The News Ha si the" Largest Circulation of, Any "After noonlPaper Published!! in' tK Two Caroiinas TITP "f TEN PAGES. S TEN PAGES 3 . FOUR O'CLOCK EDITION FOUR O'CLOCK EDITION 7 $&&&4&& 4&&GQ&&&4S' THE ONLY EVENING ASSOCIATED PRESS NEWSPAPER IN CHARLOTTE. ESTABLISHED 18S8. CHARLOTTE, N. C, MONDAY fcVfcNiNU NOVEMBER 15, I90e PRICE 5 CENTS nienc i3 vDieme Court Pronoun ctv Jfl Sentence Upon Dafendents in Famous Contempt Cases, Grow ing Out of Lynching. Three Men Given 60 Davs Far Pariicipa tion in Lynching Second Sen tence oj Its Kind on Re cord. r A:-ociate,l Press. Washington, D. C, Nov. 13.Sheriff - .:;.) was sentenced to 90 clays for ait nipt cf court by the United States re me court. Williams and Nolan were sentenced v :'' days, and Gibson, Padgett and . ' . : to CO days for contempt. (.".lief Justice Fuller, who pronounc ; the sentence, designated the Uni : States jail in the District of Co lumbia as the place of imprisonment. Attorneys for the prisoners before :":a bar, asked on account of difference in climate, that the Federal prison in Atlanta, Ga., be substituted for the iiuuict jail. Attorney General Wick t rsham objected, saying the Atlanta ;-.riscn was for long term prisoners, that the local jail was much more .-aited for ' the present purpose. The court took the request under advisement and asked the Marshal of the court to retain the prisoners in his custody for the time being. Full Story of the Case. Washington, D. C, Nov. 15. -This was the second time in the history of the supreme court of the United States that that august body had im posed a sentence upon citizens, held u '.ilty of disregarding its mandates. Tla previous occasion was in another ;,y. .ration. Heading the little group of six men, :' :r.d guilty of contempt, as they took places before the black-robed jus ;: was Captin Joseph H. Shipp, the sheriff in Chattanooga, Tenn.. when ; - offended the court. His tall, -t.aight figure, his seamed face and his gray-streaked beard, told of his a nig service in the Confederacy. Bowed aown under his 76 years, J-r; -finnan Gibson, the jailor, stood with hi:.:. With bedimmed eyes he looked vara; the long white locks of the cihef j art ice, himself 76 years of age, who vr.-Ai soon pronounce sentence upon perhaps send him to prison. He ::n.-i ('apt. Shipp had been found guilty f failing to protect a negro, waiting m he hanged on a charge of a heinous -rime against a white woman, after M;:- supreme court of the United States "r.M stayed his execution. Luther Williams, Nick Nolan, Henry Pnieett and William Mayes, residents if Chatianooga, found guilty of partici pation in the lynching of Ed Johnson ; ;nned the rest of the group. Eefore t li'-m all sat the officials of the de "artment of justice. Around about in the little court room, were i;- attorneys and other lawyers; Continued on Page Four. Another Step In Gompers Contempt Case Vy Associated Press. Washington, D. C, Nov. 15 Appli i.ni for a stay of the issuance of tli- mandate until January 2nd, next, ' as made in the district court of ap- f ids by counsel for Samuel Gompers, M.hn Mitchell, and Frank Morrison, la!, or leaders, whose jail sentences for attempt of court were recently affirm ed. The application was taken under ad visement. Postponement is desired af-cause of the absence of Alton D. Parker, of New York, counsel for the labor men. Thanksgiving Proclamation. r.v Associated Press. Washingon, D. C, Nov. 15.-Thurs-aay, November 25th, was offiically pro- luimed by President Taft as Thanks giving Day. The president's proclama tion was issued, as usual, from the tsate department, where it received the ( facial seal of the Uinted States. Ninet Two Men Charged With Complicity In The Coble Murder Social to The News. ' nefmt qheriffs served additional war- Greensboro. N. C, Nov. 15 Uepu.ty bheri is mm ii.nts. charging complicity in the murder cf Simpson Coble, on Holt and John Amick last night. . ... Amick was brought here this morning and Ped njau mery Holt is already in jail, on the charge of yKr Dan v b rc the murder was committed, and for which Coble s tatt lev l,le. and brother-in-law, Hiram JSlliott, are already in Dan auong criminating evidence. , . n ,,., lpf the set- The warrant for Robert Holt was cot served as he had left tne t Umen t 20 miles from here, when tne officers arnvea. ed . To iy Days tO JAIL IN CARRIAGE. 