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THE ONLY AFTERNOON ASSOCIATED PRF.SS NEWSPAPER J N NORTH CAROLINA
'
VOL. XXXI1--NO. 5073.
CHARLOTTE, N. C, MONDAY EVENING, MARCH 13,' 1905.
PRICE: 3 CENTS.
AS?m A "II mrK'm i an
CMd NICHOLAS
IIIIS SUMMONED
11 COUNCIL
fhe Whole Situation js to be
Carefully Gone Over and De
cision Arrived at in Regard to
Future Action, Russia W.ants
Peace.
jhe Press of the Empire, With
But Few Few Exceptions, Is
Proclaiming for Peace at Al
most Any Cost, Both Nations
Playing for Position.
By Associated Fross.
St. retorsburs. March 13. Emperor
Nicholas has summoned the War Coun
cil for tomorrow, at which the whole
situation will be considered.
Want Peace at Any Cost.
Sr. Petersburg. March 13. The an
nouncement made that a fresh army
voiild be raised and the war proceed,
and the haughty attitude assumed by
Japan, may after ail he simply spar
ring for position, which is the pre
lude of pea:c. So far as the public
is concerned peace is the only thing
talked of, the sentiment being if di
plomacy can now bring the warring
powers into negotiation peace will fol
low. It is certain that Russia has as
yet made no move. Here confusion
still reigns in higher circles and the
Emperor has not yet decided that he
must yield. Newspapers, with the ex
ception of Novoe Vremy and a few
others, whose voice is always for war,
speak out straight for peace at almost
any price, declaring that all hopes of
victory are now buried at Mukden.
rHE TREATY UP TODAY.
Senator Teller Makes Plea For Hear
ing Before Open Doors.
By Associated Press.
Washington, March 13. The Senate
today took up the Santo Domingo trea
ty in executive session.' Mr. Teller
made an earnest plea for the considera
tion of the treaty with open doors.
The motion to open the doors was
defeated.
NEARING TIE PASS.
Russians Approaching the Goal Japs
Continue Northward. "
Ey Associated Press.
Tie Pass, Manchuria, March 13 The
Kussians are nearing their Tie Pass
Positions. Japenese detachments con
une northward the movement from
Mukden
CAPITALISTS HERE.
Discussing the Electric Line to Gas
tonia. pi?6. f?!lowinS capitalists are in the
ran' s a conference with local
onlv , Whe interest of the Interbor
gn Railway Company: Messrs. W.
Mi X?' Ma-ior J- D- Patton an Mr
A,lL ai'ln' of Rimond Va.; Mr.
aw vUSJrisht' of Petersburg Va.,
Mr V ' - Whitney, of Rock Hill,
for n' who is tne attorney
therS ? C0mpan states that while
thought8 notiIlg t0 give out today. ne
SS.Prbably tnere woull be to-
Tffi LEGISLATURE
Slnce Adjournment of General
Assembly Not Much of Interest
Has Transpired at State Cap
'tal' New Company Chartered.
Gov- Addresses Students.
Ralegh Tt Xews
ephone c'o 13-The Lucas Tel
tered toflav Albemarle, was char-
and ion; dilo P rate a local exchange
Tk " U1!,tance linna ir,
AlCFrvir. men. DCtUUU.
Ashevilie ha " sor Lumer Co., of
?50,ooo. ' "creased its capital to
essedThp !eQ last evening ad
College tfudes of the A & M.
uil(iing subject: "Character
X1011 to arM.: as. accepted an invita-
Ich0l AssoiJT; State Sunday
We subject .ere ? April 4
' avvn oi a New Day.'
BET FOLLOWS
MR. McNINCH'S ANNOUNCEMENT.
It Will Be Forthcoming on Tomorrow
Is the Report.
The News man was told this afternoon
that the formal announcement of Mr.
S. S. McNinch's candidacy for mayor
of the city of Charlotte would be
made tomorrow. . Mr. McNinch was
seen soon after the above was heard
and he admitted that he expected to
make his announcement through the
papers tomorrow. So far there is no
one else in the race to succeed Mayor
Brown. It looks as if Mr. McNinch
wrill have it all his way, at least for
the present. There has been no time
named for the meeting of the execu
tive committee which will decide on the
date for holding the primaries. It
seems that everyone is desirous of a
short campaign no matter how fierce
it may be.
