i -v v v v v v1 y v a r y v v VV y v V v r,'V"v)r,iT-"-v Y VIII RALEIGH, N. C, SUNDAY; DECEMBER 1901 TWELVE PAGES. No. 98 m-a r Tf H W V AP". 'W -" - """ m ' . ' . . - 1 1 1 1 1 1 ... 1 Ht JURY ulvES GATTIS II bsues Found Against Kilgo and Duke No Damages Awarded ; Against Odell. - o. T.. ' j.ii " ;'.!' i-i 'i ': It I ;i '!' i. X. C, Nov. 30. Special i-i-Kilso .case was given to the i" o'clock tonight arid just be dnight after considering ..' the ss at issue nearly six hours a w as returned in which they :ue first and second issues nil the defendants, the third lr. J. C. Kilgo and Mr. B. X. only discharging Odell, and i,' the plaintiff, -Rev.'" T. J. Gat- :iua r . sl-."00 damages. Ar the jury eanie into the court rMi:n a::i asked for instructions as to uhf he! they coull consider the so-,-:ii!e.: i'lue back, the pamphlet eontain the account of the ; investigation it-Te the board of trustees the speech , f Ir. Kngo and the folders issued with a? various state papers, as containing fvi.i.'uce of malice. Judge Shaw charg .. xhe::t that they were not at liberty i.i vriiler the pamphlet and speech as ..iitaininsr evidence of -malice, and re iMni them that lie had withdrawn -i tireiy frtin them consideration of the f . Upon request of certain mem .rs of the jury Judge Shaw then read i t them that part of his written charge Lt'iiiing upon the third issue, that as to malice. The jury then, afc 9.10 !M-Ioi.-k,- filed with solemn tread back in:- their room. Hardly had the " jury ""disappeared when Judge Shaw ordered them to . re turn and gave further instructions up on the question of malice to the effect that, while upon the issue as to dam-a-'fs the jury could not consider the witairawal by defendants of patronage from plaintiff, yet they could consider isuh withdrawal upon the question of inalice, , if they found that there had liea such withdrawal. . Thi. was the last request from the j iry for instructions, for when they came out next" they had the issues all arswcred in the following order: . defendants publish of and con- ce'.nii: ilaintitt the defamatory matter se: out in section 4 of complaint? An- Mver. Vr . i'. V.'as Jef amatory publication false? Ai;v.-er. Yes. --. .--v -"-'r.'.,' - - - .' .'!. IVas same ;malicious? Answer. 1: except as to Udell. 4. What damage is plaintiff entitled t recover for such wrong and injury? answer. $ 15,000. ; Counsel for the defence will take ear ly occasion to move for a new trial on exceptions noted during the trial, and ia event of denial of the motion it is eipei-ted will appeal to the Supreme Conit. Ex-Judge A.-W- Graham resumed his (i;-iu!r speech for the plaintiff when r.;;; if reconvened a: 950 o'clock this liioiiiiim. He gave a brief review of features of his argument On the prcccd ia.2 liisht. lie made the claim that it Vi uuiieces.'ary for the trustees in de t'Dse of Trinity College to publish. !:!; against Gattis. Thejr need not tare proclaimed to the world that Gat tis -was a falsifier and that unchristian conversation and, conduct was carried on in his store. He argued there was no necessity for Kilgo's epcech. to hive lec.i niihlished in connection with the official proceedings of the trustees' trial e Kilgo any more 'ihan that his (Gra h.im'si speech or that of any other f uivsfl in re-ording the present trial l:i Uranviile Superior Court. Gattis' fiiaracter is as precious in the eyes 'of the law as that of Judge Clark, Gov. Ayrock or anybody else. He railed the attention of the court t ' the contention counsel made that the ppn of justification in making publi-cMi.-tns as a rebuttal of the charge of in. i lice could only stand in so far as tl'is j-.t';ication was proven, and that tii1 defense had not proved it. He dwelt t kngih on defense of charge of Ga': tis being a confirmed opium eater. Claimed the plaintiff has established as. fact that he never used it except as )".oerihed by physicians,, and not at all Mure he was treated in the Charlotte Hospital. the last issue Judge Graham dwelt ' considerable length. Said this is n age. of progress when large enter rr;sps and combinations are swallowing "P the small or weaker the whales fallowing the, minnows in commerce. !"t that thank God character is still orth more 'than all combines or trusts. M'! is protected by the law. He read f'-'im the Psalms as to the vanity of Idling up riches and value of character, 1!'