Newspapers / The Caucasian (Clinton, N.C.) / July 25, 1907, edition 1 / Page 1
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f (P A T T(P A QT A VOL. XXV. RALEIGH, NORTH CAROLINA, THURSDAY. JULY 25. IJ07. NO. 29. " WVHMMva .. 1 "55 rrt0,r-s tj TiJ3j ?felfJ sl -1 . ft liemj uau,crca rom aii Negro Rapist Caught. Louisburg, Special. A negro named Richard Freeman alias Dick Harris wanted for an assault upon Mrs. Lott Scott of Black Creek towns-hip, Wilson county, was captured li;re while working .at Ford and llouck's brick-yard. Some time since ha was working on the farm of Mar scllus Smith, about 15 miles east of here and upon hearing somo on read ing about a reward offered for Mrs. Keott's assailant, suddenly disappear ed not even waiting to collect hU wages. He was identified as the same man and Messrs. E. S. Ford and D. . IVarec effected his arrest. He tallies with the description given and the v dicers believe they have the right n:un. Receivers for Two Companies Salisbury, Special. Leo C. Wal lace a member of the firm of Wallace & Sons, was appointed receiver for the New London Mercantile Company that has within, the past few days gone into bankruptcy. This com pany was forced to this step on ac count of the great credit business done by it At one time it enjoyed most liberal patronage. It. R Thom pson was named receiver for the Hob- $ JVort State Ajfuirs son-Koontz Lumber Company of Jc telephone call came from Beards Sta rusalem, Davie county, and has taken jtion to Sheriff Watson to come with charge of things. This receivership is not the result of business adver sity but a step to the dissolution of a partnership. Injuries Prove Fatal. Salisbury, Special. G. G. Iiritton of Anniston, Ala., took the remains of his brother, N. B. Britton vio died at the Whitehead-Stokes San atorium following a runaway accident the day before, back to the home of i the unfortunate man He never re-1 guined consciousness after the acci dent. The brother arrived too late to see him alive. The dead man was traveling superintendent for the Inter Slate Roofing Company. G. G. Brit ton is president of the same company They had contracts for roofing the new plants at Kannapolis, the junior brother having charge of the work. He was 35 vears old and unmarried. Southern Pine Fruits. Southern Pines, Special. The shipment of peaches from the or chards around Southern Pines have been late this season, but the quanti ty has been greater than usual and the prices have been uniformly good. The big Van Lindley orchard has bee.i getting away five or six hundred crates a day. While the orchards usually have a lot of culls and infer- ior fruit that is not suitable for ship ment at a profitable figure, this year i the market has been glad to get any thing and the culls have been an un known quantity. Dead Body of Boy Found in Neuse. Newbern. Special. The dead body of Alonzo Peterson was found JL in Ncus.e river at the coca-cola com- pany's plant. The water was less than 4 feet deep and it is thougiit for the Powell-Murray Land & Tim strnnge that a boy should have ! ber Company, of Asheville, capital drowned under such circumstances. Coroner Jones examined the body and decided that it was plain the boy came to his death by drowning and that an inquest was unnecessary. The boy was last seen alive about noon Tuesday. . Fayetteville Has Big Fire. Fayetteville, Special Fire Thurs day afternoon at the big Holt-Williamson Mills, in east Fayetteville, came near sweeping away the who'o property, the main building catch ing two or three times. The dry house was destro3Ted. " Attacked and Badly Hurt by a Cat. Salisbury, Special. Calvin A. Jacobs, a Franklin township farmer, was severely wounded by a cat thai made a savage attack upon him at his home. - The flesh on one of his hands was torn to the bone but he does not believe the animal was mad Mr. Jacobs did not succeed in killing the vicious feline. Buggy Rolled Over Her Neck. Lumberton, Special. Miss Mat tie McWhite, of this county, came near receiving fatal injures while driving into town. Meeting her was a pair of runaway mules hitched to a wagon.' They rah into the buggy threw Miss McWhite out, and the wagon wheel ran over her neck. The mules halted just as the wheel rolled her neck and it had to be lifted on off. She did not lose consciousness, and when taken to the hospital for examination seemed to have- escaped "nhurt. Meet Next at Asheville. Baltimore, Special. The annual convention of the Southern Grocers' Association adjourned to meet at Asheville, next July. President j". A. VanHoose, of Birmingham, Ala:, was re-elected, as were also all the present officers and members of the advisory board, except First Vice President G. M. Thompson, of New Orleans, who was replaced by Hen ry Forcheimer, at . Manila. Ala. Sections of the State jjf Site For Telephone Exchange Pur chased. Winston-Salem, Special. Tha Southern Bell Telephone and Tele graph Company has purchased a lot 55x98 feet, on Liberty street, between Second and Third street, upon which they will erect a large brick building. The lot was purchased from Messrs. J. A. Gray, F. H. Fries, H. E. Fries, W. A. Lemly and J. E. Gilmer. The plans for the new structure have not yet been drawn. Washington Wants the Shops. Washington, N. C, Special Wash ington wants the shops of the Nor folk & Southern Railroad located in this city. The chamber of com merce and a large number of citizens are working assiduously .toward that end, and everything will be done to induce the railroad company to estab lish these shops here. Several at tractive sites have been offered and other attractive propositions have been made to the Norfolk & South ern people and it is sincerely hoped that we may secure this plant. Blood Hounds Capture a Man. Fayetteville. Special. A hurry his bloodhounds immediately and he went at once. The dogs were put on the trial of a man suspected of break ing into, the house of W. A. Beard, about which he was seen loafing and he was captured after a short chase. Tar Heel Topics. Nine applications for pardon are refused by the Governor. Geo. Grif fin, serving 12 3'ears for manslaughter rom Nash county ; Will Hunt, serv- ing four years from Forsyth county for larceny; James Grant, serving 15 years from Iredell county for murder in . the second degree; Sam Carter, serving five months in Stan ly county for retailing; Jee Duffy, serving two years from Rowan coun ty for retailing liquor; Jas. Marine, serving two years on the roads in New Hanover for secret assault; Clyde Strayhorn, serving two years in Durham county for larceny; George Graham, serving two years in Henderson county for larceny; Sam White, serving three years in Cabar rus county for larceny. The temperance forces of Raleigh have decided to call an election in Raleigh on prohibition or dispensary about September 15. A citizens' committee, consisting of N. b. Broughton, W. N. Jones, Z. P. Smith, S. J. Betts, W. J. Young, Dr. I. N. Pit tinger and J. T. Miller, has been name'd to make the preliminary ar rangements for the election and direct the campaign for prohibition as against the present dispensary sys tem. Charters are issued for the Sylvia Furniture Manufacturing Company 0f Sylvia, Jackson county, tlje capital $20,000 by J. W. McKee and others; $50,000, by George S. Powell, G. A. Murray and others. Thomas Marshall is pardoned by Governor Glenn at the request of many citizens of Surry county. He was serving 20 years from 1902 for murder in the second degree. The Governor says on the evidence xthe jury could easily have acquitted the prisoner. The Charlotte board of aldermen have determined to repeal the local ordinance which prohibits the Sunday selling of ice cream, soft drinks and cigars. Governor Glenn has commuted the sentence of death to life impris onment in the case of Ruffin Fuller, of Granville county, for criminal as sault, the reason given being that the Governor is . not willing to have life taken in punishment on the testi mony of such a woman as the prose cutrix seems to be. The Catawba Power Co. is now furnishing power to run the mills at Cherryville, 70 miles from the. plant. A pardon is granted Jno.' E. Cox, of Wayne county, serving eight months on the public roads for too severe whipping a negro boy, whom the .Governor says appears to be a very bad fellow. - H. G. Putnam, chief electrician of the Selwyn Hotel, in Charlotte, re ceived -2,700 volts of electricity through his body last week while at tempting to cut a "live1; wire. It was thought at first that he would die j as a resun duc iaier iie is ecu cx 1.15. Mrs. Carrie Nation lectured in Greensboro last week to a large audi emce. In the case of the State against city ticket agent Green, of the South era railway at Raleigh for violation of 7 the new , law, all objections of counsel were overruled by Judge Long and the case was ordered to trial. V . - ' ' Another new - cotton mill, costing $125,000, was started up in Charlotte rlast week. ' -U . - - High Point reports unusual activi ty in the furniture trade. . JUDGE PRITCHARD FILES RATE OPINION Declares State Law Unconsti tutional and Says His Court Has First Jurisdiction HIS ORDERS MUST BE OBSERVED The Federal Court Judge Declares the Penalty Clause of the North Car lina Eate Law Unconstitutional An Appeal to the Supreme Court Taken by the State's Counsel Attorney General Sent From Wash ington by President Roosevelt to Promote Peace Between State and Federal Courts. Asheville, Special. On Monday Judge Pritchard discharged Wood and Wilson, the ticket agents, and