ADVERTISES FOR WORRY.
London Newspaper Carries an Extra
ordinary Announcement.
By Associated Press.
London, March 13 A most extra
ordinary advertisement asking for
work appeared in the Morning Post
as follows:
"A vous About myself. I am an
old gentleman, but very young man
of 34; clever as Chricht'on, handsome
as myself. So say our public prints.
I know the world's bill of fare from
frog's leg to elephant's foot, from milk
puppy to long pig yes. Can pnt a
bullet through a butterfly, or standing
at 300 yards through a man running
across. 'Tis in the papers. The lead
ing Scotch papers say my writing are
'very amusing. Besides, minor tongues,
I speak English from Americanese
to haw-haw. I know ail books that
are books; sciences from curves of
comets to eccentricities of women;
politics from beer and shag to tea on
the terrace; Vanity Fair from draw
ing room to back stairs, and could
some tales .unfold would freeze thy
young blood. I want worry; confi
dential work anywhere. Can write
letters fast as Cupid or in war office
style. Irt finance I condense solid sov
ereigns from the mists of dreamy pos
sibility. From consols to kaffirs,
many investors ask my advice. With
bricks and land-lots I make four out
of three. Have no vices except a
lazy tongue. Am an unshakable op
timist, for I have known perfect- love,
friendship, gratitude, heroism and
have gripped hands with Nature's no
blemen." The advertiser concluded with an
"N. B." which ran. "Remember the
poor butterfly above," and he gave his
address at Messrs. Willing's advertise
ment offices, 1G2 Piccadilly, ' -' "'
Nearing Completion.
The new surburbani school East of
the city is nearing completion and
wrill be ready for occugancy in a few
weeks. '
F
OF
One of the Officers Who sWas
Wounded in a Desperate Shoot
ing Affray Yesterday May Re
cover. Wife of Demon Un
conscious Many Hours..
By Associated .Press.
Denver, Col., Mar. 13. Police Captain
T?nhfinna. and Police ftureeon Dulifi.
who were shot yesterday by George
Shissler when about to arrest mm al
ter he had killed Mr. and Mrs. Kay
Sill, neighbors, probably will recover.
heart disease, was unconscious many
hours after hearing of the deed. Shiss
ler is believed to have been temporar
ily deranged.
"When attempting to arrest Sahissier,
Pnlipe na.-nt.ain William Bohanna and
Police Sergeant Dulin were shot by him
and seriously wounded. Shissler barri
caded himself at bay for several hours,
many shots being exchanged. The des
perate man was finally Kiiiea Dy unuei
Sheriff O'Neill. Mrs. Shissler dropped
dead when she heard of the tragsdy.
There had been trouble between
Shessler and the Sills over a law suit.
CORDOVA'S TRIAL BEGINS.
Minister Who Tried to Elope With
Daucthter of Village Blacksmith.
By Associated Press.
New Brunswick, March 13. The
trial of J. F. Cordova, an unfrocked
minister and formerly pastor of conK
lin Methodist Episcopal Church, "of
smith Pivpr who is charged by his
wife with assault and battejy. and
abandonment, as a result of two sensa
tional elonements with, a daughter of
the village blacksmth, was begun
today. Miss Julia Bowne, the young
woman with whom Cordova twice fled,
has persistently declined to forsake
him, and was brought into court as
an extremely unwilling witness.
President Signed 1,842 Bills.
By Associated Press. .
Washington, March 13. During the
session of Confess which closed on
the 4th inst., President Roosevelt
signed 1,842 measures passed by the
Senate and House of Representatives.
The footings of the enactment! have
just been completed by Coloner Wil
liam M. Palmer, assistant clerk of the
Senate committee on enrolled bills,
and Morris A. Latta, enrolling clerk
at the White House. Of the measures
enacted at the last session, 238 were
public bills, including 14 appropriation
bills, 1,569 were private bills, 34 were
public resolutions and one was a pri-
UL
CRAZED
MIND
j vate-resolution.
BEYOND TIE PUSS
COLUMNS OF JAPS
Magnitude of the Catastrophe is
Fully Realized in St. Peters
buyg and Even the Remnants
of the Army are Admitted to
be in Danger.
Russians Killed or Wounded Es
timated to be Over 65,000 and
the List Grows. Columns
Have Touched. There May be
a Sedan.