... f 101,1 the Book of Job as id thei '"tiiity of heaping up treasures of sfl-i T"i". and declaring that the silver'wcmld" ' fh-vided among the inftoeent. Tljis i l i:l was being verified in 'that juries" are dividing the silver of the strong and "iidi'y defamer among the innocent horn they had wronged. Asked the Kv u-hat they would take for their rnara t6T: wllPTi fliOT- "h q A A (c,non il oil jfni J"ff" further side of the hill of life, it blackened,, their wives and pW "J'ty thereby disgraced. , I;i 'Miniating the damage to Gatt:s :"i'I",?s Graham said Gattis was GO r"3rs old at the time of the publication; jnnt according to the legal estimates of J!''". onhl have lived 14 Years lou "hat hH income would have been. o!,,Tlsr to "evidence submitted about fit-x lH'r y''ar- This would make i'"'- He therffnro nl -tint iff! j " ' ask 30,000 for this amount of u,use, and $70,000. as compensatory A VERDIGT FOR ' '- - t . damage for injury to character, mental ( went with Lim to Souths Carolina, se surfering, etc. In conclusion he -urged the ' eured the appointment for him. Then juty to remember that in the eves of bow Gattis "came back, proclaimed the 'ihe law the poor and aged are as good as--the high and the mighty. Ex-Judge Graham concluded his ar gument at 11.30 o'clock and after a few minutes intermission Ex-Judge R. W. Winston. of counsel for the defence be gan the closing speech. For morp than three hours Judge Winston ' discussed every phase of . the case, holding the at tention of the court and jury very closely. ' It being the last of seven arguments a summing up of thewhole matter as the defendants' counsel regarded the speech had been awaited with very great interest. There was also a con- siderahle increase in the number of ; aifl fr the University. Dr. Kilgo spectators who have been so noticeably : thought that, the state ought not to few all during the six days that the Se the young men ' in the "l?iriversity ease has, in some respects, "dragged its $00. -each and the boys in the public weary-length along." schools $1 or $1.50. Gattis disagreed In his opening remarks Judge Win- j Wlth him. But many good men regard stou congratulated the jury upon the ; ed the question as Kilgo did in fact the near approach of the end. He gaid. ' presidents of all the denominational too, that so near was the approach of ' colleges did. Judge Winston declared the Sabbath that he began to fear that that he himself disagreed with Kilgo he would have to change his speech to j v r? decidedly he was a University a sermon and promised the. jurymen j man but he did not condemn Kilgo that he would not be in the way ofjfor "is position. Dr. Kilgo was taking their seeing their wives and children or j the part of the boys in the log cabins, sweethearts Sunday morning if they In referring to the testimony pre would only agree readily upon a verdict. J sented by the plaintiff against Kilgo's Coming to the discussion of the case ; character. Judge Winston said there he declared it to.be verv extraordinary.! were only two witnesses, Judge Shuford and he proposed to show it as clearly as possible. He emphasized the array of legal talent employed in the case, especially the counsel for the plaintiff. No . one is trying to run over Gattis here, he said, and no one wants to im pose upon him. Even if there was a disppsition to do so he had ample eoun selto project him so far as his miscon duct did not lay him liable. Judge Winston ridiculed the idea stig gejred by the counsel for plaintiff that there was an arraying of the rich against the poor in the conduct of the trial or that the rich should be favored as against the poor. . All, he said, are on a uead level. Manhood and honor were the only prerequisites for an equal share of the rights' of citizenship. When God made man he niafc more of those he lovedbest hence" the predominenee of the noor. t He charged Major Girthrie's argu ment for plaintiff with slaving Jjeen es pecially pregnant with "elass-prejudice. Said he (Guthrie) toofe the lion's skin of the American Tobacco Company and put it on an ass's frame. The Gattis vs. Kilgo ease was rep resented by Judged Winston, as differ ing materially from' Any thing hereto- fore in North Carolina jurisprudence t He reviewed the history of the case to show that it has been unjustly saddled on Granville- county. The plaintiff