North Carolina Newspapers

THE ISHEWiLLE CITIZEN THE ; WEATHER. Showers. Want a Horse t Say In Citizen Want Ads. VOL. XXII, NO. 216. ASHEVILLE, N. OJ WEDNESDAY MORNINO.JULY 17, 1907. PRICE FIVE CENTS. JUDGE PRITCHARD ISSUES WRIT OF HABEAS CORPUS; MEMBER OF MOB TELLS STORY OF THE LYNCHING STATE WILL RESIST IT Sensational Developments! Follow Arrest of Local ' Ticket Agents. j SOLICITOR WILL PROSECUTE THE CASE By Advice of Gov. Glenn Release of Defendants Will Be Opposed. The sensation yesterday was ths publication In The Citizen that war rants had been Issued by Police-JiisP" (Ice Spears Keynolds against the Sou thern Railway and two of Its officials, Mr. J. H. Wood, district passenger agent, and Mr. R. H. Graham, city ticket agent, on the charge of violating the new railway rate law by charging Mr. J. B. Wells more than two and a quarter cents a mile for transporta tion, and the arraignment of these two gentlemen In Police court yester day noon. Today there Is the sharply sensa tional newsthat late yesterday after noon Judge J. C. Pritchard In the United States circuit court virtually took the custody of the Individual de fendants from police court by Issuing write of habeas corpus commanding Chief of Police N. A. Collins to forth with produce the technical prisoners before him and show by what author ity he holds them. The writs were served by Deputy United States Mar shal Ramsey and the chief of police Is expected to appear before Judge Pritchard this morning with the de fendants and make answer. At noon today the defendants are due to appear before Judge Reynolds In police court by virtue of tha post' ponement granted when tha "rases wet called yesterday morning And so the first arrest under the rate law and the first move by the railway company to stop criminal pro ceedings under the luw are made In Ashevllle and In these rases must ho determined whether such proceedings In state courts are to go In endless procession or ure to bo abruptly halted by the United States court. Police Court Justice Reynolds made tin; tlrst move under the law, the railway com pany has for the fir.st time shown Its hand In such cases. ttallroad's Move. The action of the police court was wired Colonel W. B. Hodman of char lotte, division counsel for North Caro lina for the Southern on Monday night and he arrived on the first train yes terday afternoon. Judge Charles A. Moore as counsel for Mr. Wood and Mr. Oraham having previously obtain ed a continuance of the caHes In po lice court until today noon, and when he came he was prepared to act. Pe titions in the case of each defendant were presented to Judge Pritchard, the substantial allegations in each be ing that the defendants were held by a warrant because they had declined to obey the rate law whose enforce ment Judge Pritchard had forbidden by his order made here In the big suits between the railways and corporation commission and that the arrests wore unlawful. Having already considered and decided the allegations that the rate law was unconstitutional and hnv Ing held that pending final considera tion the railways had made out their case It took Judge Pritchard hut lit tle time to order the writs issued, and when they were served on Chief Col lins he virtually held the defendants subject to the Initeil Males courts custody while at the same time he was under obligations to produce them In police courl today noon. The writs eommandc dlhe chief to produce the defendant- before Judge pritchard "forthwith." but us It was late before copies could be made and served on him there was a tacit un derstanding that he should make his return with the defendants this morn ing. It should be said here that so far as Mr. Wood and Mr. Craham are concerned the people treat the "ar rests" humorously because It Is of course understood that they are but technical defendants and as railway agents obeying the mandate of Judge Pritchard s court anct it well under- THIRTY WITNESSES EXAMINED IN THE ROANOKE RIOT INQUIRY By Associated Press. ROANOKE. Va. July 16 The special grand jury to investigate the riots of last Saturday night when a mob wrecked all the Greek restau rants in town, today