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CHAE TT A -""TP"" H. WAV -d v v THE ONLY EVENING ASSOCIATED PRESS NEWSPAPER IN CHARLOTTE. ESTABLISHED 188e, CHARLOTTE. N. G.. FRIDAY EVENING, FEBRUARY 1,-1907. PRICE: 5 CENTS Barry Thaw h. ows Brave Man Outwitted i Ma rked Disappoint Couple Who Attacked Him in Dark of Night ment at Slow Progress ' ZyT? v "vVaiter, You ArT , j Wyt7 ''VSZKJHQr He.. WELL. - As Member of Jury were Taken Off Prisoner Be trayed his Disappoint ment. Case Drags on in Same Poky Manner. District Attorney Uses De lay to Study Men Al ready Chosen. New Features Appearing at 7 o-day's- Session. Dy A.--iH'iated Press York. Feb. 1. Shortly before I - I r.iV'- loril: tl'.o defense prevented the ccm-i i ot the trial panel-by prenip-, challenging Charles Rauchfuss. z the examination of this tales- ilka-on, of the defense, again h: in questions tending to show that the idea of insanity will be the nulu of the defendant. He asked Raufhf'i.-s if he would give the defen dant the same benefit of the reason able Jouht on the insanity plea as he v:o-:ll ith any other form of defense. IL J 'Ci::r.d he would. Ju?::ce Fitzgerald sustained a chal Ic:;.' t -r the cause made by the prose ciiion against David A. Arrowsmith, who declared after a lengthy examina tion that he would require a removal tf ecry possibility of doubt before te wo-iM convict in. a case involving the I'f-na'ty of death. Thaw's attor- nev io tight to have Arrowsmith ac- cti'ted. Justice Fitzgerald sustained the challenge entered by Jerome cn the grouni! that the talesman was more exact iris; than the law. Davis Hals ted and three succeeding talc-men were excused by consent. The defense again prevented the tllizz rf the jury box by a peremp tory challenge against Jchn S. Bush, who ?all the firm of McKim, Mead and White had been the architects of his re-iil. -r.ee. Thaw Disappointed. Harry Thaw was the most disap pointed man in the court room yester day when the counsel failed to com pete the jury that is to try him. Thaw felt sure this would occur yes terday. He was scon apprised, however, cf the fact that there was to be anoth er weeding out, and when this process finally took place his face showed the disappointment he felt. Today another attempt will be made to complete the jury. While the prospects would be good were the men already sworn kept in the box, there were reports that anoth er weeding out would occur. If the jury is still incomplete tonight there is every reason to believe that eoart will sit Saturday. It is evident that while the selection of j'irors is in progress the district attorney's office is making a close in vestigation of those already chosen, and that Mr. Jerome 13 determined to ije sure he has the best possible jurors before the court proceeds to the hear ing of testimony. Air of Uncertainty . There was more or less an atmos-i-tere of uncertainty in the court loom as the hour for resuming the Thaw trial approached. The court room was crowded with talesmen, the fcurth panel of 100 having reported and about 60 remain ing for the pa-el which reported yesterday. bore of the talesmen found their may into the scats reserved for the members of the Thaw family, but a"? re unceremoniously routed out f-hen Evelyn Nesbit Thaw and May HcKcnzie arrived. , The Countess Yarmouth, Mr. Geo. Lauder Carnegie, Josiah Thaw, and -r- Carnegie arrived "during the roll call. Mrs. William Thaw remained in doors because of the inclement taUier. Before any talesmen were called o the stand, Jerome, Hartridge and Justice Fitzgerald had - an earnest fonsulration at the judge's desk, but tne conference was fruitless. Veils Removed. Since the artists were banished from the court rooms by Justice Fitzgerald the Countess of Yarmouth and Mrs. Carr.egie, have removed their veils, after taking their seats. Mrs. Harry Thaw, however, has not once lifted the veil wh''ch she wears. Battle Between Counsel. Solomon E. Blogg was excused on tt-fi Pica cf business. There was a battle between coun sel over Charles W. Griffin. Thaw's ((um:ci objected many times to ques-t'n.