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r LJLJIJJ (A fi i i Vol. VIII. RALEIG-H, N. C, S ATTTRDAY AUG-IJSl' 10. 1901. ft A Rehearing Before the Su preme Court BEVOKES-MCEDENT . . judge Douglas Grants the Order-First Criminal Case to Be Reheard by the Supreme Court Louis Council, -the condemned negro rapi-t. 'i'1 not le Qansed next Monday. Justice Douglas of the Supreme Court 1ms issued an order granting a rehearing nf Council's case, and the Governor has reprieved the condemned man until No vember 1, in order that the court may asain hear the case. ''This case is remarkable, in that it is the first criminal action which the Su preme Court has ever considered again after having finally passed upon it. Judge iMudas meets the precedent squarely, which he says he believes to be wrong. The case will come up before the court stain at the fall meeting. The fact that the ease is again placed on the docket Joes not mean that it will be argued or. r. If a majority of the court should sustain the precedent of th court rela tive to criminal cases, Ccrfteil will be without recourse to save his neck. The motion for a rehearing, which was made by ex-Judge E. K. Bryan, was approved and endorsed by Mr. E. S. Martin and Mr. George Peschau of the Wilmington bar. These gentlemen have no connection with the case in any way. The case has been brought before Gov ernor Aycock time and again, and after delaying the course of the law for several months in order to consider the case in all its phases, finally refused to inter fere further. Yesterday he issued the reprieve in order that Council may have the full benefit of the law. The chief grounds for the rehearing were that one of the jurors did not take the proper oath. The opinion of Judge Douglas, which !s interesting and unique, is given here with; rSis is a petition, made in apt time arid proper form, to rehear a criminal case wherein the petitioner is under sen tence of death. As this case was de cided upon a per curiam order while I was absent from the bench." I -am equally Ignorant of the grounds of the decision and the reasons and authorities influ encing the court. ., "However, I have no hesitation in say ing that in my opinion this is a proper case to be reheard, but I fell great hesitation in ordering it to be docketed, in view of the decision of this court in State vs. Jones, 60 N. C., 1G. That case is directly in point and expressly holds that the Supreme Court has no power to entertain a petition to Tehear a crimi nal action. It is but just to counsel, as well as myself, to say that that de cision does not meet my approval, in spite of my respect and admiration for the great , court that delivered it. In fact, it scarcely seemed to satisfy the court itself, as the learned justice writing ! the opinion, after deciding this vital point against the petitioner, proceeds to liscnss the points raised in the petition us fully as if the petition had been al lowed. " ." 'That case was decided upon no prece dents whatever, as there weTe admit tedly none then.- and 1 am able to find none other since. It is true Jones' case is cited in State vs. Starnes, 94 N. C, it. 3. ySl. and in State vs. Howe, 98 X. C., 620. 030. but these latter cases relate exclusively to motions for new trial for newly discovered evidence, and have no Apparent bearing on the question of re- neanng. The reasons given by the court are as follows: 'Neither the learned counsel foe "The prisoner nor the Attorney General has been able to cite any authority show ing that we have the power to rehear the case. In equity cases and in civil actions the practice has been common, but in criminal cases never to our know ledge. In the former cases this court makes decrees and passes judgments, which may be reviewed. But in criminal case swe do not pass judgment. Such cases are sent up for an opinion only, which we certify to the court below, and there our jurisdiction ends.' Whatever lorce these reasons might then have nad, they, have none now to any mind. This court constantly grants "rehearings in civil actions where it passes no judgment whatever, and makes no decrees. Rules a- and o3. providing for rehearings, make no distinction between civil and criminal cases, and I spp Tione. "If the title to a chicken were in- vo.ved I could grant a rehearing, but as a numan life is at stake I am utterly Powerless. To my mind snch a dis cretion finds no just foundations in law, '!) public policy or in humanity. The rights of property can never be more sacred than the security of the person, s they have no independent existence, bnt exist only in relation to the owner. . "The guilt or innocence of the prisoner s not for me to decide, nor can I proper ly