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THE ONLY AFTERNOON ASSOCIATED PRESS NEWSPAPER IN NORTH CAROLINA
VOL. XXXII NO. 5023.
A
CHARLOTTE, N. C, FRIDAY EVENING, JANUARY 13, 1905.
PRICE: 3 CENTS.
ft r
hi M U
SHALL THE LIQUOR
COMMITTEE
E
ITS SECRETARY
This is the Question Before the
House Today in Raleigh.
Mecklenburg Men Oppose It,
Saying Committee Has no Need
of One Now.
Governor Advisss Raising Supe
rior Court Judges' Salaries.
Retiring Adjutant General En
lists as a Private. A Child
Labor Law.
Special The News.
Raleigh, N. C. Jan. 13. In the House
today, Mr. rowers of Rutherford, in
troduced a resolution urging members
el the congress to secure national leg
islation to prevent the shipment of
liquor into prohibition territory.
Lockhart introduced a bil lto protect
the interests of the State in settling
the South Dakota bonds.
The House declined to put on im
mediate passage the bill to appropri
ate $1,000 for the erection of a monu
ment to the valor of North Carolina
troops on Appomattox Battlefield, but
referred it to the committee on appro
priations by whom it received a fa
vorable report. There was a sharp light
on the floor against allowing a secre
tary at this time for the committee on
liquor traffic. The oppositon was led by
McXinch of Mecklenburg, in the in
terest of economy, contending that the
secretary will not be needed by the
comnuUee until later and providing
that the clerk now will be only a flag
rant waste of money. Alexander of
Mecklenburg, also opcpsed the bill. The
result of the discussion was that the
resolution for a secretary was with
diawn until more work accumulates.
A bill prohibiting distilleries of less
than 36 bushels capacity in Asheville,
passed the second reading and went
over to tomorrow for a third reading
bt the request of Mr. Murphy, who in
troduced it.
A Child Labor Bill.
One of the most important bills in
tioduced at this session of the Legis
lature to .date, and the one that has
caused more comment than any other,
is that of Representative John S. Cun
kigham, of Person, which had its first
reading in the House yesterday.
The title of the "bin is" "To Amend
Chapter 403 of the Public Laws of 1903,
and to prescribe certain educational
qualifications and other regulations for
children working in manufacturing es- j
tablishments." j
If the law is enacted, no male child
under twelve years of age. and no fe
male child under fourteen years of age
after September 1st, 1905, shall be
employed or work in any factory or
manufacturing establishment, and no
child under sixteen years of age shall
be employed or work in mines in this
State.
The bill also provides that no male
child under fourteen years of age shall
to employed, or permitted to workin
any factory or manufacturing estab
lishment unless he can read and write,
'and unless the person or corporation
employing him procures and keeps on
file and accessible to the Commissioner
of Labor and Printing and to the
county superintendent of schools, an
approved age and schooling certificate
and keeps two lists of all such children
employed, one on the file and one con
spicuously posted near the principal enr
tiance of the building in which the
children are employed, and furnishes a
third list to the county superintendent
ci schools.
Judge's Salary.
Gov. Glenn has sent a message to the
Legislature the principal feature being
a recommendation that the salaries of
Supreme and Superior Court Judges be
increased in accordance with the bill
now pending.
In the Senate.
In the Senate a bill by Mr. Wright of
Rowan prohibiting the sale of opium,
morphine and cocane except on the
prescription of a reputable physician
was passed. Mr. Odell of Concord intro
duced a bill to allow married men to
HARASSTHE JAPS
Bodies of Russians are Giving the
Japanese Near Liao Yang
Some Trouble But the Japs
Seem Masters of the Situation
in Spite of Them.
By Associated Press.
Tokio, Jan. 13. Bodies of Russian
cavalry raiders ' actively operating
southwest of Liao Yang, are evidently
desirous of harassing the Japanese
railroad communication and interrupt
ing the transportation of General No
Ri's army to re-inforce Field-Marshal
Oyama at Liao Yang. Wednesday af
ternoon two thousand Russian cavalry
with guns attacked New Chwang. The
Japanese were forced to retire tem
porarily but being reinforced attacked
the Russians and are still pursuing
tbem.
