North Carolina Newspapers

K C RMTTTE 20 Pages-First Part NEWS Circulation Yesterday PAGt-S l to o O ll li II The Only Afternoon Associated Pre Newspaper in North Carolina. NEWS. 4,804 VOL. XXXH--NO. 6036. CARPENTER CASE IW IN II HANDS HF THEE JURORS Mr. Watson Closed the Case for the Defense at 11:35 O'clock. Judge F. I. Osborne, of Char iotte, Closed the Argument for the State at 3:30. M, . T. Cansler Made an Elo quent and Powerful Speech T0r the State Yesterday After noon. Closing of a Memora ble Trial. Spc. to The Mew. I alias, May 31. The trial of Earl Cai pouter for the killing of A. M. Kale I.- -..earing me ciuse. .on. C B. Watson closed the case for tho defense this morning at 11.30 oYl'i'k. Jutlso F. I. Osborne, of Char lotte, nunlc the closing argument for the State. Judge Osborne began shortly before 12 o'clock, and was sneaking when court took a recess at 1 o clock. , ,t the reconvening of court this af ternoon at - o'clock. Judge Osborne nsra.n addressed the jury. His argu ment follows closely the line as mark ed out by Mr. E. T. Cansler, in his speech yesterday afternoon. .lud.ee Osborne closed shortly after p. o'clock, and Judge Justice com nit'i ced his charge to the jury. Tiie jury will certainly get the case by 1.30 o'clock. Mr. Cansler s Able Speech. C urt resumed its setting at 2:30 yes ten hv afternoon. M R. T. Cansler, in one of the most powerful argument ever heard in Gas on county, certainly the most pow erfri delivered yesterday, addressed the cou:t for the prosecution. He said in sub. :ance: May it please your honor, I would like to call your attention to the rul ing; of the Supreme Court in the case of s ate vs. Brittain 89 N. C. 481 whe-e a prisoner makes an. assault rpo.i and is re-assaulted so fiercely that the prisoner cannot retreat without danger of his life, and the prisoner kills" held that the killing cannot be just tied upon the ground of self-de-fen?.'. The first assailant does the first wrorg and brings upon himself tte nervosity of slaying, and is therefore not ntitled to a favorable construction of t e law. ".at a son may fight in defense of his ather, yet the act of the son must rcve.te the same construction as the act 'f the father would have received. "Vlierefore if Earl Carpenter fought lor his father and his father cannot plea.', self-defense, then Earl cannot. "l.i North Carolina it has been held fcy ' ie Supreme Court that evidence that die deceased could not have proved self-lefense is incompetent. Kale is not r" i.ial. Kale has gone before another and higher tribunal, before which tribunal he must plead his cause on that final day, and it is not for us to de (i'le what the decision of that tribunal is. "'1 here is no evidence that Kale was a ti spasser. The corporation owned Jhct houses, leased them to its hands. The tenants had the right of ingress and of egress. They also had the righ: to receive guests in their homes. The. , and they alone, had the right to wdfr a guest to leave. ""'lie Supreme Court has gone so far as t-j hold that a landlord who goes ;Po.: property he has leased, after he "as i.een forbidden to do so by the ten ant. is a tresspasser. Kale was violating ';o 'tatute when he come to see the 'anils for in order that the statue be violated there must be a contract be tv wn master and servant when either master or servant may terminate the Ration at will, there is not enough evi W1i(,e of a cqn tract to support the statute. "Counsel for the defense has stated nat there is confliction between the of the State of North Carolina and Code of law given by God to Moses 11 i'psarl to murder. I contend that the onf !r'MoKs co5nddes with the statute "J read part of the 35th chapter .MJniben: 'An,i ;f hp crnsP him TO of with fn instrument of war so that he die he ',, a murderer: the murderer shall bu(rely be put to death.' ur if he smite him with throwing st,jne and he die, he is a murderer shall surely be put to death. u'm if he smite him with a hand a.'on of wood so that he die he is a "ui :erer and a murderer shall shorely lnt to death. slav ?iC revenSer of blood himself shall 'uJ tl0 murderer when he meeteth uurderer, he shall slay him. , ,J'' in enmity smite him that he die, to rh tv,smcte llim sha11 surely be put veil- for he is a murderer the re-dp.;-1' of blood. shall slay the mur thl revenger of blood shall slay -"uderer when he meet