don't live in Granville, none of the de fendants live in Granville, the offences complained of are not charged to have .been committed in Granville county; but in the Washington Duke building at Trinity College. He called . over a list of the witnesses, all of whom had been brought to Oxford by the plaintiff, designating the home of each, and ex claimed: "Xo! not a single solitary wit ness has his home in the good old county of Granville named for the Earl of Granville way back in the sixteenth century. Where does old Granville come in this case? I will tell you, she pays the freight! Libel suits don't flourish in Granville county or in j.orth Caronna, said Judge Winston. There was one case tried something like this once, but it. went out of the court. In impressing upon the jury some idea o the court expenses piled up in that county by the suit he referred to the twelve days through which the former trial continued and the six days already consumed by the one pending. The magnitude of the evidence heard and then excluded was referred to, the as sertion being made that the Judge's rulings , in this respect had wiped out any vestige of. support which the case of the plaintiff might have had before. The suit is a twice told tale, "a last year's bird's nest," "the last rose of summer." Tnis is the reason, said Judge Win ston, that we laughed while . our breth ren of the plaintiff's counsel eulogized a "dead corpse ' with living eloquence." All their eloquence , can't galvanize it into life. IIe reviewed Dr. Kilgo's record prior to his coming to North. Carolina in 1894. How he came from a line of preachers, worked, himself tnrough col lege, entered the University, was made presiding elder o'f his district, called to perform the arduous task of putting Wofford College on its." feetfinancially, performing the task with so much suc cess tnat the college trustees honored him by electing him ta a chair in the college. Then how he was sent to the general counsel of his church and his fame spread abroad. Of the going of i committee of three from North Car olina Methodists to ask him to come to TTis- state. Trinity was in trouble. One honored president had given up the work another had trie- and laid aside tue mantle. There was discord in the ranks. A man was wanted to be put in the line Of fire. -They told Kilgo he was the man. '' lie came and took up the work. Then his path and that of Gattis crossed. . Gattis said. "I am glad cto see you Brother Kilgo," and Kilgo said. "I am glad to see you Brother Gattis." Af ter a while Gattis told Kilgo he wanted to be colporteur. He told how Kilgo $15,000 ! ovation with which I South Carolina Methodism received Kilgo on the visit Declared to various brethren that Trin ity trustees had made no mistake: in electing Kilgp. Extolled Kilgo every where.. Judge Winston then told of a change which came over Gattis' dreams. His chambered conversation with Rev. Underwood and others ot tue brethren, his confidential conversation with Juiftge Clark; pictured Gattis camping on, Kil go's trail, and yet Kilgo had done him no harm and an immense amount of good. Gattis had only one excuse-? he and jjT. Kilgo mdn't agree about state and one Ligon oi feomh Carolina. Judge Shuford admitted that he never knew Kilgo and Bishop . Duncan of South Carolina, says Rev. Ligon is one of the holiness crowd down there and is at outs with Dr. Kilgo on that score. Judge Clark had said: "Give me a month and I will down Kilgo's char acter in South Carolina." Here it had been over three years and not a single witness had been presented. He haa said ha would hoist a petard and blow Kilgo out of the Water. They (Clark and Gattis) had come into a mountain in labor and brought forth a mouse. Seventeen good and irue witnesses had testified to Kilgo's high character according to the evidence of the plain tiff, and only two against it. The Trin ity trustees had-tried the Clark-Kilgo case, and endorsed Kilgo to a . man! , He argued that the suit was not brought against all trustees because that would have shown their hand as it is raised against Trinity College. He read from the tweutjMirst chapter of Matthew as to the Biblical method of settling d it'erences between brethren in the church, showed that this was the method which Kilgo and other of the Methodist brethren had urged to recon- cile the Gattis-Kilgo