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CHARLOTTE, N. C, MONDAY fcVfcNiNU NOVEMBER 15, I90e
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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.