consider the facts that the judge that tried the prisoner has grave doubts of his guilt, that the solicitor who prose cnted does not believe that he is guilty, and that the jury that -convicted him rendered a verdict only after a distinct inderstandine nraonsr themselves and v;th the court that it shouid be coupled "ith a recommendation to mer?y. These . nnwwfr stpnnc nnri sisminennT. appeal only to executive clemency, and utt i'ulic"i action. -However much a justice! may dissent "rom the decisions of the court, and how rpr full his right of dissent when it t!n? with the court, Be is bound by them oen acting in Bis individual, capacity. "ut docketing a case is not overruling aijy opinion that may be involved. '!t is simply bringing the matter be Tf)is the court for such action as it may Se fit to 4ake. In no other way what ver can it be brought before the court, 'n if the court were in favor of a rf'hfarlnfr, it could not act under its es unless some individual judge took the responsibility of ordering the case to be docketed. "Feeling as I do. I think the conrt shouldvhave an opportunity to pass upon I me question, wmch can never be pre sented more clearly or mort forcibly. "I am somewhat influenced in this cause by the fact that the Governor frankly states that he will reprieve tha prisoner if I order his petition tn ho docketed, but not otherwise; and by the lunner iact mat eniinest members of the bar think that criminal cases can be reheard. view in which I under stand his Excellency to fully concur. Lnless his case is docketed, the peti tioner will be hung next Mondav. and this court would then be powerless to correct any error that mav pxist. nn matter how great or manifest. ine petitioner has been convicted of what is properly regarded as the high est crime known to our law, and if guilty should be punished. "But he is entitled to a fair trial, and if innocent his execution would inflict a wrong which eternity alone can re pair. Under such circumstances I feel it my duty to act, no matter how great may be my reluctance or the responsi bility it involves. The clerk will docket this case and fife the opinion with the petition. lie will also issue the proper notices, including one to the Governor. "This 8th day of August. 1901. "It. M- DOUGLAS. "Associate Justice." s WANTS TO COME IN Winston Ball Teams Talks of Joining the League v WinstonSalem, N. C, August 9. Spe cial. A movement has been started here for Winston's. ball team to become a member of the North Carolina league next year. Arrangements have been made for three games here with Madi sori. Asheville also wants to play three or four games here this month. The estimated receipts from the Ma sonic picnic at Mocksville yesterday are four hundred dollars. One hundred dol lars was cleared from the excursion run from Winston. S ft England Refuses to Sign the Final Protocal DELAY IS SERIOUS The Trouble Seems to Be About the Chinese Tariff Other Questions the British Want Settled Washington, August 9. The persis tent reports to the effect that the pow ers had become deadlocked on. the mat ter of signing the final protocol estab lishing peaceful relations with the Chi nese government were corroborated to daz by a cablegram from W. W. Rock hill, special American commissioner at Pekin. Mr. Rockhill advises the State De partment that the delay is a serious one and that it is due to objections raised , by the representatives of Great Britain against the proposed international com mission for the revision of the Chinese tariff, which is necessary in order to j provide funds with- which the Celes-1 tial government may meet its indemnity obligations to the powers. 'he exact nature of the objection filed by England is not known. It is under stood that it has been made only in gen eral terms and that no specific reasons for thus 'blocking the protocol arrange ments are given. It also appears that the British gov ernment asks for a reconsideration of some clauses concerning which no agree ment between the nations concerned had heretofore been reached, owing to the strenuous opposition of several of the powers. , It is feared here that the attitude of the British government will cause a further and very unwelcome"' delay in the efforts to settle the Chinese prob lem. Negotiations had reached a very favorable Stage when the protocol was ready for .the approval of the nations supposed to be parties to it. It is understood that Mr. Rockhill's dispatch is lacking in many details that the State Department wishes to have and that he will be instructed to reoort on the matter more fully at the ealiest possible moment. fc- Tug Sinks a Row Boat New York, "Aug. 9. The tug boat Ber the' Lehigh Valley Railroad. ! ran 'down one of the row boats used to ferry passengers across the Washington gap as the inlet north of the Lehigh Vallev depot in Jersey City is known, at 7 o'clock this morning, throwing the nineteen passengers that were in the Uo-nr hna't at the timo into the water. So far as known all were rescued. The small ferry boat was stove in and sank. The tug was stopped at once and the work of rescue began. Strike Situation - Unchanged n;feiiff Ans. 0. The strike situa tion does 'not seem -to have definitely. 