Newspapers / The Morning Post (Raleigh, … / May 15, 1904, edition 1 / Page 1
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.SEATHER TODAY I 1 U' l "TTV T ' I ' - . , ' , P,r N,r:h cirK: . . f i"Tl n n n ' n t r w'tv -I) tespdutuse: ( jj"3'- ' -I :. Jj JLLJlLi 1 V 1 1 vj J I R , . I lj Vjjjf JJ vUoJl-o I gasS ' Vol. VI RALEIGH; IT. C... SUNDAY. MAY 15, 1904. No; 78 USSIA UNEASY THE CHINESE ATTITUDE Eiit ths Most Positive Assurances are Given That Csleslial Empire Will Observe the Strictest Neutrality fta From the Front i - jjM-rror!. D. C iay 14. Upon top t the r-.rrts that Russia Is uneasy . . y o'.n Japan in tne rar east- - W.I r t most pos tlve reassurances. .w- .xv.mnv.nt - rjr u. observe the strictest neu- N,tice of these assurances 1 state department today! ues minister at rewn, wno 'Zlf C? rese government has given 1 satisfactory assurances or to observe the strictest :-"l'. ' Y I Iivst manifestaUon or Chinas -rr - atlon to abide by tne wisnes 4iU per is the outgrowtn or Cirs t-.ittated by the Russian gov- errr.t jN-ut three weeks ago. . m . m S A.-;: tr.s time uuni uiwsini, me !- fr.Kassador at Washington re I c,-i 5cretary Hay to ascertain at ,yvr there was any danger of , a jU8t reinforced from Liao Tang. It Is r-:: r vement toward Russia among MnH.0fflcially stated that two thousand troors. Mr. Hay promptly mnitary and civil officers, with Viceroy -crir-vl to Minister Conger who re-" Alexleff escaped from Port Arthur on the gratifying Information the jiek Cross train which made Its Chinese government was most,way through on the 6th Instant. ...... if m fripflttnn Ihftl It In' '.! t a lhere to its pledge to ot a r.eutral position as between r t r- .:ige rents. ' ft . . . , . - i v however th Russian r t - not ntlriv utiidM r-:h: result and later on proceeded , Mirrr ach other foreign governments j -a a w to bavins- Dressure brought i iir uron China to show thai & vio- ."3 cf neutrality would not be tol- n'.ti the rowr- lr Mr. Conger's telegram was re !rt 5!r Chen Tung I Jang Cheng. 'It Ch!tse rr.inlter called upon Act rr -"-rtary rvf state Loomls and pre- rrl the text of his government's i " r.futrallty declaration. It was as r'jjx: "At the beginning of the con It between the Japanese and Russia c imperial decree was iweud declar rr the neutrality of China. This ac- was communicated to the gov rzT,rA9 of other countries and orders ?r.t to the provinclar authorities nr.a!r.tain the strictest neutrality. ?.-r.t!y reports have been clrcu Srl !rj the new-papers intimating that f.-a 13 inclined to favor one of the Vlir-TT.t-. Baseless rumors of this rin'ter may do a great deal of mls Ii if the fixed purpose of the tTI rvernment to maintain the rr.-v? r-utrallty to the last without C .it ir.ter.tion of revoking the de- Rim'an Bravery Praised tpr.tor. May 14. Belated accounts r 5- Petersburg of the battle on the ?4l3 May x. bear testimony to the bravery of the Russian troops. crir was given to the artillery to rr their gunslghts and abandon t rirs nir when but two-thirds of res Tr.re left to each gun and the ;tr.. w?r within six hundred paces th-rv All the officers who took J in the fight assert that none of r rrn surrendered, thus contradict - f Jipanese official report. They 7 it th only prisoners taken by - were wounded men and -vr confess that they were as- v. m ... m i ueirrnn vi ine wp- klr.r cover and thus escap- of the Russian batteries 1 cellenc f .h RuMttB t - - 1 rvder made It Impossible 'tn " l;rection r riming. from Even wnicn tne ..w - ! tr- 1. . , 1 ran " J!.e Kitterie. I traJ C"' Hotliaaded Troope T H. It Is reported from ' ' early In May Admiral i tracked Vladivostok. Two Issue a proclamation commantun its I sued from the harbor, observance of neutrality. Furthermore, 2 before the Japanese quick- he - The torpedo boats bad to issue another emphatic decree on tho ;-.! ur-r cover of a fog. When subject. The Japanese minister today r c r,,rtli away ;ne flt .InoUfled the diplomatic corps of hi, ac- l-i'-- fort,, hich replied without I tion. . It m sported the Russian fleet ' ' -i .... : . j , .1 n .1- i-avostoK naroor. . . in an editorial article, states J i,ni.i rvi... Knied herself of Chinas rources and will greatly. ; I y acre- equally with Russia to neutrality of China : " and the difficulties umented by Russia's con- urow ing excitement among troops makes it hopeless to t bends of younger and more . the rr mar xone. as desired by i "". Z'l ...in In the Two minions is a gooa sum even icency 01 tne American w , . wltn the exception of a few brief : iirtt.in nri o-rmmnv Tin.. TMIW . tbs Hearst estate, tnougn one wun was succeeaea oy jot. jonn a. www, . n . t j eL From the inception .'