North Carolina Newspapers

: y:- . ;;. . ,. - - "i: w: . -V ! - i - ': Post. I r : MOHNING 1 ; - " For North Caro lina: Showers. Temperature for the past 24 hours: Max, 82; Min. 62, JtjJfcLi VoL XII RALEIGH. N. C. SATURDAY, OCTOBER 10. 1903 No. 110 Three Speeches in -tine Haywood Trial Mr. Pou Argues Skinner Vas Killed in Self Defense. Senator Woodard Con tends for t Second Degree Murder. Col. Harris -Speakin irr Thrt-e speeches were made yestefday ly counsel In the trial of Mr. Ernesc jIiyooI and argument ulll be resum- t i iiu. morning ai nine ociock. Ju.iKe IVeb.es made two points dear j - f gent forth ond ., tr,. cou, of the argument yester-. v and ,awful citIzens, . ife stated that he would charge the pecrs and equals ot i jnry that there was i.o e Mence . . , .ia , ... ... the accused, men knowing tne wean- t-: Manner was looking for Haywood f human natureand r-. the rternoon of I-cbruary M;t. ,ve u hla guilt or ltl. r r. and that the attorneys must ,rementg of the law, wnich provides e any of their argument on this ? resident of the ? ' Tn tLT,"" Wa" Wlt-hOUt county: he must be a freeholder; he '1r,7M i,U.. nift must have pild his taxes for the pre 7 prosecuting lawyers were also I , : rot to mention in their argument i viou? n? whoas I jury Hev. Dr. Tho. K. Skinner, j th n T ,r Th. nur :,th,r of the deceased.orthe widow, j " 8U" pending In he court The jpur . . . 7 ' . ' roA of nil this is to sruarantee to tne r - :; evidence Introduced before the r .-.rt th.it Mr. Skinner was young or r: !. nh or poor, small or large, mar- r rt'n or poor, smau or larsc, uiui - . . i . hQfi ;9fh.r the most ancient. Every other func-r:- i or 5 nple. or that ne naa a lamer. , . - r . t v a .i , mutt thnw snmo ia.w Mr. James II. Pou opened for the de- "V , r "h- f..-.e y.nerday morning with a speech f0 "s act s; BUJ TflVv A fli ; ii. k immemorial bulwark of liberty. A full rf thr.e hours. lie was followed by thQUSand fl ln the wilderness . ,,tor John E. Woodard of Mnjof Germa5ny no one of the Anglo : r the prosecution with a speech of i forefather could be deprived of ,;4r. hrurs and twenty minutes. Col. j hJs nfe of a Umb or denied hi3 llberty j U Harris, for the defense, be- , except by trial of tweive of his peers. l-ti hts ?iech at 5:03 and at 6 o clock j Tnere ls a my9tic power in this num- v;rt adjourned until this morning, j ber 12; u mean5 something. The num ..:. H irrU will resume his speech this ber 3 5tands for power, the number 7 rr.ir.c at 3 oe!oc. ! stands for wisdom, and 12 stands for Ta- remaining tn arguments by ; fUiine5s and completeness. God In the I- will be in the folowlng order: j ancient times, when Jacob had 11 sons. tl. J. C. I- Harris, for defence. . Mr. W. X. Jones, for defense. Mr. It.. C. Strong, for state. Mr. J. N Holding, for defense. Senator II. II Xorrls, for 'state. Maj. 8. Ci. Ryan. for defense. Senator Donnell Gilliam, for state, dpt. W. II. Day, for defense. Solicitor W. H. Daniel, for state. Co!. T. M. Argo. for defenre. -1 ! rfiar momln: and again In tfie after- , te rulershlp of the earth he divided rnn and the speakers held the dc?st he known world Into 12 parts The 12 .-tentlon. Mr. Ernest Haywood saturor:: then are complete rep . . w. w .w i sentat yes of the individual and so v:th his brothers just h"'1 . clet3P. Thc vote of one Juror is worth -.mel. and was bright and cnc?rrui . c he has been throughout the long it. Mr. Jno. C. Winder and Rev. 1 . Tho K. Skinner continue io oc Thot. I Skinner continue to oc r y --ats by solicitor Daniel as they . ftny Th man v.hQ attempts to . i during the examination of ll-;hold you responsible for your acts on j the jury Is himself a violator of law. Mr. James H. Pou was in sp.endid j The jurors are tne peers or equals of ar.d not a word of his speech was . the defemiant. He is not to be tried t. He spoke with deliberation but by ir)en Who .are above him or beneath times he raised his voice- higher hh'tl in rank1 and station. The scribes i his custom In upeaking. and Pharisees are not the men who ,p-:ln of Mr. Pou's remarks was ' rass up0n the defendant, but 12 men - r. arraignment and denunciation ( Unto himself. You should con t u h termed "the unfairness" of ; stantly remember the oath that you - ; r.