Newspapers / The Wilmington Messenger (Wilmington, … / Feb. 19, 1907, edition 1 / Page 1
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WAX 6 VOL XL NO. 15 WILMINGTON, N. C, FEBRUARY 19, 1907 S1.00 PER YEAR 9. ! t-u i TRIAL TO CONTINUE Juror Bolton Will Take Place in Thaw Panel. BOTH SIS USE Trial an Expensive One to State and Defendant. Defendants Counsel Much firaliiicJ at 'I'lioir Kureess so Far Difficult to' i'creeast When Defense Will Host Its Cne Jerome Anxious That Triai j Shall End Either by Verdict or Commission in Lunacy liikely to Develop in Battle Between Experts. New York, February 16. The trial of Harry K. Thaw will be resumed be fore Justice Fitzgerald on Monday morning. Funeral services were held today for the wife of Juror Joseph B. Eoltoa and it was said afterward that the jurymau had expressed his readiness to again take bis place in the Thaw panel and continue the trial. Mr. Bolton feels it it a conscientious duty for him to near the Thaw case to the end. If Mi Bol ton had dropped out it would have meant the loss of many thousand of dollars to the state and to the Thaw family. A mistrial would have been declared and four weeks of the court's time would have been wasted. Aside lrom the routine expense of juror and witness fees the Thaw trial I is costing the state a sum almost oiual j to that which is being spent by the defendant's family in the attemp1. to prove the young man was insane v Len he shot Stanford White on Jjine 25 last. District Attorney Jerome has employed for the state three of the most emi nent alienists of the country and their fees alone will make the case rival xn cost the- famous Molineaux hearings which consisted of a battle of experts almost from first to last. Thaw was much relieved today when told that the Bolton family physician had informed District Attorney Jerome )jSthat the juryman would be able to re sume. The prisoner had oeen appie hensive since the first intimation of Mrs. Bolton's serious illness was"r?ceiv ed that there might be a mistrial. Both he and his attorneys are an: iua that nothing now shall prevent the case running its course. Thaw 3 counsel believe their case to be in ex cellent shape. Mr. Jerome also is aax ious that the proceedings be disposed ef, by the verdict of the present jury or by decision on a commission in lunacy. He has expressed his willing Bces at any time to join with the defense in asking for the appointment of a commission to determine Thaw's present state of mind. The defense, however, will continue in its effort, to show that while Thaw was explosively insane at the time he lulled Stanford White and that while the effects of ihc brain storm were still apparent in him for three months following the homi cide, his improvement has been so great and progressive since the fust of October last that he. is today of perfectly sound mind and even temper ament. Many of the Thaw jurors when under examination as talesmen, were asked if they would give the defendant the benefit of the same reasonable doubi. va to his sanity or insmty as uiej wouic on the question oi gum or innoceuc. In every case the jurors who are now serving declared they womd Charles Wagner and Dr. uvans. ui uvo aueu - ists who have offered eviaenee a? n Thaw's state of mind at tae um? oi the homicide have yet to be cross-examined by Mr. Jerome. If, after the cross examination of T)r. Evans and Dr. Wagner, the reasonable doubt as to Thaw's soundness of mind n June 25 last still exists, the defense will try to show that Thaw at the pres ent time is sane and is entitled to ab solute freedom. This is believed by many to be the most difficult pan of tho task still confronting the defend ant's attorneys. Dr. Graeme M. Ham mond. who has been constantly bo side the prisoner since the trial b? gran, is expected to testify as to Thaw's present mental condition. He is one of the most prominent alienists in the - employ, of the defense, but he. is not known to have visited Thaw prio to October last. He was not with Dr. fans and Dr. Wagner during their several visits and it is believed his pro vince is to testify as to Thaw's con- His RELIEVED petency today. There also may be ad ditional testimony alone this line. While the defense apparently seems to be nearing its close there is so niucn actual work yet to be done that it will actual work to be done that it is diffi cult to forecast just when Thaw'3 ai torneys will rest and when Mr. Jerome will begin the introduction of rebuttal testimony about which has -been s-o much mystery and secrecy. Dr. vaus was on the stand and about to relate j certain conversations he had v.