THE EBHEVIIiLE CITIZEN
I -
; ri THE 72ATIir3. "
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WfthtaHorqe? Say So .I
a
In Oitixen Want Ads.
VOL. XXTT, NO. 215.
ASHEVILLE, N. 0., TUESDAY MORNING, JULY 16, 1907.
PRICE FIVE CENTS.
JUDGE LONG'S
COURSE MEETS
jt j ji .n.n.n. ji ji j j ji jt ji j .miji,
POWDER CASE
EXPLODES WITH
FATAL RESULTS
A Sort of Confession.
jAfcifs first
WITH APPROVAL
rUVYAYS
5 "UT
Special Counsel Retained for
Prosecution of Sou. Rail
way Co. at Raleigh
GOVERNOR GLENN
GIVES OUT 1NTERVEIW
Grand Jury Returns Addition
al True Bills Against
The Southern
(Special to The Citizen.)
RALEIGH, N. C, July IS. Gover
nor Qlenn announces the retention of
Ex-Governor Charles B. Ayiwk,
Speaker of the House of Representa
tives E. J. Justice, and 8. G. Ryan of
Raleigh, as special counsel to assist
Soljcltor Armlsted Jones In the prose
cution of the Southern Railroad com
pany for selling tickets at more than
th 2 4 cent rate, the case being the
true bills JuatTYeturned on which T. E.
Green, ticket agent. Is to be arrested.
No subpoena has been Issued for
Green, but it is expected at any time.
Evidently the delay has been in order
that the governor might get togeth
er the counsel to aid In the conduct of
the case. These he has now provided
and they and the governor were in
couTerehce some time today.
The governor gave out an Interview
this afternoon In which he heartily
approves the course of Judge Long.
He says a careful investigation of the
situation shows that a great wrong has
been done the state by the railroad
company and that he has felt It his
duty to address a letter to all the
judges of superlor'courts in the state.
In this letter he reviews the situation
and asks that, they properly Instruct
the grand Jury so that bills may be
returned in -their courts similar to
those Instituted In Wake. He tells
thm he does - not .-want the roads
mulcted in costs and expenses and of
such litigation but he wants enough
cases Instituted to test every phase of
the situation In the1 interests of the
people of North Carolina. He takes
the ground that the railroads should
all have done as some have and given
the new law a fair tent and says that
he had assured all of them that if
this were done and the rate was found
to be anything like ruinous to their
business he would call a special ses
sion of the legislature and repeal it,
giving them a rate that was fair.
He says he desires no conflict be
tween the state and the federal courts
and that there can be none if the plain
letter of the law is followed. The. In
dictments, he directs, he says, will
raise the constitutionality of the act
and the right of the federal judge to
abrogate it before declaring It uncon
stitutional. Late this evening the grand Jury re
turned additional true bills against W. 1
A. Pleasants, Morrlsvllle, and J. A.
Weathers, agent at Garner, both In
this county. The services of special ;
subpoenas on all these and especially ,
Green, In Raleigh. Is expected tomor-
row. Counsel for the corporation
commission In the original Injunction
proceedings are summoned here for a
conference tomorrow.
'
COSTLY FIRE AT
WASHINGTON PARK
f. s ..mi i ' I All the men mentioned by the sher
iff as having been seen in the jail are
(By Associated Press.) under Indictment.
WASHINGTON, July 15. The club M,Ba Alpe Bogan. a daughter of the
house and part of the grand stand at sheriff, w as the first witness. Her tcs
the American League baseball park, nmonv did not differ from that of her
Seventh street and Florida avenae, fatner
northwest, tonight was destroyed by
fire, and a number of small buildings itt t XA
in the vicinity were also damaged..
The fire broke out In the Maryland OCCASIONAL SHOWERS.
House, a hotel In which a number of(
guests were stopping. At the baseball (By Associated Prew.
park, besides the grand stand, other WASHINGTON. July 10 Fore-
portions of the park were damaged. . cast for Tuesday and Wednesday:
The Maryland Hotel Is one of the . North Carolina Occasion-
landmarks of Washington and was . showers Tuesday and probably
once used as a tarting point for stage . Wednesday; light to fresh south-
coaches to the east. Only the roof of a. west winds.
its building was destroyed. No one
was injured. Loss, about $20,000. '.4
SPECIAL GRAND WRY WILL
INVESTIGATE ROANOKE RIOT
(By Associated Pre.)