him.' Lor!;1" JIason has said that when the III ' nr. Saviour came upon earth that I it 'm,lng rePealed the law of Moses. in J1!m to the words of our Lord Bai,i mon on the Mount where he u w verily i say unto you, 'till -5 V heaven and earth pass one jot or one title shall in no wise pass from the law. Think not I am come to destroy the law of the prophet. I am not come to destroy but to fulfill. "Gentlemen of the jury: There is no office more solemn, more important than yours, you are the mouth-pieces of God Almighty. As a rule the life giving God passes upon the issue of life and death of a human creature. But at times, society demands in some in stances you, a jury of twelve men, to pass upon the issue of life and death of a fellow man. Therefore, yours is an important office and your task is no light one, and if you can after this trial say 'yes, Earl Carpenter killed Kale, but when he killed him, he, Earl Car penter's life was in danger, or that he was in great bodily harm, or that his father's life was in danger, or he was likely to suffer great bodily harm; then you have done your duty. You have done all that the law and society demands from you. "One thing seems strange to me, that every material fact sworn to by the State witnesses has been contradicted by some employe, some minion of O. D. Carpenter. "But let us look to the reasonable ness of Earl's tale. Why did he go with Campbell? He said that he went with him to show him the way. That's not the reason. The reason is this: He went with Campbell to put Mac Kale off. He says that neither Kale nor himself were at all angry. Yet other witnesses testify that they were cursing. He said that there were no curse words. In fact that it was a Sunday school picnic. Why did j he go to see Kale? and why did Camp- i bell go talk with Howard, the parolytic i in the buggy? Because he was armed and Campbell was not. "He says he went and stood on the bank with his arms a kimbo. Seems to have been a habit of his to stand with his arms a kimbo when he had his pistol in his pocket so that he could a kimbo in his pocket and get it out. Why, the defense asks, if wanted to kill Kale. Didn't he kill him before he went for his father, when he and Kale passed behind Mrs. Hargroves house? Why? Because Kale was watching him and if there had been any killing done then Mac Kale would have done it. That's why he decided to wait till he got reenforcements. He says that is Earl's story . He did not get mad when Kale told him that he could bluff him. My Lord, this boy must have had the best temper that has ever been heard of. Here he left Campbell to keep Kale till he went for help. When those angels of Peace, Messengers of Good will came back and left again there was a dead man lying in the road. A human sold had flown into the presence of Almighty God. "Now why did Earl come back with his father? He came to show his daddy the way. He came to show his father, the owner of the mill, who knew every yfoot of ground, the way. No sir, he came to kill Kale. He came back to do what Mr. Williams and old man Teague said they heard him say he would do. As they came up the road they say they saw Kale putting on his his gloves. Why did they not let him go? Because they, didnt, want him to go. Carperr. wanted to lick Kale and Earl wantetr to kill him. "Did you hear their version of the conversation. Compare it with Camp bell's. If you believe Carpenter's tale you believe in ghosts. Carpenter used language in this conversation- with Kale tending to bring on a fight. If he did the Carpenters were equally guilty with Kale of an affray, but the right of self-defense is abandoned when one enters into an affray unless the party who puts up the plea runs to the road, and if a killing occurs from an affray, the slayer is guilty of man-slaughter "Now after Kale knocked O. D. Car penter down, why did he turn his at tention toward Earl? Because that young man had drawn his pistol. "Now how, please tell me, if Kale was shot in the head first, when was his left arm drawn across his chest? Never. Therefore, Mrs. Grady, Mr. Campbell, Mr. O. D. Carpenter, Mr. Earl Carpen ter were lying when they say that Kale shot first. "The law is a merciful one, it pre sumes that a man is innocent and the State must prove that the man is guilty beyond a reasonable doubt, it gives him, the defendant, 23 challenges, it gives the