'changed. Mr. Gompers naa noi statea in to ft late hour this afternoon what .his action would be. There are per sistent rumors of coming arbitration, bnt they have not yet been traced to any 'reliable source., ... U II H6 Yearly Assemblage of Friends at High Point ' BUSY DAY OF SESSION Many Matters of Interest to the Society in North Caro lina and at Large Receive Earnest Consideration High Point, N. C, August 9. Special. The fourth day at the yearly meeting of Friends was opened this morning at 10 o'clock with the reading of a letter addressed to the clerk from Prof. Joseph Moore, of Earlham College, Richmond. Ind., in which he expressed a warm and deep interest in the Friends of the North Carolina yearly meeting. Prof. Moore spent four years in North Caro lina as professor of natural science in Guilford College from 1884 to 18S8. Mr. John E. Ray, of Raleigh, super intendent of the blind institution was present and made a brief address in be half'of the institution. Epistles were read from New Eng land, Oregon, Ohio, Canada and Cali fornia yearly meetings, all of which con tained salutations of love for the North Carolina yearly meeting and gave some account of the religious work in which these yearly meetings are engaged. The subject of the constitution and uniform discipline which should em brace all the yearly meetings in Amer ica and which should serve as a basis of unity for them all occupied most of the morning session. In the afternoon the consideration of the proposed uni form discipline was resumed, and after a long discussion the meeting concluded it was wise to lay the matter over until next year. If the uniform discip line should be adopted by seven yearly meetings in America it would go into effect. It establishes what is called a five years' meeting to be constituted of delegates from all yearly meetings adopting the constitution . and -disekKl i mi. ; , "-Tt fc uim. a. ma live yeaj.5-nieei.ing wiu con sider any auestions which affect the in terests of the oociety of Friends in thia country and will serve as a basis of unity in any public utterances that American Friends might wish to put forth. A committee was appointed to pre pare an epistle of greeting to all the yearly meetings in correspondence wHb the North Carolina yearly meeting, which includes the yearly meetings of London and Dublin. The next subject was the Blue Ridge mission committee, which made an in teresting and impressive report of the work which is being carried on among the mountaineers in Patrick county, Ya. The yearly-meeting decided to recom mend an appropriation to assist that work next year and a liberal subscrip tion was taken for the purpose. The foreign missionary board of the yearly meeting -made their fourth an- nual report, which showed that a valna- ble work is being done in India by Miss Annie V. Edgerton, the missionary sup ported in that country by Friends. An interesting letter was read from Miss Edgerton, giving an account of her work in that country and making an appeal for adequate support of the work. A subscription was taken for that pur pose. The yearly meeting will make an appropriation for the same purpose. Associate members of the American Friends' board of foreign missions sub mitted a report of the African industrial mission in which the board is engaged. The meeting tonight was held on the subject of foreign missions and was ad dressed by Mr. John B. Garrett of Phil adelphia, and others. Tomorrow morning a report of the orphanage committee will be submitted and in the afternoon a report of the trustees of Guilford College will be made. At night a general educational meeting will be held at 8 o'clock at which Mr. John B. Garrett and Prof. Chaa. Nealin of Wilmington College, Ohio, will make addresses. The attendance is very large and much interest is taken. $ Dumont Orders a New Flyer Paris, August 9. M. Santos Dumont, finding that his dirigible balloon has sus tained so much damage that it is inad visable to attempt to repair it, has ordered a new one, work on which has already begun. The new envelope will have about 'the same volume as the one which exploded yesterday, but, instead of being cylindrical in form, it will be ellipsoidal. M. LaChambre. who