Newspapers / The Charlotte Observer (Charlotte, … / Feb. 5, 1907, edition 1 / Page 1
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HHTO if pfj 1 1 E3 :-" II EW THE ONLY EVENING ASSOCIATED PRESS NEWSPAPER IN CHARLOTTE. ESTABLISHED 1888 CHARLOTTE. N. C. TUESDAY EVENING. FEBRUARY 5. 1907. PRICE: 5 CENTS Fate of HarryThaw Aldermen Take Steps to Get Authority for An Issue of Bonds ests With Testimony Of Wife and Mother CHAELOTTE Defense Begins the Work of Forging Links in Chain of Circumstances Which they Claim Led to Insanity. Wife of Prisoner to Tell Things Heretofore Un known. Mother's Sac rifice for Her Son. The Hereditary Insanity. Associated Press. Xow York, Feb. 5. The defense in ti.t trial of Harry Thaw will begin lc forge the links in the chain of cicumstanees, which it is allegea c'!soriorcd his brain. The evidence promised to be in t: educed has added interest to the irk1!, and there is an impression that iJvclyu Thaw will tell half of which has not heretofore been publicly known. It is apparent that the de fendant depends upon his wife to turn the tide for them. The wife and mother are both expected to be early witnesses. It was reported several times that the elder Mrs. Thaw has been urged Lv persons of influence not to allow z plea of hereditary insanity to be entered in behalf of her son. The sacrifice of a social leader's pride to a mother's love is illustrated tv the fact that not only did she consent to the plea of insanity through heredity, but will actually take the stand to offer whatever testi mony is within her power. Dr. Wiley the First. Dr. Wiley, the family physician at Pittsburg, was the first witness for the defense. A Record Breaker. The defense of Harry Thaw was logun when Dr. Wiley, an alienist of I-ittsburg, took the stand and testified in his opinion that Thaw was in sane the night of the tragedy. Mr. Jerome put the witness through the most severe cross-amination ever heard in a New lork court room. He seemed to have every medical authority at his finger tips. During the examination of . Dr. Wiley, Thaw was taking notes and consulting Attorney Peabody. The defendant was paler and seemed much more composed. An Expert Testified. Dr. Wiley is connected with the Dix mont Insane Asylum. He related an incident in 19-05 when he said Thaw entered a street car on which was a pasenger. Thaw threw up a blind to the window, slammed it down, and threw it up again and quarreled with the conductor. The doctor said Thaw's manner was "defiant, vague, and his ejres flashed I from left to right." He said Thaw's actions were irra tional. Gleason formed a hypothetical ques tion and outlined Thaw's act of kill ing White and asked whetherythe wit ness could express an opinion of such an act committed by the person he saw in a Pittsburg street car. Replying that he could he was asked to express an opinion. "My opinion," said Dr. Wiley, "is that the man who committed the act described was suffering from insanity." Said He Was Insane. After a cross-examination by Je rorae, Wiley's opinion on Thaw's in sanity, based on hypothetical ques tions, covering the killing of White, were stricken out on motion of Je rome. The counsel fcr the defense objected hut Justice Fitzgerald said he thought it best to strike the matter out and go all over it again. Attorney Gleason then re-formed a hypothetical question, this time basing it on the law of insanity as laid down by the statutes of New York. Dr. Wiley then declared that he was competent to answer the question. "What is your opinion based cn the form of insanity, as laid down by the law of this state?" asked Gleason. '"The act was that of an insane nian." Ir. Jerome led the witness through a long series of questions dealing with aH manner of subjects and asking kis opinion as an expert. The District Attorney's purpose to break up as far a possible the doctor's influence with the jury was apparent. Rapid Fire Questions. Continuing the fcrcss-examination Mr. Jerome said: "Toil lis some of your conclusions from hypothetical questions." "The time, manner, and place chos en." "So," shouted Jerome, "you think tho Place was chosen for the crime, do yon?" "No. My argument is that it was not chosen." "I don't want your argument; keep it out of this. What is your opinion? "Was the place chosen?" "No." "Now as to the manner do you think that because this man, who with malice and hatred, he saw on the rocf garden, walked over to him and fred three bullets into