Newspapers / The Charlotte Observer (Charlotte, … / June 16, 1905, edition 1 / Page 1
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THE LOCAL STATE FOREIGN HT A M MEW TOD NKV TOI Why Wait Until Tomor row When You Can Read All News Today?. The Only Afternoon Associated Press Newspaper in North Carolina. o. JLL. XX NO. 6051. I! SHED IN 11IS CASE ill JDfiE BOYD g the Plea of Abate :i!ed by District o'uon at the Morn- ;ent V. ttorn.1? ct the Federal in 2 on Court Te.iny. ie Boyd Not S aire. of His Right ehind thje Return ot the to Go (Innd JurVi bUT U it ot rair- J - : ess to Defendant Quashed Bill. Aether Bill Sent. in.lk-tient against The , i !; ot vx: Williams Company, N. Glenn m-, an 1 D. K. Kennedy, charging Vui liif nuiints with detraudins: tne- :.t in the making of whiskey, ..,! in the Fecial Court this came ur' in the Federal morning wlien District At- tV.ut 11'. lum submitted !lis answer 1 in abatement filed yester Williams' cou nsel, answer had , be.;n submit V. P. Bynum.(Jr., of Greens ilr. E. T. Caniler addressed a defense of their position. to !!.' I''' -i:iy !.y M Aft''!' l an.' Ui!'t tilt' in ,.f tht-e very able a r.to:neys cou .1 thai the evidence' adduced be- Hi' t:: ana jury mat i"iu was not oniy insufficient but was A number of cases were cited !';. ::u decisuons of the Supreme L.;-i ot North Carolina and that of , stat.- upholding tl-e position u;v,a by the counsel for t,he deiend- ' a tin- n :u-lusior. of the arguments ;, ,v I'.Jtnel fo : tie defend. Dk-trict Ar.trnt-y Holton mul Assistant District At;; ney Price, a ,i dressed the court in iff- ise "of the position taken by the i,iv rttnicm. Both argumerits were -'.it 1? and very impressive. ,: lir.j Uuyd statel that- he u oubted iht her he had the right to go .behind ii:- imiings of the grand jury or to in into the insufficiency or weight of ;hf 'vi.ieiu-e. But, in all fairness to the i.iaiit-, he would quash the bill of ,;: ta,fnt - - - '-. li mediately after the judgment of :c court was rendered, another bill a? druwn by the District Atorney an.1 : :raiul jury is now at work hearing; i!;H -vii'ence. The Government's Answer. Ir ausv.er to the plea in abatement . .Ilea by the attorneys for Mr. N. ','-. 11 Williams yesterday. District At torney Holton offered the following this morning: I:.;-. -iii Court of the United States, Western District of North Carolina. At Charlotte. l"nd States vs. The Old Nick Wil li ms Company, N. G. Williams and D E. Kennedy. P. 3. Sams being duly sworn says '.ha he had read Nthe plea in abate mex filed in the above entitled case by X. ('k-nn Will.'ams, D. E. Kennedy and The OH Nick Williams Co. T at he, R. B. Sams, when sworn hefc. -e the grand jury at Statesville 'V' t!;A aforesaid indictment against the ilove named parties was found in lii- 'ristriet Court at April term, 19C5, as e now remembers it went to the a; :l j'try room and took with him the K-,t-As from the collector's office made iy hi- defendants in connection with diM business as manufacturers, whole-:-ai liquor dealers and rectifiers, sworn I't'-iis of the defendants, with inven ts made by affiant, and that, he T'i? ,t. have said to the grand jury -l I ubiy did that the evidence he would ?1Vf was contained in these records and mv-nrorit-s. and proceeded to exhibit the -ecor is. J "' th! material facts testified to by thi:- affiant before the grand jury are m f t forth in the affidavit of the d ants, but there are some immate :!al facts set forth therein most of I' hi b wtT-e drawn out by the interroga tories of nif-mljers of the grand jury li- had given his testimony; that In 'spouse to questions from the grand J '.v he might have stated that he had 1 thai u. e. Kennedy had been w"!kiii for a salary sometime shortly n "iv that at Stntpsvillp hut thinks that i" had sworn in his direct testi- ri!"ny that he had seen D. E. Kennedy al, v: i; :i the rectifying establishment lji Lov.'-nst.ein & Co., of Statesville, as a illliO! ;. t "H at h not testify that the de "n lutir. x. rr. Williams had fled the '-'ir-t:y, but might have made the ;-tat. -niciit that he was reported to have jth-.-'fiishoro the week before for a 'Osntai; that he m not gtate that he I insolvent; that he did not say that p liatl suits against him involving nor that he could not pay. his ; but the only reference to suits ' 'ii ni!K that could have been referred ,lJ ftas a claim filed against the distil : ' for material furnished in the erec- "JIl tlierwif -arViih ho1 hoon hofnrp ii;,. . a 1 L11 recent term ul j: ' i 1 . t- . . C 4-1 - y n iHLii uuu kjsjm-. v : t Court at Greensboro; nor did fieri' lhte that N- Glenn Williams had 3,".; .. co"ntry to avoid prosecution; J.