-.h l Thaw in the Tombs during his first three visits when court adjourned Thursday. It is presumed that Dr. Evans will resume Monday mornisg. He must necessarily do so, it is s.tid, to maintain the continuity of the pro ceedings. It was intimated today, how ever, that Dr. Evans may be imme diately withdrawn Monday to aliow Mrs. Evelyn Nesbit Thaw to conciud her evidence. The defense has the Tight to roea 1 Mrs. Thaw any time it desires lo place before the jury sufficient i.e?;'i mony as to Thaw's insanity to permit introduction of further revelations A made to him by his wife and his state ments to her in return. However, Hiera is a strong probability that Dr. Evans may be permitted to continue his testi mony Monday. It is then a question whether or not Mr. Jerome will elect to cross examine the witnesses imme diately or reserve the privilege until later. When court adjourned last Thursday afternoon Justice Fitzgerald . released the jurors from custody "until Monday morning." Having once been released it is not likely that the jurors will ag;;in be held in close confinement. TO IJMMIT HOURS OF LABOR House Committee Decides to Jfake Favorable Report on the Esch Bill. Vrashington, February 1C The house committee on interstate and for eign commerce decided today to make a favorable report on the Esch bill which provides that railways shall not require employees couuectrd with th movement of trains to work n:oie tiia-i 1( consecutive hours. The bill pro- ' vides that after an efaolvee has work- ta hours he shall. have at least 10 oousecutive hours oil. duty. it will . rpnrH.rPfi bv the commvtje ill" r ill will also provide that opscai ora and dispatchers are not to v ork more than 9 consecutive hours in station? which are operated both day and night, and are not to work more than ! 3 nours !n towers or stations operated only la the day time. FIRE IX ALEXANDRIA Block of ' Houses Destroyed Eight Firemen Injured One Death From Excitement and Exposure. Alexandria, Va., February 16. One death from excitement and exposure, six firemen overcome by smoke, one badly burned about the face, and an other injured by a falling beam and damage amounting to $10,000 were the result of a-fire, which early today, de stroyed Wedderburn Row a block of houses on Albert street. The fire was caused by the over turning of a lighted lamp. Mrs. Sarah E. Skillman, an aged wo man, was ill in bed with pneumonia. When ithe flames extended to her home she was carried to the side walk, but died on the way to a hospital. George Walker was burned about the face and John Travis a voluntee fire man was struck by a falling beam. An explosion in the saloon owned by P. T. Everett in one of the burned buildings, while the fire was in prog ress ire.kAd town several firemen and spectators. VERDICT WAS GTJTLTY. Dr. Feist Convicted of the Murder of Mrs. RoSa Manguni Nashville, Tenn., February 16. Dr J. Herman Feist, charged with th murder of Mrs. Rosa Mangrum wa tnHav found miiltv of murder in the j verdict carries with it the death j (rwkT1.a1tir Mr Mnnerum who had b?en j under tfae care Dr Feist disappear- ed oa DeCember 19, 1905, and her boay 1 W;IS found in the ohio nyer at Cairo, j ... janunrv 5. 1906. A few days , tht iRnnnearance of Mrs. Man grum she drew $1,400 from bank ana announced that she was going to Chica0 The evidence against ur. Feist was circumstantial, a feature be ing that he deposited in a bank $503 a few days after the disappearance of Mrs. Mangrum. Horses Shipped to England. NewportL'R. I., February 16. Twen- stables of Alfred G. Vanderbilt at Oak land farm, Portsraouih weie shipped to New-York today where they will b?1 transported to England on the 3-eamer Minijetonka. The hciseg,otof whicn are ribbon winners, will be driven by Mr Vanderbilt at the international horse how. which Is to be held in London-next spring. j n TToii Air. UUariCB vjr.. uwi uu icvumw from a to Savannah. . FROM CHICAGO TO SAVANNAH Proposition to Establish a