H A V
CAVALRY
RAIDERS
dispos of real property without the I
consent of his wne in case she is in- i
sane. j
Bynum Arraigned.
Yesterday evening in Wake Superior
CourL Raymond D. Bynum was formal
ly .arraigned on the charge of the mur
der of J. H. Alford. His council en
tered a plea of not guilty with the
privilege of changing the plea to that
of mental incapacity of the prisoner
to go on trial. The case was then con
tinued to the March term. The de
fense will be insanity. Indeed, it was
remarked by those who saw tne pris
oner in the court room last evening
that he is clearly deranged mentally in
addition to being in a terrible broken
condition.
Gsr.eral Royster Enlists.
Gen. B. S. Royster, the retiring Ad
jutant General, enlisted as a private in
Company E, Third Regiment, the Gran
ville Grays. This is the third time tnat
he has entered as a private in the
course of his military career. Col. Al
fred Williams, of Raleigh, has been re
commissioned Assistant Adjutant Gen
eral and Lieut. Col. W. E. Gary, of
Henderson, Assistant Qpartermaster
General, the commissions being issued
by Gen. Robertson, the new Adjutant
General.
Charters Issued.
Charters are issued for the Williams
Little Grocery Company, Wilson, capi
tal $45.u00, and the Franklin-Martin
Company, of Fayetteville, capital $20,
000. Stewart Bros.' Case.
An order was made in Wake Super
ior Court dismissing the suit by the
state against Stewart Bros., of Wins- j
ton, former state printers under fu
sion ruie, for over-cnarges ana pay
ments by the state for certain print
ing. The suit has been pending four
years.
These Counties Have Their Share.
It is announced from the office of su
perintendent of public instruction that
Mecklenburg, Craven and Cleveland
counties have within the past few days
completed their quota of rural school
libraries. Applications are coming in
every day from other counties that
have not yet taken all they are en
titled to.
Grand Lodge Masons.
The North Carolina Grand Lodge of
Masons that has just closed its 118th
annual session here issued charters for
new lodges at Dilworth. Mecklenburg
county Fair View Buncomb, Andrews.
Madison county, Ellenboro, .Cleveland
county and Hamlet. Richmond county.
MR, DUKE IN COUR
OH HABEAS CORPUS
Mr. Nicoll of Counsel for Duke
Family Secured His Detention
Until Thursday the 19. Mrs.
Duke-Webb Was Not Present
in Court Today.
By Associated Press.
New York, Jan. 13. Brodie L. Duke,
half-brother of the President cf the
American Tobacco Company, whose
recent manisge resulted in his com
mitment to a Sanatarium, was brought
into the Supreme Court in Brooklyn,
today or. a writ of habeas corpus, and
after the hearing was sent to Long
Island Home, until Thursday, when the
commission appointed by Justice Gay
nor will inquire into Mr. Duke's con
dition and make a report as to whether
ht is insane.
Justice Gaynor, yesterday appointed
Isaac Franklin Russell, of the New
York Law University, Edward C. Can
dee and Dr. Thomas L. Fogarty, of
Brooklyn, to act as a commission to
summon a jury and tike testimony on
January 19 concerning the sanity of
Brodie L. Duke.
The commission was appointed in re
sponse to a petition presented to Jus
tice Gaynor by Mr. Unger, of the law
firm of Levy & Unger, in behalf of Mrs
Duke and her husband.
Mrs. DukVs petition ' alleges that
Duke's commitment to the Sanitarium
by Justice Truax was without previous
notification to herself or husband and
that the natient is denrived of his
liberty without due process of law.