heard 30 wit nesses and will continue its work to morrow. No Indictments will be found until after all the evidence hat been secured. All the wrecked restaurants but one re-opned today. The Belmont restaurant, where the trouble started, fr j still closed and Its proprietor has ? ft town. "Two men arrested on the wtreet last CITY TICKET AGENT OF T.HE SOUTHERN SPENDS NIGHT IN SIIOWElA.. (By AsMMiated Press. WASHINGTON, July 16. Kore- cast for Wednesday and Thurs- day: North Carolina Local showers Wednesday; Thursday partly cloudy; light to fresh south winds. stood that the proceeding In the case Is for the purpose of reaching a de cision as to whether the stale courts may enforce the state law. As a mat ter of fact neither gentleman has been "arrested," although they are In legal fiction what the law terms "prison ers." Tlie Conflict. The status of the case Is that the defendants are required to appear in police court today noon and the chief of police Is theoretically at least sup posed to have them there then while at the same time It Is commanded by Judge Pritchard to have them before him, at noon, for example. If that hour should be the one he should name, Which court will the chief obey? The Petition. Judge Pritchard issued the writs of, counsel in the court during the aftor habeaa corpus on the petitions pre- i noon counsel for the Southern avoided sented by Colonel Rodman which are the issue of giving bond and refused Identical save as to the names of the to even accept pergonal recognizance defendants. The petition recites the in the case, as this would amount to proceedings In the rate case before Judge Pritchard and Is accompanied by a copy of the Southern's bill In that ease, the order of Judge Pritchard, the bond of 1825,000, and then come the ground on which freedom Is asked: t . -f TYoar petttiotoef- ls- :rf" employee, towit, a ,. of said com plainant, Southern Railway company, at Ashevllle, In the state of North Car olina. "Your petitioner has In all respects complied with the said decree, and with respect t the Iransacllon at tempted to be set up In the said In dictment the things done by this pe titioner were done by him in compli ance with and In pursuance of said decree. "The question of the validity of said j act in respect to passenger rates, is one of which full Jurisdiction has been' rightfully taken by said circuit court I In Ihe suit al)ve described, and any! ..If.. ..nf.. f...i'l4,l..rici .if uuf,l' act by Indictment in another form necessarily Interferes with and if suc cessful will defeat the Jurisdiction nnd control of said circuit court over the said controversy. "If for any reason It should be ad Judged that It is the Intent and effect of the laws of North Carolina that there can be no such Judicial review ar. Is Involved In said cause of the consti tutionality of said act In respect to passenger rates, or that notwithstand ing such Judicial review the penalties P""-;"" "" - lour oi sain act in respen in passen ger rates may he imposed and inflicted, for acts done during the pendency of said Judicial review and under thei protection of the court having Juris- diction thereof, then the provisions of I said section four of the act In respect , t n.n.r rate Imnosln nenaltles i and punishments are unconstitutional and void because In Conflict with the fourteenth amendment to the constitu tion of the t'nl'ed States, the benefit and protection of which the petitioner : hereby sets up and claims ' thnt the police court of the said city of Ashevllle, was without Jurisdiction of the offence charged " fJovernor's Orders. Judge Reynolds was notified by Col. Rodman and Moore and Rollins, district counsel for the Southern, of the proceeding before Judge Pritch ard and promptly he reached Govern or Glenn on long distance telephone and from the chief executive of the State of North Carolina came a mes sage which portends the great con flict betwen the State and the Uslted Siates court. The Governor told Judge Reynolds to proceed with the (Contlnued on Page Five.) night for offering to wager that there would te more trouble before day light, were fined in police court to day. Joakim Alexopulos