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v 1 EIVE CENTS VOL. XIX. NO. 43, WILMINGTON, N. C, TUESDAY, FEBRUARY 19, 1907. 1 f 0 ilLLIFIElEfJCE. Thaw's Lawyers Succeed in Introducing It. TEXT OF THE T HLM I Objection Raised bv Jerome, But Afterwards Withdrawn. Will Regarded by Defendant's Lawyers as Strengthening the Contention Tha t Thaw was Insane When lie Killed White Probable That Eve lyn Nesbit Thaw 'May io on Stand This Afternoon . to Complete Her Story- CStosh Between Dr. Evans and Jerome, New York, February 18. "I never wamted to shoot the creature, I never wanted' to kill him. I knew he was a foul creature, destroying the mothera and daughters of America but I want ed through legal means to bring him to trial. I wanted to get him into court -to bring him to justice; But -Providence took charge" of it; it was- an act of Providence." " This is Harry K. Thaw's story or the killjing of Stanford White. It was told by him to Dr. Brittah'D. Evans, the alienist, last August in tbeTombs. Today Dr.l Evans repeated the prisoner's-word ? U- the jury w a Ich Is trying Thaw for his' life. . V . District Attorney Jerome fought hard 1 last week against the introduction of this evidncf which the defense thinks is conclus.ve proof tha; Thaw did nut know his act was wrong. Once the testifying physicians had declared that in their opinion 1 ha was ln-an a the time he made the statements ; : them, however, the ruls of PTidenc;?1 repotted the introduction ofthe prison er Vwords In further bulwarking their contention that Thaw was insane when he killed; Stanford White the defend ant's counsel succeeded today in plac ing before tb" jury t lie will executed by Thaw, the night of Auk marriage m April, 1095, and a codicil to the will ex ecuted at the same tim? . ' Again Mr. Jerome , 1 light the evi dence, but hesignificvitly withdrew his objections after Dr.. Evans had given it as his expert opinion that Thaw was insane at the time he exe cuted the will. The fact that the dis trict attorney eeems disposd let in testimony of every character provided ihere is a preliminary opinion from the witness that the man was of unsound mind - at the time to which the testi mony refers, was taken today as furtn , er indicating that Mr. : Jerome . may at the psychological moment, if he deems his hand strong enough demand the spodntment of i a commission to pass : i3on Thaw's state of mind at the pres ent moment. The will and the codicil as read to the jurors today, were offered in evi 2mce as cumulative testimony of Thaw's mental unsoundness prior to the killing of White. In his will Thaw provided that his executors should set apart the sum of $50,000 for the in vestigation, of his death, Jn case or a violent, or suspicious end, and for the prosecution of the persons suspected of having had a hand in his taking off. In the codicil Thaw left to a lavyer in Pittsburg the $7,500 to be used hi se curing legal redress from Stanford White and one other person whose name was not allowed to be r sad, for the benefit of four young women who Thaw declared, had been the victims of : ""degrading assaults" in a house ;f ur ' niched and used for orgies 07 Stan ford White and other inhuman scoun drels." The names of the four young wo men were mentioned Ly Thaw but were no made publftc. Thaw also bequeath ed sums of $2,500 each to the Rev. "Dr. Charles H. Parkhurst. Anthony Com- , stock and a lawyei named In his codi "cfJ, to be used in d:Mvering further alleged misdeeds b Stanford White and securing redress for the women. Two other physicians will take the stand tomorrow, Urs. Hammond ani JeOIiffe, and it is sail that it will be part of their tan 5 -oq to detail the im- nrovement in - Thaw-? mental con jr- ring the period of his confine nnpimnrn UUbUI W. the. Tomosv dt-C'ariPS that; the l 7hich caused t!ie maataB cxplo- stoi warf remoed v.ith the putting ; wav of Stanford White. It Is also 3aia tonight ' that Mrs. Evelyn Nesbtf - vTlxaw; might go on the stand tomorrow . : -afternoon to com il ete her atory . ' Thft trial todav entered Its fifth week. The opening of court found At torney Delmas in his accustomed place again at the ' head of Thaw's counsel tablet - -'-. - - -. During the day there was no surface indication of the storm which it is' said raged among counsel for the defense . during the latter part of last week af- ter the -trial had been adjourned be-j " cause of the death of Juror Bolton's NEGOTIATIONS TO BE TAKEN UP wife. Mr. Bolton was early at ta- -criminal court's buildins today and said that he felt perfectly able to - go 'May ..Result in Japan's Withholding on with the trial. It was decided that! . Passports from Japanese of the the jurors should not again ft confined) until Vivir fin-Ql.ttsr rnh mnl- their verdict. Dr. Evanswho has been by far the most important witness for the defense among the medical experts, detaiTea at great length his conversation with Tha- in the Tombs. lie told of how Thaw declared that his lawyers and physicians were in a conspiracy witn the district attorney to railroad bin off to' an asylum ft.J. to prevent his case frr : cciiiig to trial. He declared that they wanted to close "this matter up." Thaw told the physician that in his attempts to bring Stanford White to justice he had complained to Dia trict Attorney Jerome and that the lat ter had f told him to let the matter drop; that there was nothing to il. He also complained to Anthony Comstock and to a detective agency. Dr. Evans was corroberated as to most- of Thaw's statements bv Dr. Charles CP. Wasner of Binghamlcn, who first fi.gured as a witness eat ly last week Late in the afternoon District Attor ney Jerome cross-examined Dr. E vaa 5 briefly on the one point of his opinion that Thaw was of unsound mind at the time of executing his will. The prosecutor and ' witness flashed fire at the. first contact and there was every indication when Mr.. Jerome undertboK Dr. Evans' examination In general tne proceedings would be as. lively and interesting as any ever heard in a lo cal court room. Dr. Evans met tne preliminary attacks boldly and seemed as ready with his replies as the dis trict attorney. . Mr. -Delmas was on his feet during every, bit of Mr. Jerome's cross ques tioning of the witness. He interposed many objections and , generally was sustained. He looked sharpTy - to Dr. Evanls? interest, but ithe last ter appeared to be well aware of his privileges. Mr. Jerome in protesting against ad mitting, the codicil as evidence referred to "these scandalous statements." Mr. Delmas-objected and had his ob jection noted as being due to the dis trict attorney's misconduct. A wordy conflict, ensued which ended by Mr. Je rome 'declaring that in the future he would concede nothing. "I don't con' cede anything," said Mr. Jerome, "it is an outrage, I say, to bring a man here after seven months preparation 01 ithia case and fritter away the time of the court in reading documents." "It is your privilege not to concede anything, not even common courtesy," was Mr. Delmas reply. "I am exer cising my privilege,," snapped Mr. Je rome..': . ' ' WAS REPORTED FA VORVBLE Bill for Appointment of a Commis sioner to Digest and Index Suprem Court Decisions.. (Special to The. Messenger.) Kalelgh, N. C, February 16. Ta house judiciary committee this after noon reported favorably Manning's bill providing for the appointment by the supreme court of aj commissioner to digest and index the supreme court de cisions from volume one to 1908. The commissioner is to complete the work in two and a half years at an annual salary of $2,000, and a clerk at $1,200 annually. The cost of the work is not to exceed $14,000. The committee re ported unfavorably Long's senate bill, changing the rules of evidence for the purpose of making it easier to convict owners or proprietors of bawdy houses. There was a long discussion of a bill to repeal the section of the revlsai requiring railroads to transport mem bers of the state corporation commis sion over the state free of charge. The bill apppropriated $3,000 a year lor maximum traveling expenses. Doughton moved to report the bill unfavorahlv. This was defeated bv a vote of 5 to. 7. ' The bill was referred to a sub-committee composed of Mann ing, Williams!, and Midyette to redraft and report back to the committee. Explosion of Dynamite Kills Four London, Ky., February . 18.- Hugh: Sutton, a foreman, and four other men employed by the Louisville and Nash- ville railroad in laying a double -track at Tunnel No 6, north of Hazelpatch were killed today by the exploson of one hundred sticks of dynamite whicn they were thawing around a fire. The bodies were blown to atoms, fragments Domes were Diown w atoms, iragmenis of flesh being found, Jn the tops of j m Am nearby - trees. were negroes. Inane ,Over the Thaw Trial Madison, Wis., February 18. Vio lently insane over the Thaw trial John Lerdolph, of JancBville, Wls was seizures and rid yourself of this dread taken to Mendbta asylum today. Ler- disease by-beginning the Koslnetreat dolph talks only of the .Thaw trial and ment today. Price $L50. Mail brdero says he has $100,000 to help out "Eve- filxL The ' Kosine Company Wash lyn and Harry." jingtoa, D. C, cr call on R R, Bellaay HAY BE SETTLED Passage of the Immigration Bill Opens the Way. Laboring Class Seeking to Enter the United States Agreement Witu San Francisco School Board. - Washington, "... February 18 --The state department being now fairly as sured through .the final passage today of the immigration bill, that the San Francisco authorities will rescind their action excluding Japanese pupils from the white schools is prepared to take up again the negotiations that were already in progress with the Japanese government looking to the regulation of Japanese immigration into the Uni ted States. It is expected that tnese negotiations will result in agreement between the government of Japan and that of the United States for the witn holding by the former of .passports to Japanese of the laboring classes seeking to enter the United States, t or S3Vral years past the Japanese gov ernment has declined to issue any sucn passports, but the intention is to make this a matter of formal agrement it possible. , The basis of agreement reached be tween President Roosevelt, Secretary Root, Mayor Schmitz and the members of the San Francisco school board made public tonight by Mayor Schmitz provides thai "all children of alien races, under 16 years of age, who spcaK the English language, may be admitted to the white schools. Special schools are to be established for children of alien birth who are deficient in the ele ment of the English language." Mayor Schmitz and his ' associates have received several hundred " tele grams today congratulating them on the satisfactory results of their nego tiations with the president. Other tele grams-' were received 'tTracjmng-ie mayor and school board and .''declaring that the exclusion amendment in the immigration, bill, as passed by the house of representatives today is' un satisfactory to the people of the Pacific coast states. ... , , ; ... - FUNDS .FOR MdVER STATUE Rev. .-'Milton A. Barber Accepts Call Mail Carriers Appointed. . (Special to The Hessenger.) Raleigh, N. C, February 18. Dr. A. 6. Jones, formerly physician here, is critically ill in Idaho, after an opera tion for appendicitis. Postmaster Briggs is notified of the appjointment of the following rural mail carriers1, salary $720: John R. Tur lington at Duke; William J. Cowen Cofield ; Fred C. Easton, Wadesboro Edward W. Snead, Hope Mills. Thes are the first appointed in many months. Rev. Milton A. Barber, of Burlington, accepts the call to be rector of Chrst church here, and comes Apr! 1st. State Superintendent Joyner today received $129 for. the Mclver statue fund,- of which $61 came from Meek lenburg county. The total amount oj cash of the fund is now $2,423 and pledges and .cash total $6,000. ; PRESIDENT OF THE S. A. L. WiULini A. Garrett Will Probably Succeed the Late Alfred WWalter New Ybrk, February 18. The Herald will say tomorrow: "It is understood that William A Garrett,, first vice prefil dent of the S. A L. will succeed thf late" Alfred Walter as president of tha road. ' . v ''Directors of the Seaboard will hole a meeting on February 27." - , THINKS PUBLIC SHOULD READ E Preacher Wants to See Every Line o Evidence in Thaw Trial Printed vv icnita, ivas., eoruary xs. in a -- t . . 1 A V ?srmon on moraa&ty entiUed I' Woman's Rights" Dr John Henry Cudjippe, pas tor of the First Methodist Episcopal church, declared: last night that all the testimony in the Thaw trial should be printed. . "I want to see every line of that evidence printed," said Dr. Cudllppe, "and I want to read it I think the public should read It.' Do You Suffer With Epilepsy? This is the fairest offer ever made to sufferer of .Epilepsy or Fits. Just deposit $L50 with R. R. Beljlamy and wiC-nTif get a bottle of Elixir Kosine. If after nolntr mma tm,n tra rtfvt- rvtf r.1-ir ootlc fled, your money will be returned. This trial is given at our expense. Elixir Kosine Is absolutely free from alcohol, cocaine morphine or opiates. Prevent the attacks of fits or epileptic QUESTION OF LECiSLATURE T-X Daughter of General Lee Visits Capitol. i. . 