- d;n he say that this showed that tl'm " WSS S0mething wrong.' The ques- misht have been asked of some tha 'rs of the Srand jury if the -fact that i bad left the court did not show i there v,-as something wrong, -to " 1 hf- r,-,ight have said that it might H, h affiant stated from his knowl m n1"'lln financial condition of the that v r" Kennely, he did not believe we was able to buy out and run such a distillery, and this might have been drawn out by the interrogatories of the members of the grand jury; A. E. HOLTON, a , ., , U. S. Attorney. Subscribed and sworn to before me this 16th day of June, 1905. H. C. COWLES, Clerk U. S. Courts. YOUNG MAN A SUICIDE. Brilliant Younr; Scholar Kills Himself In Morganton. Special to The News. v Morganton, June 16. W. H. Ver ner of Columbia, S. C, shot and killed himself here last night in a fit of mel ancholia, aged twenty-eight years. He had been in a sanitarium in Phila delphia for some time for treatment for nervous troubles that had been brought on by overstudy and hard work at Oxford where he was a stu dent last year. He Mield ithe first Rhodes scholarship from South Car olina to that institution. A few days ago he left there and went to Charlotte to consult his counsin, Dr. E. R. Rus sell,' who vadvised him to come here for treatment. The brilliant young scholar shot himself in a short time after reaching the city. He gradu ated from South Carolina college about seven years ago. Thomas Walton of this city, one of the oldest and most honored citi zens died last night. BOOKER AT WHITE HOUSE. Called on President in Rerjard to His Visit to Tuskagee. By Associated Press. Washington, June 10. Booker Washington called on the president to talk about his visit to Tuskegee in ucioDer. The president exnects toi pass tne greater part of October 23 o- r, l- i j. , 1 re Jv in a"ange1ments f ret.al" ; l eadv in makine for a. rlemnnstratinn i by the students of the institute in his honor. The president will review the procession and pay a. visit to the in situte and deliver an address. Profes sor Washington tonight delivers an address at the graduating exercises of the colored high school, colored nor mal school, and the Armstrong man ual training school., Thery Wins. By Associated Press. Paris. Later. Thery finished first, covering five hundred and fifty kilo metres in 7 hours and 42 minutes. The Sizaz was second and Caillois third. No fatalities occurred. Leaves Four Million for Charities. By Associated Press. Vienna, June 16. Baron Nathaniel DeRothschilu, who died June 13, left four million dollars to be distributed for various charitable purposes. - Destructive Fire. By Associated Press. Fort Francis, Ont., June 16 The bus iness section of Fort Francis, with the exception of three buildings, has been destroyed by fire. The loss is $200,000, with insurance amounting to about oue-half that sum. Mr. Leonard Cathey has been con fined to his bed in Dilworth for several days on account of sickness. How Readers of THE NEWS are having practical proof almost dally of the great superiority of the As sociated Press Reports. ' These reports are noted for their accuracy and for their promptness and they cover the world. Here is a specimen of the way the Associated Press "beats" the ocher fellows. These items are taken from yesterday evening's papers. ASSOCIATED PRESS. Washington, June 13. (3 p. m.) Official announcement has been made that Washington has been se lected 'as the location of the peace conference. ' The announcement came in the form of an informal statement is sued by Secretary Loeb by the di rection of the President. The statement follows: "When the two governments were unable to agree upon either Cheefoo or Paris, the President suggested The Hague, but both governments have now requested that Washington be chosen as the place of meeting, and the President accordingly formally notified both governments that Washington was so selected. "It has been suggested at the White House that after the meet ing and organizing', the plenipoten tiaries, if it should be found un comfortably hot in Washington, might adjourn to some summer resort in the North, where they may ' continue their sittings until such time as-the weather in Wash ington shall be more comfortable." The Associated Press service is expensive, but it is the best in the world, and so none too good for News Readers. The people want today's news today, and that is what THE NEWS gives them. cha rTE, HEAR LIKELY TO IN OTHER RESULT