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ONLY EVENING ASSOCIATED. PRESS NEWSPAPER IN CHARLOTTE.
VOL. XXXV- - N C 49 1
CHARLOTTE, N. C TUESDAY EVENING, DECEMBER 4, 1906.
PRICE: 5 CENTS
Message of ' 1
Aldermem Favor Plan
to Build Auditorium at
o .The Last Session of
Fifty Ninth Congress
College and Fifth Sts.
resident's Message Com
municated to the Joint
Session of Congress To
day. Subject of Lynch
ing Receives Attention.
Thought of Perman
ent Occupation of Cuba.
The Need of Efficient
Navy Urged. Corpor
ations Discussed.
Ey Associated Press.
Washington, D. C. December 4.
1"; . -I. lent Roosevelt's message to Con
s occupied the attention of the
t -...i-.' as scon as the opening prelimi
i ; ;! s were concluded.
Tin to included the receipt of nies-
,t from the House reciting the
( . a of several of their members.
f!:.1 Russian Ambassador, accom-u.rac-d
by two members of his staff
,' . ; the diplomatic gallery during
t"r. i oadinir.
Following the reading of the journal
in the Iiouse a committee was appoint
t .; to join a committee from the Sen
rarowait upon the President, These
iv- crcel they performed that service
; : I that he would communicate in
w.-ring to Congress.
The House after waiting on the rno
r :: of Mr. Payne took a recess for
I', minutes.
Si'oaker Cannon announced the ap
v Ir.iment of Cousins of Iowa, chair
raar: of the House committee on for-ti-rn
affairs.
Representative Lowden, Illinois, was
c ;.' t inted on the committe on foreign
jurairs to fill a vacancy.
A committee appointed to notify the
president that Congress was in ses
sion mr.de a resort through Senator
The- reading of the message began
:u 12:11. Many Senators were in their
s :::. The message received care
ful attention.
The Message.
To the Senate and House of Represen-
tatices:
As a nation we still continue to en
joy a literally unprecedented prosper
ity: and it is probable that only reck
ioss speculation and disregard of legiti
mate business methods on the part of
tLa business world can materially mar
il is proseperity.
No Congress in our time has done
more gcod work of importance than
i lie present Congress. There wrere sev
eral matters left unfinished at your last
te-sien, however, which I most ear
r.atly hope you will complete before
your adjournment.
Corporation Campaign Contributions.
I again recommend a law prohibiting
all corporations from contributing to
the campaign expenses of any party,
Such a bill has already past one House
(a Congress. Let individuals contrib
ute as they desire; but let us prohibit
hi effective fashion all corporations
rrom making contributions for any
political purpose, directly or indi
rectly. Government's Right of Appeal in
Criminal Cases.
Another bill which has just past
one House of the Congress and which
ii is urgently necessary should be
e-r. acted into law is that conferring
v yon the Government the right of
f-i.r.-c-a iin criminal cases on questions
ot law. This right exists in many of
the States; it exists in the District
of Columbia by act of the Congress.
I. is of course net proposed that in
; ny case a verdict for the defendant
en the merits should be set aside.
Recently in one district where the
fiovernment had indicted certain per-5-ons
for conspiracy in connection
'riih rebates, the court sustained the
ttoicndant's demurrer; while in an
other jurisdiction an indictment for
conspiracy to obtain rebates has been
sustained by the court, convictions
'otained under it, and two defend
ants sentenced to imprisonment. The
tv.-o cases referred to may not be in
r. id conflict with each other, but it
is unfortunate that there should even
he an apparent conflict. At present
there is no way by which the Govern
ment can cause such a conflict, when
if occurs, to be solved by an appeal
to a higher court; and the wheels
of justice are blocked without any
ical decision of the question. I can
ror too strongly urge the passage of
the bill in question. A failure to pass
it will result in seriously hampering
the Government in its effect to obtain
justice, especially against wealthy
individuals or corporations who do
vaong; and may also prevent the
Government from obtaining justice
lor wageworkers who are not them-'--Ives
able effectively to contest a
"ase where the judgment of an in
ferior court has been against them. 1
have specifically in view a recent de
cision by a district judge leaving
railway employees without remedy
fer violation of a certain so-called
labor statute. It seems an absurdity
to permit a sintrle district judge,
t-guinst what may be the judgment
of the immense majority of his col
leagues on the bench, to declare a
bv sclemuly enacted by the Con
gross to be "unconstitutional," and
then to deny to the Government the
light to have the Supreme Court de
finitely decide the question.
