30 PAGES TODAY MEW SUNDAY EDITION And evening chronicle "GREATER CHARLOTTE'S HOME NEWSPAPER" ABEOTTE : . zz . . j r CHARLOTTE XEWS Establish ?A EVKHUO CHnONlCLBStibJUhed. I TREATY NOT SUFFICIENT TO W TROUBLES Admitted That America Will Have Representation in Allied Bodies. BO UAH STARTS FIGHT. Headed for League of Na tions He Says; Treaty Will Not Function. BY I. BART CAMPBELU liitcrnntlonal News Staff Correspondent. v.-..shin?ton, Sept. 24 An act cf C;- ; empowering the President to - ::t an official American representa- v. n the Reparations Commission .-.id by the Versailles Treaty is like ly . he urged by the Administration ; i rwing ratification of the German, Au n and Hungarian peace treaties, F.rp.'.iv.ican leaders admitted tonight. ;' ,, h an act would be made neces sary l y the reservation to the treaties ii ! by the Senate foreign relations , v..:r.ittee as part of the resolution of i.;... Art mm, which stipulates mat tne in . ; y commission designated by them ai Congressional authorization. I r. pening debate on the treaties in striate. Senator Lodge, of Mas.ii s ::s. the Republican leader, intj- c plainly that the Administration v- -iidering seriously the necessity A --Tican representation on the R-p- rs Commission The Reparations Commission has ; great powers," Lodge said. "It controls the tariff and taxation ;-:r.iany and the right to trade free ::; h Germany and enter her mar- V.ets unrestricted. It exercises very viowcrs, wnich are of vital im nce to the United States from a j trauo viewpoint aione, and it may be the utrht desirable that we should be jj represented on the commission where so much is at stake affecting our j business and economic prosperity. I "I do not think our representation sn the commission would involve us in S3nv obligation in the nature of an al l ance with any one. We would be r ",ir?3'?ntoa on me commission to pro ' our interests, and the functions ; the commission, as I understand fN'TTi. do not involve, In any event, ihe v.so cf force." Senator Borah, Republican, Idaho, : yc rted by Senators Reed, Democrats Missouri, and Watson, Democrat, Oror.Eri.i, contended that the treaties ould not only put the -United States into the Reparations Commission but. into the Versailles Treaty as well. Bo nh'.s contention was that the United ,L::i:. s sought to reserve its rights and j.r.vi'.rgcs under the Versailles pact by mkhy; a contract with Germany, for irsanco, when Great Britain, France, 3 ; ly ;:irl Japan, as the Powers in con- it-c; oi the Reparations Commission. j -iT-. not Germany, would "sit in judg ir.vnt upon what those rights and priv ! ilf fT"s are." F.o.-ah denounced the German-Arr.er-;:-.r treaty as "tying usup complete !- vith the Versailles pact," and bolh jr-'n.-ftors Reed and Watson declared j''-- tho treaty looked to them "an ' i vre are heading into the League ;r; X'.iions." TO WITHDRAW TROOPS. ) I.of'gp announced that withdrawal of S American troops from Germany would f.llriv.- ratification of the German pact. V:r;;b. declared that he thought -'it jftouVl bo selfish for us to depend upon exacting our claims upon Germany j through the Reparations Commission lb' the use of French troops on tha 5l:hin alone in the enforcement of the siiiorros and mandates of the commte 'n nnd the provisions of the Ver- i-'illrs treaty." I When the Administration asks o.u ithori'y to join the Reparations Corn 1 mission. Congress will be told that tn ) Uninxl States cannot settle financial j questions between Germany and this government, growing out of the war, I unless wo become members of the Rep i p-ations Commission. This is because I th" conmission is Germany's master. Herniary is not permitted to pay out j a dollar of foreign indebtnesg except JiirW the approval of the commission, i 'ir to negotiate independently for st jtrrr.rnt. (f obligations. The only, ox 5 f Ptif n to this is the money due for j kpp-) of the American army of occu- I ton. ;ind claims secured by the Ger i1 n properly which the alien property ' Jrodian holds. i Claims growing out of the Lusitania ('prm;my of the money this govera ""nt !r,aned Belgium, and which Ger many is obligated by the Versailles 'rpf.ly to repay to the United States, prl or nor claims would be passed on a tribunal, composed entirely of for t;snors, Congress will be reminded. & THOUSAND KILLED IN MOROCCON BATTLE Pari:?, Sopt. 24. Forty-four thous-5r''- Krariiards and Moorish tribesmen vo i,. ,.n killod or