-, propounded by Jerome and in "-veral instances was sustained. Th'rf then came a flash of feeling, vi'h t's was displayed yesterday. Iac A. Joseph i, was excused by --nsent and a recess taken until 2:30. -o;irt will not sit tomorrow. haw's counsel continued to ply tal-j by the polcie, fire and heaitn commib nien with questions as to con-1 sion, which will probably meet scmc 'hrauon they would give the pica time tomorrow. From what can be ff insanity. During this part of the learned it is not altogether improbable lamination the defendant seldom that Mr. Asbury will be given bacK lr"fc'.d at the talesman. All witness- his star in view of his past record as ls for the prosecution were re-sub-' an efficient and capable officer. ioenaed for Monday and ordered to leave the court building. Looking Up Record. Pittsburg, Pa.f Feb. 1. Assistant District Attorney Marshall of New York, has arrived in Pittsburc to innt up Thaw's record in this city. It is said he will go over the police records to ascertain if Thaw has ever done anything that brought him into the hands or under the surveil ance of the authorities. Also his intention it is said, is to interview some of Thaw's former acquaintances ond if they can threw any light on his character that will aid the prose cution. Marshall will try to induce ttem to go to New York as witnesses. No Court Tomorrow. The morning session of the Thaw murder trail ended without selest- j ion of the twelve needed to try the c,tSe- inirteen talesmen were ex- mined. Rumors that another juror. rr rcpihl. -. - i i ,vcre aKain in circulation and when Justice Fitzgerald set. back the hour for the afternoon session to 2:30 p. m. at the request of Jerome it was generally understood that there was to be further consultation between cousel as to the advisability of v. ceding cut the trial panel. "Jim Crow" Constitution. By Associated Press. Washington, Feb. 1. The President has Received resolutions passed by the constitutional convention of Ok lahoma asking if he would approve the constitution if it should contain a provision on the "Jim Crow" car question. No answer has yet been made bv the President. Death of Henry Magruder. By Associated Press. Rome, Italy, February 1. Henry Magruder, son cf the late Confederate general, John Bankhead Magruder, is dead. Mr. Magruder has been traveling in Italy with hi3 neice, Miss Buckler, who has nursed him during his ill ness which ended in his death. 1o Investigate N. Y. Exchange By Unanimous vote House Committee Makes Fa vorable Report on Re solution for Investiga tion Cotton Exchanges. By Associated Press. Washington, D. C, February 1. By unanimous vote the House commit tee on Interstate and Foreign Com merce decided to make a favorable re port on the resolution for an investiga tion of the methods of cotton ex changes by the Deparement of Com merce and Labor. The resolution is the amended from of the Livingston and Burleson reso lution and extends an investigation to all cotton exchanges dealing in fu tures. Representative Lovering, who will report the bill for the committee said that the New York and New Orleans exchanges are the two principal ones dealing in futures but that the Mem phis and St. Louis exchanges also have some dealings of that sort. The resolution as it will be reported is r.s follows: "Resolved, That the Secretary of Commerce and Labor, through the ! Bureau cf Corporations be and is here by, reouested to investigate tne cases of fluctuations in the price and the difference between the market price of various classes 01 cotton, unu cue said investigation shall be conducted with the particular object of whether or not the said fluctuations in prices have resulted in the whole or in part from the character of contract and de liveries thereon made cn the cotton ex rhrmsrp dealing in futures or are the result of any combinations or censpi-j racy which interferes or hinders, com merce among the several states and territories or with foreign countries." JAMESTOWN COMMITTEE Directors of Exposition Company Elect Executive Committee. Bv Associated Press. 