in doing so files an opinion of 4,000 words, in which he bases his action on the ground that agents were pro tected by his injunction and have a right to sell at the old rate until the new law is construed by his court. Also because the penal features of the new law is uncoustitutionl, be cause it is so heavy as to be confisca tory and prevent the roads from con testing it. The action of the court in declaring unconstitutional the penalty clause of the rate, while not entirely unexpect ed here nevertheless excited intense interest. Prior to the rendering of the opinion Judg Pritchard was re quested to postpone the decision un til Speaker E. J. Justice could arrive in Asheville, it being stated that he was then on his way to this city. It was stated that Governor Glenn had telepraphedthe request; but Judge Pritchard declined to grant this request, holding that the State was ably represented. Before Judge PJritchard Monday afternoon T. J. Harmon, cited to ap pear and show cause why he should not be attached for contempt of court for disobeying the court's summons in the rate hearing last week, made answer to the rule, disavowing any intention or. desire to bring the court into contempt and was discharged. Discharge Not Absolute. In discharging Harmon the inter esting and significant statement was made to him by the court that, while the respondent was discharged, his discharge might not be absolute; that the court was still considering the ad visability of proceeding against those parties who were responsible for the action against Wood and Wilson, evi dently meaning Police Judge Spears Reynolds, J. B. Wells and others who made affidavits and swore out the warrants on which Wood and Wilson were arrested, convicted and senten ced to road service for violating the State law. Judge Pritchard 's decision in the habeas corpus proceedings and rail road rate law is as follows: United States of America, Western District of North Carolina, in the Circuit Court In re James H. Wood petitioner. This is an application of the pe titioner Jas. H. Wood, to be dis charged on a writ of habeas corpus from the custody of the sheriff of Buncombe County. The petitioner was indicted on a charged of having violated the pro visions of section 4 of an act passed at the session of the Legislature of North Carolina, of 1907, prescribing maximum charges, railroad companies may make for transporting passen gers in North Carolina, tried and con victed and sentenced to a term of thirty days imprisonment to be work ed upon the public roads of Bun combe county. Some time since suits were institu ted in the Circuit Court of the United States for the Eastern district of North Carolina by several, railroad companies against the Corporation Commissioners of North Carolina. The Attorney General and the As sistant Attorney General of that State, for the purpose of obtaining protection of the fourteenth amend ment to the constitution of the Unit ed States against an act of the Leg islature of North Carolina establish ing maximum rates which such com panies claim to be confiscatory, and on a prima facie case motion was made before me for interlocutary in ductions. Accordingly, on the . 29th of June I issued injunctions pendentelite ea ioinine. the defendents and all other persons from putting the rates into effect during the inquiry before me as to the constitutionality, of the same, and from instituting prosecutions 01 attempting to impose penalties upon the companies, or their employes rot failre to put into effect the statutory rates which are being contested. The court amply preserves the rights of all the traveling public by requiring a couDon'to be erven to each pur chaser evidencing the amount to Te refunded to him in the event the rates should be- upheld and to secure the same ample bond and security were eiven. ' - This was in accordance with ths policy of the statutes of North Caro lina where a rate maae - Dy a com mission is attacked. X thereupon re ferred- the matter to a master to-as certain and report hisLconclusions le me, and to avoid delay,' required him in the order to make his report by the 25b of September, and fixed tin hearing foi the first Monday in Oct ober, w u to give the par tie oppor tunity to have the question involved Anally determined by the Suprem Court at the earliest pnib!e moment There was nothing unusual in tin proceedings which Here instituted be fore me by the several railroad corn panie in the State. Similar suit have been instituted in the Stat of Alabama, where Judge Jones is sued an injunction and also in tfu State of Georgia, where Judge New man pursued the Fame course. Notwithstanding the United State Circuit Court has thus taken jurU 1 ict ion of the whole matter, and was proceeding in an orderly way with it