wounded in a ter ;r .'Stl.l': which raged for ten days 0 Morocco, according to a Madrid dis- at'.h t0 L'intransient today. , is censoring news from ' the ifocruri theatre of war and the re- 'H f,r h"avy losses have not been ' "infirmed. . - . .i iays or tne moodiest ngiiLin ''' r'i Spanish troops ever engaged. Tiri"-'l the dispatch. :-;w'inish were said to have lost lulled and wounded and the 26.000. Manv of the tribes- '' wk n prisoner. v ' CASES -OF PARALYSIS. ry Vnrk, Sept. 24. Sixty-nine cases ; 'rf intile paralysis were reported -rfi (i it. -i : . t.U-f rt. -iiiiti tne ween fiiujiiK luius"1- trii largest, nuuiuer omvc tic 'W:rtL: of 1916. loiraday f-Ti n-n- . S& 8' 1010. HIGHER IMDF STATE IS m IYEXPCjTI State Superintendent Brooks Heard in Eloquent Ad dress at Grounds. DR. JOHNSON NOT HERE Educator Says Exposition Shows New Raiment Cov ering State's Soul. Considering the exhibits in the Made-in-Carolinas Exposition as renre senting the apex of North Carolina's industrial growth. Dr. E. C. Brooks, State Superintendent of Education, :n his address Saturday afternoon on the "Educational Maning of the Exposi tion," declared that the exhibits al.so were illustrative of the progress Caro lina has made along every line through the changes of a hundred years. Dr. Brooks' address, which was heard by one of the best afternoon audiences of the Exposition, was filled with ideas and illustrations which diverted the minds of his listeners from the mi terial development of the State as rep resented by the exhibits to considera tion of the progress the State has made through changes educationally, social ly and spiritually. He spoke for per haps a half hour and the eager atten tion of the audience indicated extreme interest in the discourse. The changes in life have occurred simultaneously. Dr. Brooks intimate!. "Today we have schools our granct -fathers of a hundred years ago nev?r dreamed because we have conditions of which they never dreamed." PRAISE GIVEN SPEAKER. Dr. W. H. Frazer, president or Queens College, introduced the State Superintendent of Education, crediting him with the wonderful progress Nortn Carolina public schools have made in recent years. He reminded that, un der the leadership of Dr. Brooks, North Carolina has surpassed in edu cational rating 14 other States. On the platform with Dr.. Brooks were Profes sor Graham, one of the State's pioneer educators; Prof. H. P, Harding, super intendent of the city schools: Col. . H. Boyden, of Salisbury, and Exposi tion Manager Bryant. Dr. D. B. Johnson, president of Win throp College, who was on the pro gram . for an address, was unable to corns to Charlotte owing to illness. Con sequently. the only address of the af ternoon was made by Dr. Brooks. Sev eral musical, selections were rendered by the New York City Band preceding and following the address. Dr. Brooks opened his address wirh reference to the beginning of the in dustrial growth of North Carolina with the establishment of the first iron fac tory in Lincoln county "in 1791 and the first cotton mills in that county in 1811. The people of the State thought along different lines ( then than do the peoole of today educationally, socially and spiritually, he explained. Following his brief review of the !n dustrial development of the State, he took up the changes in thought and ideas,- all of which have wrought :i greater and better State, said he. THE GREATER STATE. "When we had slow methods cf transportation and primitive .manufac tories we wanted money for great im provements. We called on the Govern ment but the Government said the con stitution prohibited the appropriation of money for such enterprises." Since, he continued, the people have seen a change in their interpretation of the constitution. The result is bet ter roads, better schools, better facili ties for caring for the unfortunates of the State and better conditions of liv ing for all citizens. t He attributed to changes m the intei oretation of the constitution the will ingness of legislators? to authorize the "program so vigorously pushed by your distinguished citizen, the governor, un til we now have the greatest road building program, perhaps, of any State." , , . Education has changed because of the change in conditions since Joseph Graham built the first iron factory in Lincoln until the present great display of manufactured products, said he. Then, he pointed out, there was not a county that had a school system