THE RT1 THE ONLY EVENING ASSOCIATED PflESS NEWSPAPER IN CHARLOTTE. VOL. XXXV NL 39 1 IS THIS SPECIAL TERM OF COURT LEGALLY CULLED Hall's Attorneys Make ar Import ant Point this Morning, Saying that Governor Being out of the. State, Present Term of Court is Illegal. Gov. Glern, in Court, Admits that he was Out o State at Time. Judge Long Reserves his De cision and Proceeds with the Case. Social to The News. Salisbury, August 10. Court con vened at 10-30 o'clock this morning and the case against George S. Hall, v.r.o was arraigned yesterday after . on. was at once called. The court mediately proceeded to the selec tion of a jury. This was secured with Jiuie difficulty and is composed of thegpeciai to Tlie News u.iio-.vins named men; S. H. Wylie andl ' T, . f a rr R Rrittain rf CI o 1 ; c tt T r Pusas. Daniel L. Eddlemen, C. M. Kim-i-ail. Charles A. W. Sloop, C. D. Boger, uiuiams U. Kagle, J. C. Deaton, S. C. Ka inker, C. J.' Deal, and Cj A. Linn all iivim the country. Immediately after the selection of a jary. an important point was raised by rhe attorneys for the defendant Hall. This is in substance that when Gov. lk-nn called this special term of court, li- was at Atlantic City, N. J., and be ing out of the State, he had no power and no authority to order the term, that his power as an executive officer eases when he crosses the State line. Governor Glenn was in court and ad mitted that the statemeat that he was out of the state when the court was ailed as true. Judge Long reserved his decision as to the validity of the objection and proceeded with the case. Mr. Walter Murphy has been re tained to assist Mr. Klutz in defend ing Hall. The first witness 'put on the stand ry the State was Deputy Sheriff Julian. Mr. Julian's testimony was in effect that he saw Hall in the mob around the jail doors, inside the jail, and battering on the doors. At 12 o'clock court adjourned for dinner, Mr. Jul ian's testimony being unflnish-. f d. There have been no further arrests, f o far, there being only four men under indictment directly charged with the lynching. There have been no developments in the barn burning and no arrests have been made in connection with that affair. Gov. Glenn returned to Raleigh this morning. City Becoming Normal. Salisbury, Aug. 10. Affairs in this city has beensuch for the past five days that no news has proved interest ing unless it was exceedingly sensa tional But aside"" from the interest be ins manifested in the outcome of the trial of the alleged lynchers and of the wonder as to who will be the next to be placed .under arrest the city is gradually resuming its normal condi tion. With the exception of the vicin ity in the immediate neighborhood of the court house and jailthere is noth ing to indicate that the strenuous times and nervous tension through which this community has. passed and is still passing. The people are hoping that the end of it all will soon be at hand, for it has told on the nerves cf the people and is hurting business, except such as are being directly bene fited by the attendants at court and 'hose who furnish supplies and board to the troops. . It is expected that the cases will he long drawn out and there is no certainty as to when court will ad journ. Associated with Solicitor Ham mer in prosecuting the alleged lynch ers is C. T. Linn., county attorney, and Burton Craige, Esq. A coincidence of the case is that At torney T. C. Linn, who was associated v.ith the solicitor and Mr. Kluttz in the case against the alleged negro mur derers, is now associated with Mr. Hammer in the case against the accus ed lynchers, and Hon. Theo. F. Kluttz, M LinT hATTi r nUI DHIILC FIVE ARE KILLED A Detachment ot Ten U. S. Sol diers are Greatly Outnumbered by Pulajanes. First Lieut. James is Killed. A Gallant Fight. Associated Press. -lamia, Aug. 10. First Lieutenant -( 'in V. James, and two privates of xis(- Eighth Infantry, Contract Sur K"oji Calvin Snyden, and Internal f venue Collector Williams, of Illi nois, were killed yesterday in ahand-t'-han,! fight with Pulajanes at Julita I nd of Leyte. The detachment of,, ten men were neatly outnumbered,:' but made a gal lant fight. The Pulajjanes captured three pistols, four rifles and three hundred rounds of ammunition. "I Who Wn3 nirlinir AT T - , ! .. 