Archimandrite parish priest of the orthodox Greek church In Washington, arrived here today to make personal investigation of the trouble. He is not here In any official capacity, but the report he will make is for the information of the representatives of the Greek gov ernment, for the purpose of taking up the question of damages. and inch reparation as Is just, the city of Roanoke expressing a willingness toMainst the railroad cumpany do mhat is juet ana ngm. RALEIGH JAIL Counsel Declines to Give Bond of SI 00 or Accept Personal Reconlzance. WILL APPLY FOR WRIT OF HABEAS CORPUS Judge Long Backed By Gov Contends Federal Court Has No Jurisdiction. (Special to The Citizen.) RALKIGH, July 16. City Ticket Agent T. K. Green of the Southern Hallway Is spending the night In Jail as an impersonation of the Southern Railway corporation in the criminal prosecution of the Southern refusing to put In operation tho 2 hi cent rate act of the legislature. In the legal skirmishes that took place between admitting some Jurisdiction of the state court and forestall plans for pro curing tomorrow a writ at habeas cor pus for the prisoner, returnable at Ashevllle, from Judge Pritchard oi the federal court. This Is to be here to morrow morning and Is expected t stlirTurther complicate matters. No Jurisdiction. Judge Long of the state court, back ed by Governor Glenn, contends that no federal court Injunction can Inter fore wllh his court in the enforcement of the state law and that the proceed ings against the Southern through Agent Green Is a matter In which tho federal court can In no way Interfere and that the only thing the federal court can do Is to pass on the consti tutionality of the act when properly presented. Further, thai In the mean time, the Soutlfcrn has no right to vlo late the act, which Is self-operative from July 1. The public Is waiting with Intense Interest the action of the court when the writ of habeas corpus is presented tomorrow and the Sheriff Is directed by It, to carry the prisoner before Judge Pritchard at Ashevllle. Judge Long Is expected to direct that Ihe writ be Ignored. Indictment of the sheriff for contempt would follow and this would also then extend to any counsel und others who might pro ceed with the prosecution of Green in Ihe state courts. A conflict for the body of the prisoner, It Is feared, may go so far as to bring force Ihlo play ,,y thc riliMng of the military Into aer- u,,ml Required, r.eiore coun aujouine.. ior ice r ""-e, . ...,.e.c. w'Utncrn asaec, mar me saer.rr ne author ized by Judge Long to lei Agent t'.reen spend the night In company with a deputy Rt a hotel, so as to avoid the mebarrawHinent of Jailing him. Kx-Governor Aycock and K. J. Jus tice, as counsel for the stute, opposed this and insisted that Green be requir ed to give bond. Governor Aycock said if It would be any Inducement or accommodation for Green, who was a "mighty clever young man." might go free on his personal recognizance. This proffer was declined and K. J. Justice Insisted that there was no rea son why any special order should be made 'in this case. If bond and per sonal recognizance were declined, then the Jail was all that was left for him. Judge Long declined ro make any or- K M(.NuiIv. ,,1 s.-in Antonio: Th..ino der, leaving the matter with the sher- j MrNutv, .,f ndtm.ore; John M K-s-Iff. whose counsel, Herbert Norrls, , ,er of K(.noh;,, wis.; T. II. Mills Hn held that there was no law for extend- I M.r,r yVI . alor Charles Schmidt. Ing any special courtesy to this Prls- j wheeling. W Va . and Col A T Hol-on,-r' ilv. of llackcn l'k. X. J Robert K Green took his supper In the sher-. Ar-(n f !rkiine. Mass. w. IfT-s office tonight It .was sent from (J n pi m,jon Jn i(n , the hotel. .New bedding was prepared , . . , for him In the Jail for the nigh'. 