Owned Railroad. state WOULD IIEDl'CE ITJEIGHT KATES Plan Suggested by Governor Smith, of Ccorsia M ight le rade Through Trunk Line Between the Two Cities. WoiiM Benefit Trade Relations With the South. Chicago, February 16. A proposition to establish a state owned railroad from Chicago to Savannah, Ga., was uggested to Corporation Counsel Lewis by Governor Hoke Smith of Georgia in a letter received yesterday. Governor Smith declared that such a line wcuid reduce freight rates and would have a great influence on trade relations with the south. The letter says: "I am much interested in the rail road rates from the Lakes to Georgia. Our state owns a railroad from At lanta to Chattanooga and there is a strong sentiment in favor of extending it to Savannah. If Cincinnati could re claim control of the line built by its citizens from Cincinnati to Chicago, and Cincinnati and Chicago would join a movement for the construction cf a line from Chicago to Cincinnati there might be made a through trunk line from Chicago to Savannah, operated solely for the purpose of paying ex penses and interest on actual cose of construction without the burdens of watered stocks and bonds. "Such a line would prove beneficial not nnlv tn thA erpnt eitips through which it passed, but also a broad ter- ! ritory adjacent to the line. It would reduce freight rates more than 25 per cent. It would have a most mark ed influence on our trade relations " RATE D1SCRJ3IINATION Claims for Excess Transportation Charges Aggregating Over a Million Dollars to le Filed With Interstate Commerce Commission Augusta, Ga., February 16. Claims for excess transportation charges ag gregating over a mlliion dollars will be filed with the interstate commerce commission at Washington Monday by R. J. Southall, of Augusta, who repre sents five big trading companies of New York as follows: China and Japan Trading company, limited; American Trading company; A. Norden and company; Karmerg and Company, and Fearon Daniel and com pany. The defendant companis are the Georgia railroad, Central of Georgia Railway company, Southern Railway company, Atlantic Coast Line, Atlanta and West Point; Western and Atlan tic; Western Railway of Alabama, Charleston and Western Carolina, Co lumbia, Newberry and Laurens, Chesa peake and Ohio, Illinois Central, Louis ville and Nash vi Tie; Nashville, Chat tanooga and St. Louis dailway, Sea board Air Line, Mobile and Ohio. Texas and Pacific, Missouri, Kansas and Texas. Atchison, Topeka ana San la Fe, Southern Pacific, Great Northern Northern Pacific, Union Pacific, Oregon Railroad and Navigation company Oregon Short Line, Canadian Pacific, Great Northern Steamship company , and Occidental and Oriental Steamship: company. The main purpose of the claim is a fight against rate discrimination in the matter of cotton goods shipp d from the points in the south. Th THHion chAws tbnt frnm nolnts In 8! southern states to Chinese and Japan - ococ rwvr tc: thft rata i at npv him- tired, while from New England cotton manufacturing centers, it is 85 cents per hundred. The plaintiffs hope to; have thes rates equalized, as well as to recover mone .-ilread; paid. Col on manufacturers here say that if favor- j able, the decision will mean millions of ! dollars to the south. They now have thr cot ree-fourths of the oriental trad in ton goods, and this is one oi a series of moves on the part of mar.u facturers to bring about uniform con ditions mi a j.. i i i niiilr,., me pons men tiuiieu 111 uic pcnuuu through which it is alleged the rates are excessive, are San Francisco, S3 - j tv r.-,0r n aiue, . ruruuu, uiu o.u utv., Tokiog Shanghai, and common Oriental nort9. i a ports. Dr. Primrose Dead. Rev. John W. Primrose, D. D., diM Rev. Jonn w. Tnmrose, u. u., uiou in Greenville, Miss,, on the 13th Inst - in the 69th year of his age. Dr. I : m- - rose left one sister, who is the motner of Dr. R. J. Noble of Selma. Dr. Primrose was a well knowr Pres. byterian minister. At one time he cas post of St. Andrew's church m this city, having resigned his charge heie several years ago, his successor. Dr. McClure, being the present pastor of St. AndreWa . . wv rr to heart Thhouse. speaking to his m- i i no oeceaseu oou nugo uicuud line, nuw -d - I of his pasElng away. , UllSSIOfl IS ATTACKED re