1Viiil& iui. uinn ana tne solic- or in the Lyerly case, is called upon defend George Hall, an alleged -ate yesterday afternoon John Cau ble and Henry Goodman were arrest ed. While court was waiting on the sidLiu jury ine other defendants! dgctiusL wnom true bills had been re turned were remanded to jail, and Cauble and Gooaman were given op portunity to give bond in the sum of $2,500 each for their armearance at court this morning at 10 o'clock. There were very few spectators in the court yesterday but the trial of the alleged lynchers is expected to draw a large crowd to the court room during the progress, of the case. A special venire wa sordered sum moned from which to select a jury to try George Hall today. A special ve nire will be summoned in each case. Henry Goodman is a well known cit izen of Salisbury, is an engineer by occupation, was in charge of a switch engine on the Spencer yard for some time. He has a family and has lately been running an engine on the com pany's road at Whitney. John Cauble is also a well known Salisburyian. He is a carpenter, but has been for several years conducting a small farm below town. These men are not charged with actually participating in the lynch ing but in aiding and abetting it by their words and acts while in the crowd. MR. FRICK GRAND PATRIARCH. Was Elected Last Night Other Offi cers Final Adjournment. .J 111 11 CXil 1 . AU6 IV. X 11C X- 11J O Grand Encampment which has been in session at Durham for the past two days had its final adjornment last night with the election of officers. Mr. C. E. Friclv of Charlotte was elec ted Grand Patriaeh: Mr. F. C. Dunn, of Kinston, Grand High Priest, Mr. W. L. Smith, of Wilmington, Grand Senior Warden, J. T. King, of Wilmington, Grand Secretary; 'Mr; 'Wesley Williams of Elizabeth City, Grand Treasurer; Mr. G. W. Bryant, of Durham Grand Junior Warden; Mr. D. Gaston, of Fay etteville Grand Marshall; Mi. T. H. Brown, of Asheville, Grand Sentinel; Grand Representatives', George Green, of Newbern and W. H. Weatherly of Elizabeth. City- The delegates left this morning for their homes. JAPAN IS WAITING Will Not Venture an Opinion on Poach ing Incident Until Her own Report is Mace. By Associated Press. Tokio, Aug. 10. All facts received to this time regarding the Alutian Islands incident, point to a raid by Japanese poachers. The Japanese press refrains from comment. It is generally believed the affair will not result in diplomatic complications. The Japanese Gov ernment, however, is awaiting its own report upon the occurrence. Mr. T. T. Gilmer has gone to Bos ton, Mass., to purchase a winter nne of shoes for Gilreath and Company.' DENIES "ENDLESS CHAIN OF PRAYER Bishop William Lowrence Issues a Formal Denial of the Scheme. Was Flooded with Letters on the Subject. Received from Ear and Near. By- Associated Press. Boston, Mass., Aug. 10. So much annovanco has been caused to Bishop William Lawrence, Episcopal Bishop of Massachusetts, by a flood of letters which has been pouring in for several weeks regarding the so-called "End less Chain of Prayer," which it is lleged was started by him, that he found it necessary to issue a tormal denial. Letters have been reaching him daily fom points as far. distant as Florida and Texas, and one this week from Paris, France. Prayer begins, with the invocation lor divine mercy: on all mankind. Each recipient is told to send a copy of his prayer to nine persons. Mis fortune is threatened on whomso ever fails to send it. and "He who rewrites this prayer will be deliver ed from every calamity." DECK HANDS STRIKE. Large Percentage of Railroad Tug Boats Affected by the Strike. By Associated Press. New York, Aug. 10. A large per centage of railroad tug boats was effected- by the strike Wednesday of several hundred deck hands, running today. The Erie granted the de mands of the deck hands for an in crease of $5 per month in their pay. The first class hands, who demanded a $10 advance, will receive $5 ad ditional for the present, pending ar bitration. TheV Lehigh Valley road's boats continue tied up today. MR. J. W. OSBORNE. Is Chosen by Harry K. Thaw to Con duct Defense. Special The News. New York. Aug. 10. It been announced that J. -W. fnrmoriv assistant district has just Osborne, attorney of New York city, and originally of Charlotte, N. C. was chosen by Harrv K. Thaw, on advice of ; his lawyers, to conduct his defense. CHARLOTTE, N. C-. FRIDAY EVENING1, AUGUST 10, 1906 0 " ' fr A Sure Cure for the Lynching Habit. OPERATIVES OUT ON STRIKE Want Shorter Hours Carpenters Call For Boycot Big Tobacco Sale. . Raleigh, N. C, Aug. 10. The opera tives of the Melrose knitting mill here walked out on a strike last afternoon because ,of the refusal of the directors t grant them shorter hours of work, the demand being for. sixty hours per week instead of sixty-six. The mill makes men's underwear and the pay is by the piece. Tne president of the mill says that he feels sure the man agement and the operatives will reach an agreement very soon so that work will be resumed. . . 