the children could attend without paying. Since that day arithmetic and geog raphy have changed. The arithmetic and geography which the fathers of a hundred years ago studied are different from those of today. Business of a period, he reminded, affects the arith metic, and also practically every other sumject taught in the schoois. INDICATES HIGHER LIFE. Stressing the fact that he considers all the changes an improvement in tne life of man, Dr. Brooks declared he liked to think of the Made-in-Charolmas exposition "as evidence of new rai ment covering a more refined soul than has ever existed in the world. He attributed the changes to the "spirit of God at work in the world. The same hand that rounded Peters dome is the same hand that has worked through man to create these things. In giving consideration to the spirit ual changes in man, he referred to tne fact that one-half the "crimes on the criminal dockets of today were not considered crimes a hundred years ago. Prohibition he mentioned as an un dreamed of condition then. Man has not the time nor dispositi - longer to doubt the existence of God. said Dr Brooks.' The preachings of Ingersoll was referred to-with the declaration that this man has passed out and his doctrine forgotten. In conclusion, he urged parents and teachers to teac the child the meaning of these great changes. The meaning of the' exposition and its effect on their lives and morals should be stressed, he added, he emphasized that (Continued on Page Nine.) At Tlhie WN ON 1 ' CHARLOTTE, N. C, SUNDAY MORNING, SEPTEMBER 25, 1921. AL SEMNAC STAR WITNES STAT Presents Damaging Testi mony Against Fatty Ar buckle at Hearing. IS TOLD IN WHISPERS. Semnacher Was Reluctant Witness and Tried to Avoid Telling Story. BY M. D. TRACY, L otted Press Staff Correspondent. San Francisco, Sept. 24. Roscoe ("Fatty") Arbuckle, world famous come dian, sat disconsolate in his cell at the city prison tonight after his hardest day in court since he was arrested two weeks ago" today charged with the murder of Virginia Rappe, the best dressed girl in the movies. Hjs time in court today was only 00 minutes, but he heard Al. Semnacher, his friend, and Miss Rappe's former manager, charge that when Virginia was lying nude on one of Arbucklo's twin beds, the big, baby-faced come dian had tortured her indescribably. Arbuckle had seen Miss Rappe's cloth ing showing big rips, his soft, fat hands were alleged to have made, dan gled before the eyes of a court room full of women and Semnacher's iden tification, and before the eyes of Mima Durfee, his faithful little wife. COMEDY TURNED TO TRAGEDY. Roscoe and Minta, sitting cuddled close together at the bar of justice, watched unfeeling actors portray the first real tragedy of1 the comedian'j life. A third major phase of Semnacher's testimony dealt with a conference, he, Arbuckle, Fred Fishback and Lowe'.l Sherman held in the offices of Sid Graudmen, theater owner of Los An geles, two weeks ago Friday. It was then that Arbuckle had learned ugly accusations were being made against him and he determined to come to San Francisco at the request of the San Francisco chief of police. Senmacher described Afbuckle's La bor Day party, how he and a party of friends had been in Arbuckle's suite at the St. Francis hotel here. SEMNACHER RELUCTANT. Semnacher, matching wits with the district attorney, parried in every con ceivable imanner against answering questions designed to bring out the al leged admission on the part of v Ar buckle "the morning after" the gajr hotel party. Pale and trembling, he finally repeat ed an alleged statement of Arbuckie to the effect that he had placed ice in the body of Miss Rappe. The state ment was made by Arbuckle in his rooms at the St. Francis in the pres ence of Lowell Sherman, Fred Fish back and Harry McCullough, in addi tion to the witness, Semnacher de clared. The exact language Arbuckle used went into the record but the witness whispered it to the stenographer after he had submitted his answer in writ ing to the court and attorneys for both sides. The conversation had turned to the party of the day before. WHISPERED THE STORY. "Did Arbuckle say anything at that time about a piece of ice " suddenly shot the prosecutor's question. "He did," was the answer. "What did he say?" "He told us that he had placed a piece of ice on Miss Rappe," replied Semnacher. "On," came the relentless question er. "No." was the answer. "Well?" The answer