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dv- "VOL. XXXVII 2039. Y WILMINGTON NV C. JANUARY 2 1904. 01.00 PER TEAR mm IS RELEASED Mayor Harrison Has No Connection With the Fire Disaster . WAS NOT LIABLE Judge Tuthlll Declares That the "Coroner's Jury Put an Unjust SUgma on the Mayor, "Who Had Failed In no Particular The Pres- tdent Could as Logically be ncld for the Destruction of a Building Where Loss of Life Occurred at Annapolis or West Point. Chicago, January 27. Mayor Carter H. Harrison was today ordered by Judge Richard S. Tuth-Il to be immedi ately discharged from custody in con nection with any responsiblity for the wholesale loss of life in the Iroquois theatre fire. The Judge declared that" the mayor was in no way whatever guilty or l.a ble, and that the coroner's jury ia or dering Mayor Harrison he d to tha grand Jury had put an unjust stigma upon the mayor, who hid failed In no particular whatever either in omission or commission. Mayor Harrison was i cleared on . writ of habeas corpus which was su;d out before Judge Tuthill, after the may or had surrendered himself to the cus tody of the sheriff. In delivering his opinion. Judge Tut hill said: "I have gone over th: testimony of Fire 'Marshal 'Musham and B-ilding Commissioner 'Williams and the mayor particularly, and I can say without qualification or hesitation, that I find not one word in the evidence, so f.r as I have examined it, whloh tends even remotely in my judgment, to snow tr,e mayor had any knowledge cf this mat ter or that he was in any respect neg ligent of any duty imposed upon him by the laws or Iby the rules that com monly apply to persons who are respon sible for the safety of ethers. "It seems to me it would bi cust as logical to say that because tnere should be a destruction of a building at Wesc Point or Annapolis, by fire, and 'lives should be lost there, to say that iha President of the United 3tates should be held over by a. coroner's jury to an swer for an indictment by a grand jury for criminal complicity. "Now the mayor of the city occupies relatively the same position that ihe governor does, and that the president coes. It seems to me that It is a very great wrong to place upon the mayor of the .city this undeserved stigma without any basis in th law or in the facts." MURDER AT MONROE H. M. Eubanks Fatally Shot J. E. Wlthelm us Result of Long Stand ing Troubfe. Charlotte, N. C. January 27. J. E. Witheim. former propietor of the Mon ioo Hotel, was shot fatally by II. M. fEubanks, in the latter's store at Mon roe, N. C-, teday. The altercation which resulted in the shooting was the culmination of long standing trouble between the men. Eubanks shot With eim four times. The victim died in half an hour. Eu banks wj3 married . last Suaday. Harry Vann Fatally Injured While Hunting. a (Special to The Messenger.) Raleigh, N. C., January 27. Harry Vann, the eighteen year old son of Rev. Dr. R. T. Vann, President of the Baptist Female TJnivermy here, was perhaps fatally injured this afternon while hunting near Wake Forest. He was brought to a hospital here tonight. His 6hot gun accidentally, discharged, the load tearing away Tils chin DEATH LIST AT Pittsbur. Pa.. January 27. Three Iays have elapsed since the terrible catastrophe at the Harwick mine of the Allegheny Coal Company and to night at midnight, 71 bodies have been recovered and brought to the jsurface. Only eighteen of these have been identified. The day has been one of horror in the little village of the hill above the pit-mouth, but even while the blackened bodies were brought from the tOD of the shaft and taken on sleds to the school ; house on the hill above, where thej undertakers were ready to receive j them, there seemed to prevail In the ? community as a clutch that repressed j their natural feeling3 of passionate anxiety and sorrow, the grim reallza-; tion that there is still much work to be done before the full extent of the catastrophe has been realized. The Allegheny Coal Company to- rnlght in an official' statement posi- " DOPE" FIEIID IS MURDERER IIAIUtY BEHR CHARGED WTH KILLING MISS SCHAEFER, Since the Day of the Murder Behr nas Been Staying at a Negro's House Smoking Opium Suspicions That Point to Him. Louisville, Ky.. January 27. With hi clothing in several places clotted with blood and his . face badly scratched. Harry Behr wasToday taken into cus tody as a suspect in connection with the murder of Miss Sarah Schafer, at Bedford, ind.. on the night of Jan uary 21st- Chief of Detectives -Sullivan and De tective Maher arrested Behr at the homeof Roger JSVhlte. a negrowiih with whom he has been -ooarding