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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iMni them that lie had withdrawn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