It is well to recollect that the real
efficiency of the lav often depends
r-ot upon the passage of acts as to
which there is great public excite
ment, but upon the passage of acts
of this nature as to which there is
not much public excitement, because
there is little public understanding
of their importance, while the inter
ested parties are keenly alive to the
desirability of defeating them.
Setting Aside cf Judgments and
Granting cf New Trials. .
In connection with this matter, 1
would like to call attention to the
very unsatisfactory state of our
criminal lav.', resulting in large part
from the habit of setting aside the
judgments of inferior courts on tech
nicalities absolutely unconnected with
the merits of the ease, and where
1here is no attempt to show that
there has been any failure of sub
stantial justice. It would be well to
enact a law to prohibit this.
Injunctions.
In my last message I suggested the
enactment cf a law in connection
with the issuance of injunctions, at
tention having been sharply drawn to
the matter by the demand that the
right of applying injunctions in la
bor cases should oe wholly abolished.
It is at least doubtful whether a law
abolishing altogether the use of in
junctions in such cases would stand
;he test of the courts; in which case
of course the legislation would be
ineffective. Moreover, I believe it
would be wrong altogether to pro
hibit the use of injunctions. It is
criminal to permit, sympathy fox
criminals to weaken our hands in
upholding the law; and if men seek
to destroy life or property by mob
violence there should be no impair
ment of the power of the courts to
deal with them in the most summary
Ccntintted on page 9.
Two of Feudists
Hanged To-day
Unusual Features Connec
ted with Crimes for
Which Razvlings and
Moore Were Hanged
To-day.
By Associated Press.
Valdosta, Georgia, December' 4.
J. G. Rawlings, and Alf Moore, negro,
were hanged here for the murder of
Willie and Carrie Carter, July, 1905.
Both stepped on the scaffold without
a tremor, . stood on the trap together
and fell together.
Rawlings in his last statement de
clared that he had told the truth and
that his sons. had no connection with
the crime.
Moore also declared he had told the
truth, insisting that Milton Rawlings
fired the fatal shots.
Mrs. Rawlings and her two daugh
ters visited Rawlings during the morn
ing. They remained in the jail but
did not witness the execution.
Faced Death Calmly.
Valdosta, Ga., Dec, 4. The crime
for which J. C. Rawlings and Alf
Mcore are under sentence to be
hanged today presented unusual fea
tures. J. C. Rawlings and W. L. Carter
were neighbors, 12 miles from here.
Eoth were Baptist ministers. Several
years ago a dispute arose as to the
line between the respective farms.
A litigation and bad blood resulted.
Carter was wounded by a shot
from ambush, and had Rawlings
arrested on the charge of attempted
murder.
A few days later a night attack was
made on the Carter home. Two of
the children, Willie and Carrie Carter
were shot just outside the house and
shots were fired without effect at
Carter and his 'wife and another
daughter.
The wounded boy managed to drag
himself to the house and inform the
parents that Milton and Jessie Raw
lings had shot him. He died next
day.
After the shooting of the children,
the attacking party attempted to
set fire to the house, but were fired
upon and driven off without further
casualties.
The trial which lasted two weeks
resulted in a verdict of death for
cider Rawlings, his son Milton and
Jessie and Alf Moore.