4 Six to The News. '.."'a, qtcn, Nov. 15. C vv. Cap- O tain b Ce- sheriff of Chatta s five compatriots sentenced to jail O nooga a. have just by the Unu.d States Supreme -O Court. Captain Shipp was sen- $ tenced for ninety days and his & compatriots for sixty days. fc O Their friends are busy making arrangements for their comfort O and special care and are con- veying them to the jail in car- riages instead of prison vans. J. S. CARR. 9 Death Of Capt. Moore By Associated Press. Culpepper, Va., Nov. 15. Captain James Moore, 67 years of age, claim agent of the Southern railway, prom inent Confederate veteran, died sud denly yesterday of apoplexy. He was one of- the railway's oldest employes and was known all over the system. He resided at at Orange, Va. Two Weeks Strike Planned By Associated Press. Toronto, Can., Nov. 15. Samuel Gompers, the labor leader, declines to discuss the action of the Philadelphia labor unions, favoring a two-weeKs' strike throughout the country as a protest against the jail sentences im posed upon Gompers, Mitchell and Mor rison. Vice-President Mitchell, of the Fed eration sp'd he did not believe such a strike ;ould be favored by the delegates. Employers' Liability Act Constitutional By Associated Press. Washington, D. C, Nov. 15. The em ployers' liability law of 1906 was de clared to be constitutional in territo ries of the United States and the Dis trict of Columbia by the supreme court of the Uinted States, despite the fact that a year ago the law was declared unconstitutional when applied to the states. The question arose in a suit for dam ages for death of an employe named Guiterez on the El Paso and North western railroad in Mexico. First Visit to England. By Associated Press. London, Nov. 16. King Manuel, who is paying his first visit to England since his ascension to the throne of Portugal, arrived aboard the royal yacht. He was met by the Princess of Wales and welcomed by an imposing naval display. He proceeded at once to Windsor where he met the king and queen. LABOB HI B STEEL TRUST S By Associated Press. Toronto, Nov. 15. The American Federation of Labor's committee on organizations reported in favor of the organization of Federal Unions among farm employes, to be chartered under the Federation of Labor. The convention adopted with a thun derous chorus of "Yaes," the resolution declaring the United States Steel Cor poration the "Most aggressive and formidable enemv" to organized labor and the labor movement." Steps were taken to make the Fed eration's fight against corporations the more effective. Mr. and Mrs. D. H. Shields, of Lin colnton, are in the city today, stopping as gues'ts at the Stonewall. S EH E 111 -ML That Any of The Number Are Alive Before 'Night jail hate of Miners Buried 400 feet Under Ground Will Be Ascertained -Ope Thou sand Children Orphaned Little Food Remains in Town And Fearful Sit uaiion is Anticipated When Bun get is Felt A Full StnV: By Associated Press. Cherry, lib, Nov. 15. Before night fall it seems probable that the fate of 300 men entomoed in the St. Paul mine will be ascertained. At 6 o'clock this morning a force of 50 men began the work of opening the seal of the hoisting shaft of the mine. When' opened the descent of the res cue party in a barge will be made to the third vein, where, if alive, the men, now 400 feet beneath the surface, are waiting. Late last night the air shaft was her metically sealed. From the time the descent to the second vein was made fty the men in buckets a force of laborers have work ed, covering the entrance with heavy plank and sand. All night, anxious men and women surrounded the openings to the mine. It is thought it is improbable any of them iners are living down in the subterranean channel. Yesterday's attempt to send men to the bottom proved futile because they could not reach a foothold at the en trance of the galleries when the seal of the hoisting shaft was opened. The descent in the cage is to be made under the direction of Mine In spector Taylor. At present there is no destitution. The suspense of women, whose sons, husbands and fathers are buried in the earth wac more in evidence than their physical wants. J, A party of Chicago nurses arrived and turned into comforters for fami lies probably bereft. ONE THOUSAND ORPHANS. There are i,000 orphans today in Cherry. There is probable need of large quantities of food for the hungry. Dr. Howe, in charge of the relief work,' asserted: "Those poor women and children will begin