Today's dispatches only confirm the
completeness of Kuropatkin's defeat.
The Russians are nearing their Tie
Pass positions, hotly pursued by the
Japanese, and St. Petersburg admits
that even the remnants of the army are
in danger.
It is reported that Omaya's flanking
armies are already in touch above Tie
Pass and if this proves to be eorseet
even greater disaster than is now ap
parent, may follow. .
Emperor Nicholas has summoned a
war council for tomorrow at which
time the whole situation will be con
sidered. Little Additional information.
St. Petersburg, March 13. Little ad
ditional information was vouchsafed
at the WarJ Office.' General ' Line
vitch's army, although its units were
scattered and confused, got off with
the fewest losses. Geneal Kaulbers
was the heaviest loser, leaving 28,000
prisoners in the hands of the Japan
ese. Kaulbers himself, with the rem
nant of his army, had a narrow es
cape. According to latest advices,
General Kaulbers is being pursued and
has not succeeded in extricating him
self from the' mountains. General
Meyendorff, commander of the first
army corps, was wounded in the shoul
der. JAPS BEING REINFORCED.
Nearness of Manchuria to Japan Gives
Them Decided Advantage.
By Associated Press. -
St.JPetersburg, March 13 A despatch
f rom jCuropatkin on March 11th, says:
"The enemy is receiving considerable
re-inforcements. The Japanese are al
ways able to keep their forces up to a
full fighting strength because of the
case with which they are able to trans
port troops from Japan." In a despatch
dated yesterday Kuropatkin says a Jap
anese force consisting of a division and
a half are within a short distance of
the Russian rear guard. The second
army is marching continually under fire
of the enemy who is advancing from
the east and west.
KUROPATKIN DISHEARTENED.
Assumes All Responsibility For Defeat
and Resigns Resignation Will Be
Accepted.
By Associated Press.
St. Petersburg, March 13. General
Kuropatkin has sent in his resigna
tion to the Emperor. .
General Kuropatkin has telegraphed
to Emperor Nicholas, assuming him
self all the responsibility for his de
feat, making no excuses except that
the strength of the Japanese was mis
calculated, and refusing to place any
of the blame upon the council of gen
erals upon whose advice he determ
ined to give battle. His reputation as
an offensive strategist is gone, and,
though the Emperor's military advis
ors know not where to look for a bet
ter general, his resignation will be ac
cepted. In losing General Kuropatkin the
army will lose the idol of the private
soldiers, an officer who, in spite of
the intrigues of his generals and his
failure to win a battle, has won their
confidence and affection
REMNANTS STllL IN DANGER.
Magnitude of Catastrophe Now Appar
ent in St. Petersburg.
By Associated Press.
St. Petersburg, March 13. No furth
er Russian news was received from
the front this morning, but the mag
nitude of the catastrophe is now ap
parent to all here. The war office
admits that even the remnants of the
army are still in danger.
Field Marshal Oyama holds a mag
nificent strategic position. It is re
ported that the Japanese flanking col
umns are in touch above Tie Pass, and
there may be a Sedan there. No ade
quate estimate of the losses has been
furnished, but the killed "or wounded
already total 65,000.
JAP PURSUIT CONTINUES.
Inflicting Heavy Damage on the En
emy in All Directions.
By Associated Press.
Tokio, March 13. Army headquar
ters announces that the Japenese have
advanced north, pursuing the enemy
in all directions and inflicting heavy
damage and have -defeated the enemy,
who attempted - resistance at various
places. The Japanese have completely
cleared the enemy out of the districts
twenty-five miles north of Mukden aud
on Sunday were still pursuing. them.
The Russians abandoned countless
carjts, supplies and ammunition.
50,000 Wounded.
St. Petersburg, March 13. General
Kuropatkin in a despatch dated March
12th, says 50,000 Russians were wound
ed during the last few days of the
fighting. ' r: . , . .
W
EXTENDING
CIVIL COURT IN SESSION.
It Convened This Morning, Judge Jus
tice Presiding.
The March term of Mecklenburg Su
perior Court for the trial of civil cases
convened this morning at 10 o'clock
with Judge M. H. Justice presiding.
The present term will extend over" a
period of two weeks.
' The following jurors were selected
for the first week of the court: W. L.
Dunn, R. M. Frazier, J. H. MeCord,
Gilbert Helmes, W. R. Jordan, E. J.