1 The inly noticable change in the situation so far as the carpenters strike is concerned is that the central labor union composed of all the labor unions in the city has adopted a reso lution calling on all union people and their sympathizers to boycot the Excel cior steam laundry because its owner i;iui sieaui lauuui v uetauiic n, 10 uwucui0j Aug 7th show the election as and operated by parties interested in 1 Democratic nominee for eounty com- mmDer ana mm plants mat are in tne fight of the contractors against the striking carpenters. The biggest sales thus far this sea son on the Raleigh 'tobacco market was that yesterday, when fifty loads of new tobacco wras sold at prices very satisfactory to the farmer. Raleigh has two leaf tobacco warehouses open this season and they have arranged for daily sales thrcfughout the season in stead of having sales twice a week as was the practice last season. There are a number of applications in for the secretaryship of the Raleigh Chamber of Commerce and Industry to be vacated Sept. 1 by R. M. Phillips, who retires to become secretary of the Greensboro Chamber of Commerce. There will be a meeting of the . direc tors of the directors of the Raleigh chamber next Thursday to take some action as to Mr. Phillips' successor. EFFORTS FOR PEACE. Efforts to Sink Individual Differences .and Unite to Prevent Revolution and Anarchy By Associated Press. . , ' St. Petersburg, Aug. 10. The healthiest .symptoms of the? situation now are the efforts being made at Moscow by a party of Octoberists to' secure the active co-operation of moderate-minded Constitutional Democrats to unite the progressive elements of the society which do not believe in a revolution, and defeat the candi dates of all extremist parties at the coming elections. Should the nego tiations be successful, it is their in tention to issue an appeal to the country asking all who favor a peaceful solution of the political, economic and ethnical problems to sink individual differences and unite and compel the government to realize the aspirations for a con stitutional regime ' and at the same time save the country from a violent revolution and anarchy.- NEW CORPORATIONS. Charters Were Granted to Two New Companies Today. Special to The News. - Raleigh, Aug. 10. A- charter was is sued today for the Brockton Trading Co., of Scotland, county, with $100,000 capital authorized and $10,000 .sub scribed, by A. A,. McKinnon, of Max ton, J. T. Johns, of Johns Station and others. ' , The Steele Soap Manufacturing Co. of High Point , with f 10,000 capital was authorized, $3,000 subscribed by R. W. Gray and D. F. Maddock. THEFT OF $47,500. Roving Band of Corcassians Rode Into Railroad Station. By Associated Press. Verkhoynsk, Siberia, Aug. 10. A roving band of Corcassians rode into the railroad station here yester day and robbed the cashier of $47,- 500.-. -. Robbing the Churches. By Associated . Presss. Moscow, Aug. 10. A, band of bri gands is systematically robbing the churches of this vicinity, with the avowed intention of securing, funds for a revolution. CHAIRMAN 'BELL TO REGISTRARS Mr. J, A, Bell, Chairman of the Democratic Executive Commit tee Sends out Letters to the Registrars in Regard to Second Primary. L ,-- V Mr. James A . Bell, chairman of the County Democratic Executive Com mittee, is today sending out a letter to the registrars for the primary in regard to the second primary, which will be held next Tuesday. The letter is as follows: "Thft returns from the nrimaries j missioners W. M. Long, J. B. D A Henderson and C V. Ross, Furr, leaving the fifth commissioner to be nominated at a second primary, Mr. H. J. Brown and Mr. W. N. McKee received the next highest ,? number of votes, and therefore f : a sec ond primary will be necessary to determine which of these gentlemen will be selected as a nominee for the fifth county commissioner. . "There was no nominee for tax col lector for District No. 1. Mr. J. Oliver Gluyas and Mr. W. C. McCau ley receiving larger votes than the other candidates. The second pri mary will therefore he held between these two candidates. "This second primary will be held on Aug. 14th between the hours of 2 and 6 in the county precincts and from 2 to 8 in the precincts con taining incorporated townsl The same officers are appointed to act for this primary. You ,will provide .two boxes, one marked "county commis sioners" and in the tax collector dis trict mentioned above one marked "tax collector, District Nun ber 1." ' : I will have the tickets printed and ready for distribution on Saturday the 11th., and I