to face hun ger soon and then the situation will be terrible. Even now there is little food in the town. Stores have about sold out their stocks." The Knights of Pythias lodge had a membership of 75 last week; now only c-ix members are left, the rest are in the ill-fated mine, dea,d or dying. MINE STILL ON FIRE. The cage made the trip to the third vein. Only caps and lanterns were brought back. Several of the rescuing party returned from the second vein at 9:30 and brought the report that the mine was caving in several places. The mine is still on'fire. TOO OFTEN THE VICTOR! It is now known that 300 miners are on the inside. None of the miners were near the landing. It is yet impossible to make explor ation more than a few feet beyond the shaft entrance. Cherry, 111., Nov. 15. President Lewis, of the Mine Workers, advised the local union that $5,000 contributed by the national body be placed to the disposal oc widefws and orphans of mine victims. That there is not one man of the hundred entombed alive is the opinion of those on the scene. Men equipped with oxygen helmets and other paraphernalia used in mine rescue work came out declaring the mine was stil afire and caving in. Their equipment was useless in the smoke and gas-choked chambers. Three descents of rescuers have thus far been ma'e. There is frantic protests of relatives against the state commission's order to seal up the mine entrances. The action was explained sas the only means of ending the fire and affording escape. Experts discovered that the fire was stil! burning in the mine. After the f2n started the smoke be gan to pour from the main shaft. Mine inspectors are now playing on the fire at the bottom cf the shaft with hose, and have ordered the air shaft closed to shut off further circulation. Dead Child Found 8ody of Infant Unearthec by Dogs in Groveion Identification Iwpos s i ble and Coroner Orders irReburied, The badly decomposed body of an infant was unearthed this morning on the side of a branch in Groveton, about 100 yards from the public road, by the dogs of Monroe Montgomery, who was hunting at the time. It appeared that the body had been placed about six inches beneath the surface of the earth but it was so adly decomposed, having heen buried undoubtedly for some time, that identification was. impossi ble, and an examination by the county physician could not reveal the fact whether the child was white or black. The police department was notified of the find and Sergeant Pitts and Pa- JtrcLman Gardner accompanied by Cor oner Gresham, went to the scene and brought the body to Cole's undertak ing establishment where it was exam ined by the county physician. The body" appeared to be that cf a well developed infant though 6n account of the advanced state of decomposition, it was impossible to tell whether it had liver after birth. Nothing could be learned concern ing the identity cf the child's mother, and the coroner did not deem it nec essary, under the circumstances, to hold an inquest, and it was ordered that the body be re-buried. Board Hears Road Matter Mr. J. R. Hutchison Ap pears to Commissioners Matter Carried to the Superior Court by Con sent The board of county commissioners held an adjourned meeting to-day for the purpose of considering an appeal made to the board by Mr. Jos. R. Hutchison, of Long Creek, who made exception to an order made sometime ago by the board of supervisors of Long Creek township which, on the pe tition of Mr. C. E. Rwtledge, ordered that a cartway be laid off over the remises of Mr. Hutchison in order to give the petitioner an outlet to the Statesville public road. In accordance with the orders of the board of supervisors a jury of five men Was summoned and met on April 21 and uroceeded to lay off the cart way, assessing the amount of dam-'; ages at $20. Mr. Hutchison excepted to the action of the jurors and also to the amount of damages assessed as being inadequate. The matter has assumed a great deal of importance to that section of the county and a large number of wit nesses were present to-day in order to give testimony before the board. The jurv which laid off the road was also present, but the case was not gone into hv tho rnmmissioners as both the pe titioner and the respondent agreed to have the matter go direct to the su perior court, and the attorneys in the case were instructed to draw an order to that effect, the board to confirm the