A third son, Leonard Rawlings,
was given a life sentence as an ac
complice. Every legal expedient was resorted
to. but the verdicts have been sus
tained in each instance.
IS HE THE MURDERER.
Man Who Resembles the Man Wanted
for The Murder of Two Persons, is
Held by Officers.
By Associated Press.
Hartford City, Ind., December 4.
A man, thought to be mentally unbal
anced, believed to be Grover Ford, of
: Denmark, Va., wanted for the alleged
' murder of Charles Cash and Miss
: Lydia Entaminger June 25. 1905. in
Virginia, is held here awaiting in
struction from that state,
i He is said to bear a striking resem-
, blance to a photograph of Ford and i
j on the clothing was found the name ;
"G. Ford."
Finale of Famous
Outstrips all
- JL
Many
AMERICAN EMBASSY PUZZLED.
Question to Be Proposed in House
of Commons Causes Surprise.
By Associated Press.
London, Dec. 4. The foreign office
and the American embassy expressed
themselves unable to imagine the
reason for the question for which
George Stewart Bowles, the Conserva
tive, proposes to ask in the House of
Commons, whether an arrangement
has been made between the United
States" and Germany, providing in
case Germany becomes engaged in
war that the German mercantile
marine be taken under the United
States flag.
The foreign office officials stated
they never heard the slightest sug
gestion of such idea.
POPULACE EXCITED.
Great Excitement Over Cabinet Crisis
in Madrid Manifestations Continu
ed' Throughout Night.
By Associated Press.
Madrid, Dec. 4. The populace of
Madrid are greatly excited over the
cabinet crisis. Anti-clerical manifes
tations continued throughout the
night.
The police were compelled to
charge the crowds. Many persons
were injured.
Increase of Capital.
By Associated Press.
Trenton, N. J., Dec. 4. The Ameri
can Woolen Co. filed papers increas
ing its capital stock from $65,000,000
to $75,000,000.
Mr. D. W. Riddle, a street, car
conductor, received the box of Rob
ert Burns ., cigars that was given
away by the Consolidated Cigar
Stores, .Saturday, night.
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ALL RECORD
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BROKEN
US
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THE NEWS takes pleasure in announcing to its friends and
patrons that the year closing December 1st has been the best
in the history of the paper. The great lead THE NEWS has in
the circulation and advertising field has been won and held by fair
and legitimate business methods.
ST
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Statement
The Circulation of The News
December 1, 1908, was S,OS4
December 1, 1905, was 4,263
Net Gain.. 791
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H
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THE NEWS has 27 carriers in Charlotte and covers every sec
tion and suburb of this growing city. The Cash Receipts for No
vemberthe best indicator of good home circulation was the
largest Of any month in the history of ;the paper.
The Advertiser .''S'SgJEft
remember "In Charlotte Nearly Everybody Reads
THE
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FILLING FINE!
Gillette Case
Proceedings in
Sensational Developments
Hot and Sensational
Clash Betzveen Prose
cution and Defense in
Famous Case of Chester
Gillette.
District Attorney Ward
Said Gillette's Plan to
Rob Girl of Life was far
Less Than his Plans to
Steal Virtue.
By Associated Press.
Herkimer, N. Y., Dec. . 4. District
Attorney Ward resuming his sum
ming up of the case against Gillette.
He ridiculed the 'argument of State
Senator Mills for the defense.-.
"The defense," continued Mr. Ward,
"said there-was a physician at the
Glenraore- who had seen Grace
Brown's :body and that . the jury
would have the benefit of his attend
ance." "Did you? He was here, but not in
court. Why? It was just another of
the counsel's sly moves."
Gillette, Ward said, "wanted to
stay in Cortland, in society. He
never intended to take Grace Brown
anywhere except to her death.
"He concocted a plan to rid him
self of her, one far less than his first
to rob her of her virtue. The girl
received her death-blow, I am sure,
with a grateful heart, out there in
the woods."