State 4. Your duty is to well and truly try the case and to decide upon the evidence, whether or not the prisoner be guilty. You are not a tribunal of mercy, but a tribunal of jus tice and there is but one kind of jus tice, the justice that is meeted out to rich and to the poor alike." Mr. Cansler closed at 4:53. The judge gave the court a recess of five minutes at the end of which time Hon. E. Y. Webb addressed the jury In a short, able argument for the defense. Mr. Webb spoke a little more than an hour. After his finish, His Honor ad journed court until 9 o'clock this morning. IralEiF IN COLO, TUNNEL Cave in at the Gunnison Recla mation Tunnel Thought to Have Carried Down Eight Out of 20 Workmen Who Were Working at That Point. By Associated Press. Montrose, Col., May 31. It is feared that at least eight of the twenty men buried by the cave-in at the Gunnison reclamation tunnel yesterday are dead as these men were at work at the point where the ground fell in. Sev eral hundred men are working in three-minute shifts In an- effort to reach the entombed men. Later The twenty-one workers im prisoned in the tunnel were rescued alive and. uninjured, - CHARLOTTE, N.C-. WEDNESDAY EVENING, MAY 31, 1905. THE BUREAUCRACY MUST FALL, SAYS RUSSIAN PRESS Leading Papers of the Empire Bitter in Their Denunciation of the War Party and Place all the Blame for Defeat on Those Around the Throne, Total Japanese Losses to Date are Three Torpedo Boats Sunk, Three Officers Killed and About 200 Men Killed and Disabled. Rojestvensk) at Hospital. Special to The isews. St. Petersburg, May 31. The catas trophe which has overtaken the Rus sian fleet has given a tremendous im petus to the demand upon Emperor Nicholas for immediate convocation of the National Assembly. With one single exception the press pours out indignation and wrath upon the bu reaucracy, which is held responsible for all the misfortunes of war. Only two papers, however, declare that peace should be concluded. The Russ, now the widest read paper in Russia, says: "Those guilty of Russia's dis grace should be overwhelmed with shame." "The death of half a million men," the Russ continues, "and the loss of millions of money, is the price of re jection of the progress and western civilization. Sebastopol struck the shackles from the serfs, and Port Ar thur, Mukden and Tsu Island should free Russia from the slavery of the bureaucracy." The Slovo, another popular paper, is even more bitter. It says: "Enough. Blindfolded for two hun dred years, the Russian people have been marching to the brink of de struction, but the bandages arc now torn from the eyes of a hundred and thirty million Russians, and they will neither be led nor driven over the precipice. Let the people speak. The bureacracy has had its say, and has crowned its work of national shame and humiliation. Let it now listen to what those who have suffered in sil ence and who have supported it in luxury have to say. From this mo ment a convocation of the people has become as necessary as the air we breathe. . If the. bureaucracy this time stands between; the jnjoeror. and the nation let it-tfiwaei. . - . "The Japanese are- not fighting the Russian people, but Russian bureau cracy, which has rejected with ener gy the t?.lent of the nation for a host of sycophants and time-serving cour tiers. Our only consolation in this bitter hour is the consciousness that it is not the people, but the govern ment, .which has suffered defeat. Enough." The Novoe Vremya, while milder, defends the Russian nation against the charge of rottenness, and insists that there is plenty of patriotism, as evinced by the fact that more young officers volunteered to go with Rojest vensky than were needed. Neverthe less it joins in the cry for the imme diate summoning of the people. The Listok says: "The war has taught the lesson that education, good government and freedom are always victorious over ignorance, misrule and despotism." ROJESTVENSKY AT HOSPITAL. Suffering With Fracture, of the Skull- Togo Authorized to Allow rMeDagai off to Sned Report to His Emperor Surrendered Officers Paroled. By Associattd Press. wnshinHrm. Mav 31. The Japanese legation received the following from Tokio: "it is officially announced that the damages sustained by our fleet were very slight and none ot pur Datue ships, cruisers, destroyers and other ships were lost, except