fumitted Fine and Paid Lawyers Out of Treasury. nESOLCTION' OF 1XQTJIKY PASSED Passenger Rate BUI Made Special Or der for Tuesday Night Fish Bill . Came up and After the Filial Wran gle Was Passed Insurance Bill Laid en Table. (Special to The Messenger.) Raleigh, N. C, February 16. The senate met at 1" o'clock and begun the Epeakings without prayer for the i'.vit time this session, no minister being on hand and Senator Brown, of Yadkin, Iffiing absent. On motion of Bellamy t 500 copies of the pilotage bill intra laccd by him were ordered printed. Bills were introduced as follows: By Webb, to amend certain sections of the revisal regarding hospitals for the in sane. By Torne, to allow Rocky Mount to issue street bondsi, also to establisn the Rocky Mount road district in Nash and Edgecombe and provide for work ing the roads there. I The boiler makers of the state sent ia a petition asking for boiler inspec tions. The senate took up the bill amend ing section 1183 of the revisal by en larging the power of stockholders in corporations in the election of direc tors;. Hicks offered an amendment which was adopted and the bill passed. I Buxton's bill to amend the law re garding telephbne lines by providing that section 3,845 of the revisal shall Qot Prohibit ?rivate rs?ns from,dis- connecting wires attached to buildings or trees on their premises without their consent, was taken up. The sec tion as it now stands imposes a heavy penalty upon persons thus disconnect ing wires, whether consent was given or not. It was claimed that as a re sult of the section much damage had been done to property in all parts of the state. The bill was then re-referred. Bills passed prohibiting public drink ing of whiskey on trains, this not to apply to dining, smoking, or private cars or in smoking rooms, the penalty being not less than $10 or over $50 and imprisonment not over SO days. Bill passed to prevent delay in set tling statements of cases on appeals, of the supreme court. A number of acts were ratified, the total number up to date being 289. Bills passed to allow Lenoir to vote on bonds. To allow Brunswick to take stock in Wilmington,, Brunswick and Southern railway. To allow Rocking- OgO UUUUD. xvr vvtA. w . .u. ' i boro graded school district. To give Sampson the road law. To pay coun ty commissioners $3 a day instead oi $2. To allow the governor to employ counsel to appear before the interstate commerce commission at Washington, a sum to be expended not to exceed $4,000. The bill to restore the practice of denistry to Its former position as a branch of theprofession of medicine and surgery also passed. It limits prac tice to liseases of the teeth, and ad jacent parts, associated with disease of the teeth and gives the right to pre- ; scribe drugs, or perform such surgical operation as may be necessary to the proper treatment of the teeth and futh- er provides that if any person, once convicted of practicing dentistry con trary to the revisal, and is guilty of a second offense, he shall be guilty of a Tricr?mcnrr mmishahle by a fine Or 1 imprisonment. "Riiia tvkspt amending: tne law re garding days of grace, and to dis , courage disorderly and bawdy houses by makin- the reputation of such piac s evidence of their character. An amendment by Buxton, changing the title of the bill to one "to change the m'e of evidence in certain cases." Long spoke in advocacy of this bill. The e nte then adjourned until 11 o clock Monday. THE HOUSE. ! The house met at 10:30 o'clock, and I j.i tw mfnictcr nrocont 1 irx. , ua inert? v oo w uuu... - , gan work without prayer, j Bills were introduced as follows -n Tini.inc-trt rennlrft fir PV-m S xj n"""". - for the protection of human life. Cy Whitley, ta allow Martin to elect, coun - 3 oilrt-w Martin trk rteri rtiun ""e.y, ' -- issioners at tne next regular ! election. By McNeilU tolncrease con- federate pensions. By Owens, to rcgu- reaerate y. . iate fishing in bampson county - and to prohibit putting sawdust in its streams By niuey, to re0uaa.ie usus shad and herring. ByMorton, to auow New Hanover county cornmission-rB to pay magistral tees wnen Pers axe sent tothe public : to strengthen the law agaiiist cruelty to animals. By Taylor to proviae a court for jj y Brunswi By linden. w. uiuwuu i - o - A fcianlrtag whether any