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NEWS
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FUNERAL OF COL. YOUMANS.
Attorney General of South Carolina
Will Be Buried Tomorrow A Great
Advocate.
Special to The News.
Columbia, S. C, Dec. 4. The funeral
of Attorney Genreal Leroy Y. You
mans will be held tomorrow at noon.
The body of the distinguished lawyer
is lying in the state library in the cap
itol building.
Col. Youmans was undoubtedly the
most eloquent South Carolinian in the
last 50 years. He was in many re
spects a great lawyer but it was as an
advocate that he has no equal in this
state and perhaps in the whole South,
for he was familiar with the best lit
erature and possesed a wonderful mem
ory, being able to quote what he had
not read for many years. It is char
acteristic that when he awoke in the
middle of the night, Sunday night, he
reached for his volume of Macauley,
which he read for a time. Laying
aside the book, he laid his head oh his
wife's shoulder and fell asleep, as she
thought, but as the weight of the head
seemed unnatural, she turned and
found him dead.
Ask Loan of $1,C00,0C0.
Washington, D. C, December 4.
President Tucker of the Jamestown
Exposition Company, said the company
would ask Congress for a loan of
$1,000,000 to be secured by a mort
gage on the gate receipts.
The predicted loan will be paid in 3
months.
Shall Negroes
Serve in Army
Representative Slayder of
Texas Introduces a Bill
Which Favors Exclusion
of all Negroes Jtrom
Army of U. S.
By Associated Press.
. Washington, Dec. 4. Representa
tive Slayden, of Texas, introduced a
bill which provides that "on or before
the 30th day of June, 1907, all enlisted
men of the army who are negroes, or
of negro descent, shall be discharged
from the service of the United States
and thereafter no negro, or person of
negro descent, shall be enlisted or ap
pointed in the army of the United
States."
In explainining the bill Slayden
said:
"It was not introduced for buncombe.
My purpose is to give the Congress of
the United States the opportunity to
purge the army of an admittedly dan
gerous element. To say that negroes
are brave is not argument against
this measure. Many men have been
brave, in fact most men are in a mat
ter of fighting. The Comanche and
Sioux Indians were as brave as men
can be. But no one would seriously
suggest that we ultimately recruit the
regiments from them, put guns in their
hands and station them near companies
of white troops, toward whom they
entertain an inherent race hostility,
t "The 25th Infantry is manifestly im-
bued with the same race hostility and
events have shown it to be quite as
I dangerous as the Sioux or Comanche
! would be."'
Criminal Co'jrt.
Criminal court yesterday disposed
of a large number of petty cases.
The trial of John Bailey, charged
with the murder of John Miller on
the 25th of last June, has been set
for Friday morning. A special venire
of 25 men has Deen ordered sum-
moned.
W. S. Jones,-charged with assault
with deadly weapon upon A. A. An
thony, plead guilty. Case continued
owing to civil action now pending.
JUDGMENT CONTINUED IN CASES.
Judge Boyd Continued Judgment: in
Cases of Revenue Officers and Dis
, tillers Convicted, Until Special Term
in January.
By Bell Telephone.
Gheensboro, N. C, Dec. 4. In the
Federal Court here this morning Judge
Boyd ordered the trial for judgment of
the revenue officers and distillers.form
erly convicted, continued to await the
trial of the other officers at the special
term of court to begin here the sec
ond Monday of January. Judge Boyd
also set the trial of the bank case of
Simmons, Kard & Company and other
creditors vs. Harding & Davis for trial
at the special January term.
These defendants are among the
revenue Officers convicted and await
ing sentence.
N. C. POSTMASTERS.
List of Nominations Sent to the Sen
ate for Postmasters.
By Associated Press.
Washington, Dec. 4. The following
nominations for postmasters were
sent to the Senate :
Florida L. C. Lynch, Gainesville'
Georgia C. W. Parker, Elberton.