was unprintable. But it did not satisfy the man who represent ed the people of the State of Califor nia. "Exactly what did Arbuckle say?" demanded the prosecution. "I don't want to say his words," Semnacher said. "I insist; they are important," con tinued the attorney. Semnacher hesitated. "Well whisper them to the court reporter," suggested the questioner. ' Semnacher did. They were then written on a bit of paper and passed around the counsol table. Mrs. - Arbuckle was looking straight downward. She played with a long string of solid amber beads. Her .bi; eyed dimmed beneath long black lash es. Her cheeks were red and swollen It seemed she was going to burst into tears that she wanted to cry. ARBUCKLE FLUSHED AND JERK ING. Arbuckle turned his head away. His face was flushed and jerking. He spread out his arms across the backs of near by chairs and with one hand clutched nervously the brass rail which separated the defendant's chi'ii from those of free men. Mrs. Arbuckle's mother, gray, but still alert, smiled wanly towards Minta. Finally the sordid subject was changed. But only for an instant Just long enough to turn the scene back to the late afternoon of Labor Day. Semnacher ' told again that he had picked up and carried away Virginia Rappe's torn clothing from Roscoe rbuckle s room; A detective nanaeci the prosecutor a bundle of white and green. Unfeelingly it was opened, un folding the last clothes worn by "the best dressed girl m Hollywood." CLOTHES EXHIBITED "Have you seen these before?" asked the prosecutor, handing Semnacher a pair of gold cuff links engraved withe the initials "V. R." . "Yes," was the answer. "What are they?" "They were Virginia Rappe's cuff links." The cuff links were duly marked as exhibit eight. Next came a green jade bracelet. It (Continued on Page Nine.) FOR EsposMoira Will l l . . -- NEW Al GRAVE CRISISNIRELAND CAUSES ANXIETY Lloyd-George's Answer to de Valera is Perused by Cabinet Members. RIOTING IN BELFAST. Arthur Griffiths and de Va lera Hold Conference Dur ing Afternoon. , Dublin, Sept. 24. Eafnonn de Valera was reported tonight to have received a communication from England which portends important developments in the Irish peace situation. Arthur Griffiths spent the whole aft ernoon in conference with de Valera at the latter's seaside residence. There was much activity in this city tonight by black and tan policemen. They appeared in hte streets bearing aims for the first time since the Irish armistice went into effect. That a new and grave crisis has de veloped, which is causing much anx iety, was apparent. It was reported that Premier Lloyd George had sent a note to de Valera and that it was under discussion by the Sinn Fein chieftain and Griffiths during the afternoon and evening, but this was not officilaly confirmed. Dis patches from London during the aft ernoon indicated that Lloyd-George's note would not be sent for a day or two. The populace is hopeful that the crisis will pass without a recurrence of warfare, but it is admitted that the outlook is now very black. PAVES WAY FOR PARLEY? London, Sept. 24. Premier Lloyd George has prepared a new note to Eamonn de Valera proposing an Irish peace conference early in October, it was reliably reported tonight. The note is understood to recognize de Valera's virtual withdrawal of his claims of Irish sovereignt. This was , the obstacle which caused the calling off of the conference pre vious proposed. The note, it was understood, insists that Britain will not consent to dis cuss separation of Ireland from -, the Empire, . . itf-S , The 'October conference must be en tered by the Irish' delegates with this distinct proviso. Lloyd-George's note has been sub mitted to other members of the Cabi net. It is unlikely that their replies will cause a change in the wording of it. The Premier's advisors at Gairloch are mostly liberals, who favor a pacific Irish policy. The Unionists are not represented there, but they are also believed to be tired of the verbal battle between Lloyd-George and de Valera and to be anxious for a definite settle ment. THREATENS ELECTION Lloyd-George now is threatening to precipitate a general election if the Irish negotiations fail, and re-elect his ministry. He would blame the reac tionaries for faiilure of the parleys. Winnston Churchill, speaking on the Irish situation to an audience in Dun dee Scotland, declared he saw no foun dation for hope. "The Irish position is still