The writ of habeas corpus on which
Mr. Duke was brought into court was
obtained bv W. C. Branham of Dur
ham, N. C. who has acted as private
secretary for Mr. Duke. Counsel for
Mr. Branham argued for an immediate
examination of Mr. Duke in court to de
termine whether or not he was insane
This was objected to by Delancey
Nicoll, who said he represented mem
bers of Mr. Duke's family and who in
sisted that Mr. Duke's sanity should be
determined by the commission ap
T ointed by Justice Gaynor. Mr. Nicoll
declared he desired to secure witnesses
for himself and that the persons whom
he renresented "wanted to rescue this
man from the toils of one of the worst
pssowiations of criminals which existed
for the nurpose of robbing this man
and perhaps killing him." Justice Gay
nor ordered Duke to be committed to
the Long Island Home until January
10, when he will be examined as to his
sanity by the commission which Jus
tice Gavnor has already appointed on
the application by counsel representing
Mrs. Alice Webb Duke, wife of Brodie
I.. -Duke.
During the argument of counsel, the
attorney for Mr. Brodie L. Duke, de
clared that Mr. Duke's son who had in
stituted proceedings which resulted
n Mr. Duke's commitment, was on bad
terms with his father and had been
excluded from bis father's home for
several years. Mr. Duke sat quietly by
his lawyers and appeared pale and ner
vours. His wife was not in court.
Before Mr. Duke was taken to the
Sanitorium, he was in conversation
TriVi three nhvsicians at the court
hnnsp At. the conclusion of the talk
on of the physicians said Mr. Duke
was apparently sane, but in a weaken-
el condition.
SOUTHERN R, R'S.
PRESIDENT ARGUES
E
"You Cannot Make a Law Against
Rebates Too Drastic to Suit
Us" President Spencer Tells
The Interstate Commerce Com
mittee. Does Not Think any Legislation is
Necessary Unless it is to Stop
Appeals. Necessity He De
clares Will do Away With
Abuses.
By Associated Press.
Washington, Jan.
13. President
Spencei, of the Southern Railway, to
day resumed the argument against the.
Quarles-Coopei bill.
The committea refused to go into
executive session to consider a motion
by Representative Davey, of Louisiana,
to close the hearings on January 24.
Answering the question as to wheth
er there would be any objection to a
miforrn classification of freight
throughout the country, Mr. Spencer
scid there might not be, although it
would without doubt throw the rates
of certain railroads out of line. If it.
was dene violently and suddenly it
would result In a commercial uphea
val. Answering Representative Rich
ardson, of Alabama, Mr. Spencer s?.id:
Speaking unofficially for I might say
7C per cent of the. railroads of the
country, I assert that you cannot
make a law forbidding rebates too
drastic to su'.t us' The 'jonferring
or- the Jnier-state ucmnerce ucmmis-
s;on power to declare what is a reas-
rioblo rate, he .maintained, would he
prejudicial to the commercial interests
of the country.
"The man does not live," asserted
Mr. Spencer, "who can draft a law
lhat will grai.-; authority to any body
cf men that can he exercised effective
ly to abolish discrimination between
localities. It is impossible to do away
v ith the complaint of discrimination
on the part of localities "
In conclusion, he suggested that m
his opinion the only legislation neces
sary at the present time, 11 indeed
any was necessary, was tno stopping
l ar peals from the decisions or com
missions, at die uiicuit court except
v here points cf law v. ore involved,
when the cases should go to the bu
preme Court; -that freight carrying
lines by water, fast freight lines nd
private car lines should all be brought
under the jurisdiction ot tne commis
sion, tne same as tne raiTonus now
re: that carriers should be relieved
of tho anomalous position of being
icquired to maintain uniform rates
and prohibited from making agree
ments as to what those rates should
be. Traffic agreements should be per
mitted in writing and submitted to the
Commission for appeal with power
to annul the same at any time. Last
ly, he said., nine-tenths of the wnole
necessity, was something that would
do away with the abuses of the rebate
system.
MORE TESTIMONY FOR SMOOT.