order cf the supervisors and the mat ter to go up by consent of both sides and without prejudice. Mr. Hutchison was represented by Attorney F. M. Shannonhouse while Col. F. I. Os borne appeared for Mr. Rutledge. Judge Armistead Burwell was present to advise the board. The order to lay off the cartway over Mr. Hutchison's land was made by the board of supervisors several mnnths a?n. nnd since then the matter Jhas been in contention, Mr. Hutchison I thinking that such a road was not nec Jessary and that it would greatly lower the value of his land ana otnerwise in convenience him. The jury which met and laid off the petitioned cartway was composed of Messrs. Wm. H. Martin, Samuel J. Keisler, Robt. S. McClure, J. M. Gray and John M. Carr. They assessed the amount of damages to the land of Mr. Hutchison at $20, and the respondent alleges that the amount of damages, if the road is made, will be much greater than this. The cartway which the jury laid off extends from the Statesville road through the land of Mr. Hutchison to Mr. Rutledge's line near his residence. Mr. Hutchison excepted to the order of the board as well as to the action of the jury in laying off the road, and the amount of damages assessed, and employed counsel to defend his inter ests. An appeal was taken to the board of county commissioners and the matter was finally set to be heard to-day, but as it seemed probable that it would be carried to court, anywaj, it was decided by both parties to carry fiie matter un by consent and without prejudice. This also met the approval of the board and the matter will ac cordingly be heard in the superior court. Death Resulted From Injuries Sustained Walking in Sleep Special to The News. " ' Durham, Nov. 15. The 10 o'clock train this morning brought from Timmonsville, South Carolina, the remains of Mr. Thomas J. Crews, who died there suddenly yesterday morning. Death was caused by an injury sustained in walking out of a room while he was asleep and falling. He had kept up his active work and was at his regular employment the day before. His death was a com plete shock to Durham friends. Mr. Crews was near his seventieth ,j'ear and had spent his liie in the tobacco business, being on the Timmonsville market as buyer lor the American Tobacco Company. Prior to going there, he had manufac tured it here, had raised it extensively in Granville, had handled it upon a ?arge scale in avannah, Georgia and had been a recognized au thority upon the subject many years. He went upon the Timmonsville market about October of last year. Until that time, he had lived in Durham and he was known personally to almast every man here. He married nearly forty years ago, Miss Cecilia Snead, a daugh ter of Judge Snead of Augusta, Georgia and six children, Ave of them daughters and one son, survive. The funeral services were held this morning from Memorial churcn at 10:30. The remains were escorted stiaight Trom the train to that cnurcii and from there the interment was made in Maplewood cemetery. All ot the children were in attendance upon the sad ceremony. Student Body of The University Mourns h o s s Of Christian By Associated Press. Richmond, Va., Nov. 15.Sympathetic sorrow pervades this city for the mother and family of Archer Christian, the 18-year-old halfback of the Uni versity of Virginia football team, who, during the game at Washington Sat urday between the Varsity and Georgetown University, was fatally injur ed in a ma3s play during the last five minutes of the game. Deep gloom was cast over Charlottesville, the student body feeling keenly the loss of the brilliant player, who contributed much to the success of the team on the gridiron this year. Representatives of both universities are here to attend the funeral at St. Pauls Episcopal church tomorrowmorning. Mr. Christian's fellow students are pallbearers. The burial will be at Hollywood cemetery. Negro Confessed To Assaulting Six Year Old G i r I By Associated Press. Staunton, Va., Nov. 15. A true bill was found by the special grand jury against Clifton Becken ridge, the negro charged with repeated assaults on the six year old grand-daughter of G. A. Hutcheson, county jail keeper. The negro narrowly escaped lynching at the hands of an infuriated mob FrTilay night. -- Judge Holt will hold a special term of court for the trial of Beekenridge, who confessed the crime. Blockader Is Captured Officers Raid Heme oj James Pratt on