will ask you as reg istrar, to either call at my office or send order for the tickets and have them at the various polling . places when you open the election at 2 o'clock on Tuesday, the 14th. "Should either of the judges failto appear at that time, the registrar will appoint two voters to serve with him, and should the registrar fail to appear the judges are authorized to appoint a registrar. The officers will inspect the ballot boxes and take the oath to hold the election- impar tially, and according to law before istrar will send in the returns on the blanks -furnished at the time tickets are delivered and address one to Jas. A. Bell,, 'chairman and one to J.A. Russell, clerk of the superior court. Please make this return not later than Wednesday, the 15th. ' I will depend on you to call or send for the tickets for this election on Saturday, the 11th." MEAT INSPECTION CONFERENCE Secretary Wilson in Chicago jiit Re fuses to Discuss His Mission, t By. Associated Press. . r,r Chicago, Aug, 10. Secretary James Wilson, of the DePartmnt f Agri culture, arrived, here last night. He refuses to discuss his presence here at this time, but it is reported ttiat a conference has been called, at which those interested in closer quarantine regulations and inspection of cattle at shipping points can be present. According, to the- report President Roosevelt does not deem the new meat inspection law water tight,; as some laxity has existed in passing , on dis eased: cattle by the State Inspector. Secretary- Wilson, it. is reported, de sires to get uniformity of -action. -Patrolman Youngblood arrested John Claybum, colored ths morning and locked him up because of his in ability to give bond. Clayburn is charged with assaulting his wife and he will be. given a hearing in the morning. . i BAD NEGRO GOES TO JAIL. Drew His Gun on the Parsons En thusiastic Farmers' Institute. Special The News. ' Durham, Aug. 10. A negro named Louis Parrish created quite a dis trbance 'in Stagsville last night by drawing a . pistol on several parsons in' Jhat section as they were coming from church td their home. Also while the services were in progress cursed around the doors, and almost broke up the worship. After at tempting to shoot several parsons he made his escape, sut was captured by the officer and brought to Durham this morning; Thej'e were several associates connected with the dis turbance at the church.. Parrish, up tothis time, has 'been the only one captured, and he was placed in jail under a ?i00 bond until he can be given a preliminary hearing. The evidence against the negro Ms very fctrong, and he probably will remain in jail under heavy bail; until the Au gust superior court ,, A very enthusiastic Farmers' In stitute was held yesterday at the home of W. . M.. Allen several miles from the cify.: There was quite a crowd of farmers from' all parts of the county present; and the matters discussed were the growing of crops and how to "cultivate them. Several speeches were mad and the farm ers were in session almost the entire day. The woman department of the institute also had a splendid meeting. TRIS NEGRO RADLY COT THIS MORNING Vill Thompson Seriously Cut by o - u : ,.' n:c!. .!-.. n Ottiii naniai. lmmiuuiiv ' curred Near Ramsey's Brick Yard. ; Has Disappeared but Police are Looking 'for him. A serious cutting scrape occurred early this morning ' near Ramsey's brick yard, about three and one half miles from the city on the Yorkville Road. A negro boy by the name of Will Thompson was cut and stabbed almost into .insensibility and it -is thought; that his injuries may prove fatal. On his arms and head there are at least a dozen different marks of a keen blade and it seems that the knife was Used with deadly intent. Thomp son's assailant was Sam Harris for whom a warrant has been issued. . . The boys, Harris and Thompson, had a little difficulty yesterday afternoon in which Thompson got the "best . of Harris. The latter made the remark that he would get even with Thompson, and he did Later in the night he went to the store of W. M. Long, near the brick yard and purchased a new knife. This morning the boys met in the big road before 7 o'clock, while they were going to work; and without warning Harris commenced to carve Thompson. A num ber of stabs were Inflicted oh Thomp son's head and arms and a long gash on his shoulder. Thompson was remov ed to his home and a physician sum moned. More than 25 stitches were required to sew up the wounds. Harris is still at large though the police have a warrant for him and if he is apprehended he wjll be dealt with accordingly. ' , ,' 75 REPORTED INJURED. Were Injured' fn ' Wreck - on Fort Worth and ' Denver; Railway. By Associated Tress. . ' Fort Worth, Texa's-Aug. lO.