Garrison, J. W. Elliott, C. T. Dewese,
J. F. White, J. S. Boyles, I. W. Sea
born, A. B. Hoover, W. A. Griffith, J.
W. Auten, P. M. Ritch, A. Thompson,
J. H. Auten, L. H. Hipp.
The case of N. J. D. Conder vs. L.
M. Secrest was marked off the locket
as both defendant and plaintiff are
dead.
In the case of V. L. Perdue against
the "Western Union Telegraph Com
pany, a non suit was ordered.
In the case of M. P. Pegram, Jr.,
against the Norfolk and Southern
railroad a continuance was taken at
the request of the defendant.
The first case up for trial was that
of Mr. Pavlo Pavesich against the Pied
mont Realty Company. Mr. Pavesich
was the painter who decorated the
Academy of Music. When he com
pleted the job, there was some dis
agreement as to certain ceiling work.
The company agreed to pay $1,500 for
the interior decorations, but claimed
that Mr. Pavesich had not complied
with his part of the contract. On ac
count of this $150 of the contract price
was Withheld. The Piedmont Realty
Company maintains that Mr. Plavesieh
has never made good, therefore the re
maining $150 has not been paid.
Mr. James A. Bell represents the
plaintiff and Mr. "W. F. Harding the
Piedmont Realty Co. ?
ACTRESS STRIKES IT RICH.
French Woman Receives Hansome Be
quest Frorg a Brazilian.
By Associated Press.
London, " March 13. A well known
French actress has just come into a
handsome legacy in a most unexpected
manner.
Several months ago she handed over
tie greater, part of h.er jewelry to the
care of a wealthy Brazilian gentleman,
under whose protection she had been
living, as she was afraid of being rob
bed. The jewels were locked up in
a safe hired by the Brazilian in a
deposit vault of a bank.
A few days ago, while traveling
abroad, the Brazilian gentleman died
suddenly. The actress was in con
siderable alarm as to the fate of her
jewels, and after numerous formalities
had been gone through, the safe con
taining them was opened this morn
ing in the presence of a magistrate.
The jewels were found intact, and
wiin mem were iweive viaiiiug carus
made of gold and engraved with the
lady's name. Each golden . card- was
turned. down at the left corner, and in
the . turned down portion was a hole
through which passed a ribbon.
Attached to each ribbon was a pre
cious stone worth 400. Altogether,
the gold cards and their attached jew
els are estimated to be worth 8,000.
SUING OBERLIN CARTER.
Government Pressing Efforts to Re
ceive Stolen Funds.
By Associated Press.
Washington, March 13. Simultane
ously with the activity in the Greene
and Gaynor extradition case, Federal
authorities at Chicago have been
pressing the suit against Capt. Ober
lin M. Carter. Witnesses have re
cently been examined by Commission
er Waland, and the case has been
set for trial before Judge Kohlsaat
at an early date. Horace G. Stone,
attorney for Captain Carter, declares
revelations will be made by the de
fense that will astonish the country.
The suit of the government is for
the recovery of bonds to the amount
of $285,000, which, it is alleged, Car
ter received as the proceeds of the
frauds perpetrated against the United
States in connection with the opera
tions of Greene and Gaynor, contrac
tors for the improvement of the Sa
vannah harbor.
The bonds, all but $15,000, were
given to Carter by his father-in-law,
Robert F. Westcott, while the captain
was under arrest for connection with
the frauds before the courtmartial
trial which convicted him. After turn
ing over the last of the bonds West
cott left the country and soon after
wards died.
15,000 ARE AFFECTED.
Iron Scale Rate Increased From $4.90
to $5.12 1-2.
By Associated Press.
Youngstown, Ohio, March 13. The
bi-monthly settlement of the bar iron
scale rate for puddling was increased
for the next two months from $4.90 to
$5.12 1-2 cents per ton. 15,000 work
men are affected.
PREFERED DEATH
TO
Soldier at Fort Caswell Ripped
- His Jugular Vein Open After
Hearjng Sentence Pronounced.
It 'is Believed that He Will
Recover. s ,
Special -to The News.