The Catawba River And Capture Complete Ouffit Defendant in Jail. Deputy Sheriff E. O. Johnson and a posse componsed of Chief T. M. Christenhury, Messrs. W. C. Wingate, N. A. Cathey, and W. J. Patterson, of Mount Holly, in the early hours of this morning captured a full blockad ing outfit at the home of James Pratt on the Catawba river this side of Mount Holly and about 12 miles from Charlotte, Pratt being arrested and brought to Charlotte where he was committed to jail by U. S. Commis sioner J. W. Cobb in default of $500 bond, the trial being set for Wendnes day of this week. The defendant lived on the Andy Hoover farm", and it appeared that he was well prepared for the .business with which the warrant charges him with having engaged in. It seems that the plant, which was not in operation at the time of the warrant, was op erated in the house, it being so ar ranged that the smoke could go up the chimney. The Kvorm was found in position beside the fireplace, and the end from which the whiskey dropp ed was stuck through a hole in the floor, ajug being stationed underneath the house to catc hthe liquid. For the still a large iron pot was used, while a tub served the purposes of a cap. Aobut 10 gallons of beer was captured, and between four and five bushels of corn malt. The appearance of the "mash" indicated that the opera tor would have been ready to make a run about the latter part of the week. The pot which served as the still was found hid down in one corner of the yard while some of the articles were found up stairs stowed a quan tity of cotton. About two gallons of corn whiskey was captured, and, together with the other articles of the outfit,' were brought to the city and are being held at the court house. The preliminary trial of the defend ant will be held Wednesday morning at 10 o'clock, before Commisisoner Cobb. Real Estate Deals. Louis Rosenbaum to Mary J. Ros enbaum, a tract on the Dowd road, the consideration being S420. Lottie Brown Talbirt to C. B. Wil helm, 10 acres, for $150. A. G. Brenizer to Thos. L. Warwick for $1,642, a lot on Kenilworth ave nue. Mrs. Howerton, of this city, is visit ing her son, Ret Dr. J. R. Howerton at Lexington, Va. mm i web pi By Associated Press. 'Toronto, Ont., Nov. 15.The attack upon the saloon traffic at yesterday's big temperance meeting by Vice-President Mitchell and Treasurer Lennon, of the American Federation of Labor, and President Lewis, of the United Mine Workers, stirred up a lively dis cussion among the delegates attend ing the Federation convention. It arouse the representatives of the Brewery Workers Union, bar tend ers and cigar makers, indicating that the issue w-ill be brought up on the floor of the convention. Circulars were issued caricaturing the prohibition movement, declaring the Workingmen's Total Abstinence Union was "the most needed organiza tion in the interest of quack theolo gians." These were scattered about the convention hall. EXECUTIVE BOARD MEETS. Friends Hope that CTiarges Against Sargeant Orr Will Prove Ground less. The executive board meets at 4 o'clock this afternoon to consider further the matter taken up Saturday relative to the charges against desk sergeant, Walter Orr, and final action will probably be taken. Sergeant Orr has made an excellent officer and has many friends in the city who hope that there is no foundation for the charges and that there will be nothing to interfere with his continued ser vices as desk sergeant. Trial of Haskell. By Associated Press. Chickasha, Okla., Nov. 15. Govern or Charles N. Haskell and five other Oklahomans, were ordered to appear for trial Saturday following the action of Federal Judge Marshal overruling the demurrer filed by Haskell and others to indictments charging him with fraudulently securing from the government title to a large number of town lots in Muskogee, Oklahoma. Amendment to Anti-Trust Laws. Washington, Nov. 15. President Taft in a few days is to begin consid eration of an amendment to the inter state commerce law and anti-trust laws which he will recommend to con gress in the forthcoming message. Mr. Taft will call into council Attorney General Wickersham, Chairman Knapp of the commission, Senator Elkins and other senators and representatives. President Hill, of the Great North ern Railroad, and President Brown of the New York Central were among the president's callers.

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