his body, with a revolver held so close that the face uas burned by the powder do you think that act insanity?" "Yes." "Then the killing of any person in a jealous rage is a pure act of in sanity?" "Yes." Mr. Jerome took the witness over every incident of the night of the tra gedy and asked him if in each case ne thought Thaw's acts were those of an insane man. The witness final ly summed up his answers as fol lows: "Taken alone, they do not impress me so; but, taken together they do." "We have gone over the entire case," said Jerome, "now tell me, did you arrive at your opinion that he was insane from the facts of that night alone?" After a discussion as to the rela tive merits of opinions and impres fcions Dr. Wiley said the occurrence of the night of the tragedy had not wr oily convinced him. Asked if his decision at to the in sanity of the defendant was based entirely on the street car incident i nd occurrences in Madison Square Garden, Dr. Wiley answering said that it was. Mr. Jerome then carried the wit less through the various tests of alienists to discern brain trouble, the witness nodding his assent as an in d:'cation that he knew them all, in cluding the "Romberg test." "Describe the Romberg test," com manded Mr. Jerome. The witness said it was a test of the brain. "Oh, but that is not an explanation of the Romberg test. Do you know ii ?" "I do not exactly know it," adding tbat he may have used it that he might know test but not under the name of Romberg test. Mr. Jerome displayed the thorough ness with which he had studied medical authorities to fit himself for the Thaw case by leading the wit less through a chain of questions dealing with pathology, which at times seemed to thoroughly baffle the witness, who hesitated time and tgain and evaded direct answers. Dr. Wiley was still undergoing cross-examination when recess was taken until .2 o'clock. .--' .-.- Witness is Cornered. When Mr. Wiley resumed the stand after the recess Mr. Jerome asked who he had talked with during the recess. The witness seemed taken back. He said he talked with Glea son and others. When asked if he talked about the case the witness Continued on page 5 Worst Weather Of the Winter Fiercesnow Storm Szveeps New York, Massachu setts and Other States. Great Damage Done by Storm in Many Parts. By Associated Press. Chatham, Mass., February 5. A blinding- snow, driven by a gale of from 50 to 60 miles an hour, made this morning one of the wildest of the win ter on this coast. Waves Running High. Highland, Light, Mass., February 5. The worst snow of the winter prevailed, a gale ci GO miles an hour, and the thick snow, tieing up traffic on land and sea. The waves are run ning high. Considerable anxiety is felt for ship A Foot of Snow. Philadelphia, Pa., February 5. -A snow storm has developed into a bliz zard, the worst since February 1899. More than 12 inches of snow has fal len and a high wind is drifted it in places to a depth of four feet. 10 Inches of Snow New York, February 5. For more than 24 hours New York has been fast in the grip of a snow storm. Ten inches of snow has fallen in 24 hours. Vecsels Storm Bound. Norfolk, Va., Feb. 5. Many coast ing vessels are still storm bound here. The tug Hudson is trying to float the schooner Tena stranded near Ocean City, Md. COTTON MILL SOLD. Enterprise Cotton Mills Bid in by En dorsersPrice Paid Was $80,000, Special to The News. Kings Mountain, N. C, Feb. 5. The Enterprise Cotton Mills, of this place, were sold today by the receiver, and were bid in by W. A. Mauney for the endorsers. The price paid was $80,000. Detroit Free Press. A French mariner thinks advant age may be taken of the favorable -yinds at the edge of a cyclone for facilitating navigation. By means of observations with the barometer and e ther instruments he would ascertain the direction in which the storm is iroing and so shape the course of the chip that it would be carried along bv the sweep of the atmosphere without becoming involved in the dangerous center of the storm. " WELCOME! Immigration Bill Was Up Bill o f Represen tative Preston, Provides for Expenditure of $10,000 Annually for Attract ing Im m igrants. By Bell Telephone. Raleigh, N. C, February 5. The bill by W. C. Dowd, of Mecklenburg, to provide instruction in the public schools, as to the effect on the body, of alcoholic drinks and narcotics, was discussed in the House this afternoon and passed its readings with an amend ment, by McRae. : The