I THE ASHBVILLE CIT
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PAGES 1 TO I.
PART ONE.
VOL XXI NO 42
ASHBVILLB N. C SUNDAY MORNING NOVEMBER 26 1905
PRICE FIVE CENTS
The Only Associated Press Newspaper in Western North Carolina
NOT ONE DROP OF NEGRO
BLOOD FLOWS THROUGH
. VEINS OF
Declares State of North Car
olina as She Opens Schools
to White Children.
PLAINTIFFS SECURE VER
DICT IN FAMOUS TRIAL
Jury Only Out Fifteen Min
utes and Render Verdict of
Far Reaching Importance
With tears in his eyes and a voice
which quivered with emotion Theodore
Graham, gray haired and venerable
with years, shook the hand of every
juryman who yesterday . afternoon
Btamped under foot the odious charge
that the blood of the negro flowed
through his veins and the veins of his
children for three generations. ' I
thank you, gentlemen," said the old
man, "every one of you- I can't tell
you how happy I feel."
It was a dramatic ending to a note
worthy trial and when the clerk of
the court read out the verdict which
was to the effect that the Graham and
Gilllland children were of the white
.race and entitled to attend the white
schools of Buncombe county it was
evident that every person in the court
room endorsed that verdict.
Mr. Craig's Defence.
The entire afternoon session was
given over to the closing argument for
the plaintiffs by the Hon. Locke Craig
and seldom has Mr. Craig appeared
on the floor of a court room to greater
advantage. His delivery was forcible
and his argument convincing. In the
course of his remarks Mr. Orals scored
Mr. J, D. Murphy on the "hand inci
dent" in Thursday's proceedings when
he (Mr. Murphy commanded ir. The
odore Graham lo hold up hl hand?,
and asked the witness if he had ever
seen a North Carolina white man with
hands as black as his. "The disdain,"
said Mr. Craig, "with which the wit
ness passed over the unfeeling ques
tion, and the silenre which fell over
this court house gave evidence that
the old man possessed dignity as well
as delicacy of feeling, and that there
were still left in Buncombe county
some men with human heart?. Mr.
'Theodore Oraham, I uncover to you."
"Accepted Their Blood."
Another telling point made by Mr.
Craig was his declaration in regard
to the attitude of the State. "The
State of North Carolina." he said, "'oy
accepting the blood of these men, who
answered when their country called.
Is now estopped from closing the doors
of our schools In the faces of thelf
children."
Another victim of Mr. Craig's with
ering fire was one Daniel Wells, from
whom, the speaker said, had come the
Hist hint or chargo that, the Grahams
possessed a negro strain. Mr. Craig
compared Wells to the serpent which
Is warmed in a friendly breast only
to repay the kindness with a sting.
"They Are White."
Mr. Craig closed his speech at 4:43
and Judge McNeill delivered his
charge. It was a clear one and also
Impartial. The judge briefly reviewed
the testimony and presented the points
for the Jury to consider. The jury
returned at 5 o'clock and found for the
plaintiffs by saying that they were
white children and were fully entitled
to attend the vhlt3 schools of this
county.
Judge Stevens Opens.
Judge H. A. Stevens opened the
morning argument for the plaintiffs.
He discussed the evidence from five
standpoints natural evidence, produc
ed on trial In persons, children and
family; second, documentary evidence.
He commented upon the receipt given
by Charles Moore, grandfather of
Judge Charles A. Moore to old Geof
frey Graham for board at his house in
122. Third, direct evidence. Fourth,
family pedigree. Fifth, opinion and
reputation evidence. Judge Stevens
made a telling point when In his dis
cussion of natural evidence he dwelt
Upon the fine, clear-cut features of
the family of the plaintiffs. "God,"
aid the speaker, "never created a hu
man being in the fine and gentlemanly
mould of these men. But in his mould
SOUTH CAROLINA COLLEGE
UNDER ARREST
(By Associated Press.)
CHARLESTON. 8. C, Nov. Si-Cadet
Oebourne, Riley, McAllster, Sei
bels, Richardson and Stewart, of South
Carolina, and Cohen, of New York, of
the fourth class of the South Carolina
Military Academy, are under arrest,
ubject to court-martial tor "chastis
ing" Cadet Leysath. of Orangeburg
county, on Thursday night. Yesterday
renin- the cadets were placed under
arrest, after a careful Investigating
by Commandant Simons, of the entice
THE GRAHAMS
ing he made a negro with a flat nose
and turned out Hps."