ROANOKE, Va.. July IS. There
hav been no further arrests of al
leged member of the mob which
Saturday night wrecked all the Greek
restaurants and shoe shining parlors.
Four men arrested Saturday night are
till In Jail.
The case has been set for trial on
Thursday Of this ek.
Judge John W. "Woods of the cor
poration court today ordered a special
grand Jury which will meet tomorrow
to hear evidence and Investigate the
affair thoroughly. Th penalty in this
Mate for rioting or damaging a build
ing I from two 'to- nve years In the
penitentiary. Both branches of the
Did you over notice what perfect gentlemen
when the cars are not crowded ?
ji ,i j j t t j . j j
LYNCHERS ARE
NOW ON TRIAL
IN MONRO CITY
Anson County Lynchers are
Facing a Jury of Their
Peers.
SEVENTEEN MEN ARE
UNDER INDICTMENT
Prisoners, However, Will be
Tried Separately. Jones
Heard First , ..
(By Associated Pre,.)
MONROE, N. C, July IB The trial
of John Jones for lynching John V.
Johnson In Anson county a year ago,
was begun In the superior court today
before Judge Peebles. There are sev
enteen persons Indicted for the crime.
but the case of Jones was selected by
the solicitor, ns It Is understood to be
the plan to try each of the prisoners
separtely.
At the opening of the trial a motion
to quash the indictment and a plea In
abatement were overruled. A jury
was obtained In two hours.
Sheriff Rogan of Anson county ws
the principal witness for the state.
His examinatfon-ln-chlof was finished
before court adjourned.
Sheriff Rogan, who Is nlso jailer for
Anson county, positively identified the
prisoner as one of the men who broke
In the Jail, took Johnson out and
hanged him. After telling about a
mob forcing the door of the jail and
entering It. securing the keeper and
taking the prisoner from the cell, the
witness was asked:
"Did you recognize any one In Ihe
crowd?"
"Yes, sir. I saw John Jones "
"Was Jones disguised?"
"No, sir."
"How long have you known him?"
"A number of yeasr."
"Did you recognize any one else?"
"I recognized little Henry Kendall.
1 1 W. C. Dean, Tom Johnson, and Zeke
! Lewis."
city council will meet In extraordinary
session tomorrow night for the pur
pose of considering what course to
take In the matter.
Iist night the Greek colony, num-
! herlng more than a hundred people.
I stayed together In a large room over
tone of the wrecked restaurants on
jenerson street, dui tney were noi mo
lested. Today the proprietors . of the
restaurants and their employes have
gone about the streets without hin
drance. None of the places have re
opened. Last night the entire, police force
and chain gang guards were kept oo
duty until a late hour as a precaution
but nothing unusual transpired.
ir ir ir r
WARRANT IS ISSUED FOR
PASSENGER MENT WOOD
AND SOUTHERN RAILROAD
The Southern Railway company and
Its district paaxenger agent at Ashe -
vllle will be tried in Police court this any suggestion that It may be uncon
mornlng by Judge George 8pears Hey ! stilutlonul. In all probability the de-
noldn on the charge of violating the
new railway rale law.
The move in launched with skill
and strikes In a Joint of armor be-
cause the Company and its agent will;
be tried and the case disposed of be -
fore any proceedings to restrain can
he secured from the United Stated Or
I cult court, and if the evidence I what
la mated the defendants will b found;
guilty and the only hope will be an
appeal to Superior Court.
The United States Courts have nev
er attempted to enjoin another court,
only .officers thereof such aa Solici
tor, and in this case there is no So
licitor and the only person who prose
cutea la the police court Itself.
The warrant Issued yesterday af-
ternoon by Judge Reynolds follows
the state law which makes it a mis
demeanor for any railway company
or officer thereof to charge a greuter
rate than 2 and 1-4 cents a mile for
carrying a passenger. Ho far as known
It is the first warrant Ismiod against
railway under the new law and cer
tainly It will be the first case of its
kind to be called in court.