ARRESTS Startling Disclosures are Made in the Hearing of the Case of Caven, Who is Indicted -for Being Unlawfully Interested in Philadelphia Contracts. Important Arrests Will TLikely Re ; suit, Among Which is That of ! Chief Hill, of the filtration Bureau and Other High Of " ficials. By Associated Press. Philadelphia, June 16. Additional arrests are expected as the result of disclosures made at the hearing in the case of Select Councilman Caven, who is under bail on charges of being unlawfully interested in the city con tracts. Persistent rumors ;are in circula tion that among the arrests considered, if not already decided, include State Insurance Commissioner Durham, State Senator McNiclrol, Former Direc tor of Public Works Castello, and John "TT TTill 1 ' y.i f i vv. nin, wnose resignation as uniei jof the Filtration Bureau was accept- UJ - t"v; riiutiiiuii Bureau was ucctMJL- ed yesteMay by Mayor Weaver immed- .... J , .. . . lately after the revelatiorAs at the Caven hearing and one or two of the men employed as inspectors on var ious positions of "the filtration work. In some respects the arrest of former Chief Hill would prove as surprising as the arrest of Durham himself, for it was only a few weeks ago that the mayor had the council increase his sal ary fom twelve to seventeen thous and a year while his ability as an engineer is recognized all over the country. CONTEST ON FOR AUTO CUP The Winner Last Year Leads Again For the Prize. By Associated Press. Paris, June 16. Twenty-four con testant in the French trials for the James Gordon Bennett International Auto Cup started at six o'clock this morning over the Auvergne Course Thery, the winner of the cup last year was the first to start and he was fol lowed by others at intervals of four minutes. Dispatches from along the course showr that Thery madei eighty kilometres in an hour with Wagner making the next best time. Large Manufacturer Dead. By Associated Press. Liverpool, June 16. Sir John Arch ibald Willcox, the principal proprietor of the Liverpool Courier and largely interested in the tobacco trade as a manufacturer in Liverpool and Lon don, is dead. He was born in 1842. THE OTHER J9ELLOW. Washington, Junei15. The Rus sian ambassador an;,the Japanese minister continue make alter nate visits to thdWhite House. Takahira called ov the'"' President at 10:45 o'clock trAmorning with further' advicestfitQ the place of meeting of the peace plenipoten tiaries. Although the President was disappointed over the seeming ly unnecessary delay on the part of the two belligerents . in arriving at a definite conclusion regarding this point, he has not doubted the sincerity of Russia or Japan in entering upon peace negotiations. The suggestion has been made that Japan would not be averse to de laying the game of peace until Oyama shall have had an opportun ity of inflicting a crushing defeat upon Linevitch, but this theory is denied here. P L if'" ! n: a, Friday, evenings june i 6, 1905. GENERAL REQUIEM FOR ENTIRE CREW OF DOOMED SHIP Prophetic Words of Captain of Battleship Alexander III, Whose Crew Went Down to a Man in the Battle of Sea of Japan are Recalled. Report of General -Linevitch In dicates That t the Japanese Have Been Repulsed in Sever- al Land Battles by the Russian Turning Movement. By Associated Press. St. Petersburg, June 16. A general requiem mass will be celebrated at the Naval Chapel for the repose of the souls of the officers and members of the crew of the battleship Alexander III, which, the Admiralty announces, went down to a man in the battle of the Sea of Japan. There is only one survivor of each of the. complements of the battleships' Borodino and Navarin. The prophetic words of Captain Bukhvast off, of the Alexander III, at a dinner of his officers before their departure for the Far East are now recalled. He said: "Of one thing I am sure, we will all die and not surrender." General Linevitch - reports that the Russian turning movement forced the Japanese to retire from Iulantizi on June 11, after the burning of their supplies. Another Russian force on June 12., advanced from the valley of the Tsin river to the village of Vanluo gow, pushing back the Japanese ad vance posts. On the same day the Russian cavalry occupying Nanshant chenzi, retired slightly northwurd. Two Plenipotentiaries Named. Washington, June 16. It is learned authoritatively that M. Melidoff, the Russian ambassador to Paris, will be cne of the plenipotentiaries of the St. Petersburg government and that Marquis Ito will probably be the principal representative of Japan. So