--.vution. Then he reviewed the ; too k, "Juror look upon iiie defendant : :,- of thc state and contenuVd j and hearken unto Vwt Ct.t:e." He Is in : ;h defendant had made out a your charge. - p :e case of self-defcnssr. Mr. Pou J Mr. Pou then addressing himself to ;v; ith an eloquent exposition of "this case said that the prosecution : hv jury and closed asking a ver- - started out by charging the defendant acQtiittal for thc defendant with a capital crime and they will ; the sake of the characters of j wind. up by charging him with carrying : . es and the reputation cf . a concealed weapon. ' i man Never ln your recollection has a man ator John E. Woodard of Wilson, been tried so unfairly. The prosecu-..- . . ttor of his district and one of "on seemed to have read : the Bible known criminal lawyers in rong and have tJ"f eep i .v, . .(.. h darkness rather than light. ine - :,te. addressed the Jura , for the ecut0 did not .how In It. evidence ; . - ut:on in his accustomed force- mn had a pistol; - -i.-. After devoting part of hla j th did 5,ot.put In evidence the clothes t replying to Mr. Pou the speak- , he WQre; they even left to the d - t over the evidence of the state it,WA tu rnrnner: the state tended that the defendant ut- j f iUd to prove that he was . ' i in slaying Ludlow Skinner. j Hrrris has not concluded his , t --T.r. hut he- Is speaking with ' - arr.etness as he defends xthe ; ... t a f ' r of witnesses for the defense, j .Ir. JT. II. fu, rJ II. Pou began by saying In children of Israel I ?ix cities of refuge where the 4 fnr a. f human life could flee, for a. rtats the avenger should s op. , , Reused should remain there . , he was reaa ??. i Ji " vlvt" Jy. th, arcu,ed fleeing through tSe M rr! -ross the field, with relent- VZr "ady l PUb1 When the proMCU Uon fails to put thes, J:' innocence before the rongre. Yh the pr V;. ' I' h! PPle. . ...lLt,.n course the like of which for P-vj then impressed upon the r.'.rh function and duty tnai ' ;:n them. It was their rigni . .. . . ..... 'iviciiuaill nun "ho had don no wrong. The ? .i m a on or th nrW- nArHnr. nt this COUTt - irrr.iu r nil th TIPODle. 1 . . c i I . . I . it.. V An tYlf r 9 ro Kam - rrnMt' Hay r v I v. 4 v n -w w :j fTit to defend him from the " a- voluntary, sworn officers of , - - voluntary. He enumeri ll T ,hrlff and the other officers. h: Hor.or. the only superior court ctd in North Carolina by this court. The same thins Is true or the attorneys, who have been here clamoring that the blood of Ernest Haywood be shed on yonder scaffold, until yesterday. when they found that there 'was not a scintilla of evi dence to base their accusation on, are serving voluntarily and of their own accord. As for me 1 shall never prosecute a man for his life, for as I read the laws of God-and humanity the death penalty Is a rllc of barbarism. In sacred writ when the first murder was committed that man was tried by a higher than a human court and when he appeared before the Almighty and the angels the verdict was that he should live. The Jury Is the one voluntary branch of the court. Mr. Pou then described , . ...,jin accused a trial by his peers. Again, the jury is not, only the only involuntary function of this court but $et aside Joseph and substituted his two grandsons, so that the numbe should.be 12, full and complete. Eli jah set iip 12 stones for the altar when he called down fire before the worship pers of Baal. "When the blessed Mas ter came on earth he chose 12 apostles. There are tweive months In the year, 12 sims In the zodiac and the Romans established their law on 12 tables ot stone. "When Kin Charles aspired to f nm mnrn rim t r iiiiiHr i . iiie i la i u as much as the other 11, the Jury is complete and their verdict must be unanimous. "When a Jurv has reached verdict W Juror Is responsible to c,osed ,ts case without introducing the offlcer of the law who made the arrest. resides this the state has brought no member 0f tne deceased's family here to snou- wnJ. he had that pistol in nS pocket. Don't you suppose that . a . 