Another Attorney Testifies That No
Effort ic Made by Church to Re
strict Political Liberties.
By Associated Press.
"Washington, Jan. 13. J. W. N.
WhitRf-ntron an attornev. of Provo,
Utah, resumed today the testimony in
the Smoot investigation. No effort
was made by the Mormon Church, he I
said, to restrict political liberties ot
people generally, or of any individuals.
The Church, he said., did not try to
prevent its members from engaging in
politics without the consent of the
Church, but when certain members ac
cepted important church offices, the
Church had the right to prevent such
members from accepting other ofEces
which would take their time.
LOOKING AFTER THE-BISHOP.
Board Appointed to Investigate Con
duct of Bishop Talbot Go Into Exec
utive Session.
By Associated Press.
Reading, Pa., Jan. 13. Ten members
of the Episcopal board of inquiry were
present when that body convened in
Wood Chapel to investigate the
charges preferred by Rev. I. N. W.
Irvine against Bishop Ethelbert Tal
bot. The committee went into exec
utive session.
BANKS MUST SHOW DOWN.
Comotroller of Currency Orders That
All National Banks Make Report of
Condition.
By Associated Press.
Washington, Jan. 13. The Comp
troller of the Currency has issued a
call for reports of the condition of
National banks at the close of 'business
January 11. - "
CONTRABAND COAL CAPTURED.
British Steamer Attempts to Carry
Coal to Russians and is Captured
By Japs.
By Associated Press.
Tokio. Jan. 13. The Japanese ar
mored cruiser Tokiwa captured in the
Sea of Japan on January 11, a British
steamer. Captain Robinson from Barry.
Nov. li, for Shanghai, loaded with coal
consigned to Vladisvotok.
Mr. W. R. Jones is quite sick with
j tne grippe at his home, No. 301 North
College street.
BEFQR
COMMTTEE
GAMBLERS DISTURBED.
District Attorney Jerome Gets Active
With the Gamblers or the Metropo
lis. By Associated Press.
New York. Jan. 13. Following Dis
trict Attorney Jerome's raid on the
gambling houses of "Honest John"
Kelly, Mr. Jerome has secured a state
ment similar to that made by Kelly
which resulted in the seizure of a
quantity of gambling apparatus in a
house which Lou Ludlan admitted he
conducted.
The two raids, followed by the re
port that District Attorney Jerome was
prepared to carry on an unrelenting
warfare on gambling, created a gen
eral panic among gamblers, especially
in the Tenderloin district, and during
the day many van loads of gambling
furniture were removed from reputed
gambling houses and hurried across the
ferries to Jersey City for security.
Last night it was said that with the
exception of a few small and obscure
places not a gambling house in the city
was doing business. The police raided
three alleged pool rooms but only ar
rested the persons who were evidently
in charge.
WHY HE GIVES PAROLE.
General Stoessel Must Make Report
at St. Petersburg of Fall of Port
Arthur.
By Associated Press.
St. Petersburg, Jan. 13. The War
Office explains that the reason for
Lieutenant General Stoessel giving his
parole and returning to Russia instead
of remaining at the head of the heroic
troops who formed the garrison of
Port Arthur and sharing their fate as
a prisoner of war in Japan, is that it
is incumbent upon him to bring a de
tailed report of the defense of the fort
ress to the Emperor. Rear Admiral
Dochinsky. who is senior naval officer,
will bring the naval report.
The arrangements for General Stoes
sel's route home are not completed. At
the War Office it is said that the gen
eral will undoubtedly come straight to
St. Petersburg, bis first duty being to
report to the Emperor. As soon as his
route through Russia is determined
upon, preparations will be made to give
him a fitting reception.
Nogi Reports. Ammunition Captured.
Tokio, Jan. 12. denersl Nogi reports
that the Japanese captured at Port Ar
thur 546 guns. 82.670 shells. 30.000 kiloj
of powder and 2,266,800 round of rifle
ammunition.
TO SETTLE STRIKE.