North Carolina V. J. McArthur,
Clinton; M. L. Buchanan, Concord;
V. C. Briggs, Raleigh; C. E. Orr, Bre
vard; R. D. Douglas, Greensboro.
South Carolina J. R. Cochran, Jr.,
Anderson; J. F. Richardson, Green
ville; C. D. Short, Sumter.
Tennessee N. J. Tallent, Dayton;
F. W. Galbraith, Jefferson City.
Case o f Bud
Abernathy
Governor Glenn Rescindsl
Pardon Recently Gran
ted Bud Abernathy,
Notorious Criminal of
Mecklenburg County.
Governor Glenn, having first par
doned the dangerous and notorious
negro, Bud Abernethy, now at large
having escaped from the State pris
on, and later canceled the pardon on
the ground that he had not been put
in possession of all the facts in the
case, there was wide-spread . inter
est in the city yesterday as to who
secured the pardon for the negro.
Mr. Roy. Kirkpatrick represented the
negro when he was convicted and
sentenced, and when asked yesterday
:f he had secured the pardon which
the Governor afterward canceled, he
smiled but refused to say anything
about the matter at all.
Abernethy was convicted at the fall
term, 1901, of Mecklenburg court,
tor robbing a man of a jug of whis
key and sentenced to nine years in
the pen. Saturday he was pardoned
but the Governor almost immediately
rescinded the pardon. The Raleigh
News and Observer of this morning
rays:
"Governor Glenn, after he had an
nounced the pardon, learned through
the newspapers of some facts which
showed that Abernathy's case had not
been correctly represented and he im
mediately telegraphed to Sheriff Wal
lace, of Mecklenburg, to return the
papers in the case as the pardon had
been cancelled and refused.
"It had been represented to the
Governor that the man had done
no damage and had only taken a jug
having in it some liquor worth about
50 cents and that he had been in the
penitentiary for six years. The Gov
ernor thought the punishment suffi
cient, as the negro had been a sol
dier in the Spanish-American war
and had been honorably discharged.
When he found that he had been de
ceived in the matter as to the griev
ousness of the man's offense he at
ence cancelled the pardon, and Bud
Abernathy remains in the State
prison.
The News Raleigh correspondent to
day sends the following:
Concerning the revocation of the
pardon of Bud Abernathy, serving nine
years sentence from Mecklenburg
county for taking a jug of whiskey
from an old man on the streets of
Charlotte six years ago, Governor
Glenn said today that in February
1906 application was made for a par
don by Abernathy's attorneys, but he
declined to act at . that time. It was
represented to him that Abernathy
had taken whiskey valued at about 50
cents and that because his victim was
an old man the judge gave Abernathy
nine years sentence, also that counsel
represented to the governor that no
injury was done the old man by Aber
nthy in taking the whiskey and that
Abernathy was a good prisoner, had
served in the Spanish-American war
and received honorable discharge.. Af;
er; issuing the pardon the governor
says he received authoritative informa
tion that Abernathy hati injured the
old man from whom he took the whis
key and that he also broke jail some
time after his incarceration. It was
for this reason that the pardon was
cancelled. The prisoner will now have
to serve the whole nine years sentence
J for his drunken escapade in forcibly
taking fifty cents. worth of mean whis
key.
Mrs. Armistead Burwell and Mrs.
R. C. Carson left this morning for
Pinehurst to spend a few days.
Agree to Furnish the Lot
Owned by the City as a
Site. The Structure to
Cost Fifty Thousand
Dollars.
Recommendation of Gen
eral Committee on Ex
tension Postponed Until
Property Owners Can
be Heard,
By approving plans submitted by
members of the Charlotte Auditorium
Company and agreeing to offer a site
for the proposed building, the board
of aldermen in session last night prac
tically assured the erection of an audi
torium in this city within the near fu
ture. The discussion' bf this subject
was held immediately after the ses
sion concluded its preliminary work
and after the plans were briefly dis
cussed, the aldermen adopted resolu
tions approving the project and offer
ing the site at the corner of Fifth and
College streets, which the city has
owned for a long time. The resoJtion
was passed unanimously.