'Norfolk, Va., Feb. 1. At a meeting of tbo board of directors of the Jamestown Exposition Company, the following were elected cn the execu tive committee: Alvah H. Martin, G. T. Shepherd, T. S. Scutfcgate, D .Lowenberg, T. J. Wcol, C. S. Sherwood, S. G. Cam ming, G. F. Adams, J. L. Patton, W. E. Cottrill, J. E. Cole, A. L. Powell, II. St. George Tucker, S. S. Nottinghma, Nrthaniel Bcaman, C. Brooks, John ston. Barton Myers, J. W. McCarnck, R. M. Hughes, W. H. Taylor, and J. Taylor Ellison. Want Mr. Asbury Re-Instated. An effort is being made on the part of enmn influential citizens to have farmer Policeman Asbury re-instated 'Large Number of Buildings w?re Destroyed and Many Damaged By Big Fire at Harrisburg, Pq. ROCK HILL NEWS. Meeting of Bethel Presbytery at Ches ter Personal Notes. Special to The News. Rock Hill, S. C, Feb. 1. Bethel Presbytery wi'l convene in Chester, Friday, Feb. S.th at 11 a. m. to de cide whether the call from the First church of Atlanta for his services shall be placed in the hands cf Dr. Lingla In case it is placed in his hands and he accepts to act upon his request to disclve the pastoral relationship exist ing between him and the Rock Hill churches and to dismiss him to the Atlanta Presbytery: There is a great deal of talk just now about a tourists 'hotel for Rock Hill. There is nothing that is so much needed hee, as we have only one hotel and that is unable to accommo date the crowds that are often here. Mrs. W. H. Frew will leave the first of the week for a visit of four months to friends in Georgia and Florida and Texas, she having a brother in the lat ter state. Her two daughters will live in the dormitory, at Winthrop un til she returns. BROWNSVILLE AGAIN. Resolution Commending President's Action is Tabled. By Associated Press Washington, Feb. 1. The sub-committee on military affairs of the com mittee of the House, by a strict par ty vote laid on the table the resolu tion of Representative Sims of Tennes see, commending the President for his action in discharging the colored sol diers engaged in "shooting up" Brown ville. . The motion to lay on the table was made by a Republican and carried by Republicans, he Democrats voting against the motion. Sims will now bring a resolution before the House on motion, to dis charge the military committee from further consideration and have the res olution considered by the House pro viding the Speaker will recognize him for that purpose. 24 BODIES RECOVERED. Number of Bodies Taken From Mine Vere Mutilated - Beyond Recogni tion. . By Associated Press. Charleston, W. Va., Feb. 1. Twenty four bodies, all muilated beyond recog nition, have been removed, from the Stuart mine at Oak Hill. E. P. Hippie A Suicide Brother of Man who Wrecked Philadelphia 1 rust Company andwYto Ended his Life, Suicided at his Home. By Associated Press. Philadelphia, Pa., Feb. 1. Edward P. Hippie, brother of the late Frank K. Hippie, who ended his life last sum mer after wrecking the Real Estate Trust Company of this city, of which he was president, committed suicide at his home here with, a revolver. Hippie was about 70 jrcars of age. The police have not yet learned the cause for the suicide. Dr. Reid Morrison leaves tonight lor Davidson College. Early This Morning Fire Broke Out in Center of Harrisburg's Business District, Causing a Loss of About $250,000. Eight Large Buildings Were Either Complete ly. Ruined or Greatly Damaged. 1 , No Fatal ities. By Associated Press. Harrisburg, Pa., Feb. 1 Eight build- ; ings in the centre of the business dis trict of Harrisburg were either, de stroyed or badly damaged by fire early this morning,-involving a loss estimat ed of $250,000. The Grand opera house block, in which there were five stores, was . de stroyed and nothing is standing but the walls. The Duncan building, on the oppo site street, occupied by three stores and a pool room, were also destroy ed. 1 The Park Hotel and Columbus Hotel were badly damaged by fire and water. The United Telephone Company building, the Security Trust building, the Bijou Theatre, Roshon's photo graph studio, College block, the Har risburg Gas Company's building and buildings occupied by the Harrisburg Cycle and Typewriter Company, Phil adelphia and Albany dentists and E. G. Hoover were damaged. The fire started from an explosion in a hat store in the opera house block at 2 o'clock, and within an hour the fire destroyed the playhouse and stores in the building and leaped across to West Side, Third street to Columbus Hotel and College block. Fife Under Control. The fire" was under control at 4:30 o'clock. Pittsburg, Pa., Feb. 1. A long dis tance telephone message from Harris burg, Pa., says a serious conflagration broke out in the rear of -the business district early this morning and many buildings were destroyed.