Fall River Unions to Meet Tonight
Due to Efforts of Governor Douglas.
By Associated Press.
Fall River, Mass.', Jan. 13 The mem
bers of the different textile unions in
this city will be asked to vote on the
question of delegating the power of set
tling the strike in the cotton mills here
to tne fifteen members cf the textile
council.
The call for tonight's meeting is said
tc be the result of the efforts of Gov
ernor Douglas to settle the strike,
which has been in progress for nearly
six months.
SONG PREVENTS SUICIDE..
Murderer Hanged Confesses He Would
Have Kiled Himself But For Child
ren Singing.
By Associated Press.
Lexington, Ky., Jan. 13. J. W. Bess,
who murdered Mrs. Martha McQuinn
Martin, 2 years ago, was hanged today.
The condemned man confessed he in
tended to commit suicide with a knife
blade which he carried concealed in
his mouth, but upon hearing a sacred
song sung by the children near the
jail, he changed his mind.
MR. DORRITEE NOT SO WELL.
Letter Received From Mrs. Dorritee
Today.
The many friends of Rev. J. A. Dor
ritee, who is ill in Corpus Christi,
Texas, will regret to learn that his con
dition shows no improvement . Mrs.
Dorritee left last Tuesday to join her
husband. Owing to the fact that she
missed connection at one or two points
she did not reach Corpus Cnristi until
last Friday.
In a letter to one of the members of
Westminster church. Mrs. Dorritee
writes that she was not favorably im
pressed with her husband's condition.
In fact she states that his condition is
worse than she expected.
This will be sad news to very many
people in Charlotte as well as else
where. Mr. Dorritte is one of the most
popular ministers who has ever made
Charlotte his home. All hope that per
manent improvement will be noted in
the near future.
Body Rests in Elmwood.
The remains of Mrs. Frank E. Mc
Clain were buried in Elmwood ceme
tery this afternoon at 4 o'clock.
Services appropriate to the sad occa
sion were held at the home of the par
ents of the deceased on North Pine
street this afternoon at 3 o'clock, con
ducted by Rev. T. F. Marr, of Tryon
Street Methodist church. Immediately
thereafter the body was borne to Elm
wood. The pall bearers were John C. Wat
son, C. S. Stone, E. W. Berryhill, D. A.
McLaughlin, James H. Phifer and C.
Morrison.
Funeral of Mr. R. J. Pcrter.
The funeral services over the remains
of Mr. R. J. Parker, whose death was
noted in the News yesterday, were
held from the residence on North Pop
lar street this afternoon at 3 o'clock.
Rev. Martin D. Hardin, of the Second
Presbyterian church conducted the ser
vices. The body was then taken to
Elmwood, where the last sad rites were
performed.
Coton Receipts.
The receipts of cotton atthe local
platform today amounted to 18 bales
and the best price was 7 cents. For
the same day last year the receipts
amounted to 59 bales and the price was
13.70.
ACT OR TO BE TAKEN
BY THE COMMITTEE
' TO BE HARMONIOUS
The Executive Committee of the
Anti-Saloon League is Now in
Session at the Office of Clark
son & Duls in the Piedmont
Building.
The Meeting Was Called to Order
at 5 O'clock Nothing to be
Done That Will Divide the Pro
hibition Forces in the City of
Charlotte.
The executive committee of the Anti
Saloon League of Charlotte meets this
afternoon at 5 o'clock, in the office of
Clarkson & Duls, in the Piedmont
building.
As was stated in the News yester
day this meeting has been called for the
purpose of discussing matters pertain
ing to the enforcement of prohibition
in Charlotte.
It is given out this afternoon that
nothing will be done by the committee
that will in any way hinder or divide
the prohibition forces in Charlotte and
that whatever the committee sees fit
to do the action will be harmonious.
The News man made several at
tempts today to ascertain the feeling of
the committee as to a Medical Dispen
sary. All agreed that it would not be
the proper thing to foreshadow or to
attempt to forestall the action of the
committee.