Judge Stevens concluded his argu
ment after speaking for one hour, and
it was remarked by some of his hear
ers that he had doubtless made the ef
fort Of his life. It was Judge Stevens
who brought the mandamus suit
against the County Bnurd of Kducatlon
In conjunction with his associate, Mr.
Anderson. The Hon. Locke Craig was
later brought In to take the plaintiff's
side of the case with them.
Mr. Murphy's Address.
Mr. J. D. Murphy followed Judge
Stevens and he opened for the defen
dants with the contention that the
plaintiffs were of mixed blood
and that In North Carolina mixed
blooded people were generally accept
ed as negroes. This controversy, said
the speaker, had existed for a century
and the fact that the Grahams had not
averted their rights sooner In the
comas should be conclusive evidence
that the plaintiffs had no rights. Mr
.Murphy then dissected the evidence of
the case, touched umhi the reputation
of the plaintiffs, and declared that the
general reputation had been that the
Grahams had always been considered
mixed Llooded. The speaker grew very
eloquent toward the close of his speech
for the defence, saying that unborn
generations would be affected by the
verdict. "You have a great responsi
bility, genetlemen," said Mr. Murphy,
"and 1 shudder when I consider what
the "-suits of a mistake made by you
would be." Mr. Murphy spoke for two
hours, and when he concluded court
adjourned till 2 o'clock.
Was Important Case.
So ended what might justly be re
garded as one of the most important
cases ever tried in this State. It was
important by reason of the fact that
this family had married and intermar
rlttl with some of the most respectable
families In this section. Public sym
pathy went mainly to the plaintiffs
and much satisfaction was expressed
on the streets w hen the verdict became
known. A pleasing feature developed
when It was learned that although
judgment for the costs of the case
were entered against the County Board
of Education, the plaintiffs and oil
their connect ions, many of whom had
come for more than a hundred miles,
refused to prove their attendance.
No Appeal.
No appeal was taken by the County
Hoard of Kducatlon and the board was
highly commended by several for ac
cepting the verdict in good spirit. The
ittorneys for the dt fense were Mr. J.
C. Martin and Mr. J.D. Murphy.
DISTILLERY CASE
STILL HANGS FIRE
(Special to The Citizen.)
GREENSBORO, N. C. Nov. 25. The
Od Nick Williams Distillery company
case, still hangs Are, after having
rounded out five weeks of existence to
day. At 5 o'clock District Attorney
Holton, having Jut completed a most
stirring argument, Judge Boyd said
that if the jury preferred, he would
deliver his charge, which would take
about two hours, after supper.
Several jurors Indicated that they
would prefer having a rest, and the
delivery of the charge was postponed
until the morning session Monday.
Seldom have two greater or more en
tertaining arguments been heard than
those made by Mr. Cansler and Mr.
Holton. Mr. Holton spoke for three
hours and thirty-five minutes.
MONEY FORWARDED.
S. Sternberg yesterday forwarded to
J. H. Schlff, of New York. 3f.l.56, the
amount collected for the Russian relief
fund In this city. In the list of per
sons making donations which appeared
In the afternoon paper yesterday the
following names were omitted: I.
Maries, $5: A. Blomberg, J10; Mrs.
Freedlander, J2.
FAIR.
(By Associated Press.)
WASHINGTON. Nov. 25 Forecast
for Sunday and Monday: North Car
olinaFair and somewhat colder Sun
day; Monday fair. Fresh southwest
winds.
BOYS PLACED
FOR HAZING A STUDENT
corps had secured the admission that
the seven Under arrest were implicated
in a special castigating of Leysath on
Thursday eevnlng. Leysath, on iThur
day evening, laid before the authori
ties of the academy, an application
for an honorable discharge from the
Institution, decalrlng that he could not
endure the hazing that was dealt out
to him by upper classmen. He stated
that tie was "made a servant of and
did hot care to stay longer. ,
The Investigation is not yet' con
cluded. . ;
MRS HARRISON
is killed in
auto: wreck
Wlfeof ex-Congressman Killed
In Accident on Pleas
ure Trip.
WAS PINNED UNDER
OVERTURNED AUTO
Other Prominent Members ol
Party Badly Injured but
Will Recover.
(By Associated Press.)
NEW YORK, Nov. 25. Mrs. Francis
Hurton Harrison, wife of former Con
gressman Francis Burton Harrison, of
New York, was killed today by the
overturning of an automobile in which
she was riding with a party of friends
from San Francis o. The car was run
ning down a steep hill In Long Island
City when a break In the steering gear
caused th? accident.