11 is taking his imprisonment In good heart. He remarked to a friend be fore going to his cell that ft would seem a long time until ten o'clock to morrow when the case is to be taken up again. Tug of War. Ex-Judge A C. Avery Is on his way here from Morganton. to be of counsel In the defense of Green, and the Southern interests, and Colonel W. U. Rodman f the Southern Is expected to be here In the morning, armed with the habeas corpus writ from Judge Pritchard. Then the real -1ug of war" will be n between the courts F. H Busbee was aided In the fight on the Southern today by James H. Pou. who is a regular counsel for the Atlantic Coast Line. Colonel A R Andrews, first loe president o fthe Southern Railway, has been summoned to appear In court i here In response to the Indictment i . - i The case will probably come ap tomorrow. DALLAS GETS NEXT GRAND LODGE SESSION After Two Strenuous Busi ness Sessions Grand Lodqe B. P. Oi E. Adjourns. NO ANNOUNCEMENT AS TO RESULTOF ELECTION Generally conceded That Judge Melvln Is Now Grand Exalted Ruler. Bjr AkmmIuIciI VntM. PHILADELPHIA, July 16 The Grand Ixxlge of Ihe Benevolent and Protective Order of Elks, after two strenuous business sessions today, ad journed without announcement us to the result f lis election. It Is gen erally conceded, however, that John K. Tener. of charlerol. Pa, has been chosen grand exnlled ruler of Ihe or der Dallas, Texas, was chosen for the next convention and grand lodge re union, and Judge Henry A. Melvln nplsilnted the following to constitute the grand forum: Charles K. I'li kett, of Waterloo, la , for one year; Marc ltohncr. Detroit, two years; William H. Moore. Seattle, three years; Thomas J. Cogan, 'ln cinclnnatl. four years, and Robert W. Ilrown, I.oul.ville. five years. The new body, which Is real l' a court which will decide all matters wllhin the organization, came into life with the adoption of the new constitution, which went into effect today. Under the system of appoint ment adopted the ftirum will lie In fused with new blood each year, the term of one member of the hotly ex piring annua)!''. Members i,t the order shy there were several unexpected and close fights In the election. Grand Secre tary Robinson stated there were 1,700 ballots to count and that there w.tull be no official announcement until to morrow morning. John W W.igner. of Kansas City. , was opposed fiir grand treasurer lv K. W. Leach, "f New York. I'ml ' Robinson, w ho it was expected would Ire unanimoii"!'. re-elected grand ec retary. also found opposition In Oc,, II Reynolds. rf Saginaw. Midi. The candidates for three place i,u the board of trustees are Ifinjomln thought to lie i sure winner for grand esteemed lejid' tig knight. The feature ..f tomorrow's ce, l.ra- Itlon will l 'he parade of l.r.iw bands through 'be Court of Honor. CANNONS USED TO EMPTY OIL TANKS (lit AfcsOflale! Press.) LIMA. Ohio. July If. In a terrific! electrical srorin which swept the1 county 'at n on today, lightning fir-d : one of the hue- tanks of the Standard i OH company A quarter of a million : barrels of petroleum Were limited and ' K. riie. of Nei.raska. ami Keaman the city so at onea enveloped ln,Jarfie H. Thomas, of Hrooklyn, N. clouds of darkness, almost stilling. Cannons ere brought Into rejuisl tloo to release many millions ot oil. CHEER U?, THE WORST IS YET TO STATE INTRODUCES SIX WITNESSES TO REBUT EVIDENCE OF DEFENSE One Witness Contradicts Evi dence Regarding Vindica tor Mine Explosion. PERJURY CASE IS HEARD (By iwtM'laUtd Press.) , BOISE, Idaho, July H. In tha last stages of tha case against William D. Haywood, thc prosecution put six wit nesses on the stand today to rebut the evidence of the defense. Three tea titled to i, conditions In tha ' Cosur d'Alenes In m, and, three to the situ ation In Colorado during th strike pe riod of 1 003 and 1104. The Impor tant witnesses of the day were railed to contradict the showing madti by witnesses Jor the defense that there was no reason for the calling out of the mllllla of Colorado other than a desire on the part of the mine owners to drive members of Ihe Western Fed; erutlon of Miners from the mining dis trict. One witness flatly contradicted the evidence Introduced by tho tlo fenac to show that the explosion ut the Vindicator mine was duV to an ac cident. Sheriff Ronton of San Miguel coun ty, testified as to strike conditions. Un der a searching examination by W. K. Richardson Routan admitted that un ion miner wi re deported and driven by force from the county, while