- The origin of the fire is not known. It was discovered in the Grand opera house and this building, valued at $200,000, is entirely ruined. The firemen were unable to check the flames, and in a short time the; Park Hotel was burning. The Bijou Amusement Company,! Hanna's Drug Company, a cigar store j and several other business places werej quickly burned. At six the fire had spread to the Co- lumbus Hotel. . j As far as is known there are no fa talities, everybody in the hotels having had time to get out. ' Lighthouse Appropriation. By Associated Press. . 1 , Washington, D. C, February 1. Appropriations aggregating $1,640,000 nrp rjirriorl in tht hill fflvnrahlv rpnnrt. ed bv the Committee of Interstate and i Foreign Commerce for lighthouse es tablishment. The following are among the items in the bill: . Tender for Florida district, $200,000. Tender for New Orleans and Mobile district $60,000. A Real Estate Sale. The senate nas aireauy itjeticu me Mr. P. B. Hood sold today a house Georgia law and passed the less dras and lot on East Sixth street to W. H, tic bm so tnat the two Houses are Boyce. the consideration being $3,250. T,-Vot chnn The sale was made through J. E. Mur- at cross purposes on the bucket shop phy &. Co. A DASTARDLY CRIME. Drunken Man Opened Fire on His Em ployee, Killing Him Instantly. Special to The News. Marion, N. C-, Feb. 1. News has just been received here of one of the most unproved murders ever occurr ing in McDowell county. Jesse Burleson, a wealthy lumber man, who runs a large saw mill 20 miles from here, tanked up yesterday afternoon on liquor, and after the hands had quit work, armed himself with a long pistol, walked into a shan ty where one of his men, Natt Thomas, of Mitchell county, was, and opened fire on him, killing him instantly. Sheriff Marshburn has sen t . a large posse into the mountains in search of the slayer, but so far he has not been apprehended. Some of Burleson's friends think him temporarily insane. $118,800 FOR BUG HUNTING. House Gives More to Bureau of En tomology. . Washington, Feb. 1. The House completed the Agricultural Appropria tion bill after adopting sundry amend ments. By a vote of 75 to 136 the House increased the appropriation for the Bureau of Entomology from $75,000 to $118,800 In order that scientific investigations may be made of the white fly pest in Florida, the gypsy moth of Massachusetts, thrips that attack the cherry trees of California and the tobacco insect which de astates the dark tobaqco regions of Kentucky and Tennessee. The Diplomatic and .Consular Ap propriation bill was sent to confer ence, tho managers on the part of the House being Messrs. Cousins, of Iowa; C. B. Landis, of Indiana, and Howard, of Georgia. The Rivers and Harbors Appro priation bill, carrying $84,000,000 in l ound numbers, was taken up, v no t'me being agreed upon for the close cf general debate. Meeting of Farmers Tommorrow. An important meeting of Mecklen burg farmers will be held at the coun ty court house tonforrow morning at 11 o'clock at which time Messrs. W. S. Pharr and W. N. Peoples, delegates to the national convention at Birming ham will make their reports. An interesting feature of the meeting will be the address of President C. O. Moore of the North Carolina division who will outline to the local farmers the plans of the national association for the coming year. The meeting sh ild be largely attended. The Bucket Shop Fight Lower Branch of South Carolina Legislature Passes Georgia Law . Against Bucket Shops Senate Opposes. Special to The News Columbia, S. C, Feb. 1. The House of Representatives to-day passed 'the Georgia law against the bucket shop. A less dramatic bill was rejected, iand the House, without division, pass- led the Georgia law. ! fight. CASE OF DR. FOSTER Governor Writes Letter Instructing T. Putting into- Office The Hospita Officers Elected by Board. By