fas as can be ascertained here a num ber of plenipotentiaries to be nomi nated by each government has not been determined, but it is expectd that the number will not exceed three each. It is not unlikely that the names of the plenipoatcntiaries and the time agreed upon for the assembling of conference will be determined by tne first of next week. Japan's Reply to Roosevelt. Washington, June 16. The follow ing is the text cf the Japanese reply to the president's identical note to Japan and Russia on the subject of negotiations for peace: "The imperial government has given to the suggestion of the pres ident of the United States, embodied in the note handed to the minister for Foreign Affairs by the United States minister on the 9th, very serious con sideration to which, because of its source and its import, it is justly entitled. Desiring in the interest of the world as well as in the interest of Japan, the re-establishment of peace with Russia on those terms and condi tions that will fully guarantee its stability, the imperial government will, in response to the suggestions of the president, appoint plenipotentia aries of Japan to meet the plenipoten tiaries of Russia at such a time and place as may be found to be mutu ally agreeable and convenient for the purpose of negotiating and concluding the terms of peace directly and ex clusively between the two belligerent powers." NEGROES LEAVE FOR GALLOWS. Three Murderers Accomoanied to Place of Hanging by Guards. By Associated Press. Birmingham, June 16. Harvey Smith, John Collier and Will Jackson, t the three negro murderers sentenced to hang at Decatur today, left here on a special train this forenoon under an escort of troop "D," Alabama National Guard, Sheriff Wiggins, of Morgan county, and a squad of deputies. OFFICIALS INDICTED. Indictments Against Five Firms Presented to the Packing Federal Grand Jury. By Associated Press. Chicago, June 16. The proposed in dictments against the officials of at least five packing firms were said- to have been presented to the members of the federal grand jury by District Attorney Morrison for consideration. The report was current that the indict ments have practically been vetoed by the jury. NOTED VETERAN DEAD. Was Captain of Company Known as Lee's Rangers. By Associated Press. Newport News, June 16. Ex-Sena-ator Thomas J. Christian is dead, aged 69 years. He served with dis tinctiou in the late war and was cap-j tain of the cavalry company known as Lee's Rangers, and was known as a most daring man m the Confederate cavalry corps during the war. HITTEN'EM- HARD. EATTIS-KILGO CASE HON-SUITED TODAY Judge Moore Said the Evidence Introduced was Insufficient to Justify a Continuance in the Case. Powerful Plea of Ay cock. Special to The News. Raleigh, June 16. A non-suit has been ordered in the case of Gattis vs. Kilgo, order to this effect having been made this afternoon after the hearing of an exhaustive argument by ex-Governor Aycock for and Col. T. M. Argo against the motion which was lodged yesterday at the conclusion of evidence for the plaintiff on the ground that the plaintiff had not made out a case of malice in the publication complained of. In announcing this ruling, Judge Moore simply stated that as averse as he might be to taking the case from the jury, he was satisfied that under the ruling of the Supreme Court in the last appeal and in the light of the ev idence introduced by the plaintiff of this trial, there was no ground upon which the case could stand for contin uance of trial. It is understood that the plaintiff will appeal to the Supreme Court. Ex-Governor Aycock's argument this morning advocating a non-suit is pronounced one of the most powerful and eloquent j ever heard in the Wake court house. ARMY OFFICER SENTENCED. Officer Connected With Suicide of An other Army Officer's Wife at Omaha Gets Three Years in Pen. By Associated Press. Washington, June 16. The President has approved of the findings in the two trials ot Captain George W. Kirkman, of the Twenty-fifth Infantry, sentenc ing him to dismissal from the army and a confinement in the penitentiary at Fort Leavenworth for seven years. Kirkman is connected with the sensa tional case, resulting in the suicide Of the wife of another army officer at Omaha. CONDITION OF GOMEZ WORSE Gangrene Resulting From Abscess Re tards Action of the Heart. By Associated Press. Havana, June 16. Sjnce .midnight the condition Of General' Maximo Gomez has steadily grown worse. It is now apparently - that the gangrene resulting from the abscess on his hand, for which he