is making it, constructed the balloon for the Andre polar expedition. He prom ises that the new envelope will be ready on September 1. s, . Further Reductions Washington, Aug. 9. Preparations are unde rway by the War Department to make a further reduction in the mili tary forces in the Philippines. Jnsbow much reduction will be madejcarinot be determined nntil the department hears from General Chaffee. It has already been decided, however, to bring back to this country just as soon as practicable the remaining artillery organizations in the Philippine- . - i us n Spencer Blackburn a Hopeful Young Man - HEARS FROmTrANKLIN The Louisburg Meeting En courages Him to Believe That the Democrats Are "About to Flop Into His Party Washington, August 9. Special. Congressman Blackburn, of the Win ston district, has some decided views on political conditions in North Caro lina, and goes so far as to predict in cold type that the Republicans will in a short time acquire political supremacv in the State and in Congress. The fact that Mr. Blackburn is a new member may account for his rainbow chasing views. He said today: ' , "The elimination of the negro ques tion from politics in the North State will, in my opinion, result eventually in greatly added strength to the Republi can party there. The people of the State have evidently reached the con clusion that old-time prejudices must be laid aside and that votes must be cast for party candidates standing upon platforms which conduce to the best in terests of the community. "An important meeting was held at Louisburg a few days ago indicating this new spirit. ' A great many business men attended this meeting, nearly all o whom had previously been of the Demo cratic faith. It was the sense of the meeting that the platform adopted at the last Republican national convention should be endorsed and that hereafter men should be favored for elective offic who were prepared to stand by princi ples which, insured the subservience of the business interests of the State. "That is to say, the meeting decided virtually to leave the Democratic party and in the future vote the- Republican ticket.' This, to my mind, indicates that a revolution in politics is about to occur in North Carolina. . Itt would certainly seem siif mother Democrats of the Statu fiTe,ro&lhw"W th "path "hewed by the Louisburg -meeting, and there is no in dication that they will not do so. "Next year the State will elect a leg islative and judicial ticket. The Re publicans of the State have strons ho;?es of being successful in this cam paign. It is certain that a great many men who have heretofore voted the Democratic ticket will vote for the Re publican candidates." Postmasters appointed: D. M. Sum ner at Skyland, Buncombe county, vice W. W. Long, removed; J C. Edwards at Welch. Granam county, vice A. M. Edwards, resigned; J. K. Exum at Four Oaks, Johnson county, vice Ransom Dur-rf ham removed; J. B. Buchanan, at Jones-, boro, Moore county, vice 8. H. Buch anan removed; S. T. Hall, at Progress,' Randolph county,, vice E. E. Pugh, re moved. A new postoffics has been established at Lagoon, Bladen county, with Katie B. Smith as postmaster; at Funston, Brunswick county, with Isham D. Har relson as postmaster; at Naylor, Samp son county, with Stephen D. Howley. as postmaster: at Red Cliff, - Halifax county, with Whit A. Johnson as post master. Rural free delivery has been ordered established October 1, at Lumberton, Robeson county, with one carrier; length of route, 25 miles; population served, GGO; carrier, R. E. L.-Prevatt. JIM HARRIS HANGED A Tar Heel Negro Pays the Penalty for Murder Bennettsviile, S. C, August 9. Spe cial. Notwithstanding it was known that Jim Harris would be hanged today within the jail enclosure, one thousand people were present hoping to witness the execution. Many people came from North Carolina and early in the morn ing countrymen began to arrive. The callows was erected in the jail yard be hind a very high wall in front of the door leading from the cell. Only about a dozen besides the reporters and as sistants were admitted. The rope was cut 'by Sheriff Green with the axe with which Harris killed Carter. The drop fell at 12 o'clock and at the expiration of 3J minutes he was pronounced dead. The dead body was turned over to relatives of the, deceased and was immediately taken to Clio, this county, for burial. During the fall of 1899 Jim Harris, a notorious colored desperado, commit ted burglary and larceny in this county, but escaped to North Carolina, hisna tive State, where he subsequently was captured in Greensboro and brought uacK to me county of his crime, where he was tried, convicted and sentenced to two years on the