3LCIIIXEni: AND REVENUE ACT Bills, Passed Allowing: New Hanover' to Pay Half Fees Where Defendant isiSent to Roads 'and Wilmington to provide b&ry. for Maintaining Free 14- ? I Special to The Messenger.) R4!eigh, N. C4, February 18. The senate met at 11 o'clock. . Bills was introduced as follows: By Harrington, to allow Harnett to levy a special tax to pay stock law expenses By dodwin to amend the Gates county road flaw. Bills passed third reading: To allow the governor to appoint and employ counsel to appear before the Interstate commerce commission, not over $4,000 to b spent annually. To prevent the of infectious and contagious dis- in Robeson. re was discussion of the bill to 1 deaf mute children to attend tate school at Morganton. It re quires that those between the years of 8 and 18 shall attend this or some other school for at least five terms of 9 months each, . and that any parent or guardian who shall fail to send any such child, to school as provided, snail be guilty of a misdemeanor. It is mad the duty of the school census reporter to take the name of every such child and Jts parents or guardians and to send these to school for deaf mutes at Morganton. '- ' r " - - : :: . - The senate next took up Breece"s bil to prevent intoxicated persons- from traveling on common carriers on thlr reading. Buxton demanded the yeas and'nays and the bill passed 28 to t, a number of senators being absent. The bill to require the prompt trans mission of telegrams was made special order" for tomorrow at noon, and the senate tnen aajourneo. - THE HOUaiS Speaker Justice called the hous? to order' at 10:30. . Among the important bills Introduc ed was one by Mr. Gallert of Ruther ford providing for amendment of the constitution, so that the legislature will be given authority to enactsuch laws as may be advisable refunding the exemption of property from the saie under execution, provided the home stead shall not exceed the value of $100 of personal property or' the value of $500 in real property or both. It also provides that no property shall be ex empt from sale for taxes or for the payment of obligations contracted for the purchase of said premises or tr laborer's lien for work done or for" a mechanic's lien. iMr. McCracken's bill, which was in troduced by request, to give the people of the state a square deal In securing life and fire insurance, seeks to pro hibit discriminating rates of insurance, in this state as compared with rates in other, states. ' ; In Introducing the revenue and ma chinery act, Doughton stated that few changes had been made from the act of 1905, and these were of minor import ance. : '-,--. .. - . - - r--- '- : The biirregulating the hours of con tinuous service of railway engineers, conductors, flagmen, telegraphers and other members of train crews, came up on second reading. The bill4 passed second reading and upon objection to third reading, .went to the calendar Doughton, by consent, introduced the following resolution:. Wher?as, some, reference has been made in the newspapers to the action of the housa last Saturday in regard to the Selma connection matter, and whereas the house does not desire to reflect upon the action taken by the corporation connection, therefore be it resolved ' that this house has the fullest confi - dence in ; the integrity and, ability of the corporation commission and doe3 not desire to reflect upon the same it its action In the matter aforesaid. x ""The resolution was adopted upon a suspension of the rules, only two vot'-s being cast in the negative. The bill providing that all wo.-k done for the state, done by union print ers, should have the union label upon it, came up. Mr. Keener moved I hat the bill be laid on the table and the motion prevailed by a vote of 45 to 1 5. At this point, Speaker Justice from j floor' Mangum presiding, annovn Wiiarv Lee the daught ! "ai AUSS . Alary lH, WB Uau&u announc- j er of the immortal Robert E. Lee, had honored the capitol by her presence, and moved ! that the house take a re cess for, ten minutes In her honor A motion was made that a committee .-n the part of the house be appointed to wait on Ms3 Lee and request her pres ence in the hall. The speaker pro tem appointed Representatives: Justice, Dousitca andUarsnaw, who retire! ta PI EEDines spreaa eases Thfe comae the si the rotunda, where they met Miss Lee, who was being escorted from the sen ate by Benehan Cameron, Senator Bux ton and Representative Galloway of Greene. As she entered the aisle, leaning on the arm of Galloway, the entire house rose and Galloway, in very appropriate remarks' presented her. Speaker pro tem Mangum presett ed her to the assembly, expressing his gratification at the high honor. For ten minutes a reception was tendered Miss Lee, Speaker Justice presenting the members. She then left the hall and Doughton, addressing the speaker said: "I am requested and commissioned .y Miss Lee to express her grateful thanks for the very cordial and kind reception accorded her by the members of the house of