underwent an op eration at Santiago early in May, is retarding the action of the heart and other organs with the result that the general's death may be expected at any time. FAMOUS TRIAL The Negro Greason Who Was Convicted for Murder of John Edwards, is at Last Acquitted. Death Warrants Had Been . Is sued Ten Times. By Associated Press. Reading, Pa., June 16. Samuel Grea son, colored, has been acquitted of the murder of John Edwards. Mrs. Kate Edwards, wife of the murdered man, whose testimony convicted Greason over three years ago, today completely exonerated him. Edwards wras mur dered nearly four years ago, and Grea son was arrested several months later. His death warrant . was issued ten times and the case developed into one of the most remarkable murder trials in this State. Mrs. Edwards, mother of Greason's child, is under- a sentence of death and it is expected that the governor will fix the date for the exe cution within a short time. It was postponed several months ago so she the could be used as a witness at Greason trial. ENDS IN ACOUIHAL TH-iSl v. REPORT NOT YET SUBMITTED. Superintendent of the State Insurance Department Declines to Say When He Will Do So. By Associated press. ' New York, June 16. Superintend ent Hendricks of the State Insurarce Department, said today that he had not yet submitted his report in the Equitable matter to Gbvernor Hog gins. He declined to say when he would do so. MOTHER KILLS FOUR CHILDREN After Cutting Their Throats With a Butcher Knife, She Kills Herself. By Associated Press. Kieler, Wis., June 16. Mrs. Paul Klass killed her four small children and committed suicide. She used a large butcher knife cutting eacii of her childrens' throats. Her eldest child was six and the youngest a baby. The woman has been in ill health. BANKER GETS SEVEN YEARS. Maximum Sentence for his Crime Would Have Been 210 Years. By Associated Press. Toledo, Ohio, June 16. Facing three Federal indictment, containing twenty-one counts, the maximum sentence on which would be 210 years, Ormus M. Burns, the Montpelier, Ohio, banker, pleaded guilty to embezzlement and was sentenced to seven years imprison- ! mc nt KiLLS WIFE As a Woman Lay in Bed with Her Baby in Arr.s She is Shot by Hus band. By Associated Press. St. Paul, Ind., June 16. Wm. Board man, a quarry man, killed his wife with a revolver as she lay in bed with a baby in her arms., then killed himself. The tragedy is attributed to jealousy. TRAIN KILLS TWO And Fatally Injures the Third at a Crossing on the Lake Shore Road. By Associated .Press. Bryan, Ohio, June 16. Mr. and Mrs. A. T. Brown, of Edgerton, were killed, and Mrs. Rathburn fatally injured by a mail train on the Lake Shore road at a crossing near here. Resigns After 23 Years' Service. By Associated Press. Louisville, June 16. Wm. J. Dickin son, third vice-president of the Louis ville and Nashville Railroad, has re signed after a service of 23 years to engage in private business in th East. Last Session's Credit Men. By Associated Press. Memphis, June 16. The last day's session of the National Convention of Credit Men was opened by an address by Wm. A. Pendergrast, of New York, on "An Enduring National Bankruptcy System." Three New Cases of Fever. By AsMMaie(l Press. Washington, June 16. Governor Ma goon reports three new cases of yellow fever and one death on the Isthmus. PAYS PENALTY FOR HIS Young Man is Hanged This Morn ing for the Murder of His Girl Wife. Burst Into Tears as He Mounted the Scaffold. Made Statement. By Associated Press. ' Peoria, 111., June 16 Otis Botts, aged 21 years, was hanged today for the murder of his girl wife last Jan uary, f He strangled her with a piece of ribbon. Botts' mother wanted to attend the execution, but he faid: "Don't do it, you'll make me lose my nerve." When Botts mounted the scaffold and faced the crowd the air of tTav ado which he had maintained was abandoned and he burst into 'tears. When asked if he had anything to say, he replied: 1 ' . "For all the sins I have committed against the laws of God I am sorry and may tJod have mercy on my soul." He was barely able to stand when 'the straps and noose were being af fixed to his body. S PRICE: 3 CENTS. OF NO, 40 Passenger Train No. 40 Derailed Near Kings Mountain Last Night. Engineer Cauble Dead and His Negro Fireman Missing. is Family of Engineer Cauble Pro vided With a Special Train Out of Greenville, They Reach ed His Bedside Too Late to See Him Alive. Passenger train No. 40 due in Char- : lote last night at 10:10 o'clock, was derailed at a point one mile north of King's Mountain