difficulty. He re viewed the effort as testified by Rev. Mr. Swindell, ta. get Qattis to allow Ki.go to make a statement to the con ference admitting that be had been wrong and how finally Gattis refused because he couldn't keep a copy of the written " statement which the sneaker charged he wanted to flourish among the brethren, humiliate Kilgo, and ulti mately to use in instituting the present suit. He charged that the reason .Gat tis declined to settle the trouble in the church was that he wanted the sheckles which "Help the hurt which honor feels." The testimony - of oattis and Dr. Swindell were paralleled and Gattis de clared to have as it were sworn north and Swindell south. . ! lne Kilgo-Kingsbury episode was treated forcibly, much as by previous speakers for the defense. Gattis said Kilgo had hoo-dooed the conference and he couldn't get justice before them and they wouldn't do jus tice between man and man. Gattis and his counsel had said last year that the cigarette trust had the college and the Methodist Episcopal church body and soul. This could not be so. The church could not be thus rotten to the core. The conference had passed a resolution of sympathy for Dr. Kilgo. Judge Winston drew a picture of Gattis as leaving Durham, having his appointment changed from Warren county to Granville, where tobacco 'was raised all for the reason that he might stir up some hatred as to tobacco trusts to prejudice the suit in his favor. He came to Granville a full 'unit,nine-tenths law suit and one-tenth gospel. He re garded the Granville men as bulls and wanted to flourish the red flag and yell trusts, cigarette trust and you would walk back in the jury room for a few minutes, then come, back and libel dam ages $20,000. He represented Gattis as making a riding horse of Hester's - church, Bol lock's chapel and Granville county, and read to the jury the story from Uncle Remus of how Brer Rabbit made a rid ing horse of Brer Fox. He said. Gattis must come to Granville with his law suit to create discord and destroy peace and happiness of the people. He came infected with this kind oi small fcox, and knew he had it. He came to rely on hate anu spleen which happily the good people of . vjrranville didn't have. The case he argued ought to have been stopped in Goldsboro. : Judge Winston referred to the matter of the value of Gattis business at the time the publications complained of were made and said it was a strange thing that when Gattis was asked what his business was worth he said $10,000 and yet admitted that there was at that time only $1,01X on the tax books rep resenting the value of his property. It seemed to him (Judge W inston) that Gattis was one of these much cci plained of modern tax dodgers, and hejville Street Baptist Church today. , commended him. to his friend Josephus Daniels. He charged Gattis with lav ing slandered his own son when he said it was his -boy who gave in the taxes. In "fact - that the . plaintiff slandered everything he touched. He' touched the North Carolina conference and charsed those holy men, that they wouldn't 'do justice between man and man. ' He touched Dr. Swindell and "swore north while " Dr. Swindell swore" south." Charged that they trustees of. Trinity are against Gattis to a man, the North Carolina conference suspended him and he claimed the Western North "Carolina conference treated him bad. Said the Supreme. Court of North Carolina was against him in the recent rulings and therefore Gattis erclaimed les. but Kilgo has got the: Court hoo-dooed: well, if he has hoo-dooed all these Methodist conference and all, he ought to go ; to some great city .like New York and open a- hoo-doo shop. He could ; make money by the wholesale. ..I' want Trinity, said the speaker, to get all 'the money she: can so much een that none of her students need pay any tuition if -they are not ' able' to do so. He emphasized the fact that counsel for the plaintiff challenged a juryman -when the jury was being eni panneled because his brother was libra rian in Trinity College. This, he said, showed that- they were really nioting against the institution itself. He took Major Guthrie to., task for having said that this was an age of HOUSE OFFICERS TO HAVE ANOTHER TERM Rules of the Last House Adopted for the Pres ent Session Washington, Nov. 30. The caucus of the House Republicans was held this