consideration, the evidence shows th-tt the Governor of North Carolina has issued an address to the judge of the Superior Courts of the State questioning the authority of the court to make the order referred to and asking them to see that indictments against the agent and employes of the rails oads and its officials be sent before the grand jury in order that the State may undertake the prosecu tions which are enjoined . y order, tnd stating that as Chief Executive if the State, he stands ready to aid them in enforcing the law. In c cordance with this policy a number of indictments have been found and presecutions begun in defiance of tfu order of injunction issued by the United States Circuit Court. If these persecutions are permitted and continued, the result will be to nullify the injunction which was granted by the Cireuit Court and practically d feat its jurisdiction. Not only are the rights of litigants involved, but the dignity and authority of the Circuit Court of the United States as well. These prosecutions and arrests tak ing place in widely separated portions of the State present serious difficul ties in the matter and this court U confronted with open and avowed op positions by the powers of the Stat?. Obstacles are being thrown in the way of inquiry by this court on Avrils of habeas corpus into the legal ity of arrests, and this seems to be the deliberate policy of those repre senting the State I do not wish to be understood as imputing improper motives to the Governor or other State officials as respects their action in this matter. The penalties pre scribed by the State statute for charging more than the statutory rates are so numerous that if per mitted to be enforced they would practically bankrupt the railroads in an exceedingly brief time and before a final hearing cour be .had in" the ease and thus praee the complainant in a position where it would be pow erless to assert the rights which is guaranteed to it by the constitution of the United States. If the criminal prosecutions against the agents, conductors and employes are permitted to continue the mana ge! s of the railroads cannot success fully operate their trains, carry the mails or continue their usefulness in mier-State commerce. The constitution of North Carolina contains ample provisions for the pro tection and preservation of the lib erty of the citizen. Article 1, Section 18, contains th folio win 2": "Every person restrained of his liberty is entitled to a remedy to in- ouire into the lawfulness thereof, and to such lemedv ought not to be de nied 01 delayed." Section 21 of the same article also provides : "The privileges of the writ of ha beas corpus shall not be suspended.' : Section 1821 of the revisal of .North Caro.n.a is as follows: "Every person imprisoned or re strained of his liberty within this Stalt for any criminal or supposed criminal matter or on any pretense whatsoever except in cases specified in the succeeding section, may prose cute a writ of habeas corpus accord ing to the provisions of this chapter, to inquire into the cause of such im prisonment of restraint and if illegal to be delivered therefrpm." Section 1820 of the same chapter is the only law of which I. have any knowledge which imposes upon ? judge a penalty for a failure to per form a judicial act. The section question reads as follows: "If any judge authorized by this chapter to grant writs of habeas cor pus shall refuse to grant such writ when legally applied for, every such judge shall forfeit to the party ag erieved $2,500 " Thus if will be seen that the State constitution of North Carolina u well as the statutory law affords am pie protection to every person wlio is deprived of his liberty without du" process, of law, and such being the case, it is remarkable that anyoue representing the State should be op posed to the granting of the writ of habeas corpus Likewise the consti tution of the United States and the revised statutes afford every citizen of the Union when imprisoned co trary to law protection to the fullest extent by the writ of habeas corpus. Article 1, Section 9, C. 1, 2, of the constitution of the United States is as follows: "The privileges of the writ of ha beas corpus shall not be suspended unless when in case of rebellion or invasion the public safety may re quire it." - Section 751, of the revised statutes of the United States, contains the fol lowing provision: 11 The Supreme Court of the Cir cuit and District Courts shall have power to issue writs of habeas corpus.:- ?V". : ; ; "The. several justices and judges of the said courts within their respec tive ' jurisdictions, shall have power to grant writ f habeas eorpu fi the purpose ct an inquiry into li eaae of restrain of liberty." KrvUed Statute, Sretioa' 752: "The court