Important K.ffcvt.
The cae will lie the most important
In ultimate effect that the police court
has ever had before It since in all
probability it wiil be the llrst cane to
force the hand of the railways and
cause them to take the Inlalhe under
Judge Prltchard's Injunction.
The warrant breaks the Ice and
unless the railway can find It ixisslble
to take some step to stop this prose
cution the coho will be followed by a
flood of others In every part of the
state. The railway must act and act
quickly but what move It will be
possible to make remains to be seen
In all probability the case will be de
cided this morning because the evi
dence Is very simple and the assistant
agent will doubtless admit that he
declined to mil a ticket at the rate
of two and a quarter cents a mile.
Then will follow the operation of the
law which is also very simple, making
conviction a mlsdlmeanor. and the
STILL HOPING
FOR SETTLEMENT
OAKLAND. CAI., July 15 Presi
dent Small of the telegraphers union.
Is holding a secret conference with
Labor Commissioner Neill this after
noon. President Small expects to report
the result to a meeting of striking
telegraphers tomorrow. If the re
port, is not favorable a strike will be
called In ijilcago.
CRISIS AT HAM.
NEW YORK. July 15 Regarding
the dispute between the telegraph
companies and their employes. Pres
ident Ahearn of the local telegraph
ers union said tonight:
"Personally. I am doing all in my
power to avert a clash and we have
not yet given up hope of a settle
ment. "One side or the other has got tn
give in within 2 4 hours. We receiv
ed word from San Kranclsoo tonight
through Wesley Russell, national sec
retary treasurer, who Is now In t"hl
cago, that Labor Commissioner Nei'l
and representative of thn striking
telegraphers at San Francisco were in
session and that a settlement was
hoped for. We were instructed to do
nothing until advised from Chicago.
There. will bo d strike unless every
other mean al our 4utpotti Caiia..
I
V
V
Vt
'S
V
V
we are
' a," ' a,- r r
?
i police court will recognlae th law n
'any other Mule law, refusing to hear
I fondants will be found' guilty.
When aitked about', the eaao last
evening Judge Reynold said that he
any cum before thetttaolnaPataolnhrd
could not discus the evidence In any
(cam before hlra. He said that he
I found a law which mad It anlde-
meanor for any railway or Dy ticket
agent to refuse to sell ticket ntt the
rate of 2 and 1-4 cents a mile and he
hail read Judg Long' charge to the
Warke county Grand Jury that the
law should be enforced . therefore
when he was notified that the local
office had declined tIl . ticket at
the new rate ho issued ft warrant and
the case would be hoard on the evi
dence. First Arrest.
An Ashevllle was the place of the
hearing before Judge Prltchard of
the eulis by the railway to prevent
certalH named atate ofiioarat from en-1
forcing the law It Is consistent that I
the first arrest under tho law and the
first tentshould arise hero,
It Is understood that Judge Rey
nolds position Im that he finds a law
JURY SECURED FOR
LAMANA TRIAL
Much Care Exercised In Sel
ection of Jurymen Many
Talesmen Were Excused
(Hy Associated Prom.)
HAHNVILLE. La., July 15. The
Jury which will try three men and a
woman for the murder of little Walter
Lamana was completed tdday. Many
talesmen were excused because they
objected to bringing In a verdict which
might mean the hanging of Mrs.
famplsclano, the woman prisoner
Owing to the fad that thl trial Im ex
pected as far as po?lhlo to furnish an
example which will check Italian
blackmailing, care uas exercised lo
secure the most Inlelllgent class or Ju
rymen. Seven of them are planters
The trial will open at 11 o'clock fo
morrow.
The prisoners were kept In the 1
cal jail tonight without any extra j
guards. 1 hey appear to be in hoho-'
lutely no danger of violence from !
mobs There are fix prisoners. I
Frank (iebbia and his sister Nlco- !
Una, who will In- fried next week for
the same murder, having been brought '
here as wltmscy Tony Costo, who
attempted suicide In New Orleans last :
night, although uninjured, looked very I
much like an Insane man when he ap
peared In court loday. His eyes were ,
wild and he talk.-. I us If dazed.
