Newspapers / Asheville Citizen (Asheville, N.C.) / Dec. 1, 1903, edition 1 / Page 1
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KP'n9 everlastingly t it jrlns wee,' I the beat ,mwii advertising motto in the werloV - - ftm ASHEI 4. i reiirw .The actual lreu Istlen ef The Cltl ten yesterday was 3086. Vol. x!x. No. 149 ASHEYILLE, N. a, TUESDAY ISORKIXS, DECEMBER I IS03. .PRICE FIVE CENTS ILL VERDICT BE MURDER IN THE SECOND DEGREE? s! tit tEE art dge Jones' Able and Impartial Charge to Jury In Jay Case Points Strongly to Conclusion That Such Will be Finding of Jury Today Thi Charge In Detail. ollcltor Brown Tells the Jury Not to Turn the Accused Loose Bui to Send Him Away Forever Glenn's Summing Up Insanity Plea May Pre vail. The Jury In the Jay trial unnounced hat It would not render a verdict till mlny, and went to bed Bhortly after nidnight. l-'rom a careful persunl of Judge Done ubie. cnarge 10 me jury n nm predicted that the verdkt will be: "Murder in Second Degree." BALTIMORE P. 0 GRAFTERS ON TRIAL Ilnltimore. Md.. Nov. SO. The trial of Thomas V. McGregor and Columbus hllsworth Upton. puMtoftice department employed, charged with conspiracy defraud the 1'nited Htates government on contracts for mail ouches, wax he gun lu the United Htates court to day. Ilefore.the Jury was aworn counsel for the defense offered two motion, one to ciuaxh the Indictment,, and the other to require the government to elect upon which count In the Indict ment the government Intend to pro ceed. Iloth motion" were over-ruled by Judge MorriH. STILL FLAYING GENERAL WOOD General Brookes Unloaded an "Earful" of Evidence Don't turn him loose; send him way forever." These were the word ttered by Solicitor Mark V. Brown In losing the state' case against Dr. J. Jay, who la charged with the mur- ler of hi three children on the seventh lay of October, and whose cae before he Superior court was concluded last iKht, the evidence going to the jury fter an able nnd Impartial charge by mlge Jones nl 8:45 o'clock. The solicitor. In a masterly argument or the conviction of hi prisoner, ask J for a verdict of murder in the first legree or nothing, as he termed It, be Iven. HI arguments, which began t four o'clock yesterday afternoon, nsted until 6:30 last evening when a ei-ess was taken until 8 o'clock. J. Frazler Glenn, who assisted Solic tor Bm' rturlng the trial, was the irst attorney to sum up the case he session or court yesterday morning, lis arguments lasted about un hour, le viewed the case in Its various bases, reciting several parts of the estimony, and cited decisions to trengthen the state's case. He was illowcd by Counsel II. n. Carter, one tf the attorneys for the defense.; He iiirte n. most eloquent plea, for an nc- uittal of th. lu-isouer, based oil the rounds that the defense had estab- ished a cusp of Insnnlty beyond n rea- mable doubt.' Court re-conevened at 2: IS and then 'ounsel William J. Cocke made a mas erly argument In behalf of his client, io concluded his address at four p'clock. Solicitor 'DrowA-then closed the case for the prosecution. He mane i strong anneal to the Jurj. In which he asked for a verdict of murder in Continued on Page 6. CLASH BETWEEN CHURCH AND STATE San Juan, P. It.. Nov. 30. The rtev Felipe Vlllahose. a Spanish priest of the Catholic church at Sumacao, hu been convicted by the district court of a violation of the civil marriage law li marrying a couple without a license, and has been sentenced to pay a lint of $200 or to the alternative of sixty day in Jail. The veiy Kev. James Blenk, of Porto Rico has appealed to Governor Hun to pardon Father Vlllahose, which ap peal the governor now has under con sideration. In Justification of his action. Father Vlllahose claims that the laws of the church arc above the civil code relat ing to marriage and says that hu course has been approved by Bishop. Blenk. This Is the first approach to a HOlous clash between church and state since the occupation of the Island by the. T'nlted Blales, though there has been other cases In which defiance of the civil marriage law has been shown The feeling concerning the matter is intense and the decision of Governor Hunt is eagerly' awaited. TWO WERE KILLED. Cincinnati. Nov. 30. Two men were killed and one fatally injured in a col lision between a easlbound freight and a work train on the Norfolk & Kest'?rr toad, east of Poi tamouth today. COLOMBIANS ANXIOUSLY