Associated Press. Richmond, Va., Feb. 1. Governoi Swanson has written a letter to the Attorney General instructing Jlim to force the issue patting into office the officers of the Eastern Hospital f6r the Insane, elected by the board. This is due to the dead lock result ant from the circuit Judge Tyler's sec ond wtit sustaining Dr. Foster. The Governor said: "The time has arrived for the com monwealth to do all it can to end this matter, speedily." The Supreme Court of Appeals is sued a broadside injunction against Dr. Foster and Judge-Tyler which it is stated closes every avenue to the former. Dr. Foster In Charge. By Associated Press. Richmond, Va., Feb. 1. Doctor Fos ter, deposed by the general board as superintendent of the Eastern State Hoepital for the Insane, is still in charge with Dr. Brunk who has been named as successor' on the scene ac companied by Messrs. Bland and Cole of the special board appointed to in stall Dr. Frank, Dr. Foster remains in charge under the injunctions granted by Judge Tyler. Death of Mr. Constable's Father. Mr. T. M. Constable of this city re ceived a telephone message this morning annofmcing the death of his father, Mr. Henry B. Constable at Nor folk, Va. .The deceased was 80 years of age and had retired from business some years ago, being for a long time Secretary and Treasurer of the Howard Association. He is survived by three sons and three daughters. Mr. T. M. Constable leaves tonight for Norfolk to attend his father's funeral. Justice Bill Considered The House this Morning Passed the Bill on its Third Reading. A Few Amendments. Bill Re lating to Solicitors By Bell Telephone. Raleigh, N. C, Feb. 1. In the House this morning the Justice bill, extending and enlarging ' the powers cf the Corporation Commission, pass- ed its third reading. The bill came ! up today at noon as a special order.'! An amonrfmt wa nfpproH to thfi bill by Manning to make railroad ..r . . , . . r penalties tor aeiay in ireignt ue for the first day and one dollar a day after the first. The bill was sent to the Senate. Representative Dowd, of Mecklen burg, introduced a bill, out of order, to separate white and colore.d pas sengers -on street cars. In the Senate from his head, part of the gun wad A long discussion was heard in 1 later being found in Tramell's hair, the Senate this morning on the Webb j With the boy's gan Tramell then bill to pat solicitors on salary. The struck the elder Fore and knocked discussion passed its second reading unconscious and the boy ran after a discussion, lasting two hours, jaway. On objection it was carried over to , Tramell then coolly walked off and tomorrow informed persons at a near by store Sn amendment by McLain provides ! that they had better look after Fore salaries of $2,500 if the fees amount, Both of the Fores were arrested to that much and that no solicitor , and placed Jl last : aight . d ttjs shall receive more than the aggregate , morning were fined $100 or thirty cf the fees in his district. Also that aays on the chain-gang, the extreme fees ovS-$2,500 go to the school fund. ' limit the city council is allowed but Another amendment was adopted to 1 1 case will be carried to higher have the bill go into effect January, courts by Tramell. 1 Among the notable bills introduced I Je m the Senate was one by Graham, to , allow the Governor to employ, coun- sel for the commerce commission. By Nathan, to appoint a reforma tory commission and to - define its duties. This is along the line of the plan advocated in the Governor's message. A bill passed the Senate to prohibit omnloves and managers of dispen saries from . receiving gifts liquor houses, etc. from LOT DRAWING AT MONTREAT. Peopie From All Over the Southern States Were There. The drawing of lots at Montreat took place yesterday and attracted a great number of Presbyterians from all over the South. They begaj to roll in there four days beforehand un til the Montreat boarding houses and hotels were crowded. Among those in attendance from Charlotte are Mes srs. H. C. Dotger, J. F. Robertson, P. C. Gilchrist. Mrs. Anna Ney, of Philadel phi, who has friends in this city is also there. As many as 500 lots have been sold at $100 a lot, and the selec tion