9 porne one knows why, the very day arter nis moiners uenm, m uui emn hour when weighted down by sorrow. Ludlow Skinner placed that pistol ln his pocket and went down Fayettevnic street icwiung ior f aj ha tad not been ne r it P Jn eUher casfi the conclusion is that It was placed In ZL" on that ratal day fGr a Pur. rut this is not all In which the state h.ihSl torknesi. rather than light. ha; hed. u unfairness has not been seen in North Carolina since Gov. Tryon hung pa triots without trial 130 years ago. But not only has the prosecution been unfair, but It has been venomous and filthy. Mr. Pou compared the course of the prosecution with the Chinese custom of using "stink pots" as weap ons In war. but the speaker declared that cases were not won with such methods any more than Chinese bat tles were won with stink pots. The prosecution has assailed .and maligned every witness for the defendant. Mr Pou then poke of Slmms state. ment and of Schmitz, the sick man from Baltimore, who came here in obe dience to the demand of his conscience. T.ie prosecution then went to Balti more, he said, and dug up a bucket of filth and slime and brought it here and offered to put it upon the stand, but the stink was too great for the pure air of Raleigh and those men. Wilson. Folger and Donnell, from he gutters of Baltimore, were not put up , after' all the prosecution's talk. Mr. Pou then referred to the attack on Hocutt, another witness, and de clared that his character was proven to be good not only by the defense's witnesses but by the fact that tht. prosecution's witness said that his character was bad. A man is known by his enemies, and when a man who wished his wife was dead, a man whose son was arrested by Hocutt for coun terfeiting, and others of that character denounce Chas. B. Hocutt they do him honor. f "I am glad that Jones Fuller was wise enough to screen the woman he loved and honored from such vicious attacks. Jones Fuller knew tne char acter of the prosecution and he was right in making a bargain to keep her out of it, for when every other defers witness Is attacked in this way, is not the inference irresistible that they j would have maligrled this pure, lovely innH Tio ii I ful . n i m 1 i .v uauiuui vtuuuvii it sue naa come Into this court?" j Mr. Pou also criticised the action of the prosecution in keeping Miss Pace's name from the defense and said that a dog wa never tried more unfairly than Ernest Haywood. j According to the prosecution there are only about seven good men in this case, said Mr. Pou, and one of the best of these Is that man Sauls, who is such an infamous liar that hi3 father-in-law won't own him, and says simply, "he married my daughter." j Mr. Pou described the state witnesses from Baltimore with marked sarcasm. Referring to Simpson, the speaker said: "Simpson was enjoying himself here in Raleigh at the Legislature and was one otl those smart Alecky fellows who went around telling everybody he knew something and told so many tales that the state thought it had caughtt a ver itable diamond when he was batrired. Simpson wanted to get oacK to Kai reisrh. I am sorrv for SImDson. I wish !he was a stronger man with more char acter and less mouth." Mr. Pou then went over the list of defense witnesses. First, there was Rob ert N. Simms. and if his character was not good no man can prove a good character. Second, there ls Mr. Schmitz, who came down from Balti more; not for the purpose of getting (Continued on 5th page.) j . SHORT SESSION Fostal Department Indict ments Considered by the ; Cabinet Washington, Oct. 9. Today's cabinet meeting lasted scarcely more than an hour. All the members except Secre taries Root and Hitchcock were pres ent. The principal topic was the post office Investigation, especially with reference to the trial of the cases now pending before the courts. Mr. Paj-ne said that it was not the expectation that there would be j a wholesale dismissal of clerks and divis ion chiefs as a result of the investiga tion." Some further dismissals migM be made, he said, on the recommenda tion of Mr. Brlstow, but thus far it had been the practice to dismiss of fenders aa soon as the evidence of their corruption or Incompetency ha been obtained. It was decidedly, im probable that any large number of clerks would be dismissed simultane- ously. ' ON THE WAR PATH Carolina Foot Ball Team Gone to Play in Columbia j Chapel Hill, N. C Oct. 9. Special. The 'Varsity foot ball team left today for Columbia where the South Caro lina College team will be met on the gridiron tomorrow. Though little Is known here of the strength of the op .in tAim the Carolinians left with full assurarfce that they would return with new laurels from the Palmetto state. The following Stuart, centre; cuards: Donnelly line-up 'is given: Hester and Jones, and Captain Jone3, tnrkles: Cox and Townsend, end3; Newton, full back; Mann and Jacocks, half