county chain gang. He "TaB. serving this sentence when on the 20th of February, 1900, while at work on the public rends war b Ta Doe river, as Mr. Amos Carter, the cap- wlc cuam gang nad his back to Hams, the d?sperado struck the captain a heavy blow on "the back of the head with an axe, from the effects of 'which, he died in a few hours. Harris seized the guard's gun, and with axe in hand in company with two other members of the gang, entered the river swamps, where they cut away the shackles and made their escape. Last 6pring Sheriff Green received a telegram from Laurens county, .S. C, stating that Jim Harris was there in the county chain gang. The sheriff easily identified his man and brought him back. The triaj took place at the recent June term. -- STEEL TRUST RETALIATES One of Its Largest Milfs to Be Moved from McKeesport Pittsburg, August 9. The United States Steel Corporation issued an order today directing that the Dewees Wood plant at McKeesport be dismantled and removed to the Kiskiminetas Valley. The decision is ascribed to the hostility of the people of MeKeesport. The official announcement of the de cision was made by Persifer F. Smith, district manager of the American Sheet Steel Company. He said: "I have orders from President Mc Murty of the American Sheet Steel Company, to tear down at once, the Dewees Wood plant at McKeesport and remove the same to Kiskiminetas Val ley. This I shall proceed to do imme diately." The Dewees Wood plant is one of the oldest and best known plants in 'Penn sylvania. It was founded nearly 40 years ago, and its shops and mills cov ered from 12 to 14 acres. It employed an average of 900 men, but in the busiest times the pay roll carried 1,200 names. The plant cost several million dollars. II TO I li McLaurin Roundly Denounced as a Traitor JINGLES HANNA'S COIN Tillman Exceedingly Fierce in Attacking His Rival Shadow of the Negro Voter On the Wall Columbia, S. C, Aug. 9. This was the last day of the big political rally at Union, and the heavy artillery was re served for the final attack upon "com mercial Democracy. It was vehement ly urged that McLaurin's rule would be worse than negro domination. Senator Tillman and former Governor John Gary hivans, who was defeated by McLaurin for the Senate, made the most sensa tional speeches. Evans rfdded that Mc Laurin has Mark Hanna's money iine- Iing in his pockets, and he ought to be hanged. He insisted that another traitor shtfuld not be put into McLaurin's shoes. Congressman Talbot, who came into prominence in Congress by blQcklng pri vate pension claims, is a candidate for governor. He announced himself as op posed to using the white man's money for the education of the negro. Former Congressman George Johnson denounced McLaurinism. The real dan ger in this split he said, was the negro becoming the balance of power and debauching the white vote. He pointed out that the present franchise law was but a makeshift, and the educated negro would soon be asserting himself. Senator Tillman was fierce against McLaurin and McLaurinism. He pressed the point about the danger of negro votes. He, who had framed the dis franchisement clause in the constitu tion, admitted that under the property and educational qualification the young generation of negroes would wield a power. "I would like to get in front of Mc Laurin and shake my fist in his face," exclaimed the senator. "The time seems to be coming," he said, "when an effort will be made to coerce voters by the mills," and he warned the mill officials not to try it, as the legislature had the power to save the masses, and they would exercise It.- Alluding to McLau rin,. Senator Tillman asked if the rep resentatives of the people were to sell the power given them for patronage. "These fellows are sneaking lik snakes in th egrass. McKinley's State, with Hanna presiding over the conven tion, has just adopted a platform look intr to taking away the South's repre sentation, yet Hanna's lieutenant here is parading up and down the Mate tell ing you the negro won't bother you any more." , Tillman said he had tried to avoid all this trouble, but the governor wanted "peace and quiet." As to McLaurin's charge of dishonesty, Tillman said: "I never took a dollar, and everybody knows it. Why did he vote for a treaty on Monday after a speech against ratifica tion on Saturday preceding? I charge bribery. It will take somebody of more characte rand responsibility than this John Lawrence McLaurin to make the people believe that any dishonest dollar eyer passed to my plan. They would not believe any such damnable slanders." The audience rose and cheered. $ Crispi Grows Weaker Rome, August 9.