and apportionment of these yes terday drew the crowds to the moun tain resort, which bids fair to become the Southern Northfield. , It is under- gtood that the drawing was generally satisfactory. , - The charter committee will meet tonight in the council chamber at the city hall for the purpose of coming to ome definite agreement in resrard to i the propsed new city charter. Superintendent in Excel sior Mills of Union, S. C-vas Victim of Cow ardly Attack From Man and His Son. Wrested Guns From Both of his Assailants by Wonderful Display of Nerve a n a Strength, Girl Appealed to Him. Special to The News. Union, S. C, Feb. 1. A very sensa tional hold-up in which E. S- Tramell, nuperintendent of the spinning depart ment at the Excelsior Knitting Mills, v--as attacked by J. D. Fore, a Ne-h Caroluia mountaineer and his 17-year-old son, occurred in South Union last night, and as the outcome of this life 2nd death struggle alone in the dark, E. S. Tramell disarmed and over powered both his antagonists. It appears that Fore had been in the mill under the influence of liquor. During the afternoon he had insulted one of the female operatives, who appealed to Mr. Tramell, and when T-amell remonstrated with Fore, Fore drew a knife on him, but Tram ell managed to get a box betweer them and then knocked Fore down. He then ordered Fore to leave the mill, which he did vowing vengeanco on Tramell , He then returned to bis home where he armed himself and his son with shot guns and pre pared to waylay Tramell as he re turned home when the milj closed down. It seems that the son was reluct ant to do this, but he did as hia father commanded. Mr. Tramell having an intimation that Fore might give him trouble went home about dark, and somewhat sooner than usual,' and as he was rearing Fowler's store, he saw two figures in front of him, and a voice from one asked, "Is that you, Tram ell?" To which ho responded, "Yes." Immediately the elder Fore stepped forward and levelled the gun at 'framell's breast. As quick as a flash TFamell drew from his pocket a spinning roll, weighing about a half a pound, the only weapon ho had and threw that with great force at Fore, striking him in the forehead, and causing "him to lose the gun. Then Tramell jumped forward, caught the gun and shoved it between his s w&en one barrel discharged. Fore commanded his boy to shoot , and he placed the gun against Tram i rV.'a riVIp when with the other hand ell's side, when with the other hand Tramell seized the other gun and by a supreme test of strength broke the gun in too, and with the other hand pulled the other gun from be tween his legs and in attempting to point it forward, the other barrel was discharged, the load singeing jTramell's hair and blowing his hat J calmness have been much commented " JT.Vi Z " , on. It is not known now whether Fore will pay the fine or serve the sen tence, as it is understood that he has in West Asheville, some property consisting of a seven ana a half acre iot and a four-room house. Which ever he does, he will be immediately thereafter arrested as will also bia boy, as two warrants are now in the hands of the sheriff charging them with assault and battery with intent to kill, the penalty for which if con victed is from one to five years. $50;000 WALL ORDERED DOWN. Obstruction Adjacent to Park Drive, Rules New York Park Board. New York, Feb. 1. Because it is cn obstruction within the meaning of the ruling of the park department governing the property adjacent to Riverside drive, the city has asked Isaac L. Rice, owner of the villa at Eighty-ninth street and the drive, to remove .the $50,000 7-foct wall and terrace that surrounds his brick and marble mansion. Since 1903 the matter has been in abeyance, but within two weeks the case will be heard in the Supreme Court. Mr. Rice complains that Charles M. Schwab and Bishop Potter, neigh- bors, both have high iron fences which separate their grounds more effectually from the drive than does h;s lower marble and brick terrace. ! out suffer no interference.
The Charlotte Observer (Charlotte, N.C.)
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Feb. 1, 1907, edition 1
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