AWAIT RESULT OF GEN. REYES' VISIT Colon, "Nov, 30. Luis DeRix. who was a member of the Colombian house j of representatives from Panama. who made a speech In the house October 2, warning Colombia to sign to the Bay Herran canal : treaty Immediately or ehe would lose the isthmus the day congress closed, "who left Bogota for the Isthmus November 21. has arrived here. M. DeRlux on account of his well known views was subjected to much unnovance while in Bogota ana was several times threatened with violence. Bogota and the entire country of Colombia la waiting to hear from Gen eral Reye.' as to the result of his mis sion to Washington. Public contri bations are being made and decrees are occasionally Issued, referring to warlike preparations. Colombia pos sesses a great number ot goou rmes. some artillery "nnd a ample supply of ammunition. Colombia has not lost the idea of making an. attempt to re-. gain the .isthmus. She still retains hopes that General Reyes will succeed in effecting a satisfactory arrange ment at Washington. Falling this the Colombians, 'it: 1 believed, will un doubtedly advance on 4-he isthmus, sending troops" in small parties of two or three, hundred along both coasts, sufficiently inland to keep their move ments secret and on arriving on the borders of Panama they will, it is said, begin a guerilla warfare, pillaging and burning. SORRY THEY DID IT. Washington. Nov. 30. It is learned that Mr. Beaupre, our minister at Bo got. has received weveral different propositions from the Colombian gov ernment since the publication of cor respondence, each containing some in direct method of .rectifying what the Colombians themselves now regard as a fatal blunder of permitting the Hay Herran treaty to expire last Septem ber. Mr. Beaupre for his part Is using his best efforts to make it clear to the Colombian officials that the treaty Is dead beyond resurrection,' and that he cannot even conduct negotiations look ins to the acquisition from Colombia of a right of way across the Isthmus, lo cated In an independent republic, over which Colombia has no authority. OF MORE OR LESS DAMAGING NATURE Brookes Is Very Careful to Inform Court EIGHT HOUR DAY IS LEGAL LIMIT Such Is Decision of the U. S Supreme Court LAW OF STATE OF KANSAS HOLDS GOOD THAT HE HAS NO "AXE TO GRIND" BUT IS ANIMATED BY ONE LARGE DESIRE TO SERVE HIS COUNTRY. Washington, Nov. 30. Major General John It. Brooke, (retired) former gov ernor general of Cuba, today gave testi mony before the senate committee on military affairs which charged Insub ordination against General Ionart Wood. Brooke was before the lommlt- tee more than three hours, and occupied the entire time in telling of General Wood' conduct at Santiago. Witness offered In support of his statements, many documents taken f:om the re cords at the war department, and sev eral papers from bis personal collection. At the close of his testimony a mem ber of the committee said that It If probable General Wood will have to re- Court Rendering js Important Labor Victory JUSTICE HARLAN DECREES THAT THERE IS NO GROUND TO DIS PUTE POWER OF STATE TO LEGISLATE Washington, Nov. 10. The Cnlteil State Supreme court today affirmed the constitutionality of the eight-hour law of the State of Kansaa relating to labor on public work. , Justice Harlan said that if the statute is inischevloua responsibility rest with the legislators and not with the court Chief Justice Fuller and Justices Peckham dissented. The Kansaa law whose validity was ailed Into question in the suit was en :ict cl in lS91and provided that eight house should constitute a day's worn for workmen employed by, or on be- HE DENOUNGES POSTAIFRAUDS President Roosevelt's Review ot Brlstow Report THREE NEGROES LYNCHED BY ANGRY LOUISIANA f.10 DISCLOSES GROSS CORRUPTION IN OFFICE 01 First Assistant General and Others ALL OFFENDERS HAVE BEEN IN GOVERNMENT SERVICE FOR YEARSQUESTION OF PARTY POLICY SUBMERGED. urn from thp Phllinnlnes anil testifv. One of the charge made by General :" " lnH uy any county or Krooke is that General Wood violated the ouler which required him In making improvement In Santiago, to submit estimates to the governor general. As evidence of this violation General Brooke called attention to the building uf barracks at 8antiugo near the llorro, without General Wood first having giv en notice to the department at Havana. General Brooke said also that Gencia' Wood