It is agreed in the report that tne
building and equipment will cost $50,
000, $20,000 to be raised in cash by the
Auditorium Company, composed of
Messrs. Willis Brown, E. R. Preston,
F. D. Lethco, Robert Glasgow, John
A. McRae and others. Bonds will be
issued not exceeding $30,000, bearing
5 to 6 per cent, interest and made pay
able after ten years, the first mort
gage on the property as security. The
lot is valued at $20,000, which shall be
paid to the city in auditorium bonds
with a second mortgage as security,
interest on the amount being discharg
ed by the use the city shall make of
the parts of the building and for its
use on occasions of the graded school
commencements. The city shall be
given an option on the purchase of the
property at the end of ten years. In
the event that the re-purchase is made,
the Charlotte Auditorium Company
shall be given the right to purchase the
building for such an amount as shall
be fixed by a board of arbitrators.
These are the primary conditions
embodied in the resolutions adopted,
which were reported by the auditorium
committee. Alderman Faispn endeav
ored to amend the report so as to give
the city the right to use the auditorium
free of charge for political events oc
curring during the 20th of May exer
cises, as well as during the commence
ments of the Charlotte graded schools. ,
This amendment failed to carry. On
motion of Alderman Ross, Mayor S.
S. McNinch appointed Aldermen Ward,
Williams and Dowd to act conjointly
with the Auditorium Company in be
ginning work upon the plans and ar
ranging the details of building.
Extension Subject Postponed.
The report of the Committee of One
Hundred on extension, favoring a 2 1-2
mile limit, was held over. Mr. T. C.
Guthrie, representing the anti-exten-sionists,
appeared before the board in
behalf of the property owners and bus
iness interests on the outskirts, asking,
that these parties be tendered a hear
ing before final action was taken, the
question to be discussed at the next
meeting or a special meeting ordered
for the purpose.
Mr. E. L. Keesler, representing the
committee on extension, read the re
port, and stated finally that the com
mittee would have no objection to the
proposed postponement. He asked that
the extensionists should be given the
same right of speech, however, when a
final hearing is ordered. Mr. Keesler
moved that the meeting be held on the
17th in the county court house at 8
p. m., when all parties interested pro
or con would be given an opportunity
of expressing themselves. In this con
nection a letter was read from Mr.
Heriot Clarkson, who filed the minori
ty report of the committee, and ex
pressed himself as satisfied that he
had done his duty in the matter and
acted according to his best judgment.
Alderman ' Smith reported that no
progress had been made by the commit
tee of which he was chairman, appoint
ed by the board to confer with the
Mecklenburg camp of Confederate
Veterans, the Daughters of the Confed
eracy and the Sons of Veterans for
the purpose of securing a site from the
city upon which to erect a museum
and veterans' armory. The committee
are anxious for a lot on the Mint prop
erty and has - asked Congressman
Webb to use his influence in securing
this lot.
Representing Messrs. J. W. Brown
and J. W. Gardner, Mr. A. B. Justice
appeared before the board. His clients
asked for a license to conduct a res
taurant on West Trade street in the
new business building being erected on
the Brown lot, stating that applica
tion for the license had been turned
down. It was moved by Alderman An
derson that the board grant the peti
tion, Alderman Ross offering a substi
tute to forbid the opening of the res
taurant oh the grounds that the place
was unfit for such a business. The lat
ter motion failed to carry, but the orig
inal metion was amended so a s to
make the applicants give a $200guar
antee to preserve order and decency
in the place, with the understanding
that the license shall be revoked upon
the first complaint filed.
Fruit -icenses Raised.
The board increased the license of
retail produce and fruit dealers, ex
j (Continued on Page Two.)
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