sine- the day following the murder. The grounds siven for, Behr's arrest sr slated as follows: Behr was met by the negro Whlta on Friday morning on January 22nd, the day folowing the murder. Behr was coming from the Louisville dock of the ferry line running to Jefferson ville. Ind. Bedford is 75 miles from Louisville. Behr after his arrest told an uncertain and disconnected story to account for his whereabouts at ths time of the murder and in explanation of wounds on hte face. Some portions of his story are contradicted by his mother who lives In Memphis and other statements by Mrs. Behr fall to fully substantiate details as to time. According to the story of the negro White, Behr asked for permission to board with him and smoke a little dope. White assented, and Behr went to the negro's home where he remain ed until his arrest, going out but twic? for brief intervals. Two . days ago Behr produced newspapers contalnlag accounts of the Schaefer murder and asked Lizzie White to read to him the story of the murder. He was smoking onium frequently and was twice heard to say that had a woman's blood on his clothing. This morning Behr awoke from a stupor induced by the "pipe" and screamed for Lizzie White, calling out that he had killed a woman. The negro notified the detectives and the arrest followed. To- the officers Behr stated that h was a native of Memphis and gave the address of his mother there. He de clared that he left Memphis last Thurs day night, coming to Louisville and remaining here. The cuts on his faca he claimed to have received during tho turbulent municipal election at Mem phis January 7. The local officers are now following up two-tramps. Some are endeavoring to follow Belli' s movements from Memphis. Others have instituted an inquiry as to tht possibility of his having ridden out of Bedford on a Monon freight on tlis night of the murder. Bedford. Ind., January 27. The of ficials and detectives in charge of tne investigation here have received no official notification of the arrest of Harry Behr at Louisville and do not believe that he is in any way connected with the murder of Miss Schaefer. The belief is growing among the ir lnvestigators that the murderer was a negro and his motive criminal assault. Tt is claimed evidence points to this conclusion. NO AMENDMENTS NEEDED. The Canal Treaty Reported to Senate In Its Original Form. Washington, January 27. The Sen ate committee on foreign relations to day took action on the Panama canal treaty which, in effect, rescinds its former adoption of amendments. Sen ator Cullom, chairman of the commit tee was authorized to report a dis agreement on the amendments al ready reported which action is equiva lent to reporting the treaty in it 9 original form. This course of the committee is in accordance with the decision reached by the Republican senators more than a week ago not to permit any amend ment of the convention. 'Assurance having been driven to the state depart ment and communicated to the senate that the Panama republic will permit the harbor improvements and sanitary regulations desired by the United States government, the need for amendments to the treaty has ben removed and the alterations recom mended by the committee are held to be superflous. It is believed by the administration that the -interests of this government are fully protected now and that it is npt advisable t. change the convention and send it to Panama for ratification of the amend ments. HARWICK MINE WILL REACH 174 tively admitted that all of the men who were in the mine when the ex plosion occurred are dead. There are 171 names on the list, which does not include Selwyn M. Taylor, or the two men who were on the tipple above the mine shaft when the ex plosion came. Nor does the list in clude the name of Daniel Lysle of Castle-Shannon, whose body was found In the mine this morning. He wa nrte of th f mr who went down in the mine to work last night, but became separated from the rest and wandered far ahead of the air. His body was found sitting with his back to the wall of one of the rooms.. He had evidently been overcome bv h after-damn. This brings the official number of known dead up to 174, but the list may still be incomplete, as it is pos sible that some boys may have gone Into the pit to work' under their fath 'ers direction, whose names hav not yet ' been ascertained. MR UlPlPVlUiJ First Democratic Sena- V tor to Speak in Favor of Canal IN THE SENATE Hie North Carolina Senator Does Not Approve of all the Methods That Have Reen Employed; Bat He Favors Ratification of the Treaty Several Matters Were Dis cussed In the House, Among Them