Icrsev. Aim . v"uiniujr auu minister plenipotentiary of the United States to Gcrmanv. T he President to-dav anuointed thefok. lowing postmasters: Wm. E. Clnrk nr w uerne, is. l.., vice Matthias Manly, removed; 0. D.Foster at Fredericksburg! Va., vice Frank L. Forbes, removed. Senator Bruce and Fourth An.lltnr Mr ncn neuded a delegation nf mL orea representatives who wnitt nn the President to-day and presented 'ah address adopted at the lackson Mia conierence on June 12, in regard to the uouiicui situation in the South, and the r utmost confidence in the President' noL their confidence, and said that they could rest assured thut he would Ho thi- Int them, and said they would have hit as- sistance in every endeavor to improve their political status. The examination of witnesses in the case of New Orleans Cotton Exchange vs. the Illinois Central Railroad CA, on hearing before the inter-state commerce commission, wasconcludedthis morning, Owing to the fact that the questions raised in the case next to be coniHmil are in muny resnects identical with tho in this case, argument was deferred until .uc cviiience in ixiin cases is completed, The case of the New Orleans Cotton Fr. -mange vs. the Cincinnati, New Orleans System, was then taken nn At hrn,i. siou 01 tailing testimony the commission adjourned until to-morrow when the arguments will be made on th- tun cases in which the evidence has been sub- IllllltU. A TRIPLE COLLISION Of Freight Trains on m Pennsyl. vanla Kallroad Meveral pen sons Killed Outright. PiTTsiiuitii. Pa.. Tune 28. A trinl collision of freight trains occurred near uatroue, t'a., lorty miles east of this - " - Ji "s city, on the Pennsylvania Railroad about2.3Q o'clock this morning. Thirty --'" n.iv ninsm, ctliu BCYCU UCTSOnS killed, lour ol them unknown. The freight train, west hound Uft 1 nt,u I and had just reached the bridite about thirty yards west, when it collided with an extra freight train coming in an op- r , . ,cuon- Another east bound was. naing on the side 'r8VK on t"e uruige, anil the wrecked frams gashed against it, causing one 1M.iimnfi ipss nnA a .... ..u,.., , cars 10 go """",'""v,, lu crees, a mstunce 01 n.ty icet. engineer Caldwell "nu ' . . - . were ""i'"0. to nave r? - ", ,nBnt'y. 1 heir bodies are - , "K "Kema" M".er was jV t a et uul "'""'J' tramps were " ' W , . . U9 hulii- " .'""""j vncm. 1" wcre " nDC "na were """m wc"- 1 De the accident bailno1t ,ea,rned; .. ' . v .,.,uuv"i".uny wmue V, -.' ii.".i.vuiuicniiiunj) roi a airoue, states that a. l,url ul "" worxmen irom johns- town were stealing their way home on ths freight train when the accident, oc curred. The wreck cuuuht fire from a lime car and the men were cremated. The story is not credited here; and the Pennsylvania railroad officials know nothing of it. Two men injured in the accident were brought here this afternoon One of them, named Flanagan, says he is a Johnstown Inborer returning to Pitts- ourg, ana that twelve persons were on the cur with him when the accident oc curred. He knows nothing of their fate. nis companion is unconscious ana pruu- aoiy mtiiiiy nurt. Condensed Teleirrama. , Chief engineer Wm. H. Hunt, (retired). of the navy, died at Washington last night. He was placed on the retired list in 1871. Lieutenant Edward P. Turner was ac quitted of the nturder of his brother-in- law Kobeit Hournoy, at Warreutou, va., yc,steruuy. Fire Alarm Foruker was rmnminniH I for Governor of Ohio by the Republican 1 state convention at Columbus vesterdav. I E. L. Thompson was nominated for lien- 1 tenant governor. Geo. B. Ormsbv. dismissed from tt navy, hus brought suit against the gov ernmcnt for $100,000 damages. The pa pers in me ease were- served upon secre tary Tracy, of the Navy Dcunrtment. yesterday. Commodore W. S. Schley, chief of the bureau of equipment and recniitinir.NRvv I Dcpaitment, hus resigned and will be as- signed to the'eommuadofthe new cruiser Baltimore. By his resignation Sehlev drops r.om the rank of commander to captain. nonlanser'a Pension Mopped, Paris, June 20,-The Figaro says: "At the request of the senate committee, which made an investigation into the charges against Gen. Houlunger.the pay i ,,(' il.. 11,, ,,i, u . lK-en stojiped. Gen. Boulangcr will bring suit ngainst the government to compel payment. - v v Don't Want Ueronlmo Back. ' Chicaco, June 20. A special from Tuc' - 1 son, A. T., says: The entire territory is up in arms against the proposition to re move Gerommo and his Apache murder ers from the east to Arizona. The peo ple ull stand by General Miles' policy, which has given the territory peace for three years.
Asheville Citizen (Asheville, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
June 27, 1889, edition 1
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