three torpedo boats." Under imperial command, Togo was authorized to permit Nebogatoff to submit to the Czar reports on the bat tle and the list of Russians killed, wounded and prisoners. The admiral was also authorized to release on pa role the surrendered officers of the Nicholai I, Oriel, Apaxin and, Senya ivn. "Rojestvensky was taken to the Sasebo naval hospital. No other ad miral was captured from the Biedovy, the last report to this respect being due to a clerical error." Commander Isam Takeshita, naval attache of Japan to the United States, communicated the above information to the President. Nearly Annihilated Says the Victor. Tokio, May 31 Admiral Togo has wired Admiral Yamaoto, Minister of the Navy, as follows: "The main force of the Russian sec ond and third fleets is nearly annihi lated. Please feel assured of it." Togo Landed: Tokio, May 31. Admiral Yamamo to, Minister of the Navy, sent the fol lowing telegram to Admiral Togo: "The enemy's second and third squadrons, successfully overcoming the difficulties attending their voyage eastward, showed themselves no mean power, but your squadron intercepting them in advance of their destination put them to confusion, and destroyed and captured nearly all their units. "Your victory does not end here. You captured the enemy's commander-in-chief. It is most gratifying for our national cause that you achieved such a victory. ' ' "We send sincere congratulations and take occasion to praise the virtue of the Emperor; to thank you and those under you 'for the onerous ser vice extending over many months, and to express sympathy for the killed and wounded." Total Japanese Losses. "Washington, May 31. The State De partment has received the following cablegram from Tokio: "Rojestveneky's skull was fractured, requiring an operation which was se rious but not dangerous. "The total : Japanese losses to date are three torptedo boats sunk, three offi cers killed anid about two hundred men lulled and disabled." Cruisier Gromboj Sunk. St. Petersburg, May 31 The Admi-1 ralty denies the report telegraphed to the London Daily Express that the cruiser Gromoboi, of the Vladivostok squadron, had been sunk with nearly 800 men. A message was received from Captain Broussikoff, her commander, last nighti, which, it was believed, was sent by wireless telegraph to Vladi vostok. Vice Admiral Skrydloff, re ported to fae on board the Gromoboi, is in St. Petersburg. The Gromoboi sailed out of Via divostok Saturday as soon as Rojestvensky was reported to have arrived in the Straits of Korea, but the Admiralty declines to say whether the Gromotioi was engaged. The Admiralty had no further news to communicate. A report of the battle, however, has been received from the captain of the Russian transport Korea, now at Woosung, and it is also under stood that the Emperor has received a communication from Japan, possibly from Nobogatoff or Rojestvensky. Council Favors Peace. St. Petersburg, May 31. This af ternoon the Emperor has summoned Admiral Alexieff and all ministers to extraordinary council. The Associated Press is informed that all the minist ers except the minister of war and marine are unanimously in favor of peace. Expect a Demonstration. St. Petersburg, May 31. In view of a possible demonstration three regi ments have been hurriedly brought to St. ; Peterlsburg. BOTTLE ADRIFT HELD MYSTERY I.I Note in Tightly Corked Bottle Saying That Sailing Vessel whs Su.nk;;bjr bteauier,jMarine Registers Fail to Throw .Light On It. By Associated lress. Norfolk, May 31. The following message received over the government seacoast telegraph wires has been posted at the Norfolk Weather Bu reau: . v "A bottle containing the following note was found on the beach at Dam Neck on the North Carolina coast, by Captain Woodhouse of the life-saying service: On board the schooner Phanton, struck by outgoing steamer Bedeon. All hands at the top, vessel slowly sinking, now at "water's edge. Have put off in small boat. (Signed) "J. C. A. JONES." "The names of the vessels mention ed in the note do not appear in any of the records or marine register. No wreckage can be seen anywhere." Tomm News Last week Mr. John P. Hunter of Derita spent 20 cents !, advertising potato slips in The News and Times Democrat. The fol lowing day he received an order for 20,500, . all he had, from a man who saw his ad in The