the Race QuestionReference to Election Methods in the South. . Washington, January 27. The proceedings of the Senate today in cluded a speech by Mr. Simmons, of North Carolina, on the Panama canal treaty and the passage of a number of bills and resolutions. Mr. Sim mons spoke in support of the treaty, being the first Democratic Senator to take that position on the measure on the floor of the Senate. He announced hU conviction that both under the Spooner act and hi3 general treaty making power, the President had au thority to enter into a treaty with Panama, after it became an indepen dent state, for the construction of a canal via the Panama route. He said: "What has been done in Panama has been done and cannot be un done. It was not done bv the Demo cratic party, neither could that party have prevented its doing, and there fore, it is in no way responsible for its doing. If what has been done in Panama can be undone at all by this government, it can only be undone by doing a greater wrong to Panama than has already been done to Co lombia. Surely the defeat of this treaty will not either undo nor rem edy that wrong. s "I am not here to defend the ac tions of the President, either in con nection with the revolution or in recognition of the independence of Panama. "There Is much in his conduct in these connections of which I disap prove, which I regard as Imprudent and unwise; as rash and dangerous to the peace and welfare of this country; as contrary to the policy of this government in its dealings with other nations, especially thost on this hemisphere and is not calculated to advance us in the affections and esteem of other nations. I do not think, however, that everything the President has done in. this connec tion was wrong. From the bottom of my heart, I would be glad for the honor of my country, I would be glad If I could reconcile all of his acts In this connection with my notions of right and law, but I cannot and to be honest with myself, I am bound to say, and I have no pleasure in saying it. that the course of the President, both in connection with the revolution in Panama and the recognition of its independence, was to sav the least, hasty, rash, improvi dent, and dangerous to the peare and welfare of this country; and Justifies the feeling of many of his political friends as well as his politi cal opponents that he lacks that con servatism, which considerations cf national stability and safety makes necessary and desirable in the chief executive of the nation." Mr. Simmons said he believed that tne President and the secretary of state should be relieved of all charge of complicity in the Panama revolt. He said he did not believe that the po session of information concern ing an approaching revolution should be accepted as discrediting the state ment of the President and added: "In entire deference to the views of others on this side of the chamber, who may differ with me in th:i opin ion, I think that the statement of the President in this respect should be accepted. Undoubtedly the Presi dent knew of the forthcoming revo lution in Panama. It was his duty in view of Imminent Insurrection. to have 6n the ground a sufficient force io protect the lives and property of American citizens. This he did and If he had done no more thn this he would have done no more than his dutv under the law." Mr. Simmons' announced h: belitf that the change of recommendation by the isthmian canal comm.sson from the Nicaraguan to the Paniua irura me iwuau w ine i , route had been the result of honesrT conviction. He also accepted, the Spooner act as ,a deliberate pro nouncement by Congress in favor of i'anama and a direction to the Pres ident to construct the canal by that route, "If possible to acquire it!e in u reasonable time." Interpreting the phrase "Reasonable time" on broad principles he did not believe that there was anv lapse of reasonable time which would have made it the President's duty to turn to alterna tive rome designated in the statutes Mr. Simmons continued: "It Is contested and vehemently nsserted by some of the opponents of this treaty that a- vote for its rati fication, under the circumstances, is tantamount to condoning the action of the administration, both as to the revolution and to the recognition. If I thought that, as favorable as I re gard this treaty, as deeply Important to us . as Is the Immediate constrac- tion of Jhe canal, and as vexatious as I am sure will be the delays in work, if this treaty should be de feated. I do not think I could rote for it. 