--M.ct fa theeSonf th driven out.of their n mMml glefkm ef 8anlty oueht who has heretofore occupied the office 1 McCoy followed his 1 ' has left j7Sn free to take ; Po"by "hells. ltQ know that the conditions of vice prePidentof the Association. caroer for years and was as rapid as - n. cl" u Asfancerrny re! UndW th W ?' ?i .dJS whlch faCe Mn" Hdarat' two hundred The ..ceremony occurred at Mrs, Lo- , but unehInff power, were 51 : an ,,12 ' J tiJTZrA '9 trp5 Gnd, mllUons would not suffice. And so Jt is gan's residence and was participated not '80 good as of yore. He get to 5l f?r ZT- Zlc b,ned attack on!he..CltyuUftWV that we unhe-ltatingly declare it our In by. Miss Barton. Mw. Logan and O'Brien' with the left often, but his - J. Jll ?nf?ft? .iT.""1" 19 eTeiT ln2,cat,l0n t Arm belief that the explanation of a members of the secutive committee of blows were not clean enough to do any . m , J5 " i i " now" !n th POMeselon of the Japan- atlon ao astounding, so revolting, the Red Cross. Miss Barton's letter of harm, because O'Brien made fine OVER hot - headed among them will not get ueyona control. Carrisd a Submarine Boat c t. i . i : of ery- . ' ' thing that would have facilitated a " v" "u Vi '"a Japanese landing. Joined the troops ln.' . ' . , i Port Arthur. 'nIf Sf.HnB'w ,1 Th train whtrh pninn,i cniHnfT r ts "kin, his stomach had been: '" -A'uluutl 'u'uuu rushed through to Port Arthur from Liao Yang on the Uth when the rail- road war temporarily opened took to Pdrt Arthur a submarine boat in sec- tlons. Escaped From Port Arthur Tokio, May 14. The Japanese , occu- pje1 Kwantlencheng, half way between Klullen Cheng and Feng Wang Cheng. n-.on May 7th ,ast Satllrday. On the Uth they three hundred Cossacks on leaving Suchllcheng. and captured a lieutenant. tk.m v vinnnii nni9n uen shank Wan. They have been Rapidly Shipping Supplies - New Chwang. May 14. Supplies are; i hMIm V.a TVi m T? lla j't" "t' , sian gunooai oivouicn is ormg uismau- tied preparatory to being destroyed. " . Made No Partlcolar Imprtulon s P.i.nburff. Mar 14. A leading RuMian war correspondent, who made his escaDe from Port Arthur on the from Liao Tang a description of the v-. nv. m.nt" lie Bars a pTwerrTSaU sntly ,n "sightdepartlng; at night and returning-at dawn.--Cotnmunica- ana -k uon witn ine norm were -tn. Trie ract ,aia noi matte anj jjar flcular Impression on Port Arthur. The weather was beautiful, the bands played, and many 'people promenaded on tne Douevaras. ine mnuary ui- fibers talked of nothing but a second u nf s-hastoooL They said: "We M eht ilk. our forefathers." and th. nlveral sentiment. The correspondent escaped by meeting the train which Colonel Splrodenon naa brought through with from Liao Tang. ammunition Rumor of Thousands Killed Tendon. May 14. A telegram from Paris says that a rumor is circulated there that Port Arthur has fallen and that 10.000 men were killed during the -.'engagement. Nothing connrmatory is obtainable In London. Severe Engagement Reported Shan Hal Kwan. May 14. A report of a severe engagement In the hills around Hsiu Yen last Thursday has been received here. It lacks verifica tion, but according to It-the Russians . m lost 1.500 men Kinea ana ounuw, the; Japanese occupied the town of Hsiu j Yen. The Japanese loss is not given.. Able to Maintain Neutrality . . . ... Pekln May 14. Under instructions rmm nis jrocruiiicin., , . . t r & Tan.inMi . -- Ti ruir t,w- min!Sl" '1'",:, ' ,a1 01 y T L J .hVrM ty yesterday, to Inquire, whether the Ch-.W ...