representatives and senate of North Carolina and say for her tliat these Tar Heels" are great people, foi whom both civilians and soldiers she entertains, as her father did, profound est admiration. Morton moved that the. kind message of Miss Lee, commu nicated byDoughton, be spread upon the journal as part of the record of the day's proceedings, ,and the motion was adopted amidst applause. The bill to confer upon deputy clerks of the superior court the power to pro bate wills and to issue letters testlmen tally was strongly opposed by Dough ton and Harris, while Turlington fav ored it, but said he was not wedded o itT but had introduced it to cover some serious disadvantages he had met in his practice on account of his prolong ed absence from office of a clerk who was sick. The bill was defeated. The session of the house was rema .li able in this respect not a single bill passed final reading. The adjournment was until 8 this evening. At the night session of the house, among bills which passed final reallnj were: Allow New Hanover county to pay half fees where defendant Is sent to roads; allowing Wilmington to pro vide for maintaining free library. The house adjourned at 10:25, having passed 300 bills- of a private or local nature besides 20 roll calls on second! readings. A bill introduced tonight by j Representative Murphy-allowing regis- trars and judges of election $2 per lay passed its third reading-in five mia utes after its introduction. . THE 16-HOUR BILL House Refused to Adopt Substitute Of fered by Committee. Washington, February 18. By a vote of 119 to 169 the house under suspen sion of the rules, refused to adopt the substitute osered by the interstate ana foreign commerce commission to the so-called LaFolIette 16-hour bill to pro mote the safety of employees and travelers upon railroads by limiting the hours of service bf employe eB The amended bill was sent to conference. Mr. Esch of Wisconsin said the neces sity for the legislation was extremely prssing in view of the ever Increasing number of railroad accidents. Mr. Adainsoai, of Georgia, wanted the house to adopt the LaFolIette bill, be lieving that It accomplished more than the substitute offered by the commlr tee. Messrs. Barlett, of Georgia, aau Richardson, Alabama, were also in the opposition, Mr. Richardson saying that the bill of the majority not only did not relieve the situation complained' of but legalized the working of railroad employees more than 16 hours. - Mr. Stevens,' of Minnesota, Insisted that the substitute to the LaFolIette bill was Infinitely better in every way, as it applied to. classes of employees on railroad whollfcr. omitted by the sen ate bill. . HE IS NOT SEEKING IT But DeArmond Would Accept Leader ship if Majority of Democrats Wish ed to Take it. Washington, February 18. Repre sentative De Armond, of Missouri said today when asked about rumors that he is slated by some of the democrats to succeed Representative John Sharp Williams as the democratic house lead er in the next congress that he is not mnlrlnf art utavaH rn m tyx f fn tnr thn hllf haf hn haA tw lTl - wrm1f, .nt .tfiA lorahtn if . a majority of the democratic members desire him to take it. Mr. De Armond said he did not stand for any faction in the democratic ranks and 18 not fight ing the battles of any members who are dissatisfied with Mr. Williams, be cause they did not get the -committee assignments they desired. f Will Hold Convention Macon. Ga., February 18. The Georgia Immigration Association will hold a convention in this city tomor- row. Immigration Commissioner R'.rJi- Secretary Oscar Straus, the gov- ernors of three states, mayors of Georgia, Commissioner of Immigration Sargeant of Washington, and repre mu tative men from other state are on the . programme for speeches. v Will Knock Oat Dealings in Fntnres Columbia, S. C, February 18. The anti-bucket shop law just passed by the general assembly, will become ef fective July 1, 1907. Tha law is pat terned after the Georgia law, and will result in the closing up of all ex changes dealing in futures. t. TO EXCLUDE JK Report on Immigration Bill Adopted by House. PASSED Br MAJORITY DF 06 Democrats Made Party Issue on Two Sections-. ; Four Republicans Voted Against and Four DcmocrntLs for the Bill Point of Order Made Against Provision Regulating Japanese Immigration Gave tho President a Power Never Contemplated by tho Constitution Whs Not What People or California Wanted. . Washington, February 18. Under' suspension of. the rules the House adopted the conference report on tho immigration bill which was