'To my mind you might as well say that I cannot administer " on the estate of a dead man without approv ing of his death, as to say that I can not, act upon the admitted fact that Panama is an indepedenent nation without approving cf the means by vhch tht Indipende wa achieved." Mr. Simmons oiso announced his Ir.Kntion to vote for the var-ous resolutions of inquiry and closed with th? expression of a dsslre tht Co lombia might be compensated lor her loss. THE HOUSE. . Washington. January 27. General debate in the House today on the urgent deficiency bill digressed to a discussion of political topics, the race question and aerial navigation. Mr. Burkett, of Nebraska. led off with a discussion of the political situation from a Republican viewpoint and Mr. Conrad, of Missouri, spoke for the Democrats. C. B. Landis, Republican, of In diana, closed the day in a political speech lasting an hour. He declared that Mr. Roosevelt will be nominated with the record of his administration for his platform. Mr. Harwick rejoiced at the happy relation now existing between the North and South. He said the South yielded to no section in loyalty and In that spirit he invoked considera tion of the race. Quoting census figures he showed that the negroes constitute about 36 per cent of those of the voting population in 11 of the Southern states, which figures, he said suggested the magnitude of the problem. Reviewing the voting qualifications Imposed by constitutional action in Southern states Mr. Harwick said it was, not denied by some of the law yers of ability that any of these qual ifications were in conflict with the 55 amendment. He said the negro can no longer stand "as a political ward of the government, but must stand on his merits as a citizen. He said there had never been a disposition in the South to deprive the negro of his civil rights the right to earn a living, and the right of protection to life and property. There can be no political equality, he said. He quoted statistics and said it was shown that as illiteracy decreased among the race, criminal ity increased, (from which he deduced that education had been detrimental rather than beneficial to the ne gro. Mr. Watson, of Indiana, asked if he. believed in abolishing schools for the negro. Mr. Harwick replied . that higher education unfitted the nesrro for Vork; that it gave him an ambition too high to be realized in the South or elsewhere. Calling attention to the laws of a number of states, in cluding Ohio, Vermont, Massa chusetts, Connecticut, Maine, Oregon. California, Wyoming and Idaho, he said if the representation of the Southern states were to be reduced because of the voting qualifications imposed, the representation of th states named would have to be re duced for the same reason. Mr. Grosvenor, of Ohio, remarked to Mr. Harwick that it was the besr presentation of bad cause he had ever heard. Reference to election methods in Southern states precipitated numer ous colloquies between Mr. Landis and Mr. Williams, of Mississippi, and several others on the minority side. Mr. Landis said prosperity was here to remain if the Democrats would let it stay, " but the Democrats could scare it away tomorrow, he added. by electing a Democratic Congress and enacting a measure similar to the Gorman-Wilson : tariff bill. Tho Republicans, declared Mr; Landis, would go into the battle on the party record. He caled attention to the prosperous condition of the Southern states, and replying to a question by Mr. Livingston, of Geor gia, he said the Democratic state were prosperous in spite of them selves. The House adjourned until tomor row. FATAL STREET CAR COLLISION. Caused by a Fog Making It Impos sible to See But a Short Distance Forty Persons Injured. St. Louis, January 27. At least forty persons were injured today in a rear end collision between two heavily loaded cars on the South Broadway line. Seven men lie se riously injured at the Alexian Broth ers and St. John's Hospitals, and they may die. The limbs of two were so badly crushed that amputation was necessary. Others were bruised and trampled on. Both cars were northbound and traveling in a smoke fog so dense "that it was impossible to see objects a block away. The accident occur red while the front car was station ary, owing to a quarrel between the conductor and a passenger over a fare. The second car was coming at high speed through the fog, the motorman. Chrystopher Juergln, rtnging hIs gong, Juergin Stuck to .. oVi The second car crushed its way to the middle of the first car. Juergin. the motorman, caught the full force of the collision. He was cut and crushed and his back was broken. He will die. A panic ensued on both-cars. Those of the passengers who had not