-.m.ni fit that it was note fcV"" mnlntilin nUtmlitl. ; ' . Prince Chlng replied that China m ....i, m-r- In "tHr! I neu ici unu uuiu "" - - v nnd that sne wou,d I"struct a,1 r?.ZK!::He is so Declared by Honora- emmrnin . .....v.. ... Ited to this effect. - He .immediately sent oracrs 10 u ; viceroys and governors In China to . . JtMM mm promised to memorialize tne inrone Fierce Bombirtlment at Dalny ,fflV ii lAdmIral Katao- iwc -i - y . t th thlrJ Japanese squadron. l K ucw " V'"" f ftf th: began a flf rcf bombardmenl . of the - - - of Dalny th morning. The Ststmert Being Searched Nlnl-Novgorod. May 14. Steamers on 1 Volga are stopped and searched before passing the bridges, on suspi cion that Japanese agents may be on . board with th Intention of blowing j them up, which would Impede the pro gresr of trains bound for Siberia. Sentries on the Syzeran bridge re cently fired on steamers for not stop ping when ordered to do so. Mutilated Japanese Dead Tokio. May It A correspondent of the Kokoumin Shlmbun of Tokio, who is with General Kurokl, has rade the charge that the Russians . mutilated Japanese dead at the Talu river. He says that-when the detachment of the fourth regiment of the Imperial guards, which occupied Kasan, received the counter attack from the Russians. three Japanese soldiers fell Into the .three Japanese soldiers hands of the enemy and were taken prisoners. The mutilated corpse of one of them. named Tatsuklro Watanabe. was after- wards found, according to the corres- nnnHant l . u i wciiiu. .7? ieet "aa. "een .cuu. ins 3 r .r ,v . ' 1 oe- '1 T7 " . " ",c,t , . uui wuea ilia corpses ui iue three were rolled over the bank only that Watanabe caught on a tree, the others falling Into the river.". The publication of these charges has caused intense indignation. Heavy Bombardment at Dalny Chicago, May 14. The correspondent of the Chicago Dally News at Chefoo cables that when the despatch boat Fawan arrived oft Dalny early today "avy oomDarament was in progress, As the channel was thickly mined by the Russians, and the Japanese Ad- miral. Katoaka. had issued strict or- Jrs that non-combatant boats were to be "luded, it was Impossible to get imi" iuB ivaustea. nence an accu- w. S. Forbes, wnere sne naa oeen iui""6 utucinioc, maU ouui uug rate report of the proceedings is lmpos-' visitor. She was to have been a guest j nominee of the convention, whomso slble. i f the Deen Run Hunt Club today at . ever he may be. He ridicules the story As far as it was possible to ascertain . i x ' wic uimuitu cruiser i h.kuiii, iour om- er cruisers, one gunboat ana one bat- tleshlp, having cleared .the channel, en- tered the harbor shortly after daylight and began a heavy fire, which was still fc Jt 13 mated that twenty thousand uw we mvwung me wwn . -u.w im noon and are Possession of the " to that the landing 8U 50.000. Japanese troops on the Penln-1 aula. Japs Attack Railway Station St. Petersburg," May 14. Under date of MaF 13th General Karkevlch reports on .inursaay i.wjo Japanese ln- ntry and two squadrons of cavalry attacked the railway station at Pulan- "en and slightly damaged the railrord - .-ft.. "' uiaiiiicu at, 11UU1115111. x uc town Is Illuminated nightly by the t T.ii .nnv T-i. - searchlights of the Japanese- vessels In Adams bay. Another detachment of Japanese was geen on May 13th in the neighborhood Cf Pulantlen. General Karkevlch con- tlnues: "Bands of Chinese are beginning to attack our flying post stations be tween Saudtzl and the Basson high road. Large bands of Chunchuses have been seen near the station at Yantal." A dispatch . from General Pflug says: "The enemy's column, about ' a di vision strong. Is advancing on'Siuyeni vision strong-, is auyautiiiB uu oiuycu ; along the Tayanho river. It is report-f d that considerable forces are gtretcned northward of Takushan. The Coreans are destroying the tel- J egraphs between Keng Chen and Senchgin. The Japanese have blown nn tm rallwav flvp versts from Pulan- - - - - against tne Russians ana an nns ,, tians is Imminent at Dapadsiatal. for - tw t ;o versts from Kouanchenie IS HEAST INSANE? .. .. .. . bl 9 HcnrV YYatterSOn - Xouisville. Ky.. May 14. With n m 1 TT.. TTAaa.An tn mincing 01 wurua ncr iiouU, " The Courier Journal, assails the meth-i o&a empioyea oy ine emissaries 01 v. K. Hearst to secure contrpl of Ken- tucky's delegate vote. He says In part: -Qf Mr. Hearst himself, the Courier Journal desires to speak, and has from the first spoken, in terms of. personal irinno Thre are some reasons why kindness. There are some r-asons wny. we should prefer to hold him In friend-, I ""UV "r r. rerara ana none wny we snouia