Wilmington, Mach 13. W. J. Shaw,
a soldier at Fort Caswell, cut his throat
with a pocket knife yesterday after
noon wrhen sentence was read to him
that he would have to serve a term in
prison for desertion. By quick aid on
the part of physicians the man's life
was saved, although the, jugular vein
was cut. It is thought that he will re-
I cover. . -
IMPRISONMENT
ALL TENNESSEE
OS
MEMORY
OF MOB BATE
The Body Lay in-State in the Cap
itol at Nashville All Day Yes
day and Was Viewed by Fully
25,000 PeTsons, Including For
mer Associates and Negroes.
Legislature, Superior Court, State
Officials, Confederate Veterans
and State Guard Participated
in Funeral Exercises of the Late
Senator Bate.
By Associated Pres?
Nashville, Tenn., March 13. Impres
sive, though simple services, partici
pated in by the Legislature, Supreme
Court, State officials, United Confed
eracy Bivouacs and State Guard and
the Washington Congressional escort,
were held in the Hall of the House of
Representatives today over late U. S.
Senator Bate. Religious services were
conducted by Rev. D. C. Kelly, who was
Colonel under General N. B. Forest and
Dr. Lansing Burrows, a Confederate
veteran.
The bocy.lay in State at the capitol
all day yesterday and was viewed by
fully 25,000 persons, including hundreds
of Senator Bate's former comrades in
arms and. many negroes.
After the ceremonies at the capitol
the body was taken to Mount Olivet
cemetery accompanied- by a military
escort of Confederate veterans and
State Guard at the head of a long and
imposing cortege.
SENATOR BATE'S SUCCESSOR.
Democratic Caucus to be Held Wed
nesday to Name a Candidate.
By Associated Press.
Chattanooga, Tenn., March 13. It
has been definitely decided that the
Democratic caucus of the Tennessee
Legislature will meet on Wednesday
night for the purpose of nominating
a sucessor to the late United States
Senator William B. Bate. There has
been no announcements of any candi
dates, though it is generaliy. believed
that Gov. J. B. Fraziers and ex-Governors
McMillin and Taylor will be in
the fight. Gov. McMillin was a candi
date against Gen. Bate in the last
campaign, while Governor- Taylor
made the race against him six years
ago. Friends of Governor Frazier
claim that his will be the only name
to go before the caucus, as he has con
siderably more than. ra "majority of
Democratic members of the Legisla
ture pledged to support him.
Gov. McMillin and Governor Taylor
are looking over the ground, while at
least three Congressmen iare consid
ered dark horses in the race. In case
Governor Frazier is elected to the Sen
atorship Speaker John I. Fox, of the
State Senate, will become Governor.
LEE GIVES PRAISE.
Gsn. S. D. Lee Praises Congress and
President.
By Associated Press.
Chicago, March 13. A dispatcn to
the Tribune from New Orleans says:
Official proclamation has been issued
by General Stephen D. Lee, commander-in-chief
of the United Confederate
Veterans, paying unstinted praise and
tribute to Congress for passing the bat
tle flag return measure, and to Presi
dent Roosevelt for his prompt signa
ture, i
General Lee says:
"This action is fresh evidence that
there are. now in our grand country no
sectional lines, no South, no North,
East or West, but that we ara all
Americans devoted to one common
country." s
TURNED THE TABLES ON GOULD.
How Columbia University Boys Even
Up Matters In the End.
By Associated Press. '
New York, March 13. Hazers at Co
lumbia University, it j is reported, fin
ally succeeded in exercising their arts
on Kingdon Gould, son of Geofge
Gould, who caused considerable excite
ment some time ago by drawing a re
volver anddriving off a band of .soph
omores when they attempted to cap
ture him. Six sophomores, represent
ing a secret organization of the soph
omores, are said to have taken young
Gould by surprise as he was leaving
the university. They placed him under
parole until night when he was duly
hazed and the class was avenged for
the manner in which he spoiled their
plans to make him an unwilling guest
at their dinner.
ROBBERS MAKE BIG HAUL.
Ohio Bank" Relieved of Negotiable Pe
pers and Cash to the Amount of $75,
ooo. N I .
By Associated Press.
Toledo, O., March 13. Last night
four men blew opeif, the vault in the
bank at Genoa, fifteen miles east f
here, and secured between $25,000 and
$30,000 in cash and carried away pa
pers valued at $50,000." The men es
caped. The police are searching ror
them. ' ,
HITCHCOCK CONFIRMED.
Nomination Endorsed by the Senate
Today. ,
By Associated Press.