last night ati about 9 o'clock. y . Engineer Charles L. Cauble of Green- -ville, was so badly scalded that death -came to his relief at 5:20 o'clock ttiis morning. Up to the noon hour today nothing could be learned as to the negro fire man, Robert Witherspcon. It is gen erally supposed that his body is some where under the wreckage, but search so far, has not disclosed the remains. Shortly before Engineer Cauble died, he made a statement to some one standing beside his bed that Wither spoon, he thought, jumped before the train turned over. Captain Gormley, the conductor in charge of No. 40, states that several persons saw) a man making for the woods just as the train came to a standstill. Some be lieve that Witherspoon was hit on the head and rendered unconscious and -that possibly he might have wandered to the woods near where the accident took place The engine, tender, baggage car and express car, left the track and turned almost completely over. The other cars comprising the train were derailed, including two Pullman coaches. None of the passengers aboard were injured and the remain der cf the crew were not in the slight est hurt . The accident to No. 40 occurred just after the train left King's Moputain. At the time Engineer Cauble was running about thirty miles an hour. , As the engine reached a point near the" switch leading to the Lula Cotton Mill, the "iron horse" wavered, creened to one side and tumbled over, carrying with it the baggage and express cars. As soon as possible Conductor Gormley and other members of the crew went forward to render help if necessary. Above the sound of escap ing steam, the cries of Engineer Cauble could be heard. Brave man that he was, his agony was so excru ciating he could nt help crying aloud for assistance. When found the en gineer was lying in a pool of boiling hot water and the red hot steam, fresh from the boiler, was being forced against his hack and chest. He was extricated as soon as possible and was taken to King's Mountain for treat ment. Soon after arriving there Mr. Cauble expressed the wish to see his wife and two daughters. This was communicated to Superintendent P. L. McManus and in a short while a spe cial train was made up in Greenville and Mrs. Cauble and her two daugh ters, Dr. Earle, her family physician, and her brother-in-law, Conijuctor Mil ton Clapp, were aboard en- route to King's Mountain. But before his loved ones reached his bedside, the heart of the brave engineer ceased to beat, and his great sufferings were over. It was a sad scene in tnat little room in King's Mountain during the early hours of the morning. The dying engineer lay on his bed praying that God spare his life even for a few hours, that he might see his wife and little ones, who were then hastening to his bedside as fast as steam and skill could carry them. But, just as the sun rose the heart ceased to beat and all was over, as far as this world is concerned. An hour ' later the special train bearing the fam ily of the dead engineer rolled into the station at King's Mountain and the race against death was lost. There seems to be little doubt but that No. 40 was wrecked. Engineer Cauble in his dying breath said that he was running 30 miles an hour and he felt the pony trucks of his engine jump and in a second his train went over. Railroad people are firmly of the opinion that a spike placed by some miscreant did the terrule work. For there was only a slight curve where the engine left the track, the other portion of the train being on a straight ' stretch of track. Soon after the trouble occurred to No. 40, a wrecking train was ordered to leave Spencer. This train arrived in Charlotte at mid night and reached the scene of the ac cident an hour later. At 9:45 o'clock this morning the track was clear and all trains were moving as usual. No. 39, this morning was delayed about an hour and No.' 35 last night was de- -toured, going around by Columbia and up to Spartanburg. No other trains were delayed because of the accident. . . Fireman's Body Found. The body of Bob Witherspoon was , found this afternoon buried beneath the tender. It was horribly crushed. Engineer Cauble's Father. Engineer Cauble was a son of Mr. -R. ,W. Cauble who resides on North Graham street. The aged father left Charlotte this morning for Greenville to -attend the funeral which will take place in the morning. IE AND DEATH OE TWO 'io ;J1
The Charlotte Observer (Charlotte, N.C.)
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June 16, 1905, edition 1
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