afternoon and the officers of the House for the Fifty-sixth Congress were cho sen to serve during the Fifty-seventh. They a?e Representative Henderson of Iowa, speaker; Alexander McDowell of Pennsylvania, Clerk; Henry Casson of Wisconsin, sergeant at arms; W. J. Glenn -of Pennsylvania, door-keeper; J. C. McElroy postmas'.er; RevH. N. Cou den. District of Columbia, , chaplain. With slight modifications .the.rula were re-adopted for the . coming con gress. An animated jdisct-residn took place over the ni!es,ut,tho. oppflsition failed to develop, c twi .3fren$th?. being . beaten k-gifdative -days in order that "the new by more than -two to one when-it polled members might Gee 4 how they operated its strongest vot?. Mr. Dalzell sub-; nun ho prepared -. to vote intelligently J mitted the resolution from the Repul- This preposition was rejected also. The licau members of the Committee on rules will remain as in the last con Rules, amending the rules so as to pro- giess except for the amendments pro vide for 9. permanent Committee on the posed by Mr. Dalzell. In addition to Census to consist of thirteen members the. two amerdmenta cited ':he resolu- a permanent Committee on Arts and Exhibibitions to consist of nine members. The latter committee is to have, charge of all. matters affecting the Louisiana purchase and other exhibi tions except those 'connected with the revenue and expenditures of the expo sitions, which will be referred to the Ways and Means and the Appropria Ferry Boat Sunk and f iftv People Drowned San Francisco, Nov. 30. During the heaviest fog which has occurred here for years the ferry boats San Rafael and Sansalito, ' plying between this ity and Sausalito in Marine county, col ONLY ONE ABSENT The Arrival of Senator Pritch ard Will Make the Dele gation Complete Washington, Nov. 30 Special. Every member of the North Carolina delegation in the House is In the city and every Democratic member was present at the caucus this morning. At present Mr. Kluttz and the two Kitchins are at. he National, Mr. Pou at the Metropolitan, Mr. Thomas at the Riggs, Mr. Bellamy at the Normandie and Mr. Small at the Varnum. Mr. Blackburn ds stilhat the Raleigh, while Mr. Moody is in Massachusetts avenue. Senator Simmons expects to remain at the Riggs for the winter, but some of the other members may change their present habitat. The Democratic members spent the day renewing friendships formed in. the last Congress,- while Sir. Pou was intro duced by his colleagues to nearly all the Democratic members. Senator Pritchard is expected to ar rive by Monday, possibly Sunday night. The Citizens' National Bank of New York has been approved as reserve agent for the National Bank of Lexington. The postmaster at Charlotte will oe allowed one additional letter carrier De cember 16. -Postmasters appointed: George Snider, at Addie, Jackson county. viee'J. C. Hooper, removed; Gay H.. Miller, at fMadv. Buncombe county, vice J. K. Miller, dead; James 8. Watkins, at Glen Inglis, Buncombe county, vice J. x . Rice, resigned. New offices are established at Amber, Watauga county, and Lookout, Macon county, with postmasters respectively as follows: Squire II. Stephens .and Andrew H. Gregory. . 1V-W jutivun --- - V- w . , -' . ... . ....... ' 5n the citv. and will preach at Fayette- mammon worshipers and rich . men . in authority. At least such was not' tine case in North Carolina. With th excep tion of possibly ; two this, state had not 3id a governor in 23 yCirs out of whom a dollar could be recovered by process of , law if they didn't choose to pay it, they not having sufficient estate. rThe congressmen are men of '" ordinary means. Even our present beloved Gov ernor Charlie Aycock had to borrow J money with which to conduct his cam paign. : ,: ; - ? ' . ' ; '.Judge Winston reviewed . the charge by -the Equity Life" Insurance Co., against Gattis that he was an opium eater and got a poJicy ; reinstated by fraudulent ; statements. He declared t tnat flU the circumstances indicated the truthfulness of the. charge. Judge Winston treated at length. the part each o' the defendants had ; taken in the acts complained of by the plain-tiit- in the suit, and argued to show that neither of them was subject to dama ges; treating the evidence or rather the lack of evidence against them at .length. And in conclusion, discussed . the ques tion of damages which he didn't believe the jury would finally have to consider. ; : i Jndce Sbaw'a Chnrje Jary . Judge Winston closed his argument at 3:40 o'clock. The jury then retired and Judge Shaw, reminding plaintiff's coun sel of their promise to connect defend ants wl'ih the circulation of the pam (Continued on Second" Page.)