News. News Ads Will Sell Anything Big Sale TH S State Board of Education Has Set Next Monday for Consideration of the Matter. Will be Ad dressed by Gov. Glenn and Senator Simmons. Forty Young Men Receive Diplo mas at the A. & M. College, in the Varied Industrial Branches. $100,000 Charlotte Concern Chartered. Special to The .News. Raleigh, May 31. Diplomas were presented this morning to 40 gradu ates of the A. & M. College. Notable among the graduates are W. F. Kirk patrick and W. W. Watts, of Mecklen burg; S. M. Viele, of Salisbury; Wal ter G. Finch, L. R. Hunt, of Lexing ton; L. F. Abernathy, of Hickory; Robert J. Avery, of Morganton; R. W. Scott, Melville. Charter issued for Greensboro Fire Insurance Co., capital $100,000 sub scribed, v $4,500,000 authorized. The incorporators are J. W. Fry, D. C. Woodcll and others. Another charter was to the Pipe Bending Machine Co.. of Charlotte, capital $100,000. bv J. W. Conwav, H. S. Hall and W. H. Smead. 10 Years For White Man. Elisha Garland, a well known white man, has just been committed to the penitentiary to serve a ten year sen tence for shooting a negro boy in the depot at Marion. Garland was in the depot waiting for a train. It was cold and the fire had died out in the sta tion stove. A negro boy came in and Garland ordered him to put wood in the stove. He declined, saying he was not working at the depot. The order was repeated and the boy still refused and Garland drew a revolver and shot him so that he died in a very short time. The case came up to the Supreme Court and the conviction and sentence were affirmed a few weeks ago. Memorial Services. Appropriate memorial services were held in the National cemetery here at 6 o'clock last evening, Rev. Jasper C Masse, pastor of the Tabernacle Bap tist church, being the orator of the oc casion. His theme was the courage, the faith, the patriotism and self-sacri-fice'that'Tchavacterizes the true: jinwri can soldier. There are over 1,00) Un ion soldiers buried In the National Cemetery and each one was decorated with a miniature flag. Question of Immigration. The State Board of Agriculture, now holding their annual session here, has set aside next Monday for the consider ation of the question of immigration for North Carolina and will be address ed on that date by Governor Glenn and Senator Simmons. The department will probably inaugurate some special work very soon looking to the attrac tion of immigration to North Caro lina, Milk Commission. The Raleigh Academy of Medicine in session last night adopted resolutions urging the aldermen to appoint a milk commission to have supervision of the milk supply of the city. ACREAGE DECREASE 18.43 PER CT. The Southern Cotton Growers' Asso ciation Make Their Report Condi tion of Cotton Crops Very Serious. By Associated Press. New Orleans, May 31. The Southern Cotton Association has issued the cot ton acreage report, which says: "The estimated acreage for 1904, as indicated 'by the report of the United States Government amounted to 31, 730,000 acres. "The decrease in the acreage for 1905, as shown by our tabulated statement, which was compiled from 17,754 indi vidual reports from farmers, bankers, merchants and others throughout the cotton belt, fixes the acreage this year at 25,9S0,951 acres, a decrease of 18.43 per cent and 16.05 per cent in fertili zers. "The condition of the crop as report ed from Louisiana,. Texas, Arkansas and the territories and portions of Mis sissippi, are unprecedently bad, much of the acreage reported in those States being yet unplanted and large tracts either under water or badly damaged by heavy rains. "In the Eastern portion of the heit, the fields are grassy, cotton is still un chopped and labor scarce throughout the entire belt. "The present demand for cotton is unprecedented and with a firm and de termined stand, higher prices for the staple will be secured in the future." REFUSED WRIT OF ERROR. Chief Justice Declares Mo Federal Question Involved in Case of Mrs. Rogers, Condemned to Die For Mur der of Her Husband. By Associated Press. . Montpelier, Vermont, May 31. Chief Justice Rowell of the State Supreme Court refused to grant a writ of error in the case of Mrs. Mary M. Rogers, condemned to death for the murder of her husband. Governor Bell announc ed that he would grant the woman another reprieve for a short time in order that her attorneys