noi, , v ,...! That he is an insane man ougnt Dy clear fo aU who haVe watch. : J.nai ne IS an iiisiic uiau uuui uj mi may be found In the circumstance that Mr. Hearst Is mentally unbalanced, not wholly responsible for what .would oth- erwise be the most gigantic fake of modern times In this or any country." i FIGHT POSTPONED Illinois Convention Goes Over! Till Monday Springfield, HL, Mar. 14. The settle- ment of the most sensational and spec- ; jtacular fight for governor ..In the his - tory of Illinois b.s been postponed until Monday. After being in session! from 10 o'clock this morning until near- j ly 8 o'clock this, evening, and after taking nine more fruitless ballots, the: Republican state convention has agreed i to an adjournment until 2 o'clock Mon- day afternoon. The decision was ' reached after a conference of leaders of various factions, and was gladly ; j welcomed by the fifteen hundred weary JnTl t v , . ballot taken this evening was . the twenty-fourth. .The line-up then was substantially the same as it i .jj i - . ""c" auJul VULC" night, and there was no indication of Numerous attempts at stampeding umue uu8 Huiiuuu mm evening. DUl tne omy neV resu - was nreworics ror a rewrminuxes ana xnen " n8ui xUUuiuUuS, . DIED FROrW INJURIES Young Lady Who Was Thrown From a Horse Richmond, Va., May 14. Twelve j hours after having been thrown from the back of a runaway horse. Miss Caroline James of Ardley-on-the-Hud- son died here today. Her condition was hopeless from the first, collision with a telegraph pole In her fall hav - lng crushed in her skull and fractured her spine. Miss James died at the home of Mrs. their annual races. So moved were the . - i A members or tne ciuo, nowwver, mm. . affair was indefinitely postponea. unj, jclub, individually and collectively, sent flowers " In - prof uslon ,to deck her bier as a mark of their, grief. Miss James came to her death while riding Whirlwind, a. dashing brown geiamg, ine property ot mr. w. sary 0I ixss ame CONSULS EXCITED Mr. Pierce is Making Search ing Investigation Washington. D. C, May 14. Herbert H. D. Pierce, third assistant secretary of state, is causing lots of excitement among consular omcers 01 me uimcu : M 11 . TT UvJ I ln the far east. -.He left - here -" ; " -r. .t.M.h W purpose of reSLklng.an Investigation of Eurooean consulates but went right to ri, 0a h.. hV Urtlon of the . , i , . t . t . i Pslnt. a thorough Inquiry Into the . a - j many complaints that have been made against consular officers In that coun try. He will devote considerable time to attempting to get at the bottom of the charges that have been filed off i and on for several years, against John ' Goodnow, the United States consul gen eral at Shanghai, at which place' Mr. Pierce had arrived when ' last heard from. "1 RICH GOLD STRIKE - . D , American rTOSpeCtOr HaS Luck in the Camerines 1 . . Manila, May 14. Advices from the Dr0vlnce ot tne camerines report a rich gold strlke by an American prospector, 1- 1- 1 1-. AVf.ttnr no hun. v" 10 w "c " area uuu iwciny-cijiui uuutca i-vj ton, though he is using only primitive . . ... - methods. . Mr. McCuskey, chief of "the Lureau of mines, sayst he is not sur prised at the report, as his information had been such to present to tne exist- ence of rich veins ana piaccrs in w., di"iCv vnrth anfl onth The province of North and South. In.rino. I. .it,l to th southeast i u. -r"fvZLt nave magnmcent ioresis. j.nesouinern portion has many fine valleys in which 'rice, corn and sugar cane are raised, jn the mountains of the northern por- . . tion It has been known zor a long time there wcre large deposits of gold, sol- ver ironf copper ana leaa. - . . n in TO II OCOIPMCn ty J Kko UNtU . - 1 r aI. s n JJ,f rtf fk Amnrln I COlU Cl 1 ujf ui hid -muci luan Red Cross Society - 4 Washington, D. C, May 14.-Mlss1 Clara Barton today resigned the pres- resignation contained a partial review of the. work of tho organization, and, various suggestions relating to the fa-, ture conduct of Its affairs. The resig-j nation was accepted, and In addlaionj The resig-: - . . : : : ' to many individual eexpresaions of re gret the executive committee united in a letter to Hiss Barton in which they voiced their high appreciation of her good work, for, and increasing devo tion to the needs of the distressed. A meeting of the executive board of Red Cross has been called by its new : president for September 6, next. j TTriSnT Tfl llnmt EI irmri III Wnr lift w m m sr sj mm mt a . RobbeTS ASSclUitthS Man WHO t ,.. DlSCOVered Their Designs r-hin.