?' tlons Committees respective. ' "Representative Hepbtuu o'Z Iowa, pre sented a set of resolutions as a substi tute for Mr. Dakeil's measure for the purpose of securing more liberal recogni tion of members when addressing the chair, for subjecting senate amendments to house bills to the same points of or der as House amendments,-to have fpur suspension thiys a momh. instead of two, and to permit committees t bring up any bills rcnorttd by rtheni during the morning hour. Mr. tepbnro made a fiery speech iri favor of his resolutions, which was replied to by Mr. Dalzeil.' Representative -Shattuck of Ohio pour ed oil on the waters by advising the members to stand by the" rules 'which had proven so satisfaciiory. , ' Mr. Hepburn's resolutions were then put to a vote and- defeated overwhelm- inglv. To save himself he proposed tnaj the old rules should, hold good for forty tions adopted proved that the special orders regarding pension bills, claim bills and othrc private' bills adopted by the last congress, shall remain in force, setting aside certain days for the con sideration of ihee bills. The commit tee in charge of Ihe disposition of the documents of the last congress will also be continued. lided off Alcatroz Island at 6 o'clock this evening. The former k vessel was sunk. It is believed that fully fifty peo ple perished, mostly women and chil dren. ' SEDITION IN SERVIA Uprising Has Begun and Se rious Outbreak Threatened Belgrade, Nov. ' 30. A serious insur rection has broken out in the southern provinces of - Servia and is now in full progress. The authorities are almost panic-stricken, as there is no telling how far it will spread. Thus far five thou sand malcontents have taken the field and those in arms include many officers and soldiers who were formerly iden tified with the regular army. , It is un derstood that the demand made by the insurgents is that Queen Draga and her relatives be .removed from the court. The demand is followed by 'the threat that unless such action is taken the rev olutionists will increase in strength un til they are able to accomplish this end, despite the resistance that may be of fered. The anti-dynastic feeling in Belgrade is growing hourly and none will predict where it s likely to end. It is so strong that the king and queen dare not ven ture beyond the wairs of the palaee for fear' of assassination. The strongest kind of a guard is maintained, and it is said that there are fears tha: even the government soldiers about the court are tainted with the anti-dynastic sentiment. An outbreak that will result in bloodshed is looked for at any time. Cornell Students Burned Out Ithaca, , N. Y., Nov. 30. Twenty Cor nell student ; were turned out without clothing in the bitter cold last night by a lire which broke outvin -a boarding house at midnight. The house was burned to the ground almost before the alarm sounded. '" Four students escaped death by jumping from seond -story win dows into a enow bank. NO BLOOD ON THE Father of Ay res Tells a Pathetic Story Attor ney Keene Opsns for Mrs. Bonine Washinztou. Nov. 30. The most dam aging -evidence yet produced against Mrs. Bonine was brought out today just before the Drosecution closed its case, when Dr. . E. M. Schaeffer, a noted analytical cnemist ana expert, was piacea on we stand to testify as to the results of his examination of the blood spots on the articles found, in the room occupied by James Sevmour f Ayres at. the Kenmore Hotel. -Dr. Schaeffer had been given the wrap per worn' by Mrs. Bonine' during her alleged struggle with Ajres for the pur pose of ascertaining if there had been blood spots oir it. He had possession of the- garment, for twenty days and subjected it to a num'ber of crucial tests, y,a -cniA wvir.n ikfi trkdav s to wheth- j-uWtsnots on the garment the witness replied: 'JNet a spot, even the; size of a mn-head." This contention he adhered to through! cross examination and re-direct, saying that if there had been even a drop of blood on the wrapper he ..would have found it. This statement