agreed to by tho senate Saturday, although the democrats generally made a party issue against the passport provision and to that requiring air space In ves sels. The vote stood ayes 187. noes 101. Four republicans voted against the bill and four democrats voted for it. Representative I-urnett, of Alabama, made points of order against the first provision which undertakes to reg ulate the incoming of Japanese, cool ies by giving the president authority to refuse to recognize their passports and also against the whole of section 42 having relation to tho air spaco In vessels bringing Immigrants to tho - United States. As to the first proposition Mr. Buxw nett insisted that the authority con ferred by tho section .on tho presicent put in his hands a "big stick" which he could wield -over a state. Ho de clared that it gave the chief executive a power which was never contemplated Dy me constitution nor ay tno enab ling act of any sovereign state. As to the second proposition It wen Mr. Burnett's contention that the air space provision properly belonged in a bill relating to navigation and had no part in a bill regulating tho Immi gration of aliens into tho United States. Mr. Burnett asked tho speaker' if the whole Chinese exclusion law could not be repealed by a conference re-. port. - "Oh. why does the gentlemen ode about that which might, could, would or should happen," replied the speaker amia ia.ugh.ter., rno speaker then overruled tho points of order on tho ground that the conferees had . been wholly within meir rights when they agreed to a substitute for both tho senate and house bills. Mr. Williams, of Mississippi, desired to warn the people of California of something which they already knew and that was that tho views of the president, were not their views. This man to whom you have left the discretion in the matter of Japa- nese immigration is ono who haw by treaty recommended the naturaliza tion of the ' Japanese.' said Mr. Wil liams.. "I am with the people jat CaJ- trornia on tho question of separate schools and I. am with them on an other question." continued Mr. Wil liams. "I. want the Pacific coast keDt a white man's country" Applause) and I want all this country. as far as it can he a white man's country, not merely because I believe tne Caucas ian Is auperior to their race, but be- . cause this is our land, tho land of our traditions and our Ideals, and I know that the influx of another race, means another problem .for another portion or tms republic ana .another social warfare. "I want to say that every woe which this country has offered has resulted from tho landing of the first slave ship at Jamestown." (Applause). Mr. Hays, of California, frankly stated that the section to which so much objection was made, the Japa nese exclusion section, wan not Just what the people of California want ed. bdt said It would go very far to ward ameliorating present conditions. He said It was a temporary expedient which he believed would bo followed! by. a much more patlsfactory arrange ment He also believed 'that when the people of California became fa miliar with the section they, too will be satisfied as were the members of the California delegation, realizing that it is th very best they can get at this time. He said the delegation hod agreed to support the bill in tho In terest of the whole- country and In the interest of California and the Pa-. cine coast. f Mr.- i'Cahn, of California, also. pressed the opinion that It wouli go' very far ir.ward relieving1 the situation' in -California. Tho conference report was then agreed to. Tokio, Japan. Fbruary 19 The pas sage of President Roosevelt passport bill by the senate of the United States wo seml-offTciallv announced this morning. Tho leading newspapers to day explained that this action by th United Ftates government Is perfectly legitimate and in accordance with treaty stlnulatlons. It Is also pointed that the rromlpe of success of the Ju dicial procedure In the school question Is lessening-. The newspapers thus1 far have refrained from making com ment on this latest news from W?' ington. It Is believed that the emir1"' tion companies wil combine to a" the government's attitude if on frC mnt is reached with America r fca proposed It is thought that ' 3 Et:n eral public while regrettlnr ? tion of tho Can Francisco -cton J11 this form will calmly re-en Itself to the situation. 4 .. V i 4 V
The Wilmington Messenger (Wilmington, N.C.)
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Feb. 19, 1907, edition 1
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