- Seventy-five persons were reported in jured in a wreck oh the Fort Worth and Denver Railroad,, near Bowie, Texas. The report is being investi gated. . . New York, Aug 10. Pursued by Mounted Policeman Smith, - a large touring car' was wrecked at Jerome and Burnside Avenues. Brooklyn, early today. Smith, Mrs. Howard and Miss Evans are in a hospital, the" two for mer with fractured skulls, and recov ery is doubtful. ':&..'': TROOPS TO MOREHEAD CITY. Charlotte Comaany and Hospital Morehead -This Corps- Leave for Evening. A military special will leave the Seaboard Air Line depot this even-1 ing at 7:30 o'clock having on board the Hornets Nest Riflemen, of this city, and the' . Hickory and Shelby companies. The train is scheduled to arrive at Morehead City tomorrow morning at 7:30. Capt. Lyerly will Jae in charge of the Hickory company; Capt.' Jenkins, the Sielby, and Capt. W. S. Charles, of the local company. In addition to -- these the regimental headquarters will be' on board consisting of . Col. J. T. : Gardner, commanding; Capt. W; R. Robertson, regimental adjutant; Capt. J.' F. Robertson, regimental kcommissary; Capt. J. D. Lineberger, regimental quartermaster; Capt. B. J. Witfierspoon, assistant surgeon; Lieutenant E. C. Boyte, assistant sur geon ; Regimental Major C. M. Set zer; Batallion 5 Sergeant Major, W. G. Craven and Mr. G. C. Huntington, who will be in charge of the -Y. M. C. A. The encampment will continue about ten days. The Charlotte boys are tn good trim tor the encamp ment and will, " no doubt, carry off honors for appearance "arid training, FOUR NEGRO PJCNlCS TODAY. Three at Moore's Sanctuary and One - at Paw Creek. If your cook didn't turn up this morning she has gone on one of the four big picnics today. It is an annual custom for the negro churches of the city to cele brate one day in the year witha picnic. Today the congregations of four churches celebrated this day, and as the result cooks, draymen, nack drivers and many others are missing today. The procession that went through the city this morning was longer than a circus parade and in it were hacks of all ' descriptions, wagons, carts, buggies and various other vehicles. All were loaded to one too many" but this seemed to make little diiterence ?s all were appar ently enjoying themselves to fullest extent despite ' the crowded vehicles EVnd hot weather. The three picnics at Moore's sane tuary were the Little Rock, Bethel and Seeond Baptist Churches and the one at Paw Creek was the Grace Methodist Church. DEATH OR MR. A. M. AIKEN. Passed Away Very Suddenly At Hospi . ' tal Yesterday Afternoon. Mr. A. M. Aiken, a resident ofGreen- wood, S. C, died suddenly yesterday at one ,;"of the local hospitals. " Mr. Aiken was removed to Charlotte two days ago for treatment and his condi tion was thought to be greatly improv ed when the end came yesterday after noon at 5 o'clock. ' The remains were taken to the un dertaking parlors of J. M. Harry and Company and later takenW" Green wood, S. C, where the funeral and interment took place today. The Charlotte physicians diagnosed Mr. Aiken's case as heart and stom ach trouble. An hour prior to death the "hospital physician who was at his bed side eft him resting comfortable. He died a few minutes later. DEATH OF MR. BAKER Mr. Geone W Baker Died at His jj ome. Near Sardis Yesterday After- rfoorv - After, an illness of three weeks Mr. George W. Baker died as his home near Sardis yesterday afternoon. He is survived by ?- wife and five children and a brother, Mr. Lawrence Baker, of this city. Mr. Baker was reared in Sardis neighborhood- and spent the most 'of his life there. He was a good, honest, unassuming man who held the resnect and love of his neighbors. The funeral services were conducted at Sardis A. R. P. church this morning at 11 'O'clock by Rev. Dr. R. G. Miller, the pastor. , Mr. Baker was 54 years of age at his death. ' "Dr. Kincaid Comes Tomorrow. Rev. Dr. William Kincaid, who is preaching in the Second Presbyterian church during Dr. Hardin's absence will arrive in the city tomorrow morn ing and will be the 'guest of Mr. J. C. McNeilley. " - Dr. Kincaid's sermon at the Second church Sunday will be "Hawaiian Cus toms ''He is the pastor of Honolulu Union church. He has' lived oh thei Islands years "and his talk Sunday morning on. the above subject prom ises to beno little interesting. Crop Bulletin Issued. By: Associated Press. Washington, Aug. 10. The crop bulletin issued by the Agricultural Department today , shows the condi tion of corn "August 