-. c. Jl!v??V May ttemp' Snnn Llf-P wffs ! t ' ..P ft t iTtt. ! northwest. James Dunn, a rural free dea : ,uton to get mall r K-r, i. - uuuul ltt-c wa.in.cu Up the track. A few hhridred yards 1!rom tne Nation he found two railroad ' ties bound across the rails Removing f,. K.oia- ..,.4- station, but was overtaken, and at- tacked by two men and beaten almost ,nto InsenslDjlity and stabbed four times. His wounds are serious. The i -n Trr-..o j . been seen of them. WILL NOT BOLT Hearst Dtclares He Will sup port the Nominee : Washington, May 14. The Washing j ton Post will tomorrow print an Inter - VV1L" resenuiuve nearsi, in I which he denies positively the story jfrom Albany that he and his associ- . ates will bolt the St. Louis convention. iHe says he supported Cleveland and j Bryan and that he has no intention of from Albany and asserts that he has mafia Tin mmWnatinn mltli Rrvan QYifl . .. ...v. . iub wuveuuuu ij. c (Hearst) is not nominated. HOLTON DENIES REPORT ' ": -- Says No Agreement Has Been Made to Prevent Prose cutions . " Wlnstbn-Salem,r'"N. C May 14. Spe cial. United ' 'States "District Attorney Holton stated today that the report that he would make a fight to get the state convention to ele,ct him one of the delegates to the national Republi can convention was a mistake. "Why, I will be in Charlotte trying the Ashe ville - Bank cases when the national convention is In session." said the dis- trict attorney; Mr. Holton referred to a statement published that some com promise or agreement has been reached ' k,. Z"M,io0 w,t; Q " - . itn TrAvrmrir tnp nrosecuuon or tne a r prornInent RepuDlicang responsible for the frauds upon the government in the ; hand and would quickly have given revenue department. "This ' Is not any bond required for their lawyer true; so far as I am concerned," said I friends. Congressman Patterson, the district attorney, who was em- j Sherin! McLeod, Rev. P. R. Law, Editor phatlc in the statement that he would j Peterson of the Lumberton Argus, Ed not entertain such a proposition if such . itor Branch of the Red Snrinars Citizen. was made to him. Mr. Holtcn believes In punishing all who are guilty of vio lating Uncle Sam's laws, no matter what positions they hold. . steoman'ovation His Treatment in Charlotte RecalUd Days of Vance Charlotte, N. C, May 14. Special. Maj. Charles M. Stedman reached here last night from Greensboro, and to day has been holding a levee at the Buford ' Hotel.- A citizen who remem bers the days of Vance says he has never seen a greater ovation than that accorded to this grand old Carolinian J today. All--" day long a steady stream j Deotle-veterans ' and others-have ! pourin& in to see him and assure him of their regard and supportSted - , ,rtWQ, -man.wm ud;ue - - -days primaries BOTH ON THEIR FEET McCoy and CT Bricn Finish Six Round Bout Philadelphia, May' 14. Before a large assemblage -at ' the Second Regiment armory this city , tonight Kid McCoy j and Jack O'Brien, of Philadelphia, set tled their much mooted six round bout As was all along e-cpected the combat t .? on their tt ended In both men being on their feet They were at it from the U8e of his head, shifting It whenever necessary. O'Brien lammed McCoy In the stomach often but the latter's fine conditio nenabied Dim. to resist xne llowa. . , "" JUDGE PEEPLES v . ..... . .. Contempt Proceedings at Lumoerton When to Have Another Judge Hoar tho Hatter By WILLIS Fayettevllle, N. C. May 14. Special. Eleven members of the Robeson coun ty bar summoned by Judge R. B. Peebles to show cause why they should not be punished for contempt of court will be given a hearing at Lumberton next Monday at noon. This was the i day appointed, but Judge Peebles, after extended argument and upon the re fusal of. the respondents to file their answer, today granted their request for a removal to Robeson county. The re spondents promised to have their ans wer filed at Lumberton upon his arrival there. . The feature In -today's 'proceedings was the fact