or jatire or judge tr wbota nch application i made thai! forthwith award a writ of habeas eor pus, unleiu it appear from the peti tion iUelf that the party U not enti tled thereto. The writ ba!l directed to the person in who euv ody the party i detained." Re vised statute, section 7V. NotritJjs4.andirifr the t4ain, provi I-n ir.d enactment contained in tht constitution and revised statute ol the United State a well a the Stat constitution and the statute of th State, it i eriouly contended that the agent of the complainant In tbi instance, when indicted fur the vio lation of the statue, (the enforcement of which has been restrained by thu court) are not entitled to this remedv which b afforded to every other. cit izen of the State. If this policy is to prevail in North Carolina persons who invest tbeii money in enterprises like that of th complainant wilt be deprived of tin means of protecting their proierl riehts and denied the benefit of th' writ of habeas corpus which is in tended for the preservation of the liberty of every citizen. It will b B sad day for the people of North Carolina when its citizens are prohib ited by the acts of the Legislature from asserting any right guaranteed to them by the constitution of the United. State. Shrits of this 1 charac ter have been brought in different States of the Union and in every in stance the Federal Courts have pro ceeded to determine the question in volved without interference, hind rance or delay by the Legislature or judicial authorities of such States. The equal protection of the law is guaranteed to every citizen of the Lnited States and I shall employ all means within the power of the court to secure to all persons who may in voke the jurisdiction of this court such rights to the fullest extent or the law. If the law is construed ii a spirit of fairness and impartiality there can be no conflict of jurisdic tion between the State courts and those of the United States. Much has been said in regard to the power of a court of equity to enjoin the prosecution of a criminal case. In the case of liobbins vs. Ixs Angelc, 195 U. S. 241, Mr. Justice Day, who delivered the opinion of the court, in discussing this phase of the ques tion, said: , "It is well settled that where property rights will be destroyed, un lawful interference by criminal pro ceedings, under a void law, or ordin ance, may be reached and controlled by a decree of a court of Equity." Dayis and Foreman Mfg. Co. vs. Los Angeles, 189 U. S. 20718, and cases there cited." In this instance the Federal court has not been the aggressor, but ha simply adopted the regular practice and procedure which has been ap proved by the Supreme Court of the United States in cases of alike na ture, and while the court is not inclin ed to do anything that will produce an unseemly conflict, nevertheless, it is encumbent upon it to protect the rights of the parties to this contro versy and the dignity and authority of this court, and this cannot be ac complished without preserving to the fullest extent the jurisdiction of the court in determining the quest io-i which has been submitted to it for consideration. Will Not Evade Issue. If in pursuing the usual and well defined practice and procedure in such cases with the sole view of main taining the jurisdiction of this court at any stage of the proceeding, con flict must come, and I trust that it may not, I shall not evade the ro possibility which is imposed upon roe as the presiding officer of this court. Much has been said about the sover eignty of State. That question doe? not arise in this controversy. This court having assumed jurisdiction of the subject matter involved in the original suit, wherein the railroad companies are complainants, and the railroad commissioners and others ara defendants, the real question is as f whether this court shall be denied full and complete jurisdiction of tho subject matter as issue in that suit. If the contention of counsel repre senting the State be true, then this court can be deprived of its jurisdic tion by the multiplication of criminal prosecutions in the State courts against the complainant, its agents and employees to such an extent as to finally place it in a position where it will be deprived of a larger amount than that which is involved in the original controversy, and, thus by in direction the complainant will be de nied a right which is guaranteed to it by the constitution of the United States. Thi proposition is incon sistent with the well established rules of judicial procedure and does noi commend itself tc this or any court sitting as a court of equity. It ex cludes the idea of comity between courts of current, jurisdiction. Judge Pritchard cites judicial opinions to show "that the penalty clause of the rate act is of such a na ture as to deprive the - railroads, cf due process of law, and is therefors unconstitutionaL He also cites number of rulings to show that after the Federal Court once took jurisdic tion in the case the State courts were barred from- interference. 