might have an opportunity to bring the matter before one of the justices of the United States Supreme Court. Justice Rowell declar ed that there was no Federal question involved, ; . . . .: . . MAY SE IMMIGRANTS SEC. MORTON'S RETIREMENT. After Conference With the President, He Decides to Leave Cabinet July 1st. By Associated Press. Washington, May 31. After a con ference with the President, ' Secretary Morton announced that he expected to retire from the Cabinet July 1'. CICERO WINS DERBY STAKES. Great English Race For Three Year Olds Won By Lord Rosebery's Colt. By Associated Press. London, May 31 Lord Rosebery's Cicero won the Derby States of 6,500 sovereigns for the entire colts and fil lies foaled in 1902, about a mile and a half. M. Blancs Jardy, second, Chevalier Ginastrillis Signorino, third. Time, 3:11. $200,000 FIRE LOSS. Whole of Business Portion of Minne sota Town Swept By Flames. By Associated Press. Warroad, Minn., May 31. The busi ness portion of Warroad was destroyed by fire today. The loss is $200,000. The court house today was nearly deserted. Sheriff Wallace, Register of Deeds McDonald, Superintendent of Education Cochran, Tax Collector Cochran and Deputy Clerk Moore, all went to Davidson commencement. OUT 1 JUNG MEN Graduating Lxercises, Awards of Diplomas, Medals and Degrees Features of the Morning. Car 'negie Offers $20,000 for Libra ry. College to Raise Like Sum. Special to The News. Davidson, May 31 Those participat ing in Davidson commencement exer cises of this year have been peculiarly fortunate in hearing some notable ad dresses. And no speech has been re ceived with warmer appreciation than that of Dr. Charles Kent, of the. Uni versity of Virginia, who delivered the annual oration before the literary so cieties yesterday morning. At a few minutes past twelve the audience-assembled at Shearer. Hall, where, following, an opening prayer by Rey. Dr. Moore,; President Smith introduced the orator of the occasion. The introduction consisted of a short address, . wherein. ,;itw pointed- et how fitting, it was that Virginia should furnish the speaker of the day,: inas much as several members of the Dav idson faculty were educated at Virgin ia's university, and there has been a disposition on the part of the Old Dominion to draw largely on the Tar Heels for men to fill important posi tions in her institutions of learning. Drs. Alderman, Barringer, Thornton and Hodgin were cited as illustra tions. Virginia is indebted to us, and that . she is sensible of that indebted ness is shown by her sending one of her well known sons to honor the present occasion. The subject of Dr. Kent's speech was "Educational Idealism." The theme is old and familiar, but under the speaker's masterly treatment it took on new life and interest. At 8.30 p. m., the junior oratorical contest was begun. In this contest six members of the junior class those selected by the faculty as the best speakers, three from each literary society competed for a medal. The junior orator's medal is the most cov eted of the college prizes. The speak ers and their subjects were: For the Eu: B. R. Lacy. Raleigh, "North Carolina and Her Motto." L. McNeil, Columbia, S. C, "The Crisis to be Averted." T. Sterns, Asheville, "Arbitration." For the Phi: E. J. Ervin. Morganton, "American Statesmanship." S. H. Hay, Liberty Hill, S. C, "The Man of Action." Y. W. Faison, Charlotte, "The Chin-i a man as a Solution of the Labor Prob lem." This morning the judges announced that they had decided to award the Junior medal to R. B. Lacy, Jr., of Raleigh. The Senior Oratorical medal was awarded to S. C. Williams, of Moores ville. He was also the valedictorian of his class and won the debaters' medal and the medal on Bible. The Board of Trustees authorized the announcement that Mr. Andrew Carnegie offers to donate $20,000 for a library building for the college pro vided the institution raise a like amount as an endowment. The trus tees directed that the work of raising the $20,000 be commenced at once and it is hoped that the college will soon have the new library. Seventeen young men graduated in the degree of B. A. and one received the M. A. degree. The college conferred the following ) honorary degrees: Doctor of Divinity, Rev. J. M. Wells, Ph. D., of Wilmington; President S. E. Chandler, of Brownwood, Tex.; Rev. C. C. Carson, of Valdosta, Ga.; Rev. P. .R. Law, of