1st, at 88.1, com pared with 7.5 last month. The vinter wheat crop is 593,434,000 bush els, average 16.7 bushels per acre. The condition ' of spring wheat Au gust 1st 86.9, compared with , 91.4 iast month. Frar.k Ball in Jail. By Associated Press. "Louisville, Aug. 10. Frank Ball, the Middlesboro man. who was cap tured yesterday in Virginia after the battle in which a member of his party was killed, was placed in 'jail hero today for safe keeping. Steamer Grounded. By Associated Press. Porta Delago, Azores, Aug. 10. The steamer.. Brooklyn from Marseilles to New York, with 35 immigrants aboard went aground while entering the harbor today. An effort to float the steamer is . meeting with Jittle suc cess. . PRICE: 5 CENTS YEARLY MEETING OF FRIENDS' VERY The'Quakeis are Having a Good Time at Guilford College this Week. Many Delegates Pres ent and Discussions, Held Each Day. Feature Yesterday Afternoon was Governor Glenn's Speech, tx pressed Relief at Getting Away for. a Time fro.n the Tension of the Last Few Days. Special The' News. Guilford College, Aug.' 10. At the meeting for worship yesterday morn ing Dr. Geo. A. Barton, of Bryn Mawr College, spoke on "Reflecting the Image of God." In part Dr. B;ir ton said: "In inth verse of the 17th Psalm we find ..the Psalmist says, 'I shall bo satisfied when I awako with thy likeness.' An old saint once said, 'The heart is restless until it rests in Thee.' And so many of our church members are really not satis fied, they have no h?st, that rest which comes with a purpose in and a perfeot poise of life. We can never be satisfied until after the new birth, t'ntil we have awakened in His like ness. .The aim of each one of us ought to be God-likeness." At the meeting ror business at 10 o'clock the epistles wrre read from Dublin, London, New York, Kansas, New KngSand and Indian Yearly meetings. J. R. Memlenhall and F. . S. Blair were appointed to their former positions. .. Only six quarters have reported as follows; Eastern, Western, South ern, Deep River, Nuv Garden and Contentina ' The clerk expressed his regret that no further reports were sent' in. His remarks were endorsed by David Sampson., Allen Jay made a plea for a . revival of the good, old-fashioned family worship. Elwood Cox introduced a resolution expressing the regret of the meeting ever the recent blot on the fair name of, our old North State at Sal isbury in "thje lynching of the three negroes. Governor R. B. Glenn being pres ent was called on and spoke a few words concerning his abhorrence of the deeds. He said that ho was glad to know of that resolution and asked the prayers of tho meeting to up hold him in his efforts to carry out the laws of the State and of the United States as he swore to . do when he took the oath o2 office. The meeting converred again at 2:30 and heard very encouraging re- , ports from both the committee on ' the suppression of the liquor traffic and the orphanage committee. Col lections were taken for both com mittees. Governor Glenn being present was introduced by David Sampson and spoke in part as follows: "My friends for two days I' have been boWed down' with grief over the affliction and disgrace which has come upon the State of North Caro- nia and rejoife that I could leave it all and come and be with you. I be lieve that it is Providential that the cares of office should be taken away from me for awhile and be allowed to rest in such an atmosphere. "Now, before I begin my address propei, I wish to say a few words concerning myself. I have been in prohibition work ever since I have been in politics, and ever since I could vote. I am asked why I do not approve of local option. It is because the people who want it do not practice what they preach. They Continued on page 8. MAN DH SCAFFOLD ' DENOUNCES JUDGE Negro, Earle 'lecher was' Hang ed To-day. Before Drop Fell he Created Sensation by De nouncirg Judge Weaver as Being Partial. By Associted Press. Birmingham, Ala., Aug 10. Earle Fletcher, a negro who was hanged here today for themurder of " Bob Payne, a .fellow - cdnvict at ,-; the;; Flat Top mines, created a srns'aiion by denouncing criminal Judge F.' Weaver from the scaffold just before the drop fell. He dcclaredWeaver granted a ha beas cofpu.s'to John Williams, white, from another county and saved his neck the day before Williams was to be hanged, but when he came to his own case . Fletcher said the court went fishing. Fletcher declared "going . fishing" was the excuse for the judge to leave town to avoid granting a habeas cor pus. Fletcher was serving a 15 year sen tence when he brained Payne with a coal pick. ' LARGELY ATTENDED i v