'Asheville, SpeciahAfter Judge Pritchard had signed the judgment Judge J. H. Merrimon, special counsel, for the State, gave notice ot apoeal and waived bonds, but under tbe law the court fiir4 a bt at ch for Woo4 aad Vim. linik ide cwr ratpd t mW lb appeal a imple a roiU to rdrr la project the otat at b9 to the Saprrtce Court. EasaUary Item Watfcisftea Scat by Preldat BooccTtlL Edward T. Sanford, a Attorney General cf the Depart aot of Jus tice", arrived bene Monday morning, and it i undertou4 that be eofw a an emiary of IreiJeot KrTelt to promote trace between Federal and State courts and to artang that there shall be an appeal from Wtlt the State and United State court. While Mr. Sanford i!is to talk for publication, be did Sot deny that he came on a.niMou ot peace. He bring the assurance that if thj ease an? allowed to proceed in aa orderly eoure to the Supreme Court of the United States, the IVpartraen of Justice will request that court t, advance the cae to an early bear in. SOUTHERN FINED $30,000 The Case Against the Southern Rail way at Raleigh Has a Sensational Termination, a Fine of 30000 Being Placed on the Road and a Nominal One on Green, Who Pledges Himself to Sell No More Tickets at the Old Rate. Kaleigh, X. C, Special. The sen sational trial of fthe Southern Rail way Company and City Titcket Agent Green for violating the new State 2 1-4 cent passenger rate law which threatened an interference of Federal court procc fb arrest the trial in the State court, terminat ed Friday evening in the State court with a verdict of guilty both as to the Southern and Agent Green and the imising of a $30,000 fine on the Southern and a nominal fine on Agent Green who pledged himself not to further violate the law Green was given the choice of abandoning the sale of tickets and paying a nominal fine or standing out against the State court and receiving a sentence to prison and j)ossibly to the ehaingang In choosing to pay a flne he stated he felt be was guilty of no wrong; but he had an aged and ill mother who could not understand the situat ion and, lest further resistance might embitter her life, he would not re sist further The understanding i that Green will be given some otbar position with the Southern However, issues may end for the Southern at Asheville the case will probably be carried right up to the United States Supreme Court and there will be affidavits netting out that the prosecution of the South ern's agent is as in Raielgh forcing their agents to leave their scrviej thereby wrecking the business of the company. Southern counsel claim they score an advantage by Green' having been forced from their service As to the fine of $30,000 the Southern has ten days in which to file notice of appeal. Fearful Storm Damage. Baltimore, Special. A fpeeial to The News from Grafton, W. Va, says that from three to five lives lost and a half a million dollars damage is the result of a cloudburst and heavy rain storm between Grafton and Tunnelton. Among the dead are Cludus Wolfe, of Evansville, and Frank Gibbons, of Newberg. More than half, a million dollars damages resulted from cloudburst, storms and floods at Newburg and along the Cheat river valley in Pres ton county. Houses were washed away, the main line of .the Baltimo e & Ohio Railroad is out of commis sion and telegraph and telephone wires are all down. At Fairmort the Monongehala river is at a hub stage and freight and other proper ty has been removed. At Kingwood, three miles of" Baltimore & Ohi-J Railroad track wa washed awa. The United Brethren Cbureb, t Evansville was overturned and swept down stream. Coleman Morris, agal 30 years, a farmer of Big Isaac, this county, was struck by lightning and instantly killed. Heavr rain at Wes ton caused the highest waters along Polk Creekr and the West Ford river into which it empties, near the: tow.i, since the flood of 1SSS. All the bridges across Polk creek and other property along the creak and river were carried off in the flood. A number of residents had fo use row boats to get to tnd from their homes. A 'sudden rise in the Monongabela river during the night wrecked the new bridge between Monessen and Charlerlo. All the false work wa swept away. The loss is estimated at $100,000. , John Jones Not Guilty. Monroe, Special. The jury, in the case of John Jones, on trial as on of the afieged lynchers of John V. Johnson, returned a verdict of not guilty, at 4:45 o'clock Friday after noon, after being out about half tin hour. - - The service periodical, "The