backs: Engel, quarter back. Man ager Smith was accompanied by the following subs: Brown, Wilson, Parker, Singletary. Berkley and Wright. Coach Olcott is also in attendance. PASSED SUNSET BARS A Good Citizen of Wilson County Died Thursday Night Wilson, N. C, October 9. Special. Mn William A. Applewhite, one of the most prominent and influential citizens of Wilson county, died at his home near Moyton last night. Mr. Applewhite had been In bad health for several months, and those near him knew that he was nearing the sunset bars of life and that he would soon pass through into the eternal beyond. He was ; a prominent Mason. He took a very "ac tive interest in the workings of his lodge and was always a regular at- i tendant upon ttie-rrie'etlngs of the grand I lodge. A true friend, a good citizen, a ! genial neighbor, he. will be sadly missei i In his neighborhood. Peace to his ashes. TALKED TOO MUCH A Federal Official Who Would Not Wear a. Muzzle Is to Be Fired "Washington, Oct. 9. Special. Hen derson M. Somerville, chairman of the board of general appraisers in New York, is to be fired by President Roose velt because he refuses to wear a muz zle. Mr. Somerville is from Alabama, and he did not like the president's so cial equality stunts at the "White House, especially when he dined with Booker T., and when he presented ne gro women to his. wife at a social func tion. The Alabamian has said as much recently and the-news has reached the White House. An article by Mr. Som erville in the North American Review, criticizing in strong language the pres ident's attitude with reference to the negro has brought the subject to a cli max and the Alabamian is to be offi cially decapitated. Moral: Federal office holders must apologize for Roosevelt's negro per formances or keep their mouths shut. CONSUL CROOKED cf Circumstantial Evidence Against Mc Wade at Amoy Manila, Oct. 9. The statements Is sued by the. customs authorities yes terday in giving the names of Ameri can consuls in China who were im plicated in the issuance of false certifi cates to Chinese coolies were some what misleading. Today it is stated that the contract found in possession of John Miller, a former immigration inspector, does not mention names but contains damaging evidence referring to the acting consul at Amoy. It says: "There shall be deducted the profits of the firm, for th taotai $49 Mexican, for the . American consul $50 Mexican, for Consular Secretary Li $50 Mexican, and' for. the interpreter $5 Mexican." The . collector of customs says he has .only oral evidence against Mr. McWade, the American consul general at Canton. DISPOSED TO STAY "i"7 '5 .... . . No Signs of Russians Pre paring to Move Out of Manchuria New Chwang, Manchuria, Thursday, Oct. 8. The Russians are taking no steps to restore the government of New Chwang to the Chinese. On the con trary, they are hastening the erection of extensive government buildings and have added another gunboat to the na val for-ces here. Reports from northern Manchuria indicate that no movement has been made toward the evacuation of that territory and Russian officials. are dis cussing the permanent occupation of the points now held as being the set tled policy. The Russian viceroy, Admiral Alex ieff, has been conducting joint naval and military maneuvers on a great scale in the vicinity of Port Arthur this week. Ninety Russian warships of all classes 'Were engaged. founFdeadInbed Sam Lumlty Supposed to Have Smothered in Bed Greensboro, N. Oct. 9. Special. Sani Lumley, a young white man who came here from Raleigh two days ago, was found dead ln bed at a boarding hous in South Elm street this morn ing. He went into his room last night and threw himself across the bed, face down. Coroner Turner thinks death was due partly to smothering. An inquest was deemed unnecessary.