penalttei j were required of the Southern railway for breaking the SeJma connection tor 30 days and if the state paid Us attor neys $500 out of the treasury in the re cent compromise of that matter, fcaid he had been inform (id that in 6pite of the protest of Governor Glenn, the corporation commission had not only remitUd the $1,500 penalty incurred, but had actually paid the lawyers $100 j out of the treasury. He thought it fair j that tho fact be ascertained and the: legislature enlightened as to whether j Henry Miller and Colonel Andrews had more influence with the corporation commifidon than tho governor and adopted, 47 to 12, the demand for a roll call not being sustained. The bill to prohibit insurance agents and officers in mis-representintr the terms and character of their policies a senate bill, was taken up. Erhing hause said both insurance companies had approved it, and that after amend ments, it had received the approval of the insurance commissioner. Roystcr paid it ought to be called a bill to pro mote truth t iling, and it ought to pass as it could do no injury to the insurance companies. The bill was laid on the table by a big majority. The passenger rate bill came up as a special order. Dowd asked that it be made a special order for next Tuesday night, as Bickett, who in conjunction with others was preparing a substitute, was not present. Clifford offered an amendment that all railroads, constructed within five years before or after the passage or tne bill shouid be allowed to charge the highest rate specified in the act. Tur lington pleaded for postponement and demanded on behalf of tne minority that so important a matter should not be forced to a veto today, declaring U unfair to a large and respectable min ority. Manning said there was no dis position whatever to push the bill and that every consideration had been given the wishes of the opposition and that every body knew it, but that m order that no further complaint of this kind should be made, he consented to to having the bill made a special oraer for Tuesday night 8 o'clock and this course was taken. Bills passed to separate tho races m jails, convict campsi, etc. To give Ma con and Pasquotank counties the road law. The house had been very quiet during the morning, but. the fish bill came up and there was the usual squabble. The bill passed, 61 to 4, Mor ton before the vote was announced hav ing changed his vote from no to aye. in order that he might make a motion to reconsider. When the result waa announced Morton gave notice that he odged the motion, to reconsider and would enter It Monday. Whitley moved to table Morton's motion and so the clincher was put on the bill which was ordered amt to the senate and the house adjourned until Monday at 10: CO o'clock. RKStJIVTCD IN A FIGHT. Lie Passed Between Two Members of Convention Paper Weight and Ink stand Ued as MUsiles. Guthrie, Okla., February 16. The He was passed today between delegates Baker and Haskell, caujing a personal envcounter between the two members on the floor of the constitutional con vention- In the debate over the adopt ion o fthe railroad report, Delegate Baker accused Delegate Haskell of be ing a railroad representative. "You're a contemptiKie liar," shouted IIakell. "You are a lair, too," retorted Baker Haskell hurled a heavy paper weght at. Baker, who dodged it and replitd A with an inkstand. Instjjr tly there was an uproar on the floor f id In the galleries and it was necessary for the sergeant at arms and his assistants to Interfere to restore order. 1 SUSTAINED ATTORNEY GENERAL I ja, i:jsht to Rehear ApplicatloM of Mr. Hearst, Albany, February 16. Supreme Court Justice Fitts Late today handed do'-n a decision sustaining the posi- don of Attorney General William S. , , , M . , Jackson in the matter of the proceed- ingsin the interest of illiam Itandoipn Hearst to oust George B. McCIellan ' V, T mo--!- rf C W YOTlC " t? m iiarr-s tltat the attor - ney general had the authority to hear the aDDllcation of Mr. Heart utJ AyV ' ' Vave to begin quo .wai n . McCleljan w , f tT. ranto prccced hieli - feo . . pi b Mr Jackson s predecessor. At- -- t..- r. rvnenl MnvAr Tncf TTItt moiiQU of McClPlaa.B attor. ,,forT1Pr erAl ail- neys to have the attorney general ad- Jn contem of m bringing the action on eronnd that in brineine the action on initlativft tn nnst McCIellan ht - u ?u fc jf a ?