Washington, March 13. The Senate
confirmed the nomination of Frank H.
Hitchcock, of . Massachusetts, to First
Assistant "Postmaster General.
DAVIDSON'S NEW SCHEDULE.
On Account of Several Cancellations,
List of Ball Games is Changed.
Special to The .News.
Davidson, March 13. As a number
of the colleges with which Davidson
had games scheduled have cancelled
their dates, Manarer Beall has ar
ranged the following games to replace
them.
March 20, Charlotte at Davidson.
March 21, Catawba College at Dav
idson. . : - '
April 1, Lenoir College at Davidson.
April 6, Washington and Lee , at
Winston. ' ..
April 7, Oak Ridge at Davidson,
April 11,- Guilford College at David
son. ,
April 13, A. & M. at Salisbury..
April: 14, A. & M. at Greensboro.
April 15,. V. M. I. at Lexington, Va.
April. 17, Washington & Lee at Lex
ington, Va.'
April 18, University of Virginia at
Charlottesville, Va.
April 20, South Carolina College at
'Charlotte.
April 22, Wake Forest at Winston.
April 25, St. John's at Greensboro.
. April 27, Welsh Neck at Davidson.
May 3, University of Virginia at
Charlotte.
The manager also has a game pend
ing with the Boston National League
team for Charlotte on April 4th.
CHANGE AT CONVERSE.
Mrs. Julia Thompson Succeeded as
Dean of College by Mrs. Howard.
Special to The Jews.
Spartanburg, March 13. Mrs. Janie
Colston Howard has succeeded Mrs.
Julia Thompson as dean at Converse
College, and hr.s' assumed her duties.
Mrs. Howard is a native of Richmond
Va., and has had years of experience
fitting her excellently for the position.
She has been mistress at the home of
the Peebles-Thompson school in New
York and at Mrs. Bennett's school on
the Hudson, and has also been at the
head of one of the dormitories of the
Bryn Mawr College. She is a sister
of the wife of Dr. Gildersleeve of
Johns Hopkins University.
ALL NATIONS TO PARIS.
Evidence That French Capital Was a
Mecca in Bygone Days. .
By Associated Press. , ,
Paris, March 13. As the excava
tions continue, evidence keeps on ac
cumulating that Pans was the Mecca
of nations long before "all good Amer
icans gravitated toward the City of
Light before and after death." In the
last few years the following memen
tos of the glacial and other periods
have been discovered in. the ground
of ParisT together with articles indi
cating that the spot was inhabited
bones and. hammers, and axes
and: other tools used ..by man in the
stone age,-bones of the rhinoceros, of
the prehistoric -cow horse, rein - deer
and hippopotamus intermixed with
knives and other tools made of hard
stone. . ': " v ,
PRESIDENT MED
TP VISIT STATE
.Senator Simmons Today Invited
President Roosevelt to Attend
. thennual Teachers' Assembly
of fiprth Carolina. He Proba
bly Will Not Come.
By . Associated Press.
Washington, March 13. Senator
Simmons, of North Carolina, extended
an invitation to President Roosevelt
to attend the annual assembly of school
teachers of North Carolina to be held
r
next June. The President ex
pressed his appreciation of the invita
tion, but indicated that he would be
unable to accept.
--. A
l LADY CURZON HATES $A$TLE:
She Greatly Dislikes Historic Walmer
Since Her Illness.
By Associated Press.
London, March 13. Since her re
covery from the severe illness which
Lady Curzon contracted at Walmer
Castle, nothing would persuade her
to ' revisit the place, and everything
associated with it seems to have be
come hateful to her. Articles of bric-a-brac
and bedroom ornaments which
3he valued much, and which 'she in
variably carried with her on her joufr
heys about the world, have been left
behind, and. it is understood that they
will eventually find their way to 'some
of the London auction rooms, where
such things are made a specialty of.
Dealers have been down to Walmer
to inspect them, and it is' reported that
many of the articles are so scarce
that they will fetch some thousands
of dollars when they are handled by
the auctioneers. - . y
A few days before Lady Curzqn sail
ed for India, her sister, Lady Suffolk,
and a maid, "went over the castle and
made an inventory of everything valu
able in the place which .belonged to
Lady Curzon. It Was suggested that
the thing3 should be packed up and
dispatched with the rest 9 her lady
ship's luggage, but she would not hear
to the proposal; neither would she al
low them to be sent to her town resi
dence. ' t
The contentsfof the room where, she
underwent her severe operation, and
in which- she hovered between life
and death for a number of days, have
been . picked up, and they, too, will
(find their way to the auctioneer's sale
room. . .. - " ,
Today has been about the most dis
agreeable one for a week or more."? .