THE ROCK ISLAND IS
hut np pni mrs
uui ur ruuiity
KESMOINKS. Iowa. July 15. At a
luncheon tendered Mm today by Ies-
Moines business men. President Win
k Island Railroad,
chell of Ihe Id
. i.i ib. i!,L i-dund Is our ..r i,ihis
and will do away with it lobbies and t i.n for on.- month, beKinnlng Aug
lobbylsts both at ihe state legislatures list I.
and at the national congress. j This action was taken on account of
John Sabastin. eeneral traffic man- the low prices ( lumber, the mill men
ager of the same road, who was en-' claiming that the hiah price paid for
tertained with President Wlm-hell, , timber lands and the prl.-e received
said that the Hm k Island will not re-( for their output cause the mto wper
doue it passenger service on aci-ountiete at a loss They will endeator to
f th two cent rnte law, but will Im- j s-env action by all o4he yjw lum
prove It further. j ber assof iatlon In the ohuit.
Ah .-
And did you notice, also, how different we net when
the car", are. crowded t
among other law which he ha
sworn to enforce and especially as thn
Superior Court ha directed the en
forcement of that law It I Incumbent
on him to try the ae He 1 no
party to proceed In the United State
Court and know only by hearsay that
certain persons were enjoined from
proceeding undig- the law and he
must do his duty aa a court whatever
views other courts may take of the
matter. While he made no remarks
on tho subject it waa quite, apparent
that he did not expect any "Court to
attempt to enjoin him.
Th case arose yesterday afternoon
when Mr. M. C. Oresbam, clerk of tlu
hotel Berkeley went to the city ticket
office of t ha Southern and ek4t What
the distance waa to Ulack Mountain
station. He waa told It wae It mile
whereupon ho figured and found that
under, tho mw rat law the far
would be 38 cents. Ho laid down 40
centH and uxked for a. ticket to th
place named. Tht agent said the
price of I hi. ticket was 50 cent, at
the rate of S and 3-4 cents a mil
und lie would not sell a first class
ticket for less than that sum. Mr.
Oresham then tendered 45 cent for
a first clans ticket but it was refused
lilin Mr. Oresham then remarked
about the cam to Judgo Reynolds.
. Warrant InhikiI.
I.aler on Mr. J. H. Wells, a well
known citizen and proprietor of Well
Smok Shop, complained to Judge Key
nobis that he hail been overcharged
on three tickets to Turnpike IttJrt week
and produced thr rebate ticket to
Turnpike These slips were Issued by
the railway officer under the order of
Judge I'rllchard that they should he
furnished hen u passenger paid
more than 2 Bnd 1-4 cents per mil.
Mr. Wells bought three tickets and
paid I2.2S for them.
tin thin complaint Hi warrant Wft
prepared and signed by Judge Rey
nolds It charges that the Southern
railway company and Mr. J. II. Wood,
Us district passenger agent, broke the
slate law by overcharging. The pro
cess win placed In the hands of Chief
I'ollins who served them In a short
time thereafter.
NEGRO MURDERER
KILLED BY POSSE
(liy AsMMlntfil Press. )
ACOCSTA. !a. July IT, It Is re
ported in both Tennllle anil SHnders
vllle. according to long distance mes-
mi((B ,
The chronicle, that iJennls
llouyer. ihe negro who killed Conduc
tor Mason, n locale. I :ii the John
.Mays pi
Cha liter.
i e, a mile and a half from
anil riddled with bullets. it
Is said Iim le.dv coni.iined four bullets,
the number of shots lireI hy Cnptaln
Masn. and licit tie
almost In u
dving cohdiO'.n
The niiir-ii.il ..r Tennllle stntes that
hi i annot . onfiMit the report of the
lynching, but knows t,o posses were
..n either side of the M:iy place
sear, hing for ihe negro st T.3U.
Georgia sawmills
will be shut down
(Hy AsK-lall Press.)
ATLANTIC IsK.W'H. Kla . July 1
Hy a vote of 2 to 7. the 'ieorgla-Flor-I
(da Saw mill A-." iation today decided
to shut down all sawmills owned or1
ooeraied by members of ihe associa-
.