is Tegarded by the pros ecution as damagig, as the defense has contended that the blood on the collar and skirt of the wrapper proved beyond doubt - that there had been a struggle between Ayres and the defendant, ana that if Mrs. Bonine had. according to the theory k the prosecution, shot Ayres from the fire escape there could have been no blood spots on the collar and shoulder of the garment caused by the alleged flow of blood from Ayres' mouth. It was further shown by the prosecu tion today that there were torn places' under the sleeves of the wrapper, alleged to have been effected durinjr the struggle, which were, accordine t5;Dr.' Schaeffer, made after he first saw the garment, and were not there when he received it. James Seymour Ayres, Sr., father of the murdered youth, was on the stand today. He is an aged, grey-haired man, wifh a closely-trimmed white beard. He told the story of his boy's love for him and of how he (witness) had gone to Mrs. Bonine in his great sorrow, be cause he believed she was.theMestroyer He described the defendant as devoid of sympathy and the "nerviest woman'L. he pa thy ever saw. The be .. prosecution :cV4L'-ftM 0 after hearing Mr." Ayres, and the j 12.3 defence took up the'ease after the noou recess. The court room-was crowded with women all day,. . The first witness called was Lieut. Moore of the sixth police precinct. His testimony was not of sensational inter est. '. ' :'A '. Dr. Edward M. Schaeffer. was the next witness. He is a chemist and qual ifies as an expert in his profession. His evidence, while interesting, was not i any degree exciting. Following Dr. Schaeffer came James Seymour Ayres, father of the deceased. There was something romantic in his testimony. "I met Mrs. Bonine the Saturday morning following the trag edy," stated Mr. Ayres. "I had an ex tended conversation with her. I told her about my boy who was murdered. I told her that he had lost his mother when he was three years of age; I told her how dear he was to me; I told her of his moral, mental and physical qual- ilcations. I was particularly tender in thus addressing her, for I had in- my mind the suspicion that she was the destroyer of my son's" life. "The conduct of Mrs. Bonine made aii impression on my mind that I shall never forget," declared Mr. Ayres. '"She is a wife and a mother, and I ex pected sympathy from her. She inter rupted my recital once to quote some thing from Browning. She smiled, and I thought it was a conceded smile. I told her that my boy had suffered and gone and that I was suffering the greatest mental anguish of my life." Mr. Ayres described his journey to this city upon learning of the death of his son. Just as he was starting j from Michigan he was told something of the manner of the death. He did j BOERS MOVE SWIFTLY They Are Entirely Too Alert fn r ln Briricrt iui mo uiivicii London, 'Nov. 30. The correspondent of The Sun at Pretoria writes That the Boers' porwers of rapid movement and concentration still foil the efforts of the British military intelligence officers at tached to the various columns. The Boers come in as fast as the fastest scouts who are looking out. for them, and their attack is delivered befor e warn ing can be given, even in cases where the intentions of the Boers are partly known beforehand. As an example ot quick moving, he says that Louis .Botha, with 800 men. covered sixty miles in twelve hours, in order to arrive at Bra kenlaagte to help Grebeler against Colo nel Benson. '''.-' - 8 ; Army 11, Navy 5 Philadelphia, Nov. 30. The West Point cadets defeated the Annanolw eleven this afternoon by a score of 11 to 5. A more distinguished gathering never assembled to witness a foot"; ball contest. The great amphitheatre was crowded to its utmost capacity and 15.000 people were refused tickets. President Roosevelt-was given a rousing welcome. -The crowd arose as one-man and eheerf. The day was an ideal on,' tar the sport. FOUN WRAPPER not look at a paper that night, but th! following day purchased and read, all the newspapers he could procure. When he reached Washington his mind was made up about the manner of death, i Mr. Ayres was about to continue hi recital in a descriptive way when he was interrupted by! Mr. Gould, who wanted to know something of -Mrs. Bo nine's manner on the occasion in aues tion. "Her manner was calm, 'self- contained and