PEONAGE CASE
F
IS
Supreme Court Reverses Decision
of Lower Court on the Ground
of a Technicality. S. F. Clyatt
Charged With Enslaving Two
Negroes.
Opinion of Justice Has Important
Bearing on the Whole Country
and Tallies With the Ruling of
' Judge Emory Speer on the
Subject.. ...
By Associated Press.
Washington, March 13. In the peon
age case of Samuel M. Clyatt the Su
preme Court of the United States to
day reversed the decision of the circuit
court of appeals for the fifthircuit ia
favor of Clyatt, who was -charged with
"returning" to involuntary servitude
two negroes named Gordon and Rid
ley. The opinion was handed down
by Justice Brewer, and while it upheld
the constitutionality of the law for
punishment of peonage, it held that
as the record failed to show that the
negroes had never before been in cus
tody, the charge of "returning" them
could not be sustained.
Clyatt, who resided in Georgia, was
qharged with taking men in custod
while they were employed in Florida.
The proceedings therefore originated
in the latter State. Sections 1990 and
5526 revised statutes, were involved.
The court sustained their constitution
ality, saying: "We entertain no doubt
of the validity of this legislation, or of
its applicability to the case of any
person holding mother in a state of
peonage, andthis whether they be
municipal ordinances or State laws
sanctioning such holding. It operates
directly on every citizen of the repub
lic,' wherever his residence may be."
Calling attention to the charge in
the indictment the Justice said: "It
was essential to show that Gordon and
Ridley- had been in a condition of peo
nage, to 'which, by an. act of the de
fendant, they were returned.- We are
not at liberty to transform this indqf
ment into one charging that the de
fendant had them in a state of peon
age or that he arrested them with a
'view of placing them in such state.
The testimony disclosed that the de
fendant ' with another party went to
Florida and caused -the arrest of Gor
don and Ridley on warrants issued by,
a magistrate of Georgia for larceny,
but there can' be little doubt that
these criminal proceedings were only
an excuse for serving custody on Gor
don and Ridley and taking them back
to Georgia to work out the debt. While
this is true there is not a scintilla of
testimony to show that Gordon and
Ridley were ever therefore in a con
dition of peonage. We are constrain
ed .therefore, to order a reversal of
the judgment and remand the case
for a new trial."
Justice Harlan dissented, saying in
his opinion there was evidence tend
ing to make the case within the sta
tute. "The accused made no objec
tion to a submission of the casV to a
jury," he said, "and it is going very
far to hold in & case like this disclose
ing barbarities of- the worst kind
against these negroes, that the trial
court erred in sending the case to a
jury." The case was tried originally
by Judge Swayne and under order of
the Supreme Court will be remanded to
his court for another trial.
Fire at Charlotte Cotton Mills.
A small fire in the dust flues of the
Charlotte Cotton Mills this afternoon
caused considerable excitement among
the mill operatives and the alarm was
turned in for fear the fire would gain
headway before it could be extinguish
ed by the mill fire company. . The
firemen experienced some, little diffi
culty in getting to the blaze as it was
in the basement and could not at first
be located. The damage was slight.
AFTER EFFECTS OF
Conditions Resulting. From the
'.Trouble Not Yet Adjusted as
- Shown in the Irregular , and
Inadequate Schedules. 500
Strikers Re-employed.
By,Associated Press. ,'' -
New York, March 13. That condi- ,
tions resulting from the strike on the .
Ihterborough Rapid Transit Company's .
lines had' not been adjusted was plain- '
ly apparent today. Schedules were ir
regular and inadequate. ' V
At the officers of the Interborougli v
Company it was announced that five
hundred strikers would be re-employed
; during the day. It . was said that the V
officials are "gradually weeding out the ,
, ineflicient men employed aa strike
bTeakers and filling the vacancies with
former employes. J
By tomorrow night the company ex
pects that ; trains will be" running in :
first class shape. . '
Fill
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DECIDED
EW YORK STRIKE
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