Mr. and Mrs. Ixturence I. Scott, of
San Francisco, and Charles T. Crocker,
aho of San Francisco, a student and
a brother of Mrs. Harrison, were In
ured. Mr. Scott suffered a fractured
rflb and is In a serious condition, hU
wife was rendered unconscious, but
ater was revived. Mr. Crocker was
bruised and the chauffeur slightly hurt.
Mrs. Harrison's neck was broken.
Mrs. Harrison was Miss Mary;
"rocker, daughter of the late Charles
Crocker, of San Francisco. She
was one of three children who divided
he fortune of -between $12,000,000 and
15,000,000. left by h. r father. Her
husband, Francis Burton Harrison, is
he son of Mrs. Burton N. Harrison,
he novelist, and Burton N. Harrison,
who was secretary to President Jeffer
son Davis of the Southern Confedera-
y, during the civil war. Mr. Scott Is
he Fon of the late Ervin F. Scott, the
Pan Franeiii ship builder.
On, Pleasure Trip.
Today's automobile ride was part of
Mrs. Harrison's program for the en-
ertalnlng of Mr. and Mis. Scott, who
re Intimate friends of the Crocker
family, and w ho came here recently on
visit. The party were riding from
New York to Hempstead colony, Long
sland, and It was about noon .when
he accident occurred.
,.The automobile had lust started
wn what Is known as Thompson's
111. This place Is a favorite sneed-
ay for automobiles. The chauffeur,
Mrs. Scott said afterwards. turnel
bout In his scat and remarked that
something was wrong with the steer-
(CONTINUED ON PAGE FOUR.)
Unet 6m As usual, here's th whole Bill family lining up for th grand
door open.
SEN. BURTON
FOUND GUILTY
BY HIS PEERS
Jury Returns Verdict fur thelo Attempt Was Made as a
Government In a 1
Counts.
Ix
DELIBERATIONS WERE
TWO HOURS IN LENGTH
For Second Time Kansas Sen
ator Is Convicted of Cor
rupt Practices.
(By Associated Press.)
ST. LOUIS, Nov. 2t. United States
Senator J. Ralph Hurton of Kansas,
this morning was found, guilty by a
jury in the United States circuit
court on all six count against him,
charging that the senator practiced
before- the postolflce department at
Washington while u United States sen
ator, to prevent the Issuance of a
fraud order again-1 the Rlalto Grain
and Securities company of St. LouIb.
The Jury wag out only two hours.
Tills is the second trial of Senator
Button on similar charges. The pres
ent allegations charging the senator
with making the agreement to prac
tice before the postofflee department
in St. Louis and with taking money for
the work also In St. Ixiuis. The sen
ator was found guilty In the pre
vious trial, but the verdict was re
versed by the Supreme court, because
It was proven only that compensation
was paid to Burton In Waashlngton
outside the jurisdiction of the trial
court.
Senator Burton was ordered to ap
pear Jn court- a 10 . o'clock Monday
morning, when, his counsel announced,
a bill of exception will be presented,
and an appeal asked for. Court then
adjourned.
All the time the jury' was out Hur
ton paced the court room with long
even strides. At 12:40 o'clock the
jury said an agreement had b"en
reached. Judge Van Di vanter took th
bench. Senatoi Hurton took his ac
customed seat at the table with his
counsel. His features were set, but
expressed no visible sign of emotion
from the time the Jury entered until
the verdict had been read. Senator
Burton, accompanied by his counsel,
went to his hotel. The senator was
permitted by the marshal to have his
freedom on the promise of his counsel
to produce t iiii In court next Mon
day.
.
AUTHORITIES
CLOSED EYES
ON FIGHTING
Kulo to Investigate Such
Difficulties.
COMMANDANT MADE
OFFER TO STUDENTS
Induced Them to Stop Hazing
by Promising Freedom In
This Respect.
(By Associated Press.)
ANNAPOLIS, Md., Nov. 25. To
day's session of the court-martial
which Is trying Midshipman Meri
wether In connection with the death,
after a fight, of Midshipman James R.
Branch was ve:y largely occupied with
testimony of classmates of the. accus
ed and members of the tlrst class of
the naval academy. The evidence was
Intended by the defense to show that
Branch harbored animosity against
Meriwether and persecuted him and
also that the existence of the practice
of fighting was known to, and In a
anner connived at by hlgn officials
of the naval academy. Prominent offl-
ers of the navy mentioned in this
eonne.tion were Admiral Wlllard H.