Lumber Bridge; Prof. D. H. Hill, of Raleigh. Doctor of Laws, Rev. W. M. Mc Pheeters, of Columbia, S. C. The diplomas and awards of . . de grees were delivered by Dr. H. L. Smith. The oratorical and literary prizes were delivered by Dr. W. W. Moore, of Richmond. The benediction was pronounced by Rev, J. Rumple, Qf Salisbury, DAVIDSON PRICE: 3 CENTS. SEVERE CRITICS OF J. D, ROCKEFELLER Afi Dr. MacArthur, Pastor of Calvary Baptist Chuich, New York City, Protests Against the Condem nation of Churches .by These Cowardly and Unjust Attacks. DENOUNCED Decl ares That Rockefeller Knows That He Cannot Buy the Ap proval of Baptists by His Mil lions and That Were. He Guilty He Would be Expelled. By Associated .tress. New York, May 31 The recent criti cisms of John D. Rockefeller, growing out of his gift of $100,000 to the Ameri can Board of Commissioners for for eign missions, are declared in an article by Rev. Dr. Robert Stuart MacArthur, pastor of Calvary Baptist church, this city, to be published tomorrow in the Examiner, a Baptist publication, to be coarse, cruel and perhaps criminal to have maligned the entire Baptist de nomination. He "protests against the condemnation of our churches by these cowardly and unjust, attacks" and de clares that no one knows better than Rockefeller that he cannot buy the ap proval of Baptists by his millions; that Baptists would advocate his expulsion from the church if it were proved that he had acquired his money dishonestly or by means morally or socnally de structive. He adds that he has inves tigated certain business transactions which have been fiercely denounced by Mr. Rockefeller's critics and has found them in accordance with the highest standards of commercial morality. Rockefeller, he asserts, is worthy of confidence, admiration and affection and appeals for fairness of judgment for him.' . Dr. McArthur declares that the cit ies of Rockefeller appeal to the pas sions of the unthinking multitude and that this . is assassination of charac ter. He "repels indignantly" the charge that the Baptist denomination has solicited money from a man whose wealth has been 'dishonestly acquired; points out that Dr. Wm. J. . Tucker, president of Dartmouth Col lege, should not be branded as a criminal " because Dartmouth College owned stock" in' the Northern Securi- " "" ties Company which company t the courts found to be in criminal con- ' spiracy; says that the supposition that Rockefeller is worth a billion dollars is grossly false, and that in the last two or three years his benevolent gifts were at least twice as much as the increase in his estate; asserts that he has made a gift of high value to humanity in revolutionizing the busi ness methods and affirms that while some men have been crowded to the movements of the Staudard Oil Com pany, every competitor was urged to join it on fair and equal terms. NEGRO DEPUTY SHOT. A Detective For Southern Railway Shot From Ambush While on His Way to Swear Out a Warrant. By Associated Press. Mobile, May 31. Calvin Childd, a negro deputy sneriff, doing detective work fcr the Southern Railway, was shot from ambush and killed. He was on the way to Mobile to swear out a-, warrant for Robert Crenshaw, colored, who, when Childs was passing the Plateau station., fired on the deputy from an ambush at the side of the road. An unknown man with Childs then shot and killed Crenshaw. Morton and Ryan. By Associated Press. Washington, May 31. Secretary Mor ton will be associated with Thomas F. Ryan in the construction of the pro posed comprehensive subway system of New York. He will assume the general management of the system. 7 Jury Takes the Case. Special to The JMews. Dallas, May 31. The jury took the case at 4.05 o'clock. Judge Justice in structed the jury to return a verdict of.not guilty as to S. S. Campbell. WINS AT LAST Papers in Injunction Proceedings Against Two Appointees Named by Him, Have Been Withdrawn, Thus Ending the Legal Fight Against Him. By Associated Press. Philadelphia, May 31. Counsel for David Smith, former director, of pub lic safety, and Peter E. Costello, for mer director of public works, who were deposed by Mayor Weaver, with- drew the papers in the injunction pro- ceedings brought against Sheldon Pot ter and A. Lincoln Ackar, their suc cessors. This formally ended the legal v fight ag ainst the appointees of Weaver.- MAYOR