amendment provides that the bill shall not apply to counties unless agreed to by the county board of education. The amend ment was agreed to by Mr. Dowd. The House discussed at length the bill, introduced by Preston, of Meck lenburg, authorizing the board of ag riculture to spend $10,000 annually towards attracting immigrants to the state. The bill was re-referred to the committee, along with a supplemen tary bill by Bickett. Mr. Bickett, in introducing his bill, expressed the belief that from the two bills' the committee would be able to formulate one which would pass the House. The chief objection to Mr. Preston's bill was that the entire funds expended must come from the board of agriculture, the farmers, instead of the general fund. A bill which stirred lengthy discus sion was proposed by Parsons, to equalize challenges, giving the state and the defendant an eciual number, in making out a jury. The bill was made a special order for Friday. Among the important bills introduc ed in the House, was one by Laughing house, to. empower boards of alder men in towns to elect successors to aldermen who move out of the wards they represent. By Winbourne, to reinstate a bill, providing pay for the judges who hold extra terms of court. By wood to make 46 pounds of meal a bushel. In The Senate. Notable bills introduced in the Sen ate was one by Burleson, to regulate charges and tolls for telephone com panies. By Burleson, to regulate Pullman fares in the State. By Burleson, to protect the lives of passengers on the railroads. By Breece, to allow married wom en, whose husbands are insane, to dis pose of property. A bill was passed to establish stand ard time throughout the state. The time proposed will be that of New York state. A bill, by Buxton, to prohibit the sale of toy pistols and cannon crack ers was discussed and re-ferred to the judiciary committee. A bill by Buxton, passed to validate marriages performed by unordained ministers. It was amended so as to apply from the date of the ceremony. ; He said he knew of ceremonies of this kind performed fifteen years ago. The amendment will include marriages no matter when the ceremony was per formed. N There was a lengthy discussion ov er the bill of Senator Mason, which is a substitute for the Daniel's bill, to amend sections 2632 and 2634 of the Revisal, relating to penalties for de lays in transporting freight. The substitute by . Mason practically re peals the penalties on the statute books. The bill was re-referred to the committee on railroads. District Deputy Grand Master Here. District Deputy Grand Master J. M. Burrage, of Concord, will attend the regular meeting of No. 9, I. O. O. F., tonight at the hall over the Merchants and Farmers Bank, and make an ad dress on that feature of the lodge work that comes nearer his observation. It is desired that a full attendance of the members should greet him. Mr. John M. Cochran will be head clerk at the Selwyn Hotel cigar stand. PATHETIC SCFNE IN JAIL Children of Condemned Murderer Visit Him in Cell A Double Hanging Overdose of Laudanum. Special to The News. Durham, Feo. 5. A pathetic scene was enacted in the county jail Sun day afternoon when the children of John. Hodges, the convicted wife-murderer greeted him for the last time. Hodges will be hanged almost on the anniversary of the murder which was committed in February, 1906. He is confident that every effort has been made to prolong his life and he seems anxious for the day to come. Services were held in the jail Sunday for his benefit and he was converted during the past few days. He is very cheer ful and ?.s numerous visitors daily, such as pastors and other interested people. Freeman Jones, the negro who will be hanged on the same scaffold, at the same hour. . is sad, but he also says that he is ready to die. He is convicted of burglary and attempt ed criminal assault on a white woman last fall. The double hanging will be the first ever in Durham county, and is attracting no little attention. The scaffold will be buit in the jail during the first of the week. There has been several hundred applications presented to the sheriff to see the hanging, but only a few will be ad mitted. L. H. Birdsong, a . resident of Dur ham, came near ending his life Sunday, fromi drinking a bottle of laudnaum. He is addicted to drink, and may have taken an overdose for other thaji sui cidal intent. At one time it looked as if it was hopless to save his life, but his condition