uncertain," he warned. "An Irish Republic meana inevitable civil war." Churchill declared Ulster had ceased to be a stumbling block to the nego tiations. Ulster has made great sacri fices, he - said, and is wliling to see peace in Ireland. "I am profoundly disappointed at de Valera's rejection of home rule," he said. "A lasting peace in Ireland would be helpful, not only to the empire but to the entire world. Britain now is able to enforce the law in Erin, but we must clear the misunderstandings whch have developed. Then, if our terms are rejected we will have the support of the entire world. "Our offer is generous and sincere. But we must insist on allegiance to the king, whether he be the king of Brit ain or Ireland." "We have reached the end of our tether." The mystery of the situation tonight !ay in the riots in Belfast. The re ports indicated fierce fighting had been waged unjtil early today. A comber quiet hung over the streets of the east side where the troopers, (Continued on Page Two) TOUGH OLD WINTER IN PROSPECTEXPERTSSAY Washington. Sept. 24 It's going to be a tough old winter if the law of averages prevails and the wise house holder will lay in his supply of anthra cite early, coal experts of the geologi cal survey indicated tonight. Production of anthracite and bitu minous coal is increasing but there is indicatio n.of large supplies being laid away as surplus and if .railroad trans portation should be impeded there is some likelihood that a coal shortage would exist. North Carolina: Partly cloudy in east, probable showers in west portion Sun day; Monday showers; no cfhange in temperature. . South Carolina: Fair Sunday; Mon day partlv cloudy, probably local show ers in interior; no change in temperature. . . THE THE Conference Will Be An Acid Test Of Nations9 Sincerity Will Enable the Controlling Nations of the Two Hem ispheres to Put in Writing Some of the Lofty Sen timents Professed Since Signing of Armistice. By ROBERT T. SMALL. Staff Correspondent of The IVewn. Copyright, li)21, by JVews Publishing Co. Washington, Sept. 24. Although the phrase is borrowed from a previous oc cupant of the WTiite House, the Hard ing Administration has undertaken an "acid test" of the sincerity of the leading nations of the world. it s The forthcoming conference on the Limitation of Armaments is simply that and nothing more. The conference will enable the controlling nations of the two hemispheres to put down in writing some of the lofty professions and sentiments that have echoed round the world since the signing of the armistice. It is no longer a secret that the United, States took the lead in bring ing about this conference because it is the nation best fitted to continue to arm in the future. The last thing the people of the United States desire, the last thing that President Harding would want to engage in, would be an armament race withr any other nation or any ether combination of nations. Plain 'and sincere words are likely to be uttered across the armament conference table. And so, when it comes time for the United States Gov ernment to place its cards upon the table, they will be face up. There will be sufficient publicity to the confer ence to let the world know that, if the the other nations are not willing to co-operate frankly and freely with the United States in bringing about what President Harding terms "approximate disarmament" the United States can set a pace that will completely crush those who attempt to compete. ONE OF TWO RESULTS.- It is becoming clearer as the con ference approaches that one of two things must h'appen. Either there will be an agreement to limit armaments in the future not a halting, hesitating agreement, but a whole hearted one or there will grow out of the parley a staggering era of war preparation. For if the other nations refuse to join with the United States in the limitation of armaments, it will be plain to all that this country is isolated and must pre pare to take a completely independent part in world affairs. It is unthinkable, of course, to the Washington Administration that the other nations will not only gladly join the United States and it is difficult to envisage a refusal at this time of the leadership offered. The Washington Administration feels' RAILROADS NEAR ANOTHER CRISIS Railroad Union Officials Think the Roads Will Col lapse This Fall. BY MILDRED MORRIS International News Service Staff Correspondent. Washington, Sept. 24. A