'
'
'
PROSECUTING
ATTORNEY GOES
AFTER WITNESS
Still Another Perjury War
rant Issued in the Hay
wood Case.
ELEVE NWITNESSES
ARE EXAMINED
Harry Orchard Reappears
on the Stand and An-
wer Questional ' .
(Djr Associated Pre.)
UOIHK, Idaho, July 16, Another
warrant, charging perjury against a
witness who has testified for th de
fense, in tho irlul of William II. Hay.
wood for the murder of Prank Steun
enberg, was Issued this evening. CW,
Allor, formerly a telegraph operator
and ticket ugutit for the ?lorohc' and
Cripple Creek Rullroail, ut Cripple
Creek, is charged with the offense by
(he prosecuting attorney of Ada
county.
Kleven witnesses In retiuttal wore
examined today. Harry Orchard re
appeared on the stand and was asked
u few iiuesllons a to his acquaintance
with some of the witnesses for the de
fense who have testified as to hi
movements, tin being turned over to
tho cross-exiunlner, Orchard admit
ted that his uncle, Peter McKenney,
committed suicide by hanging thlrtoen
or fourteen years ago. Counsel for
defense asked Orchard If till uncle
was not Insane before he killed him
self and ulso tried lo show by Die wit
ness that his maternal grandfather
was Insane, his monomania being Im
aginary crimes committed a long time
afo in Ireland. orchard denied all
knowledge of Ihe grandfather, but ad
mitted I hut. his tifiiie was demented
for a year or so, all hough not over im
aginary crimes.
AftCl'IMIOII S4Sjwioil.
The afternoon session was taken up
wltli the exanilnat Ion of witnesses
who contradicted the evidence given
by C. W. Aller, who testified for the
defense in support of tho change of a
conspiracy against Ihe Western Ked
erailim of Miners, In which It Is al
leged the Mine Owners' Association,
the Citizens' Alliance and the pinker
ton lelei live Anency were concerned.
Aller swore he saw urehard and lr.
Hcutt together at the station of Ihe
Florence ami Cripple creek Railroad I
on .a Sunday about three weeks prior j
to the explosion at Ihe i ndependence
stallon on June (I, 1 tMH Scolt this af-
lerlioon swore he was not In Cripptc
Creek ni that time and it Mtnnher of
wlliu-sses corroborated (hi- As u re
sult of this testimony Information was
sworn out after court adjourned.
i barging Aller with perjury.
FAST PASSENGER ON SOUTHERN 5
IS DERAILED
WASHINGTON'. July 1.1. As t he
result of the derailment of three earsiboro, III.
f a nortblsiutid passenger train on the I
Southern Railway al Jamestown, N. j
"., near tlreensln.ro, today, eleven
persons, mostly employes .if the rali-
road, were injured. According to an
if teis I statement issued by the rail
road hern tonight the derailment was
due to "trucks buckling under the
dining car "
Among the Injured are:
Francis II Hlewett, a passenger,
Brooklyn, N. Y.
K. Torrey. miperlntendent of tele
graph. Mobile and Ohio Railroad,
Jackson. (Tenn. 1 ' ' ' '
VS. W. Moore, suTintendcnt Mo-
: : .
Appalling Accident Occurs
Turret of the Battle
ship Goorgla
EIGHT MEN KILLED
THIRTEEN INJURED
Men Were Enrjaqed In Tar
get Practice; Causc.of
Explosion Unknown
Hy Associated I'm.
BOSTON, July 15 Ry tun p1o
slon of a case of powder lu th hand
of a gunner In th after miner Im
posed turret of tha battleship Oeorgt
In Miuuwhu w its Ray, I men Wor ''
killed and II Injured. , , ,
Not on of tho persona In tha tuM
ret escaped Injury. Th dead are:
WILLIAM J. THATCH Kit, chledj
turret 'Captain, Wilmington. Del.