that' Judge Peebles ha three leaders of the Fayettevllle bar,' Geo. M: Rose, N. A. Sinclair and C. W. Broadfoot, as his attorneys or rather j legal advisors In this matter. The ap- pearance of these vlawyers advising the bench was dwelt upon by C. M. Busbee for the respondents. .Mr. Busbee in-' formed the court that the Robeson law yers would ask Monday, for a removal of the case to another judge since Judge Peebles was deeply , and personally In terested in the" proceedings. Judge Peebles replied thatvsuch a removal in a contempt case was , unheard of and he plied Mr. Busbee with questions, al ways addressing him as "learned coun sel." There were .spirited colloquies be tween bench and bar throughout the day. .. ..- During the afternoon. Judge Peebles threw out a suggestion which' offered a solution" of Uhe whole matter, when he declared thlat if the Robeson bar. dis claimed &nf intention1 of casting, reflec tions on him as judge then they freed themselves J of the contempt' . charge. However this was Ignored and It is evi dent that .-the accused feel that they can1 not appear to take, .water since the affair has; reached ' thfs stage.7 ; -V Intense Interest is felt in the proceed--ing. All the accused lawyers, N. - A. McLean, B. F. McLean, Stephen-Mc-Intyre, A. W. McLean, J. H. Cook, B. J. Britt, R. B. Morrison, Wade, Wish art, R. C. Lawrence, R. E. Lee and J. G. McCormick, were in court , prpmptly at noon, attended by their counsel, C. W. Tillett, Charlotte; C. M. Busbee, Ra leigh; J. Dv Shaw, Jr., Rockingham; H. McD. Robinson and J. G. Shaw of Fay ettevilleT : Nearly one hundred sturdy Robeson lans, splendid representatives of iciiiis, syieuuiu represent scotch-American manhood, were on and the venerable Dr. Norment, for mer president of the North Carolina Railroad, were recognized in the dele gation. At noon Judge Peebles announced that the hour had arrived for taking up the conten.pt matter. And at ' the judge's request G. M. Rose read the judge's rule and the accompanying Parker affidavit. Lawyer Robinson stated that a special appearance would be entered for the attorneys of the re spondents, and this very unusual re quest was immediately granted. ' An affidavit of N. A. McLean and other respondents1 was read, setting forth that they were residents of Robeson and not of Cumberland county. Attorney Tillett, on the strength of this affidavit, moved to dismiss, nrst, because , the action rose In Robeson and should be determined there. ana 'section, that the action, if any. having ; started in Robeson, the Judge had no . wirwinn hr "Your attention is '. WXZoZ" proceeding as for contempt shall be prosecuted and carried on in special proceedings to sustain a proceeding as for contempt to a naction then pend ing .in the court; in other words, the point that I make is that all of the Code of Civil Procedure which Is ap plicable to special proceedings in so far as the same can be made applica ble, in the nature of the same is appli cable to this proceeding as for con tempt " anrued Mr. Tillett. "Now we respectfUlly submit." he continued. "that this proceeding Is absolutely void for two reasons set forth in the two motions here made first, that I am not arguing that any matters of spe cial proceedings that they must be be gun, continued and ended in the coun ty where the cause of action arose,' so that the position that we take in . this matter Is that there was absolutely no action that your honor, could take in I regard to -this matter outside of the county of Robeson. It Is the general law, and every lawyer will admit, that all proceedings in causes must be had In the county where the cause of ac tion arose and where the parties re sided." He read the case of McNeal v Hodges, 99 N. C. GPiANTED 1 REQUEST FOR BAL i t . . j Will be Continued Monday a Motion Will bo Mado ' G. BRIGGS. Ton needn't labor with -that kmd of argument," interrupted the judge, "that when a case start In a county It must be ended there. There are two answers to that. This case did not ' start in Robeson, and wherever case tarts in the wrong county the law pro-1 vides that It shall be remanded to that ' county, and I have no earthly ohjec-, tions to remanding It to Robeaoo coun ty if that motion had been made. 2 Is sued to this county for convenience. Iv