- he llcr 0 tojimctIon cf Justice Fitts forbIddIn& him pending a hearing to re-open the matter of Heart's quo war- Ucucm t Of course the railroads want all they w ,h. i. why ther . t . . ... should be given as little as possiuic- v . vtj Dortiaa Herald. 1 LLEDNH Accident on li. Y. C. and H. R. FIFflf PERSONS INJURED Cause of Disaster Has Hot Yet Been Ascertained. Train Drawn by Two 1 licet rlc Motor. I'ire Stinecl in Wreckage, Uat wu- Quirkl) UMlnaiil-liel Docror-, I'ircmen ami 1 Nil let Hurry to frriie of Disaster -flnater N limber of Thoe Killed Were Women Many Were ManIcil Ilcyouri Ilrcpfraltiou. New York, February 1C eixtetn passengers wero killed outright fou. others had died of their Injuries at midnight and at least fifty more reit. more or less seriously Injured following the wreck of tho White Plains and Brewster express on the Harlem divis ion of the New York Central and Hud. son river railroad near WoodIaw roaJ in the Bronx, a borough of Greater New York tonight. A sheet of eleeiHc flame that signalled the disaster en veloped the rear car and for a motnenr threatened to roast victims pinioned la the debris. The flames" did not, how ever, spread and the horror of a holo caust was averted. As the cars fell they smashed the third rail, breuklug the current and ending the dagger from this source. The train, No. 25k left tho Grand Central station at C:13 p. m. drawn by two heavy electric motors loaded with a matinee crowd and commuters on their way home from business in this city. It waa made up of one com bination smoking and baggage car and five passenger coaches. After stopping at 125th street, the train was scheduled to run express to White Plains. At Woodlawn the four tracks run ikroi'jrn a rocky cut and take a sharp carve. When the train reached the eurre It was, according to the passengers, mi ning at very high speed, estimated by some at 60 miles an hour. Both motors and the smoking car swung salc'y around the curve, but the ears follow ing left the rails and plunging over on tkeir eldes with a terrific crash, Uro up the tracks and after sliding a bun dred yards collapsed in one mass Of those instantly killed the grMler number were women. L Many veto mangled beyond recognition. Axa ba lances and Burgeons from every hos pital in Bronx borough and from BcJle vue in Manhattan responded to hurry calls as did two fire engine coin pa tie and the police reserves from many 'a tiona. Many of the injured were qu'cK ly extricated from the wreckage while others were so pinioned they could not be taken out for some time Fire started in the overturned earj but the flames were quickly extiagulBC ed and the firemen lent their aid im the injured Special trains carried maa i f the Injured to White Plains and Moual Vernon while others were biougni to hospitals In this city. I At 10 30 p. m. the police 6stin:;ttel jthe dead at between 2Q aQd 36 The cause of the wreck was not of- ficially determined temght. Miles Bronson, superintendent of tho jiariem division, who was in charge of the clearing of the wreckage and who personally superintended th it- ovlDS of the derailed cars, said lhat he was unable to determine the cuse Qf ' Leonard B. Green, of White rialns. - "who occupied a seat In the smokvr. directly behind the second motor tW i the story of the trains approach to tUf Woodlawn road curve, it was iraTvi- Inir at a terrific speed, according to . . ... , . ... Mr. Green. "I remarneu on ine speeu . anIH XT r P.rpen. "when We hit that yc. curve. InsUncUvely we stopped play- ine a eame of cards and lookrd bek. ing a game of ca Suddeniy the car ment we seemed lurched and in a mo- ment we seemed to have broken loo? from the rest of the train. Wc cnntl see the other cars turnng over." Dismembered bodies were strca along for.a distance of 10- yards. One woman was Impaled on a hvge spilnttr from a railroad tie. Although the cne of the wreck was In the heart rf a thickly populated section It was a tine Wore nearby residents rearM. uc. cr , deian could be secured. Railroad V X. r
The Wilmington Messenger (Wilmington, N.C.)
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Feb. 19, 1907, edition 1
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