non-commital," explained' Mr. Ayres. "She was the, nerviest' W3-, j m&n T ever saw She displayed no emotion and expressed noi sympatEy, Attorney Douglass said he had in terposed no objection to the statements of Mr. Ayres, appreciating the natureJ of his affliction, and would not , cross examine him. After Mr. Gould had said that'tha statements of Mr. Ayres were entire ly proper the witness was excused. Saying' that he might want to. call on witness later in regard to the slippers which Mrs. Bonine claims she wore the morning of jM.ay 15, Mr. Gould an-J iVounced that the government would rest its case. The usual recess was there-' upon taken. Attorney Keene mads !the opening ex planatory address to the jury in be half of the defense. He said at the out set that he would not dwell on the law governing the case except to. say that j the presumption of innocence that snr- j rounded une aeienaant was not a mere formality, but should be given full weight. --' Continuing, Attorney Keene read from the opening address of Assistant United States Attorney Taggart the the ory of th government regarding tb killing. He wetfr on .to' say that many; of those who had been guests at ' the' Kenmore had been before the jury aa witnesses. Many uore of them will ap pear .as witnesses for the defense. The speaker declared that it was a compli ment to Mrs. Bonilne, to Ayres and the others to say that khey had selected so reputable a place as the Kenmore as; a home. Attorney Keene said that Mrs. Bonine was the recognized social leaden at the hotel. She taught at least seven, young men to dance. On the evening Uhe. dances were given it, was her cus tom to so from Toom to xoom in an en deavor to induce them to attend the, 0anC9-t "1 rei egret the necessity of reviewing, the conduct of one whose lips are seal ed," explained Attorney Keene. Tho jury was informed that pn one occasion, Ayres made himself offensive to several, of the laides.' Mrs. Bonine requested, one of his friends to see to it that Ayres withdraw. He was very sensitive about this. . Mrs. Bonine was fond oi medicine and had a considerable library of medical books. She waited on several persons1 young men, married men and women when they were filck. Ayres sought ta consult Mrs. Bonine, as he naturally, would, in view of her ability, her intes- est in medirne and her interest in young men. inere was notmng in ma relations of Mrs. Bonine and Ayres that either was unwilling to break, Ayres did not desire to leave the hotel. It was with reluctance that he finally consented to do so and 'take up his res idence; at a fraternity club house taining speed," declared Attorney Keene. He asserted that the 4th of. March Ayres was noticeably under the, influence of liauor. Mrs. Bonine reprov.; ed him as she did others. The Monday; preceding his death Ayres danced with, Mrs. Bonine. The party of which Ayres was a member the evening of May 14, was boisterously drunk, declared Attor ney Keene. . lass requested" that the court adjourn, until 10 Monday morning. Adjourn ment was taken. Justice Andergon again cautioning the jurors to keep their mindo free from conclusions until the intro duction of testimony should be ended sun rhAv have hporH tha rh iirrp rf Vha court as to the law and have retired ta deliberate upon a verdict. ' FOOT BALL AT HIGH POINT Principal of the Graded School Resigns High Point. N. 'C, Nov. 30. -SpeclaU This afternoon the school's of Guilford College, and High Point played a game ' of football on the gridiron here. The score was 12 to 6 in fa,yor of High Point. Guilford had the advantage in weight, but the home boys were best in tackles. At a meeting of the school commis sioners this evening the resignation of Prof. W. C. Lane, principal et the High Point graded schools, was submitted and accepted. Prof. Lane's resignation was due to. the serious condition of his, eyes. He pursued this course on th : advice of am oculist. A resolution ex pressing his worth as a teacher and, citizen was passed and words of sym pathy were extended. , The vacancy will be filled. ; ; 0 . Mr. J. A. Tucker goes to Greensboro today to become chief clerk in the Mc-; Adoo Hotel. Mr. Tucker has had much' exserien?e in the hotel business, having been formerly with the Park and Car ronton Hotels of nhis city, for the- past year he has been -boolckeepeB- tMrv' ' J. D. Botishall. - - t. V