Navy," t attacks the constitution of American vessels, declares that the Pacific 'cruise is a blunder and that the battleship fleet is in no condlti3i to make the long trip. ORDERED TO ROADS Violations of North Carolina's Rate taw Meet Punbhmtni 5 ASHEVILLE JUDGE IMPLACABLE Police Jostic lUyaaU Srriatt a Sa&iaUoa at AiTi2, N C t Cc&aittiaf Ifet T o SotlUni way Ajf&U to the Coaaty Eeaaa for a Month "Doa't Give U redcril Comrt aa 0?rnac;iy u Xaicrfert With the Sui Court," the Jcdj' l&ilrocU&aa to ll Sheriff. Ah?i!h X. C, Sjiil lWfr Judge Sjrr Reynold 1st the it Jf polire court !htrirt r4t Aert4 Jme II. Vwl, of the S-mthrrn Hi!ay, ! a tuetr.bcr of ihe Ur4 of aldrrmen of Ahcv$!'e, aod O. Wilson, tiekrt iwllrr for the S.mth cm at the local par!ir mtation, were tried on a charge of uttn; the new State tat l of 2 1-4 rett a mile for tranijwrtdtsrtn, ei!irtM and iitener! to the couuty fbaiu gang fur 30 day earh. Harmon wa the only wil .t the eonli)fion of hi tetiwi.y Judja KrynohU announce! that the Sut would rrt. Judce Charles A. Mip', of counsel for the Southern llalayt and rpreenting the indicted a.?r nts Mated that he desired to inlhuluce no witnce. "Can you or mill you iay a finet" The jMilice juiti dtreet! th queMion to Mr, Wood, standing jut in front of the bar, and pjarrnu cool and indifferent t the r-ult. Jvige "Moore quickly tepi-tcd the olice justice to ml. In any question to ftnmel. Again the question put, thi time to Jude Moose, "Can you or will you pay a fine I Judge Moore made reply that le would hnvv to rotfddrr the mutter. The jolicr justice, nayitiy that he re irretted to do what he o aHut l, directed the clirk to mrke an entry that the defendant lx Mnt to th road for 30 day each. Jude Moore thcreujuin Mated in ojcn conit that la intended to apply for a writ ef habeas corpus and req'ieMcJ that the prisoner be allowed the cus tody of an oiTicer. While Judtre Moore n Hnking the Kliec justice was writ in;. Ir ently he handed two slip of prqier to Sheriff Hunter. The pajwi we to commitments for Mr. Wood mid Mr. Wilson. "I tnit," naid the j-.lico justice, and handing the eomiuitntnt'k to Sheriff Hunter, that Jon w'.Jl not give the Federal Court an oj'-r-tumty to interfere with the Stale courts, which it ha no right to do." The prisoner were then turned over to Sheriff Hunter. The sheriff, at the request of Judge Moore, ac eompanied the prisoner to the ofilrrt of Moore and Hoilin. There wn much interested speculation as to just what course Sheriff Hunter would pursue, whether be would nl the convicted agent direct to the county ehaingang, some ten mile from the city, or hold the prisoner in custody awaiting action on a writ of habeas corpus. Released on Habeas Corpus. Asheville, X. C, Special. District Passenger Agent Wood and Ticket Seller Wilson, under wntencc of 30 days on the county ehaingang by th city police court for violating the passenger rate law, were taken be fore Judge Pritchard on a writ of habeas corpus at 11 o'clock Friday morning. J. 0. Merriman aked for a continuance of the hearing until hU father, James II. Merriman, rpee ially employed by the State, could be present. Judge Pritchard grant ed the request and act the bearing for 2-30 in the afternoon, and re manded Wood and Wilson to the cut tody of the deputy marshal. Bond in the sum of 200 were allowed and the indicted agent were onrc more in the enjoyment of their liberty. Tennessee Bank Bhcrt $39,000. Gallatin, Tnn., Special The door of the People' National Bank ar closed pending n invest iifation f the condition of the bank. Some ir regularities were discovered severtl days ago and President Payne tcl graphed to Washington for an t. aminer who is now auditing the books. A discrepancy of $30,000 bai been found in the accounts. Two Fatally Shot, One .Seriously Wounded in Pistol Duel. Lexington Ky Special. In a pistol fight that took place in a sa loon at Pound Gap, on the Kwtucky Virginia line, two men were fatally shot and another seriously wounded. William Robinson and John Center, between whom an old grudge existed, met, and Centers opnd fire. Sever al shots were exchanged and Center fell mortally wounded. Half ao hour later ;Bab" Stewart and Isaae Bcntley met and began sbootinj Bentley was fatally and Steward seriously wounded. Eif Fire la Texas Tows. Chilli eotbe, Tex., Special. Frie de stroyed a business block with total loss of $150,000 and light insurance. The heaviest losers are O. R. Jones Company, hardware; J. X.. Fain, drug store; Ben F. Griffin, drug store; J. L. Watson, hotel; A. L. Howard & Company, grocers: J. F. -Bryan, hotel, and Chillicothc Lumber Company. s t.
The Caucasian (Clinton, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
July 25, 1907, edition 1
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