Hrownson, now commanding the cruis
er division or tne .Norm Atlantic
squadron and who was the predeces
sor of Admiral James H. Sands as
superintendent of the naval uendemy:
Capt. Charles J. Badger, who was sue-
eeded as commandant of midshipmen
by the pre cut commandant, Capt. (J.
Colvocor: sses. and Commander C.
C. t'olnhcn .d-'ctased, who preceded
apt. Ilu.lgrr In the same office.
Would Not Investigate.
It was testified that Admiral Brown
son, while superintendent of the acad
emy, had promised that, In considera
tion of the abolition of hazing, there
would be no Investigation of fights
sanctioned by the tlrst class.
Meilwether found a spirited cham
pion In his classmate. Midshipman
William H. Pashley. Pashley had
personal knowledge of both of the re
norts mailt) against Meriwether by
Branch on shipboard the Hartford, ami
later In Bancroft Hall. He said that
he himself would have fought under
the circumstances and that Meriwether
would have been an "outcast In his
class" If ho had not fought, and "worse
than an outcast" If he had refused
Branch's challenge. Fights, he said
have been going on for a long time
and he had never known anyone to be
reported or punished for it. Meriwether
hail at least one other fight during the
last term.
rush for choice seat when th
. OH, 50
BLUE OF YALE ONCE MORE:
TRIUMPHS OVER CRIMSON
OF HARVARD ON GRIDIRON
SERIOUS TROUBLE
AT SEBASTOPOL
Sailors Mutiny and Shoot Ad
miral Who Tries to Prevent
Them From Having Meeting
(By Associated Press.)
ST. PETERSBURG, Nov. 25. That
the outbreak at Sebastopol Is no drunk
en frolic, as was the case at Cronstadt,
but a seriously planned revolutionary
demonstration, was made clear by the
tone of an official statement Issued
by the admiralty tonight, declaring
that the sailors and several units of
troops were acting under the direct
Influence of the socialistic propaganda.
The statement follows:
"The events at Cronstadt have found
echo in the Black Sea fleet. Vice Ad
miral Chouknln reports that sailors,
under th inliuervec of the socialistic
propaganda, have organised at Sebas
topol a series of demonstrations. The
movement has spread to several organ
isations of the army. Vice Admiral
Plsurevskl was seriously wounded,
while trying to prevent a meeting being
held.
"The situation Is serious, though ac
cording to a report received at 6:30
o'clock this evening no attempt had
been made to pillage."
TROUBLE FEARED.
(By Associattd Press.)
ST. PETERSBURG, Nov. 25. In view
of the alarming news received today of
a mutiny at Sebastopol, the proceed
ings of the zemstvo congress at Mos
cow and other development In the
Husslan situation paled into Inslgnifi
cnuce. This formidable revolt in wnicn
sailors of the fleet, shore equlppages
and Infantry garrisons ore partlclpat
lug, appears a.t the present time to be
hevond the .nower of Vice Admiral
Chouknln. commander of the Black Sea
fleet, to control, as the dispatches say
nothing of counter measures being
taken or of the attitude of the other
regiments of the regular garrison.
ESPARTA WAS CAUSE
OF THE COLLISION
(By Associated Press.)
NEW ORLEANS, Nov. 25. Illume for
the collision between the United Fruit
steamer Esparta, and the United States
lighthouse tender Magnolia, while the
later was conveying President Roose
velt from New Orleans .lo the cruiser
West Virginia, was fixed on the Es
parta by Captains Kelly and Ueun, the
local Inspectors, today. Their report
finds that Captain W. H. Fields, of the
Magnolia, did not violate the rules gov
erning Inland waters, and that the Es
parta caused the collision by starboard
ing and attempting to pass the Mag
nolia when the Magnolia's red light
was In sight and by answering one
whistle to the two.
The Esparta. being a British ship and
Captain P. F. Arroyo was acting as
her pilot, the Inspectors state they have
no Jurisdiction over 'him in connectl'jn
with the collision.
The damage sustained by the Mag
nolia has been estimated at $25,000 and
the United States government through
Its district atorney here, has already
brought suit for that amount.
KAVANAUGH ELECTED.
MEMPHIS, Tenn., Nov. 25. Judg?
William Kavanaugh, of Little Rock,
was today unanimously elected presi
dent, secretary and treasurer, of the
Southern League, of Baseball Clubs.
James Palmer, of Nashville, was se
lected as vice president. The following
directors were named:
James Pa'mer, Nashville; F. P. Mor
rill, New Orleans: A. W. Crawford,
Shreveport, and E. P. Amerlne, Mont
gomery. Judge Kavanaugh was empowered to
draw up a playing schedule with the
understanding that the season 1 to
open on April 11.