been too badly hurt to struggle, .began to fight for escape. Children and wo men were trampled on and the weak er ones were beaten against ,the wreckage by their stronger felows. Schooner Hawthorn Suffered Acei- : . dentT .London, January 27. The Schoon er . Hawthorn, which sailed from Jacksonville, Fla.. December 4th, for Portland . has arrived at Barbadoes with the loss of her deck load 'and some sails. The schooner had been given up as lost. TAKES TIM Japan Probably Will Not Press Russia for a Reply RAISE WAR TAX Japanese Government Decides on a Financial Programme- There Is no Change in the Situation, Con ferences Are Being Held In an Ef fort to Frame the Reply The Czar Wants-Pcace, But Believes It Proper to be Prepared for all Emergencies. St. Petersburg. January 7. -The ex changes regarding the Russian re sponse to the Ja panes note are still progressing, and the foreign office here announces today that there is no changes in the situation, fhe Japft- anese legation does not credit the re-J port from Tokio that Japan has re quested Russia to hasten her reply. M. Kurino, the Japanese minister has received no instructions on the sub ject. On the contrary, he apparently realires that the delay is consequent upon exchanges between St. Peters burg. Viceroy Alexieff and Baron de Rosen, the Russian minister at Tokto. M. Kurino reiterates his opinion that Japan will not press Russia for a reply. Prince Kuhilkoff, minister of railroad communications, will leave here in a few days for Irkutsk to inspect the nearly completed railroad line around Lake Baikal, which connects the two ends of the Siberian railroad. This connection, which will permit the movement of through trains is consld ed of great advantage, especially in the event of winter military exigencies. The czar when voicing his approval of Prince KuhilkofTs mission said in sub stance that he desired peace, which be believed would not be broken, but that it was proper to be prepared for all emergencies. Tokio. January 27. It is understood that the cabinet, assisted by the elder statesmen has completed a financial programme which It is anticipated will be published shortly. It is said to in clude the issuance of exchequer bonds to the amount of 100.000,000 yen and n creaslng taxes to the extent of fifty million yen. Colombo, Ceylon. January 27. The Japanese cruisers Nlashln and Kasuga have arrived here. London. January 27. The Times this morning publishes the following dis patch from its Toki correspondent: 'TTie government has resoivea to im- poes a war tax by doubling the land tax and the income tax, thereby ob taining additional revenue or 44,owj,- 000 yen ($22,000.000). Senator Daniels Re-Elected In Joint . Session. Richmond. Va. January 27. The general assembly In joint session to day confirmed the vote of tne separate branches vesterday electing Jonn v . Daniels to be United States Senator to succeed himself. In his speech thank ing the general assembly Senator Daniels criticised the administration s policy regarding Panama and said In sending troops down there he had vio lated a truce with a friendly country. He said he never coma support sucn action. , New York Embezzler Arrested In Texas. . San Antnnia. Texas. January 27. Herbert Robertson accused of embez zling $10,000 from a New York pub lishing house, was arrested here to day by an officer from New Tone The arrest was made on extradition papers issued by Governor Landam of Texas. Robertson has been livlag at one of the most expensive hotels in the city. EXAMINATION SHOWS THAT WRIGHT COMMITTED SUICIDE London, January 27. 'A postmortem examination has shown that Whitaker Wright committed suicide by taking cyanide of potassium. The Investigation made Indicates that Wright must have swallowed 'the poison while standing before Justir Bigham. after receiving his sen ten re. It is recalled that Wright pulled a handkerchief from his pocket and ap peared .to wipe his face and It is sur mised that under cover of this he took the fatal dose. At the post mortem examination Wright's features showed no trace of the suffering he must have endured prior to death. His face was calm and peaceful His brain was found to have been abnormally large and as the examination proceeded the doctors found evidence of cyanide of pot&s 3um. which sonfirme4 their previous FIGHT Oil KMC "COTTOr EUROPEAN COUNTRIES REVOLT AGAINST AMERICAN- PRODTOT. Foreign Countries to Emancipate Tcmsrlrrs . pcndcncc on New Sources ot Supply "vfashington. January rr.'tA Revst against American cot to a" tm tto Ctilfe of a long report Just received at the state department from United State " Consul General