continually sent communication to the war department over the head of his commanding officer. The wltneva assured the committee that he cared nothing for the Ignoring of hia authority, but said that the pro ceeding had been detrimental to mill- iry discipline. General Brooke called to thP attention of the committee, that General Vood hud neglected to work In harmony with the department at Havana, and his nr tltude towards the newspapers in San tiago which continually made attacks on General Brooke. General Wood was instructed to pro hibit the publication of such articles uring the period of military occupa tion. He-also read a communication om General Wood to the war depart ment, which General Brooke said was sent over his head to Washington. Major Rathbone was before the com mittee fo" half an hour this evening. The committee adjourned as they de- ired to have additional witnesses sum moned and a result of n conference a umber of subpoenas was issued. Th ommlttee adjourned until Thursday. city or other municipality in the stato It als.i prohibits contractor fiom re tuiiing laborer engaged on work for the Mate to perforin,- more than eight hours labor In a day. Both line and Imprisonment are provided for violation of the law. ' The cases decided today wa that o; W. W. Atkins vs, The State of Kansas Atkins had a contiact with the corpora lion of Kansas City; Kas., lor paving and he was charged -with requiring workman named Tteesd. to hibor ten hours a day. He wa prosecuted In the State court where the decisions were uniformly against him. Atkins appeal cd from the decision of the State Su pretne court to the Supreme court of the Cniled State alleging hut"iie statute Is in violation trf the liist sec lion of the 14th amendment to tho con stitution, In that It denied lilm the pro tection ' of" law -und 'rSdrlved ' htm of property without due process ' Justice Harlan In closing said: "Whatever may have been the motives that controlled the enactment of the statute In question, we can Imagine no possible ground to dispute the power of the state to declare that no one un dertaking work for It or for one of Its municipal agencies, shall permit or re quire an employee on duuh work to lii bor in. excess of eight hours a day, and to Indict punishment upon contractors who discharged such a regulation. Washington, Nov. 29. The report of Fourth Assistant I'oslmaster General HriHtow on the fraudulent practice In the post office department together with President Roosevelt' review and com ments on tho report were given to th press for publication today. The ment ouiudum of President Roosevelt on the showing made by Mr. Bristow follow: White House. Nov. 24. 1902. Memorandum upon the various pa pers submitted from the department ot justice and the postottlce department concerning the Investigation into the corrupt practices obtaining in the post office department, notably In the office of the first assistant postmaster generul and In" the office of the assistant attor ney general for that department. All the documents In the cose are herewith forwarded to the postoftlce department, and will be held ready for submission to the congress when it may choose to ask for them. It appears that In December, 190?, Postmaster Generul Payne and Con gressman U. F. Loud, chairman of the committee on the postoftlce and pot roads, held various consultation la garding the postal service, and, as a re sult of these Interviews, It as deter mined that, as soon as possible after the necessary appropriations could be made by the congress, an investigation and the time when It shoirid take place, Accordingly, an Increase of $5,000 In the appropriation bill reported in January was mnde for the express purpose of lion. The reasons for the Increase In the- appropriation were known only to the postmaster general, to Congressman Loud and to Congressman Bromwell. Subsequently, sometime In January, Information was laid before me by Mr. Seckendorff tending to show improper conduct by Heavers, general superin tendent of the division of salaries and allownnces, and Machn, general super intendent of the free delivery system. and by Mr. William AWen White, tend ing to show corruption by or under Tyner. assistant attorney general for the postoftlce department. First Assist int Postmaster General Wynne also In Continued on page 6) NOW IT'S GERMANY RECOGNIZES PANAMA Washington, Nov. SO. Germany ha