But, from what the reporter was able
to gainer the Medical Dispensary is
practically doomed because of the fact
that a division of sentiment exists and
the prohibition forces will not allow
anything to pass that is not in accord
with a majority of the committee.
And, in view of this fact, and because
some oppose the Medical Dispensary,
it is believed that the bill drawn, hav
ing for its purpose the creation of such
a dispensary, will never pass.
Mr. J. H. Weddington, who is a
strong advocate, of the bill, said this
morning to a News reporter that he
regarded it one of the most potent fac
tors that could possibly be inaugurated
for the enforcement of prohibition in
Charlotte. He is strongly in favor of
a Medical Dispensary and is outspoken
in -his .desire, that- one should- Jae given
Charlotte. .
The views of Mr. Weddington are
shared in by several members of the
board cf aldermen.
Mr. D. W. Oates, chairman of the
finance committee of the board, was
called up over the telephone this after
noon and he was very frank in stat
ing that he favored such a dispensary
for Charlotte.
Several other members of the board
were seen this morning and their views
are given below:
M. F. Kirby: I am unalterably op
posed to a Medical Dispensary because
I think the establishment of it would
be, in a measure, breaking faith with
the people. We voted prohibition and
I. for one, am heartily in favor of giv
ing the measure a fair and impartial
trial. Then again, I am opposed to the
city of Charlotte embarking in the
v-hiskev business. If this measure had
been submitted to the voters at the July
election, I should have opposed it then
as I onnose it now.
H. G. Link: I stand for what we
voted for in the July election.
I am not in favor of saddling on the
people something that was not em
bodied in the issues as settled at tne
Doles then. The people voted for pro
hibition, pure and simple, ana i am in
favor of giving this and nothing more.
W. W. Ward: I am opposed to a Med
ical Dispensary. I am in favor of pror
hibition, nothing more nor less. The
people voted prohibition and the alder
men should stand by their constituents.
B. F. Withers: As to the bill to be re
ported to the General Assembly for a
Medical Dispensary I am opposed to
many of its provisions. My idea Is that
the people voted prombition ana we
now have it. Unless conditions arise
that would make some such action nec
essary I am opposed to a Medical Dis
pensary for Charlotte. We should cross
no bridges until we get to them.
' D. W. Oates: I am in favor of the
establishment of a Medical Dispensary
in Charlotte.
While the aldermen of the city would
not be called upon to pass on a Medi
cal Dispensary, should the Legislature
pass the bill for its establishment, the
views of the city fathers will be read
with interest, therefore The News has
given space to the above.
Liohtninci Strikes Altar.
By Associated Press.
Guayaquil, Ecuador, Jan. 13. While
a procession was enterting the Catho
lic Church at Cayambe, near Quito, a
thunderstorm broke, and the altar was
struck by lightning, setting fire to
the church.
A priest and eight other persons
were mortally wounded. Two persons
were killed by lightning during the
same storm.
Postmasters Appointed.
By Associated Press.
Washington, Jan. 30. Postmasters
appointed today are the following:
North Carolina: Dellwood, Jarvis C.
Moody.
South Carolina:. Fcchtig, James G.
L. George.
Rev. and Mrs. T. J. Allison are the
guests of Mr. and Mrs. R. B. Caldwell.
LIQUOR AS A RULER.
New York Liquor Dealers' Association
Has Fund to Corrupt Legislators.
By Associated Press.