Mason at Bertta, Ger many. Mr. Mason says that foremost assxmg the economio movements la Sai which may have a serious meanfiag &r Important Interests 'in Amerxa t the present simultaneous desire tar Gr?at Britain. France and Germany tm aun dpate their textile indditriea froam de pendence upon American cottea. Cae portentous feature of the situation ia that there Is. not only la Germany tmt throughout Europe, a growing t8ng of reseatment against la: isjcssdari and a determination that the spinning and weaving industries must s cry cost be emancipated from susm vassa lage by the development of wfcaly new sources of supply. The German press cSx&rgas the ' American cotton market As at Cae mercy of speculators who drtrs ap and down the prices to suit tnelr crwa pur poses. T,us far the movement la in fts infancy, but its future msy be ami nous for the cotton growers of our Southern States, says Mr. Mason. Experiments in the East African colonic daring the last two years have been successful. It Is announced that there are many thousand square miles of land ia Hut Africa with soli and cllrr.ite welt adapt ed for the cultivation of cotton. Through t the German ooatrnl at Galveston, arrangements ' are txing made to send over and educate at agri- . cultural schools and o-i plantatlcaa in Texas a number of young Oer. aa who before going will contract to spend a number of yrars ns superlatsndeats of plantations in the German-African colonies. Coolie labor from China will be employed in case the native tribes prove too -incompetent. It will be many yeais before this European crusade for colonial eotton may be accomplished, but says Mr. Ma son, whether we like it or not the day will come sooner or later when the eol ton of our Southern uplands aad val leys will no longer be king teres! the frontiers of the United States. GOVERNMENT RESTS ITH OASE. Testimony Confined Entirely ts Fowt offlce InspcctorH. Washington, January 27. In the trial, of August W. Machen aad oth ers charged with conspiracy to de- 'fraud the government in cenaecllon with the sale of Groff letter bex fast eners, the prosecution today rested its case. The testimony was seaflnsd entirely to postoffice inspectors who had been instrumental in seeurlag the material upon which the laatct ment was based. Inspector Mayer, continuing . his cross examination referred te what took place upon the occasion sf his visit to the house of D. B. GrsfL and declared that he made no premise of immunity from prosecution te Greff. Inspectors Williams and Farrell de tailed their conversations ia Toledo with Dr. and Mrs. Lore ax. prior to their arrest. At their call upon Mrs. Lorenz. they said, they had secured from her the statement that she never knew or heard of D. B. Groff and that she had received no checks from him and had no knowledge of her husband receiving any. In an swer to various questions put ta Dr. Lorenz, both inspectors stated that Dr. Lorenz said "that Is none af your business. That is my personal affair and I don't propose to answss." Serious Accident to Dr. Fox, of Gall ford College. (Special to The Marsjettgea.) Greensboro, X. CL, Jauary OT. Dr. M. F. Fox, a prominent practicing phy sician of Guilford college, wts Airing here on Aiheboro street this evening with two spirited horses when the tongue to his buggy broke, the horse sprang forward causing the - Trcoken tongue to fly back, striking htm with such force on the head It knak?4 him out of the buggy, producing sonensniott of the brain. He is now at a taospltaJ. Lthe physicians prenounarg tae won 3d serious, put not necessa .iy ratal. impression of the cause of death. Por tions of the deadly tabloids, still un dissolved were found In the stomach. Wright evidently having swallowed several of them. A revolver was found on his person fully loaded. It was cealed In his hio pocket and ts an evi dence of his strong determination to . end his life. It is now supposed that Tfright'a ostentatious t consumption of tabloids for indigestion and- Insomnia during the last day of the trial was design to disguise. In case of necessity th -taking of the fatal dose. According to the doctors the dead man prolonged hta agony by taking too many of the cyanide of potassium tabloids, es rv ' smaller dose would have brought deata nwm mriftlv. a . a ii m . I. . - - - - Wright's body will be handed over td his relatives., after the lnouest. for - A a - A. A A Sk private duxuu ai xxeiuey, co TT curry. . - -, . . t" .
The Wilmington Messenger (Wilmington, N.C.)
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Jan. 29, 1904, edition 1
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