PACLKNKIt tKLlTHWAJTBj I
midshipman, Kentucky. .
w. j. lililtKB,, ordinary eamaiw
Qulncey, Mnsa. ,
1. O. ' HAMILTON, ordinary
man, South Kurmlnglon, Maasv 1
WILLIAM THOMAS, ordinary ea '
man, llrooklyn, N. Y,
L1KUTI5NANT GOODRICH, ol
New York. '
WILLIAM F. FAIR, ordinary aeav
man, lirookiyn. N. Y. - ,
Seamen Mslllch and Walsh. Wr
In a aerhiu condition when brought
to the hospital and It la doubtful If,'
they ran recover. Lieutenant Oood
rlt h ml Seaman Malllck Jumped over
board Imtnedtaloly after tho explosion'
with the apparent motive of ending"
the terrlblo suffering from their burn
Hot h men wer quickly rescued, by'
uninjured comrade. ' ' . " ' t, ,
Tnrgit1 raciliw, '
Thn accident happened, whlla th. ...
battleship wu nevcrul mils off Pro--
vlnoetown, and the men were engaged'
litturget practlea together with other
of thu battleship squadron of Itio At-
lautlt) fleet., '' The. powder had. Just
linen taken from' th ammunition .
hoist to loud an (Inch gtin; It was
seen to bo burning and In, an Jnatunt,
It exploded In tho very face of th.
loader of the gun, Nn dumog wag
don to tb vessel, a tha powder wii .'
not oonltned, and early thl evening, ;
tinder order from Washington th ;
Oeorglu, swllcd hack ; for tho target .
around of prlncetown. .
How th powder becam Ignited I
not yet known, but th theory held .
at the navy yard 1 that It wo sot
off by a spark from th amok tack
of the warship.
Immediately after the accident tha -Georgia
hituled for the CharleslowO .
navy yard. Thvro tha dad and ln
Jured were taken ashore., th wound
ed men being conveyed to til naval ,
hospital at .(.'""hio" '
Thn Oisirgln Is one of th battle ,
ship of tho second, division of th
Atlantic fleet, which hua been at tar- ,
get practice off 1'rlncetown. for th , :
veasels of th biiltinslilp 'squadron of.
the Atluntlo fleet Th powkler bad Ju
lot two weeks. The Ueorgls 1 on
having been In commission only about
ten month. Sh 1 commanded by
Richard MoRea.
Tilo Fxploslon,
The explosion occurred In th after '
ciiporlmpoHod turret. Th gun In '
the forward turret had finished eight
rounds of pruetlc and th run o th,)'
after turret had fired on round. Two. (
ciwes, as tit big 100 pound bag are
called, had just been acnt up through -
tho ammunition hoist and war In th (
arms of tho loader, Th loader to4 '
at tho breech of on of th (-Inch
guns, all ready to Insert tha charge.
At this instant the turret wo nen tn .
be smoky and two men who tood .
near Ihe loader saw ft black spot on '
the bag. indicating that th charga
had Ignited anil was (mouldering.
The loader discovered th pot at th
same t i in... and threw himself for
ward on his face, at Ihe same tlmo
shoaling a wartilng to his turret
iinntio The other men who had seen
the spot were Kich tnid HonseN, and
I hey al o I hiew liiemsclve Ott tho
floor of the turret.
It. for. the other men In th ttirrnt
could iitid. r-l.uid the loader cry ott
warning there wtvs a blinding flash a
tin burning powder exploded. Flame
smoke and gas tilled the turret In
(ConiiiiiKil on Page lour.),
NEAR GREENSBORO
bile anil Ohio Railroad, Murph'
W. L. Pierce, assistant superintend
ent Southern Railway, Straabnrg, a
The others, all trainmen, ulaJnett
minor lirul-s.
With Ihe exception of P. C. Taylor, ,
a Pullman conductor of Jacksonville,
and Dining Car Conductor F. K. Berr .
of Charlotte. N. C, th Injured wera -taken
to Orwrtisboro, whera they ara
being cared for ty tlie Southern RuIU
way company' physician. ,i M ..!
1 ne Train wss roniiiiia a.n.v
miles an hoirr when the dtrllng' parfj' 4
r....,.l ... UiiNIM' unit ilhllt
I uinii 'ii mi . m ftj j
car Kere derailed. ; The f rain waa di' . .;
layed kn hour." "' '
lot tow