Albany, N. Y., Jan. 13. The grand
jury of New York county recently in
vestigated charges that a corruption
fund had been raised by the New York
State Liquor Dealers' Association for
the purpose of influencing excise leg
islation. In its presentment of the
matter tho grand jury stated that while
the evidence adduced did not warrant
action by the New York count prose
cuting officers, it disclosed actions of
certain members of the State Legisla
ture which should be brought to the at
tention of that body. Today Speaker
Nixon laid a copy of the presentment
before the Assembly. In the evidence
accompanying the presentment It ap
pears that Fritz Lindinger, president
of the association, and other witnesses
told of raising a fund of $23,000 and of
how some of it was spent. Several wit
nesses testified that the special commit
tee from the association had spent sev
eral thousand dollars "entertaining"
Senators and Assemblymen at a hotel
in Albany. Another agent of the asso
ciation told of paying the bills of As
semblyment at hotels and houses of ill
repute, and also large bills for type
writing. 1
In his testimony Lindinger says
that he loaned small sums to various
members of the Legislature while "in
pool rooms in Albany. Lindinger tes
tified: "I staked them when they were
short, if they asked me for fifty or
twenty-five or ten."
The most serious charge contained in
the report is that about $9,000 was put
into the hands of one Goodwin, since
deceased, with the Intent that it should
be used to suppress certain prosecu
tions of liquor dealers by the State
excise department.
In the fall of 1903, at the election of
Mayor McClellan, Lindinger said the
committee contributed $8,000 to a po
litical party. It was understood, Lin
dinger testified, that his money was
to be used for the election of Assem
tlvmen favorable to their excise leg
islation.
The report was referred to the ex
cise committee, of which Mr. Plank is
chairman.
Mr. Plank said that he had never met
the committee from the Liquor Deal
ers' Association by appointment, or re
ceived entertainment or favors from
them.
SAYS LITTLE FIELD
Says 0'neal Hounded Him and De
clares That if Judge Swayne is
Impeached by Congress Then
"Several Other- Judges Should
be Also.
By Associated Press. "
Washington, Jan. 13. The pending
impeachment charges against Judge
Charles Swayne, of the Northern Dis
trict of Florida, were taken up by the
House today. Mr. Uttlefield, of Maine,
resuming his remarks.
Mr. Littlefield referring again to the
incompleteness of the report of the tes
timony of Judge Swayne, said he had
had conversation over night with
Messrs. Palmer, of Pennsylvania, and
Gillett, of California, his colleagues on
the Judiciary Committee, both of whom
had informed him that the testimony
relating to the Haskins bankruptcy
case had been so inadequately reported
that they had directed that that por
tion of the evidence be not printed,
preferring to allow Judge Swayne an
opportunity at a later hearing to re
state the case.
The portion of the testimony, he
ssid. which was quoted by the major
ity of the committee in their report was
obtained from stenographer's notes,
although it had not been included in
the record.
Mr. Littlefield discussed the action of
Judge Swayne in the O'Neal contempt
case. He read from an opinion of
Judge Pardees, Shelby, and McCormick,
of the circuit court of appeals, in which
Judee Swayne was sustained and de-
j dared if Jude Swayne was to be im-
peached for acting as he did in the
O'Neal case, three judges named also
should be impeached.
Mr. Littlefield said there had been
no hunting ' or hounding of Judge
Swayne until O'Neal sought to get his
revenge.
O'Neal, he said, was dead, but be
hind him he had left the legacy, and
a fair construction of the record show
ed that O'Neal's fund was to an extent
carrying it on. Mr. Littlefield uttered
the prayer that his tongue would cleave
to the roof of his mouth and his right
hand forget its cunning before he let
himself by any act forward consumma
tion of "this infamous legacy of hat
red, malice and revenge."
MURRAY MURDER CASE.
Only One Witness for the State Ex
amined What Each Side Will Try
, to Show.
Special Tne News.
Durham, N. C, Jan. 13. Only six
witnesses for the State were examined
in the Murray murder case at this
morning session. Their testimony was
about the same as was that of those of
yesterday. The. State is relying on
proving that when the fourth and fatal
shot was fired that the two men were
apart, while the defense will try to es
tablish the fact that the pistol was in
the hands of both men when the last
shot was fired. One of the State wit
nesses this morning said that they were
engaged in a struggle for the possession
of the weapon when the shot was fired
that killed the deceased.