thought there might be some necessity) for having evidence. There Is another answer. This affidavit alleges that these proceedings were published tn Cumberland that that It admitted by your demurrer to the jurisdiction to the venue. It it be true that It 'was pub lished here, was It' not contempt In this N county as well as the other county? Forever annoy court with argument. T won't annoy yon," said Tillett. "the jurisdiction of your honor as to the matters is to conform to that coun ty until somebody demands that it shall be heard out of the county. Certainly that has been the ptaetce and! that has been the concensus of opinion in regard to the matter. "If you ever once grant that a proper suit Is Instituted, but we deny that it has ever been property Instituted, and the other action on top of that, that! - conceding that your honor had the right to sign the order you ought to make it returnable to the county of Robeson and I rely upon th case of Howarden versus Tate, 66 N-C, 421 ;they did not' say that it ought to be removed; they said it ought to be dismissed because they had no authority to issue sum mons In the wrong county." j Judge Peebles: 'The court looks at it as being a question of venue and the court is of the opinion that the author ity; is unanimous that wherever it .Is brought in the wrong county the rem edy is to remand the action to; the.. . right county. Now I say to you. If it is more convenient to members of 'the bar. if they answer that rule and let me know what is necessary, I will ad journ It over to be held t Lumberton, week after next." ' "We ask your honor to pass on these motions. It Is useless for me to de bate the matter if your-honor has form- . ed your opinion," said Mr. THlet.' Judge Peebles: "I overrule your mo . tion to remove the ease to Robesot county. I have no objection to. do so, I overrule it with the understanding that If it goes with the statement thai I offered to remove it to I Robeson county." j "Tour honor will make the entry ' that the motions are denied, and"we ex cept to each one," said Mr. Tlllet. "Motion overruled." Cotrrt offered to consider motion am a motion to remove the proceedings to Robeson county, and respondents excepted to. the overruling of the motion." ' "We declined to toaaVthM j mo tions," said Tlllet. "Respondents de clined to treat the mottona to dismiss as a motion to remove theJ-case to "Rob- eson courfl?';" "Judge Peebles, we. exoept toveach of the motions," said Mr. TWett, Here Mr. Sinclair made a sugges-' tion as to wording, and Mr. Tillett quickly asked "Who arie the attorneys in the case representing your honor?" "Mr. Sinclair, Colonel Broadfoot and Mr. Rose," said Judge Peebles, "and Insist upon their motion to dismiss ought to be interlined there," said Colonel Broadfoot. "I want t be can did and frank wrth you, gentlemen. I am1 perfectly; wlllfng for ft to go t ' Robeson, but 3L think your answer ought to be put In today with the un derstanding that the case ought to be removed to Robeson so that ws can not have any more delay. j "We Just asked for the granting ol that' action." said Mr. Tillett. "Then I will take that matter under advisement until this afternoon," said Judge Peebles. . j When court reassembled at 2:30 after an hour' reces Judge Peebles read the following order: "The court ' is of the opinion that these respondents having declined the offer of the codrt to treat their motioni ' to dismiss as a motion to remove the proceedings to Robeson oounty, cannot as a matter of right blow hot and cold at the same time and have thereby lost all right, if they had any, to re move the proceedings and the court'K . further of the-opinion that the publi cation In Cumberland county of the action of the respondent give the court Jurisdiction In Cumberland coun ty, but if it suit the' convenience of the? respondents better to try the matterf Involved In Robeson county the court waive the right to try In Cumberland county and grant the motion to re move the proceeding to Robeson coun ty to be heard at the court house in Lumberton, N. C, at 12 o'clock, noon. Continued on: Par Two.) . t 4
The Morning Post (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
May 15, 1904, edition 1
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