- Ex-Prime Minister Crispi passed a quiet night. The weak ness of his heart and the nervous must cnlar depression are increasing. He t-n nntwsfl the itnlicitoti dpsire j th'1 Xeinrilitnn clergy to administer the sacrament to mm.- " " N 11 No Mercy for Boers Who-; main in Arms 1 FIVE WEEKS TO QUIT Perpetual Banishment, foi All Who Do Not Come to Terms Their Property to Be Confiscated London, August 9. Through General Lord Kitchener the British have taken stern iheasures to bring the' belligerent Boers to terms. General Kitchener hag issued a proclamation at Pretoria, which gives the burghers until the 15th of Sep tember to lay down their arms. Aftei the date named all Boers captured will be permanently banished from the coun try and their property practically con fiscated for the purpose of. reimbursing the British government for the money spent in maintaining their families while they were in the field. . f The proclamation was formally issued Wednesday and is containe; in a par liamentary paper which was grinted and circulated in London today, ft follows: "Whereas, the two South. African re publics have been annexed, their capi tals captured and a majority of the burghers (35,000) are prisoners of have submitted, and almost all the' gun hava been captured, prventing regular war fare, isolated attacks on small posts con tinue aimlessly, thus prolonging the shedding of blood . and destructioi of property and ruining a majority of the inhabitants who are anxious to live peaceably; hence all leaders still in the field in South Africa and all membe-s of the late government, unless they surren der before September 15, shall be per manently banished from South Af'ica. The cost of the maintenance of the fam ilies of the. burghers in the field who have not surrendered by September 13 shall be recoverable from the burghers and shall be a charge upon their prop rty." ' - v . The . pro,eianj.ation . aff.exts,, sorae..oar teen commandants, and three officials. , STANDS HIS GROUND Mayor Black Holds Oul Against Armed Deputies McKeesport, August 9. Mayor Blac who has taken such a decided stand against the importation of armed dep uties by the steel corporation to act against the strikers, still maintains his determined attitude in the matter. Io the last few days his mail has in creased tremendously. It is said that he has received many letters denouncing his position, but the mayor attribute! most of them to political jealousy and does not take them seriously. Mayor Black, when asked -today if h . had Tepented his words, declared em phatically In the negative. "I shall ar rest any man, no matter whether he is striker or stranger, who is disorderly," He added: "I shall rnaku do distinc tion." f . . It was learned today that the resolu tion of Mr. WempJer, the counci.'rarm, that the city provrde for the strikers at the city's expense will not- be offered at the regular meeting next; Tuesday. The council is said to be opposed to ' the mayor. . ' BEE BUZZING IN lOHNSON'S BONNET Cleveland, Aug. 9. The presidential' aspirations of Tom L. Johnson are be ginning to manifest themsejres ry con spicuously. It is said here on good au thority that the mayor is to te a presi dential candidate before the next Demo cratic convention. Mayor Johnson will be a candidate for re-election a year from next spring. He does not want to see Colonel Kilbourae elected this fall, because it would spoil his.own plans for the future. He would' like to see a Democratic legislature elected th:s fall and some friend of fiis sent to the Sen ate. He fully .expects .to be re-elected mayor of Cleveland two;yars from now. He will then, it is said, bo a candidato for governor of Ohio. 1 Mr. Johnson and Bis; chief lieutenant, Charles P. Salen, will-devote their en tire time during the, approaching cam paign to the election of Democratic cau didates for the State legislature. - It in even rumored that Mt. Salen will be a candidate for-United States senator, but the indications are that whoever is elect ed will be from a section of the State other than Cleveland.. . Lyle Arrested in Virginia Charlotte, N. C, August 9. Special. An Observer bulletin tonight gays that Charles Lyle, charged withjthe murder of Newton Lanier, was arretted todnr in Virginia. It will be remembered that the coroner's jury, . in . a verdict lasf Sunday, charged Lyl with, the murder of Lanier. The Observer only tin morning offered a reward of two hun dred dollars for the capture; .of I Tie, charging official.listlessness as the rea son for this actios on tne part of :- paper. o f. ri-r ; f j ; -, : , S" r u !S ft ii V -1 - V
The Morning Post (Raleigh, N.C.)
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Aug. 10, 1901, edition 1
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