- Coroner Turner wired his people in Raleigh, but no word had been received from them .up to noon. In Lumley's pocket was found a letter of introduction to the Bell Telephone people here, to whom he applied for work Thursday. , Durham, N. C. Oct. 9 Special. Mr. J. J. Lumley received a telegram this morning announcing the sudden death of his brother, Sam Lumley, who was found dead in bed at Greens boro this morning. The deceased' was here up to day before yesterday morn ing, when he went up to Greensboro. He expected to go to Richmond in a few days to accept a position. . Mr. Lumley was 30 years of age and until recently was market policeman in Ral eigh. He left a vMfe; one child, three brothers and four sisters. . Dr. Shearer' st Contribution Salisbury, N. C. Oct. 9. Special. At session of Concord prebytery, held InMcDowell county this week, Rev. j Dt. Shearer of Davidson contributed , $2,500 to the presbytery, the same be ' ing the amount he had expended on ! Statesvllle College, which he also turn ed over to the presbytery. At the same session of thepresbytery Mr. J. j M. Gibbs of Statesville was placed un- der the care of that body as a can didate fcrthe ministry. A Terirllc A The Chesapeake Lashed Into Fury and Boats Tumbled in - the Waves Affrighted Passengers on the Washington Steamer Norfolk; Va., Oct. 9. A sixty-mile gale is raging along the Virginia-North, Carolina coast from Cape Henry to Kitty Hawk, and reports of very rough weather have been coming in front the seaboard, r " r : s j .- This wind has been blowing smce 3 o'clock this morning and fears j are J entertained for shipping. In Norfolk the highest velocity reached is SO rrdles, but the heavy blow outside has backed an unusually high tide into the inner harbor, and all the water front streets in the commercial districts are under j water. Telegraphic communication is seriously damaged. Two three-masted schooners are reported blown ashore off Ocean View, in the lower Chesa peake, j j Portsmouth, Va., Oct. . 9. A terrific gale struck this coast last night and is still howling out of the capes. All arriving vessels are late and their pas sengers half dead with flight and sea slckness. The rain of yesterday after noon rapidly grew into a storm which was especially severe on the usually tranquil Chesapeake bay. A si.xty mile gale lashed the waters of the bay into a fury, and at 2 o'clock this' morn ing when the gale was at its height some of' the passengers on the incom ing boats became' almost panic stricken. ' The favorite fashion in evening dress aboard the Washington steamer Nor- folk about that time was white, life preservers. The officers of steamer say that there was not a with the time any she during the gale when she was in danerer. The roueh seas which encountered in turning Smith's Point at the mouth of the Potomac (were what did all the mischief. Some of the freight got loose and shifted about with terrifying noises. Much of it was broken open. The violent rolling of the boat frightened the passengers badly, . The screams of women' and lou.djdemands "regarding the where abouts of the life preservers created fear among those who would other wise have been cool. One excited, lady J put hers on about her necK. crocKery and glassware, the wines and liquors ln the cafe and everything else break able was broken. The furniture; flew about the decks, and it was almost impossible to sleep. j- Similar experiences were, encounter- eel Goafs:.. and Iiake.diJ.6int Invasion Washington Streets Echo to the Tread of Men in Uni forms With Minstrel Bands and Othr Fan- I tastic Features $v Washington, Oct. 9. The Honourable Artillery Company of London, accom panied by their hosts; the Ancients and Honorables of Boston, arrived in Washington this afternoon in a special train and were escorted "up the ave nue" to their quarters in the Arling ton Hotel by a detachment consisting of troop E of the Second United States cavalry, two companies of restrict minute men, Lew Dockstader mijnstrels and their two bands The firspt two sections of the escort were according to program. The minstrels, in the lan guage of a blown and disgusted police man, "butted in." Major General Corbin and h aid Major Green,-clad in somber-hued fa tigue uniforms without gold lace and trimmings, were at the station to greet the visitors, and it was their indention to say something nice on behalf of official Washington just as soon as Lord Denbeigh and the H on oiji rabies and the Ancients and Honorables step ped off the train. They were sidetrack ed, however, by a slight miscaLcuja tion as to the stopping place Jof ' the train but arrived on the scene in time to seel the welcoming performed by Lieutenant Colonel Francis Ji Car mod j', late additional aide, on the stan of the governor of Minnesota, who was at the station -for some unknown rea son, clad in a glitering'full dress in fantry ! uniform with a cavalry . sabre swinging at his belt. Colonel Carmody welcomed