crisis which will develop into the breakdown of the railroads, necessitating their im mediate return to government control, is due within thirty days. This prediction wll be made in "La bor," the official organ of the railroad unions, in its next issue, it was learn ed tonight. The prediction is the view of railway labor officials. The prediction is significant in view of information from authoritative sources that the railroad union exec utives are delaying plans for a general strike in anticipation of just such a situation. They look to a collapse of the rail roads to win public support ,for the railroad workers in their demands for government ownership and democratic control. It was pointed out tonight that the workers would then be in a strategic position to deliver an ultima tum which would give the government choice between two alternatives a general strike or the taking over of the roads. "They will then be in a position to base their fight solely on the ground of public service," said, a prominent labor official. "Anxiety to prevent in convenience to the public has delayed a strike as much as anything else. When the collapse of the railroads comes, the men will give warning they will refuse to work until the rail roads are made fit for public service." Glenn Plumb, father of the Plumb plan of railroad control, and counsel of the railroad unions, .declared tonight that a railroad collapse is "inevitable." In about thirty days' begins the rush scene for moving winter coal and then, according to Plumb and "Labor" wil? begin the final breakdown of the roads. The National Coal Association sup ports Plumb's statement that the rail roads will not be able to move enough coal to supply the public's demands be cause of lack of cars and one of - the most critical situations in the history of the nation will arise with the pros pect of a coal famine in several sec tions of the country. "Nothing can save the railroads now," said Plumb. "With all the cars available used for moving coal, there will not be enough to supply the nor mal demand. "Waste and neglect on the part of the railroad management are respon sible . Millions have been paid out to stockholders for speculative purposes. Those same millions spent in improve ments could have been used in pur chasing cars to haul coal." ROWAN NEGRO SHOOTS AT MAN WITH HIS WIFE Salisbury, Sept. 24. Poor marks manship on the' part of Charlie Bar ton, negro, saved the life of Henry Sims, another negro, when Barton fired a 45-calibre pistol, three times point blank at Sims, whom he caught walk ing up one of the city's main . streets with Barton's wife. Ke CHARLOTTE SEWS f Consolidated EVENING CHRONICLE I Slay 8. 1914. that th-.? nations invited to the confer ence holds the peace of the world in their hands. Therefore, the forthcom ing conference holds the issue of peace or war. If the nations are earnestly desirous of peace, the United States, the' most powerful of them all, is will ing to meet them more tnan half way. As a matter of fact, military and na val men are already declaring that the United States has shown its earnest ness by virtually, disarming in advance of the conference. The army is being cut down to what amounts to little more than garrison strength, or a na tional police force. Building has been stopped on many important naval ves sels of the first rank, while other ves sels are being allowed to fall into a non-serviceable condition due to the lack of a personnel sufficient to keep the establishment up to anything like its wartime strength. SUICIDAL FOR REST. However, it would be suicidal for the other nations of the world to mistake the sentiment of the United States. There is pacifist sentiment in the Unit ed States simply because the American people are always ready to attribute high motives to other peoples and are unwilling to believe that any other peo ples or any other governments would contemplate war with this country. Let the drift of the forthcoming con ference show a belligerent attitude on the part of the other nations, and the sentiment of the American people would swing overnight. It has swung just as quickly before. The more that Washington observers and diplomats study the coming con ference at ' close range, the more deli cate they realize its deliberations will be. For this reason there is very ser ious doubt that the sessions as a whole will be! open to the public. i President Harding and Secretary of State