he was slur Iff and thai no allempt was made lo prevent or punish those who attacked the union men. Ho said that the deportations wen. iniiilo by the leading citizens of Tellurlde. While tlin big trial wax going on In the district court before Judge Fre mont Wood, an Interesting off-shoot of the case was being heard In the small roo mused as a court by Justice of the Peace Savage, C. W. Aller, the depol agent, who was arresled, charg ed with perjury, was brought before the magistrate for tho preliminary hearing. The stain was represented by Prosecuting Attorney Koelsch and the prisoner by I'etcr llreen, an at torney of Unite, who has been associ ated wllh Haywood's counsel, BUILDING COLLAPSES; NINE LIVES ARE LOST (Ilv Associated Press.) LONDON, out. lily 16 Crystal j Hall, a three-story brick building on DiiioIhh street, ami one of the land ! marks of loidon, collaped today, and :t score of pel sn were buried under tie- riv.il.indie or bucks, mortar ami i timbers. The falling walls from Crys tal Hall fell upon Mrewsier's ten-cent store, a low structure adjoining on the east, coniplet, Iv burying It The mores of Hamilton. Loig Company, and V .1 Keii Company, on Hi" firts floor of I'rvMal Hall were filled With Wreckage. Five per bcen killed, are scrion-i rTlo ( ollaps, ois are known to have live are mlssiio; and nve v injured a Go- result of NINTH VICTIM OF EXPLOSION DIES II, ,Mx'latcd Press. ROSTOV. Jul li Ldmund J. W'iKh. seaman, died at the naval hospital al i heea l his evening This is the ninth fatality resulting from ihe aoiderii on hoard the battleship Georgia in Cape Cod Hav yesterday. Twvelv- tutored remain in the hos- pital. of whom Midshipman James Y ... are not expected lo recover. Tbe other Duea's condition has not chanced. COME. MOTHER TAKES THE STAND IN LAMAM TRIAL Dramatic Testimony Is Given By the Mother of the , Murdered Boy. WIDE EXTENT OF THE PLOT IS DEVELOPED Ten of Those Indicted Were .pjcctp(J,Wlth Plot By Two Witnesses. By Associated Press. HAHNVILLW, l-a., July 1. The Wide extent of (lie plot which cauasd the kidnapping and siibeiiient stran gling or Walter l.itmana. tha Italian boy, developed In today's session of tho trial of tho kidnappers. Ten persons Indicted were connected with the plot by two wllni'saes, Leonardo Gel. bin. nnd Mrs. Peter Imanii, the murdered boy's mother. Oebbla, who turned Stale's evldeneii, told of overhearing tho agreement made In Jul I between Camplscluno, the most Important prisoner on trial, nnd an other Italian, whoso name was not given. In return for giving a home to Ciimplsiiano's children If he should bo arrested or hanged. Cam plaiiano promised not to Implicate this man In any way. Mol tier's Kvlilence, Tim boy's mother was placed In the witness chair while her son's clothing. Introduced as evidence, was before the Jury. Hhn sobbed nnd shouted at Ihe four prisoners: "oh. Oh, you murderers, you dogs " Then she Im plicated several members of the Oebbla family of New Orleans as go bclweeriH to secure tho 1(1.000 ran som. She said that the aged mother of I his family had told her that the boy was not om must be dead, but that the run paid If she ever wished to see him llllve. Jennie darlffo. a pretty Italian Klrl, test Hied thai she ami relatives had liejiril the boy serearriinB "(lb, t'har !'' and "Oh, Mamma.'' In a house near i 'amplsciano's and that they had set out to leiirn what was the mat ter Mrs. I'arnplsciario came out of tier hoUHo und slopped lhee would be ItiveMiiic.'itorii, assuring; them that the boy was onlv calliriK the cows'. The uliiiesn also saw Ihe !oy taken him ewjpe, pursued bv a man who curried him back with one hand over the child's mouth. four other witnesses corroborated her testimony. DR. EDWARD TAYLOR ELECTED AS MAYOR OF SAN FRANCISCO Ity Associated Press.) KAV FHAN'f'fWO, July i rn Edward I!. Taylor, physician and lawyer, dean of the Hastings Law Col lege, and of the University of Califor nia, was elected may or Kan Francisco toniKht by the board of supervisors, and by tbe open avowal of the bribery, graft pnvse-cutiun, tho So-called "reign of the big stick" came to sn end. IT. Taylor was the third man to whom the office of mayor was offered hy Rudolph Hpreckles and IrlflNct At torney William Laagdon. His selec tion came as a complete surprise to Man Who Turned State's Evi dence. Takes Stand In John son Lynching Case, WITNESS GIVES DRAMATIC RECITAL Identification of Leaders of the Mob Were Complete: State, Rests Case. nt Ashih'I4 Pre, 1 T CHARLOTTE!, K. t ., July l.