was much better last night. He took the laudanum while in the city lockup, and was later car ried to the Watts hospital. PRIMARY ORDERED. For the Election of Auditor to Suc ceed Mr. Hughes. Special to The News. Greenville, S. C. Feb. 5. A pri mary for the election of auditor to fill the vacancy caused by the death of Auditor-elect Hughes, has been or dered for Feb. 26. It is understood there will be at least six candidates in the field. The death of Mr. Hughes was peculiarly sad. ne was an old Confederate soldier, and had been a hard-working man all his Lfe, fighting the battle of poverty, maimed and crippled, having lost a leg at Malvern Hill. Last fall he sought the auditor's office and was elected by a good majority, and it is thought by many people that the great joy of his success caused heart trouble, which resulted in his death. Land frauds Unearthed An Investigation ofLandl . i Locations in California Reveals Gigantic Land Frauds. Persons of Pro minence are Implicated. By Associated Press. San Francisco, Feb. 5. The Call says: "Acting under instructions from President Thomas Neurausen, the inspector of the Interior Depart ment, co-operating with State Miner alogist Aubury, has been investigat ing the land locations in California and has . unearthed gigantic frauds, which will be made the basis of criminal prosecutions. . The investigation which has been sweeping in its scope will involve me.n of wealth, influence and high social standing in California. About Investigation. It was admitted at the Interior De partment that Inspector Neuhausen is making an investigation in California but not along the lines indicated in tho San Francisco di?patch. Jurisdiction of Recorder Aldermen, After Heated Discussion, Ask Mayor and City Attorney to Draw a Measure En larging Officer's Power. The effort being made to increase the criminal jurisdiction of the Re corder of the city received further impetus last night when the Board of Aldermen adopted a resolution asking that Mayor S. S. McNinch and City Attorney Harris co-operate with Messrs. W. M. Long, chairman . of the board of county commissioners, and Burwell & Cansler, county at torneys, for. the purpose of drafting a bill to be presented to the State legislature with this end. in view.,1 Mi . J. H. Weddiicgton brought the matter before the board.. of county commissioners in session yesterday and the Board of Aldermen last right. The former, board adopted the resolution with little discussion; the latter was divided on the proposi tion which developed a heated dis cussion. In presenting the matter to the board, Mr. Weddington stated that he had been in favor ot such legislation for 15 years, having served for a con; siderable length of time on the board of county commissioners and while there its necessity was very appar ent to him. ' The purpose of the movement is . to economize in the city and county administrations, by reducing the ex pense of running the Superior Court and by increasing the income of the police department of the city which lias suffered under past legislation to the profit of the county. The fact that persons charged with petty of fenses can thus be saved- a long and costly sojourn in the county jail is no small consideration with those who advocate the measure. Under the ruling desired, it is ar giied that the right of appeal will not be taken from a defendant who feels that he does not receive just ice at the lower court; that a jury trial may be demanded by a prisoner if so desired, that a saving would be effected both to the defendant in the costs of carrying the case to the higher court, and also to the county in. conducting the case in the higher court. As the matter refers to the county, it , is argued that the expense of maintaining the county jail would be greatly reduced by lessening the number of prisoners sent up by mag istrates and the Recorder to await a coming term of Superior Court. At present there are 32 prisoners in the county jail which is costing the county 25 cents per day each, or $8, per day in totals. Were the Re corder given jurisdiction over many of these-cases, a large Item of ex pense would be saved the county. Chief Irwin , states that, of the num ber - sent up -from - the Recorder's court last year, a total of 553, -at least o:ie-half of them, could have been settled by the Recorder. This num ber represents the per cent of all arrests made during the year 1906 which was 2,291. In the saving which