WOMAN, AFTER ATTEMPTING SUICIDE, ; '
KILLS A DOCTOR IN HIS OWN OFFICE
(By Associated Press.) (
MONTICELLO, Miss., Nov. 25. Mr.
Jamea Birdsong, who shot and killed
Dr. Thomas Butler at his office here
this morning, is In jail and her hus
band. Dr. Thomas Birdsong, a well
known dentist, ha been placed under
arrest a accessory.
It Is believed thai Mrs. Birdsong In
her trial will eet up slander a the
ground for the killing, there having
been considerable gossip connecting the
uamee of the two for some day past
On last Thursday, after the woman
By Score of 6 to 0 Sons of
Ell Add Another Victory
to Their List.''
FUMBLE WAS DIRECT
' CAUSE OF THE SCORE
But For This Error the Con.
test Would Have Probab
ly Been a Tie.
CAMBRIDGE. Mass., Nov. 25. By
her quickness In seising the opportu
nlty afforded by a muffedypunt, TIe
today won the annual football gam
with Harvard by a core of t to 0.
The error, which was made by Nichols,
'who had replaced Foster at left half
back, occurred near the close f th
second half, and but for It, M even
Yale admitted, the contest probably
would have resulted as did those on
the same field In 1897 and In .
no score for either side. . . v
Harvard's unexpected ability to solve
and stop Yale's attack was the feature
of the contest. Etxcept for on dash
of 45 yards by Roome in the first half
and one of 15 yards by Morse In the
second half, the Yale gain were hort.
and nearly all were made by plunge
Into the line. The Harvard gain al
so resulted from mass plays, usually
with the famous tandem formation, the
only exception being a dash of 18
yards by Quarter-back Starr, who by
running the whole width of the field,
eluded Yale's end for that distance.
Play Brokn Uo.
Throughout the game end , runs,
quarter-back dashes and double and ;
delayed passes by either team wer
qulckly broken UP and frequently the v
runner was thrown Tor" by loss. Each -side
had to struggle time and again for ,
the necessary five yards. It usually
took two or three downs to cover the
distance. Yalo captured the ball three
times and Harvard took the ball away,
from Yale twice by stubborn defense.
Harvard reached Yale' 24-yard line
in the second half only to be sent back
five yards for off-side play. Thl waa
the nearest the crimson came to cor ;.
Ing a touch-down. In the first half.
however. Burr made a beautiful at-.
tempt at goal from placement, from
Ylale's 51-yard line, nursing It by a
few feet.
Scores On Fluke.
Yale's score came in the last ten
minutes of play. The hall had gone up
and down the field with neither side
able to make any long, consistent
gains. Hoyt sent a high punt to Nich
ols on the Harvard 30-yard, line. The
Harvard back, who had Just come Into
the game, muffed the kick, and Capt.
Shevlln, .who on every kick during th
game was down the field with marvel
ous speed, grabbed the ball th instant
It touched the ground. Tale had
twice before been held within Har
vard's 25-yard line, ibut Nichols" , error
seemed, to rap the fighting spirit of the
crimson players, and In ten rushes
Yale made the distance to th goal
line. Nearly all the Yale plunge for
the score were directed against the
Harvard left wing, where Montgom
ery had replaced Brill, notwithstanding
the fact that the burly Harvard tackle
was alble to run off the . field com
paratlvely fresh. . , , ,
Forbes had the honor of carrying the
ball over for Yale's only touch-down.
and Hoyt kicked an easy goal from a.
punt out. Neither side came within
striking distance of the other goal af
ter Yale eored.
Forty-three thousand . . person
watched the game.
NAVY DOWNS V. P I.
IN EXCITING GAME
(By Associated Pre,)
ANNAPOL18, Md., Nov. 25. The na
val academy football team today played
the last game of the season on -the
home grounds, defeating the team of
(CONTINUED ON PAGE 7.)
had visited the office of the dead man,
he went home and tried to commit
suicide by taking morphine, but physi
cians were quickly summoned and her
life was saved. Ehe waa In bed all
Friday up to the time when her hue
band left the home, but later a he arose V
from bed and went to th office of
Or. Butler, and after entering th of
fice, without a word began firing en
him. The fatal shot waa fired a he
waa going throgh the door. He fell
to the floor and the women fired three
more shots at htm, two of th bullets
pe titrating the man's heart. ,