Hughes are earnestly endeavoring I to find a means of the completest pub ' licity possible of all that goes on in I the conference chamber, but it is real ized that, after all is said and done, if the sessions were to be open to the I public always, they would drift into ! extremely formal affairs, with a lot of oratory ior nome consumption, wniie the real agreements would be reached in private conferences attended by only a few of the delegates. Of this, however, there can be no doubt, greater efforts will be made to ward complete publicity than ever were attempted at any international gather ing of similar importance. CHINA MAY BALL UP CONFERENCE Dr. Sun Will Not Recognize Conference Unless He is Represented. By GEORGE II. HOLMES. International News Correspondent Washington, Sept. 24. A crisis is rapidly developing in China which may have a vital and far-reaching effect on the forthcoming armament and Far East conference, it was learned here tonight. The North China government at Pe kin, which is the only recognized gov ernment, apparently has chosen to ig nore the suggestion of the United States that China send a "unified" delegation to Washington, and the delegation now. about to sail contains no representa tives of the South China government of Dr. Sun- Ya"t-Sen. DR. SUN SENDS NOTICE. Dr. Sun Yat-Sen has notified Secre tary of State Hughes that unless his representatives are permitted to come to Washington and take part in the proceedings he will not recognize any of. the conference decisions regarding China, as having any force. Inasmuch as Dr. Sun's authority extends over nearly half of China, officials were dis posed to view the situation tonight j with some gravity. Officials of this government said to day that the United States had gone as far as possible in suggesting that the Pekin government recognize the Canton government to the extent of repre sentation on the official delegation. It was asserted that the only recognized Chinese government is that of Pekin and that this government cannot in vite or permit &outh Chinese delegates without the consent of Pekin. CRISIS EXPECTED. Confidential advices reaching Wash ington are to the effect that Sun's arm ed forces are expected to attempt a whether successful or iJ oglPStaffNa drive northward on Pekin, and wheth er successful or not, such a move would create a perplexing situation at the con ference here. Munitions and arms for such a drive, obtained from Japanese sources despite the international agree ment not to ship arms into China, are now being concentrated by the South China government. It (S charged by Dr. Sun's govern ment, through Mr. Soo, his Washing ton representative, that the officials of the present Pekin government are dom inated by Japanese, and that the dele gation designated by Pekin to come to Washington is also dominated by To kio. Pressure is being brought to bear on Pekin to adjust its differences with Dr. Sun's South China government to the extent of allowing China to present a united fxpnt at the November confer ence. The "suggestion" made by the United States a. week ago to this effect was the first step. Administration officials are anxious to see the troubles adjusted. They do not desire to have complications arise in the conference which might conceiv ably menace the all-important decis ions that are to. be made in Chinese matters. They also are not oblivious to the fact that a sudden shift in the affairs of China might put Dr. Sun in a more commanding position than he has yet been able to attain. i i inicollifii Cotuuntty ... IPPIPP T?TV"I? OITXTTO I 1 AVlL;.i 1 1 Ej IlQ GOVERNOR WILL NOT INTERFERE i 1 HARRIS CASE Ridgecrest Merchant Must Pay Extreme Penalty of ' the Law. DECISION IS A SHOCK. Friends of Harris, Stunned $ Governor Finds No Flaw in Record. By JULE B. WARREN. Staff Correspondent of The fSerrm. Raleigh, Sept- 24. Governor Camer on Morrison this afternoon refused to interfere with the judgment of the court in the petition of J. T. Harris, Ridgecrest merchant, who on Septem ber 3, 1920, waylaid and killed W H Monnish, wealthy tourist and philan thropic Baptist layman of Alabama, for commutation of death sentence to life imprisonment. Unless there is further executive in terference, which is not likely, Harris will pay the extreme penalty for his crime on October 20. The Governor announced hi8 decision immediatley after the attorneys for the two sides had finished, dictating a state ment