such legisla tion means to the city, It is argued that the cit would get the difference in the costs of cases at the Record er's court and that of the Superior court which would make a consider able item, the costs in the Recorders court now ranging from $3 to $6, and, n the Superior coun, irom $xo tu $30, according to tne nature or tne offense. Under. the present constitu tion the net proceeds of all fines, penalties and forfeitures from the city court go to the county school fund. Last year out of a total of $6,897.30 collected at the police sta tion, $2,686.60 went to the general county school fund, notwithstanding Continued on page Z WANTS AMERICAN RIGHTS. Did Not Like to- Enter Saloon by Rear Doors Brownsville Affair Up. By .Associated Press. Washington, Feb. 5. In a hearing before the Senate committee on mil itary affairs on the Brownsville affair former Sergeant Harris, when ques tioned by Senator Warner, said an account of feeling engendered against Ibe soldiers he decided not to re enlist, . and was expecting trouble, because of the prejudice against the race. Senator Overman asked, "Would other men have trouble if they had behaved themselves as you did?" "j do not know," he replied. He said the men complained be cause they were obliged to enter saloons by rear doors, and said he wanted the "American right of go ing where he pleased." REMOVAL OF OFFICERS. Governor Issues Order to Directors of State Disoensary May Be Remov ed. Special to The News. Columbia, S. C, Feb. 5. Governor Ansel to-day issued an order to the directors of the state dispensary to show cause why they shold not be re moved from office, in accordance with the recent resolution of the General Assembly. The order is returnable Friday at noon. The three directors, J. M. Raw- linson, John Black and J. B. Wylie are charged with overstocking the state dispensary. Society. Elects Officers. By Associated Press. St. Louis, Mo., Feb 5. The Amer ican Ceramics Society elected the fol lowing officers: President, J. R. Cope land, of Birmingham; vice president, Wm. Conway, of Philadelphia; secreta ry, T. A. Randall of Indianapolis; treasurer, J. W. Sibley, of Birming ham. The Name In Gilt. The name of "American Trust Com pany," in neat gilt letters has taken the place of "Southern States Trust Company" on the latter's windows in the Trust Building. The change of name was recently authorized by the legislature. Mrs. M. D. Hardin and Miss Mag gie Rankin returned from Montreat. Mrs. Hardin's father, Hon. Adlai f-tevenson, who is now at Montreat, will visit his daughter here soon. To Take Census Of The City Mayor McNinch will Ap point a Score of Men at Once to Rush Work of Counting Greater Char lotte's Population. Mayor S. S. McNinch will secure the services of about twenty-five citi zens to -id him in taking the census of the city within the next four or five days. The necessity for making haste in this work is apparent when it is remembered that the figures must come before the legislature be fore the city charter is revised. The work will be divided so that there will be eight divisions or as signments for the men whose servi ces will be secured. Every effort will be made to push the matter as rapidly as possible, and yet do the work thoroughly. The task is not small and the men who volunteer to carry it to completion will be remu nerated for their services. The outlying suburbs, which the extended limits will include, will be placed in the hands of men acquaint ed with the several sections so that the work can be done with as much ease as possible. DEATH OF MRS. A. D. TUCKER. She Was Miss Eva Brice of Charlotte, Her Old Home. Mr. John G. Brice this morning re ceived the sorrowful information by wire that his .siter, Mrs. Eva Brice Tucker, died at the old home of her husband, at Berryhill, Clark coun ty, Va., this morning at 8 o'clock. Mrs. Tucker had been ill for some time. She had a host of friends in Charlotte where she was born and where she spent the happy days of her childhood and her youth. Se married Dr. A. D. Tucker, a well known and successful physician of New York city. Mrs. Tucker is survived by her mother, Mrs. J. C. Brice, of thi3 city, and by her brother, Mr. John G. Brice, nnd sistprR. Miss .Tnlia. Rric.p. and Mrs j R Flagg of New York city. The in- terment will be at Berryhill, the old family homestead of the Tucker fam ily. Mr. Bigham to Speak. J. N. Bigham will address the farm ers at Trinity Academy Friday evening at 3 