recognised the Republic of Panama aa a sovereign and Indeiwmlcnt state. Baron Von Dein Husche-Haddenhsus-en, first secretary of the embassy, and charge d'affaires, today addressed n note to M. Bunuu Varllla, the minister from Panama, informing him that the German government having received his notification of the creation of the new republlc,aiul his formal assurances that Panama assumed and would ex cute all obligation contained In the treaties between Germany and Colom bia, wo far a they affected territory over which Panama Is now sovereign, his majesty, the emperor, and king, ex tended full recognition to the new re public and best wishes for it pros perity and long life. In the Presence of 1,500 Spec tators Alleged Murderers Were Hung Yesterday After noon-They Were Accused ot Having Participated In Shoot ing of Robert Adger. P. O. APPOINTMENTS ARE INVESTIGATED Omaha, Neb., Nov. 30. The federal grand jury resumed its Investigation of alleged bribery in connection with posloftlce appointment. The wanner of appointment of the postmasters at Alma, in Harlan county; Arapahoe, Oiiean., and Oxford, Neb., la now be fore the jurors. Elliott Lowe, a mem ber of the last legislature, 1 one of the Inst witnesses called. Lowe. I alleged to have been given the privi lege of making the apiointment at Al ma in consideration of his voting for certain senatorial candidates. Senator Deltiich is still at hi home in Hastings and his attorney, John C. Cowin, stated today that he could not tell when the senator would appear in court. Negroes Confessed Their Guilt Before Death They Said They "Were Trying Their Guns" and "Thought It Nit urar. to Shoot Adger-Had Chance to Pray. DURAND AT WASHINGTON Washington, Nov. SO. Sir Henry Mortimer Durand. the new Brltis'.i ambassador, arrived in Washington this afternoon at 4:30 p. m. He wan met nt the station by the entire em bassy staff, who escorted him direct to the embassy. The ambnssador expect to call on Secretary Hay tomorrow, when a date for his presentation to the President will be arranged. REYES CLOTHED WITH POWER Washington. Nov. 30. General Reye Is clothed with powers to make repre sentations to the United States and tc confer with the envoys of the Lath. American countries at Washington, li? an effort to obtain a peaceful settlement of Colombia's troubles with the people of the Isthmus of Panama, and If pos sible means whereby a canal treaty may be ratified by Colombia and the United- States and the actual construc tion of the canal be begun in accord ance with the terms of the conevntlon. He is accompanied by General Pedro Osbina, General Lucas Cabellero. Geo Holguin and Jose Arngulo. Cowardly Assassin Shot Through Window Victims Louisville.' Ky., Nov. 30. A special from HodgenvtUe. Ky., say: Two men were killed, one mo: tally . wounded and another seriously hurt in the Pikeview neighborhood of Hardin county last night. The dead; Squire Osborne. ' tave Osborne. Will Gardner. Wounded: John Bennett. The alleged murderer. Custer Gard ner, a young farmer, was caught at niitabethtown today after a desnerat "truggle. and wa taken to Munford ville and lodged la JaiLv - - . - , Under cover of darkness, while the intended victims were sitting around the fireside, the assassin crept to the window of the room, and placing hi Winchester near the glass fired several titnoa Snuire Osborne fell to the floor dead, his head torn almost off. Hia son ... . v. . A b K thpn,ih lha heart and Will Gardner was wounded in the abdomen. John. Bennett' left arm was shattered by a ball, v Snuire- Osborne is a district magis- te. The trouble had It invepiency in V family quarrel, wnicn aeveiopeo intoX fractional fight. Gardner has heretofore borne a good reputation. j Trying to Smoke Him Out. STAYED HAND OF DEATH. Hamilton, Ohio, Nov. .10. The Circuit court hn granted the motion for a stay of execution of the sentence of death passed upon Alfred A. Knapp for the murder of his w ife. The execution was set for December 11 and a stay ha. been granted fo rthirty days. Khreveport, La., Nov. 30. In tha presence of a crowd of about 1,(00 per son, composed of n eg roe and whites. Phil Davl. Walter Carter and Clint Thomas, nil negroes, were lynched this afternoon about one o'clock within a short distance of Belcher, which la 30 miles from HhreveporL Th men were executed for participating In the fatal shooting of Robert Adger, one Of the most popular and