giving his reasons for refusing to interfere with the judgment of the Court. The statement declared that evi dence had been produced which caused him to oubt any of the testimony offered by the Rev. Livingston Mays, corresponding secretary and manager of the Bautist assembly grounds at Ridgecrest, but that with all of this evidence taken out of the record, there would still have been sufficient evidence left to have justified the verdict o first degree murder. GOVERNOR'S STATEMENT. The statement of the Governor fol lows: 'l think, gentlemen, that you have done all you can do to save this man's life. feel that I am as ready now as I will be at any later time to meet my duty in respect to it. It is true that under the Constitution of the State I have the power to stay the execution of the judgment of the Su perior Court of Buncombe County, affirmed by the Supreme Court of the State, but I do not think that such new evidence has been brought to my attention, or such evidence of the character and,.jmanner:" of the trial in ' sthecourts has been made known to me as would warrant me - In staying the processes of the court, and commuting the death sentence of the prisoner to prisonment. ."The two dissenting judges upon the Supreme Court did not say that the prisoner ought not to die, or express any opinion indicating that either of them though him innocent of murder' in the first degree. They dissented from the majority judgment of the Court unon certain excontlorm flHslff-riejTT as errors by the prisoner hi his case, '-' on appeal. Upon these exceptions I do, not agree with the legal position tak&a.Li by the dissenting judges, and thipft.tho . ,. majority opinion of the Court the cor- ; rect law, but if error was coinmjtted in the respect pointed out by these two" dissenting judges, the errors would not go to a substantial determination of the cause. Error may have been com-1 mitted in the respect stated by the two dissenting judges, and yet this would not warrant me in forever de termining that the prisoner should not suffer for the crime of murder in the first degree. DISCARDS MAYS EVIDENCE. "As to the evidence of the witness1 Mays, evidence has been produced be fore me which would cause me to be; highly doubtful of the truth of anyj statement made by" this witness, but' his testimony can be utterly excluded from the case, and yet, in my judg ment upon evidence as disclosed in the record, the jury was not only war ranted in convicting the defendant, but if they had not done so with the, testimony of Mays excluded, they would: have failed in their duty, and returned' a verdict clearly against the evidence in the case. "There is no evidence before me which I think warrants an interfer ence with the judgment of the court, and I", therefore, deny the petition of, the prisoner, and will permit the judg-i ment of the court to be duly executed." CAME AS SURPRISE. While the announcement of the Gov ernor was a shock to the attorneys for Harris and to others who interested1 themselves in the case, a glance back; ' over the hearing would have indicated! that those who watched it should not) have been surprised at the decision cfj---" the Governor. He intimated that the evidence offered by Judge Carter as to the testmiony of Preacher Mays, completely destroyed the value ,of that evidence, but the attorneys had not been able to overcome the statement of Mark Brown that excluding the testimony of the preacher; there were' 14 others who testified that the man was sane on the day of the shooting, and that there were just a few who thought he acted queerly, or showed any signs of insanity. The evidence of Dr. Highsmith, eminent physician, whom the Governor knew personally, that Harris was all right on the day of the murder, could not be eradi cated by the speeches of the attorneys for the prisoner. CRAIG MAKES FINAL PLEA. j Governor Locke Craig made the final plea for the commutation of the death sentence before Governor Morrison on Saturday morning, and following some questioning of various attorneys by the Governor as to certain - details of evl dence, Governor Morrison took the mat ter under consideration. Governor Craig kept his seat while (Continued oa Page Two) Day .7 1

Page Text

This is the computer-generated OCR text representation of this newspaper page. It may be empty, if no text could be automatically recognized. This data is also available in Plain Text and XML formats.

Return to page view