-s The trial of twenty cltlsons at Anson ootinty, thlit. that",, charged , wlthl lynching jr. V. Johnson, wulch al ' begun yesterday at Monroe, eontlna ued today.' Mis Alice nog-art, daugh ter of tho sheriff,; who wa Oft th stand yesterday,4 resumed bar testU mony, detailing- how", tha mob brok Into the jail, on tha plea of having m prisoner to, commit , and, , how the seised and held hen father, took th key to Johnson's call, ralaaaod Jolui sun, and fter tying hint with ropea dragged him oft down tha road to tha point whers hmt waa lynched, flhal positively Identified several ot tha de fendant as being members ot tha mob. : ,) t -'" if ;v- : ; .'i '. :,-. ' Tha ' crosa examination of flherlft Bog-nn,. who' was recalled, failed to shaka. his testimony! In any particu lar,. He recognised' many ot tha mem bers of tha niobo tun! called thell name, v v ,:,, .tfcH1""-""- , John Jones, agaltwt whom the iio- nt tsst Is directed, wu recognised a ono of tha leaders. ' f v ' Klulx's ttvlilcuco. . Henry J). Kendall, r who' turnarl Stata'a vldeneo !at tha preliminary hearing and nnvo testimony against his fellows of the Ihtlo lynching mob. ana one . or th Htwe's strongest ro llsnrjos, testlflrtd. as pi' tho meeting t i ho lumso ot Tmn, Johjisnn on tboJ Hiinday night, firecertintc ths lynchln;?, ' wnon tho plims lo ridn to Wudcubon and .lynch J; V. Johnson 'wore per- fertad. ThiV witness knew all ' thsj memlttr of .tho party1 and, called tholr names, 'With 'tho others ho rode to wards Wadesboro und ' met another crowd from Richmond county, anil all proceeded to WBdcabofo Jail, tools tha prisoner' out arid lynched him. The witness's son was also on of tha mob. Kendall's story of tha lynch- ' ing was dramatic In the ettrema. Ho told . how they tiaik . tha , prisoner. struggling nnd bogging for meroy, lied him with ropes und dragged hint along the road a, tnllu to a point in, tha woods, whore, mora dead than, alive, ho was drawn up to a limb and then riddled, with bullet Ml identification f tho luodurn. ot h mob and many of 11a member was complete nnd cross-examination, fail ed to shako his testimony, ( , William Moeks and H. D. Kendall, Jr members of tho mob, , turned! Htate's evidence today and corrobo rated the evldonco of tho elder Ken dall. At. tho conclusion of this tes timony the Hlate rested. WINSTON-SALEM MAN KILLED BY TRAIN (Kpet lill lo Tito t'ltlscn.) W'LVHTON-HALKM, N. July tt OeorKn Washington, a whlio man Sit years old, was killed by a street cad near Nissen I'ork tonfirht ' At Ulna o'clock. Ho was under tho Influenco of whiskey and was either sitting ot the track or attempted to cross In front of tho rapidly movliiir car. Hu head was severed from his body and, his body horribly rmintflod. Ha waa employed by the H. J. Keynolds To bacco company, and was married. Ha, leaves a wlfo and one child, . . (1 ROBBERS HOLD UP A FREIGHT TRAIN " 4sid (Hy AswH'Inled Press.) Cherryvale, Kan., July 1. Twx robbers held up a St. Louis and Sail I KranclHco train five miles east of Cher- ' ryvalo early today, and shot and klll- I ed O. J. Hrown nnd seriously wounded! fills Tailor, harvest hands. Brown and Taylor were boating- their way, home lo Western Kansas, after having worked In the wheat field in tha ; southern part of the slate. i the city, for nt no lim had his nam been mentioned, outside of tho sacret councils of Ihe district attorney anil his half dozen assistants. - Mayor Eugene Bchmltt Is yet a fac tor t. be reckoned with. It la an nounced that Mayor delimit will ap point successors to tha fifteen super visors, who wll bo forced by tho dis trict attorney to resign. Tha dty will then have two governments, on headed by Mayor Taylor an dtho oth er by Mayor tk-hrolts, who claims that he Is not Incapacitated until the court of last resort has confirmed ila cob vlctlon. . .J