o'clock, and will also speak to the farmers at Derita the same evening at 8 o'clock. All the farmers are ask- ea to aitenu mese meetings. The Purpose of Their Re solution is fo Cover a Floating Indebtedness of the City for About SI 75,000. The Mayor and City At torney Instructed to Draw up a Bill for En larging Jurisdiction of Recorder. Adopting a resolution to get author ity to issue bonds of $175,000 to cover the floating indebtedness of the city, instructing the Mayor and City Attor ney Harris to attend to the matter of drawing up a bill looking to increas ing the present criminal jurisdiction of the Recorder, refusing to give Mr. Earnest Moore pay for feeding con demned cows from June 27th to the present, and the amending of the milk ordinance was the work of the Board of Aldermen in session last night in the council chamber at the City Hall. At the suggestion of Mayor S. S. McNinch, a resolution was offered asking the State legislature to author ize the issuance of $175,000 bonds for the purpose of covering a debt of the present administration. Of the debt of $175,000, $97,000 belongs to the water department and the remainder of $78,000 is the deficit of the city ad ministration. This action was taken after Mayor McNinch read a letter addressed to the board, showing the amount of the floating debt of the city, explaining that such a deficit was due to the fact that the city's Income is only about $83,000, and the yearly outlay approximately $135,000 and that pre vious administrations had been con fronted with the same problem of financing the city when such a vast difference existed between the re ceipts and the disbursements and when 65 per cent of the taxes used for build ing the roads of the county comes from the city and even a much larger per centage goes to the township roads. His letter in full follows:" The Mayor's Letter. To the Gentlemen of the Board of Aldermen of Charlotte: There has been furnished to the water department during this admin istration the following sums: Interest advanced to July 1, for six months on water bonds $10,375.00 Interest on same to Feb, '07. . 985.62 Interest advanced Jan. 1, '06 6 months on water bonds 10,375.00 Interest on same to Feb 1. '07 674.37 Interest advanced Jan. 1, '07 6 months on water bonds 10,375.00 Interest on same to Feb. 1, '07 51.87 Loan made for water depart ment 35,000.00 Interest on same, paid by city proper 1,717.91 Total $69,554.77 Prior to this administration there was advanced to the water department for inter est unpaid by it $24,884.00 Interest on same to Jan,. 1905 to Jan. 1, 1907 3,110.50 Total of $97,549.27 The sum should be funded in the city bonds at 4 1-2 per cent. In ad dition to this need for water depart ment, amounting to approximately $97,000, it Is necessary to issue bonds for the city proper in the additional sum of $78,000. As stated in my recent letter re ferring to the one-sided tax conditions existent with regard to our municipal ity, the real deficit would have been $50,000 per year, but including all the money advanced during this and the former administration to the water department it is not necessary to ask for so large a sum for the municipality proper. I sincerely hope all possible pressure may be brought to bear on our Senator and Represen tatives to relieve us of the unreason able tax which has been so long and patiently borne by our citizens for building roads in the township and the county. We have- been doing for others what we have been unable to do for our own selves, and have been forced to make debts and continuously, while the county and township have been able to avoid these undesirable conditions and enjoy many benefits which to our own citizens have been impossible. In justice to the water department the commissioners feel that the city should bear some part of their obli gations because that department fur nishes water for fire protection, street sprinkling, flushing sewers, etc. Some different methods of financing this department, however, should be provided, because the water depart ment will continue to have a deficit on Interest payments for four or five years more. The net profits will not now pay the interest on total invest ments, to say nothing of betterments and extensions for the new city, which Continued on page 2
The Charlotte Observer (Charlotte, N.C.)
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Feb. 5, 1907, edition 1
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