the visitors to Washington in the name of the governor of Minne sota, and General Corbin got there in time to perform the same office for everybody else. M .;. ! Lord Denbeigh made public the fol lowing cablegram sent from New York last night and the reply received this evening: ' . - - "The King, London: "Pleased to inform your majesty four days visit F Boston most success ful. Saturday visited province. Great reception. Enormous crowd in ( Boston for church parade Sunday. Yesterday saw magnificent march and drill West Gale !M the -Coast ed by every boat coming down the bay this morning. Nobody was hurt, but the boats were all pounded and tossed terribly by the. storm. Pirates Shoot a Missionary Cologne, Oct. 9. A dispatch from Canton to the Cologne Gazette says that pirates in South China have mor tally wounded a German missionary of the name of Homeyer and a woman. The wourids were caused by revolver shots. The German consul at Canton Is making vigorous representations to the authorities and demanding redress. Lipton Sails for Heme j v New York, Oct. 9. ijir Thomas Lip ton sailed for Englaid today in the steamer. Cedric. Sir Thomas said that he "was not feeling as w.ell as he looked, but that he expected to gain strength on his way to E&iand. Sir Thomas bade good-bye to H. II. Davies, his agent in this country, and Captain Webster, who were the only persons at the1 dock to see him off. lie would not talk about the possibility of his challenging again for the cup. t CADETS TOOK TEA Sentence of Dismissal Ac companied by a Pica for Clemency Washington, Oct. 9. Cadet James G." Steese, who sfftnds first in his clafs at the West Toint military academy, and Cadet Wm. A. Ganoe, who stands forty-seventh, or exactly-in the middle of the same class have been sentenced to dismissal for misconduct. Both young men are from Pennsylvania and are members of the third class. The court martial which convicted and sentenced them recommended clemency, and the war department, in forwarding the papers to the president today for action, is understood to have endorsed the court's appeal for "mercy. Steese and Ganoe were tried for in taxation and for taking ad vantage of an academy regulation. ; Wet and Dry Fisticuff " Salisbury, N. C. Oct. 9.Special.-P. W. Brown, proprietor of the Whita Elephant saloon, and John A. Murphy had a fist fight yesterday. The trouble grew ou of a discussioo concerning the coming prohibition election and was the first fist fight of the cam paign. Both combatants have been cited to trial. . Point cadets. Commandant sent re spectful greetings to your majesty. Great cordiality everywhere towards your majesty and England. Going to Washington tomorrow and president receives us. "DENBEIGH." The king's reply follows: "Earl of Denbeigh, commanding Hon ourable Artillery Company, Wash- ington: , . . "Delighted to hear how enthusiasti cally you have been received every where, and it is very kind of the pres ident to receive you also. "EDWARD II." Tomorrow the Honourables and their hosts will leave for Mount Vernon, the home of Washington, at! 10 o'clock, and will return for luncheon at 1. At 4 'they. will be received by President Inoosevelt at the White House, and 'from that time until dinner they will 'devote- themselves to sight seeing. At 9 o'clock tomorrow evening the party Will leave ior ..NUiBaru. r xiis. TRAIN ON FIRE Gasoline Explodes and Makes I Hot Work for Firemen- j Greenboro, N. C. Oct. 9. Special. At 10:15 tonight there occurred an ex plosion of a large can of gasoline 4a a box of a freight train in the South ern Railway yards in this city. The train caught lire and several of its cars and contents, together with a number of loaded freight cars on pargllel tracks are burning. The fire men have several streams , of water playing on the flames. -The loss will be great. There was a second ex ; plosion at 10:30. Great excitem-.fi t pre ! vails." On Trail of Fugitives Manila, Oct. 9. At tne request ' of , Governor Taft. Admiral Stirling haV - dispatched two gunboats, Mhe Isla De i m a . "- A A mm mm A LTUDa ana tne .rampar.ga, io Aiuaj Samar to search the neighboring wat ers for the little steamer Victoria, with Johnson and Herman, the defaulting constabulary officials, on bcird, A coast vessel has a!sobn sent out t overtake the fugitives if posib!r- : word of their whfrf&bcitK has.. yet- ben received from an.ource. 1 . , i,. s