Influential business men In North Louisiana. The negroes all conefeased tbelr crime before being hanged. They stat ed that they were trying their tuna and w hen Adger appeared on the street thought It quite natural to turn the gun on him. Ko shot were fired at the lynching, the negroes all being hanged to a alrwrle limb of u tree. Two negroes under arrest. Sam lie and Peter Thomas, were released. Le proved that he had attempted to pre vent the negroes from shooting Adger mid Thomas established the fact that he wo too frightened to shoot. " 1 Phil Davis and Walter Carter were cai iui'e.t yesterday .evening - several miles from the vene of their crime, tilnt Thomas wa caught later about a mile and a' half from Belcher. The negroes were taken before Adger and confessed their crime. They were held In concealment until shortly before-one o'clock today, 1 when they . were taken o it and-liajtffd. ;, ; Davl I naid to be an ex-convict and Walter CaiUlr wa forced to flee from Mansfield, La., about a month. Thom as 1 said 0 have a bad record. The negroes of I richer joined In search for the men and were apparently aa eager to have tle:n lynched as the white. One negro -wa presented by the white with a purte of nearly $100 for the part he took In the search. , .-- t' The negroes were given an oppor tunity to pray be for being hanged. . ',' EDITOR ARRESTED -!. i ' I .S Montgobery. Ala, Nov.-80. John C, McLendon, of Louvern, editor of the I.ouvern Journal, was arrested today on the charge of causing John Foster to be held In peonage. He I held In 3500 bond for his appearance. ' . CITIZEN'S VOTING CONTEST CLOSES NEXT SATURDAY EVENING The "calm which precedes the storm" was again apparent In the quiet prcgres of The Citizen's contest yes terday. A heavy poll Is expected dur ing the next few days. As previously announced, no votes will be received after 6 p. m. Saturday next. The vote stands: Dr. 8awyr 19,454 J. B. Well 12J512 R. P. Foster 9,420 Dr. L. B. McBrayer.. 2,851 Dr. Battle 2,272 Harmon Miller.-. 1,453 J. E. Rankin 1,143 W. C. Frank 1,120 Dr. M. H. Fletcher 944 A. Blomberg 887 Dr. Meriwether.. 733 Dr. Hilliard 683 Dr. A. M. Ballard 627 Dr. Cha. L. Minor 550 Dr. Jordan 541 A. Whitlock 506 Dr. J. T. Sevier '. 500 Dr. Millender , . ., s v. . - 500 J. J. Yate 390 Cha. G. Lee 360 Jno. A. Nichols 322 W. B. Gwyn 260 Dr. Linn 243 Dr. Paul Paquin 235 Penrose Baldwin 235 Dr. Prioleau 208 T. A. Jone. . ...... ... ... 201 J. H. Loughran.. 191 Rev. W. M. Vine 185 Wm. Kroger 137 Hiram Lindsey 137 W. C, Scarborough. . 124 O. C. Mill... ... : , . 124 M. H. Kelly 115 Dr. Dan Sevier 114 Clarence Clapp. . . 105 E. P. Gilkie ... ... 102 C. A. Raysor .. .. . . 100 m. L. Stockton.. . .. ... ... , 400 Rules of the Contest. tr Coupons must be cast within One week from date printed thereon. The contestants ipuat be residents of Aahevllle or its suburbs for at least a portion of the year and be regarded as sucb.and must be either professional or business men. No attache of The Citizen will be allowed to enter or participate In the . contest. No coupon will be accepted unless cut from The Citizen or issued U sub r. rlbers under the conditions govern lag tmj contest. -A subscriber paying 31.00 or more upon his subscription will receive a ' special coupon giving him one hundred votes for each dollar so paid. If an old subscriber secures a new subscrip tion, both the old and the new sub scriber will receive 100 votes, for each dollar paid by the new subscriber. No copiei of The Cltlsen will be sold during the contest except at the regular price. . The name must be plainly written on each coupon, and where coupons are voted In numbers exceeding twenty-five, they must be counted ' In bunches of 25, SO or 100 and properly marked. . . j . . All coupon voted must be registered before being deposited in the ballot box, for the convenience of the contest editor in tabulating the vote. ' Vote registered before p. m, aiU be counted and the report made u for the day. Coupons received after p. m.. will be counted with the next days vote. ' . . ' CITIZLN VOTING COUPON This Coupon is Good for One Vote for As the Most Popular Nan in Asheville, DECEMBER 1 Cut out and deposit in the bsllet beg at The Daily Cltlssn i'r f. .si f P i I ?
Asheville Citizen (Asheville, N.C.)
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Dec. 1, 1903, edition 1
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