SWAYHE HOUNDED
A. G, CARR PHYSICIAN
AT DURHAM DIES
BY HIS0WH HAND
Broken Down in Health and Tem
porarily Insane, He Goes Into
Bath Room and Shoots Himself
Through the Ear, Dying In
stantly. Had a Large Practice in Ourham.
Brother of Julian S. Carrand of
Several Well Known Ladies in
Differant Parts of North Caro
lina. Special The News.
Durham, N. C, Jan. 13. Dr. A. G.
Carr, of this city, this morning com
mitted suicide in the bath room of his
residence. He arose early, met his son -William
in the hall and promptly in
quired of him if he was going to work
today and was answered in the affirm
ative, passed the morning salutations
and went to the bath room on the sec
ond floor of the home. There was no
one in the house at the time of the
tragedy except Mrs. Carr, his wife, and
the cook. A few ""minutes after the
doctor went up stairs, the cook heard a
muffled report and as soon as the man
servant came in she sent him to the
bath room to see what was the matter.
He found Dr. Carr on his knees as in
prayer with blood flowing from a
wound in his right ear. He gasped only
once after being reached. He had fired
a 32 caliber bullet in the cavity of the
right ear. Death was instantaneous.
Dr. Carr was an eminent physician
with a large practice. He was a bro
ther of Julian S. Carr and Mrs. W. A.
Guthrie, of this city, Mrs. Emma Heit
man, of Trinity, and Mrs. Lizzie King,
of ChaDel Hill.
A general breakdown of health and
temporary insanity seems to have been
the cause. He was 58 years old.
DEFENDS POLICY.
Chamberlain Declares He Will
Not
Cause
Hold Office
Until His
Tr.umphs.
By Associated Press.
London, Jan. 13. Josoph Chamber
lain, speaking at Preston, defends his
fiscal policy, for tho first time., before
a Lancashire audience Interested In
the cotton question. A number of
influential Lancashire men have pub
lished in the newspapers a series of
questions which they wanted Mr.
Chamberlain to answer as to how his
policy would r.ffect the trade in cot
ton goods with India, China and other
neutral markets.
Repeating his usual arguments, Mr.
Chamberlain asseverated that he
would never affain hold office in the
government unless he could advance
the frreat cause to which he had dedi
cated the remainder of his strength
and life. Referring to the beard of
trade returns showing that 1904 was
the record year for British trade, Mr.
Chamberlain contended that it did not
matter so long as protected countries
were increasing their trade to a great
er extent than Great Britain, and that
the increase in 1904 was largely due
to the increased price of raw cotton.
He declined to reply in detail to
the questions published in the news
papers, or to the "conundrums." as
he called them, because they had not
been submitted to him before their
publication in the press, but he frank
ly declared that under no circum
stances would be tax raw cotton or
wool. He quoted statistics to show
that instead cf enjoying 44 per cent,
of the world's cotton trade as in
1S88, Great Britain now has only 25
per cent., while, the continent and
America greatly increased their per
centage of the trade in the same peri
od. With reference to sugar, Mr.
Chamberlain said ho desired to re
duce the duty on that commodity and
replace the loss to the revenue by
taxing luxuries.
AlralTliis
After Four Years of Honorable
Service to His State the Great
JVIan Returns to His Own Peo
ple Who Welcome Him Home
Witn a Loving Cud.
Special The News.
Goldsboro, N. C, Jan. 13. Last niht
at 8 o'clock the citizens of Goldsboro
assembled in the Messenger Opera
House to greet and welcome Governor
Aycock home, on which occasion, un
der the auspices of the Goldsboro
Chamber of Commerce, he was present
ed with a handsome "loving cup" on
behalf of his fellow citizens. The pre
sentation was made by George C. Roy
all, president of the Chamber. Mr.
Aycock arrived home Wednesday night
and is looking well, and says the only
regret of his return is that Mrs. Aycock
could not come with him at this time,
she being detained for some days yet
in the Mansion at Raleigh under quar
antine restrictions.
TO FORMER HOME