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Morning Bost. .. . ! . I . - - 1 1 I - - " - - " - I THE WEATHER TODAY : For North Carolina : Fair, continued cold. For Raleigh : Fair, continued coldx TEMPERATURE Temperature for th past 24 Hoars: Maximum, 40. Minimum, 29, . vol. VIII RALEIGH. N. C,, WEDNESDAY, DECEMBER 14. 1904 No. 13 11 JL it I! A ARTISA mm? F THE swayne Some Sav the Proceedings Will Have a Diffiniilt Road to Travel-Mayor After Public Building Waller's Way of Distributing Documents BY THOMAS J. PENCE Washington, Dec. 13. Special. The with the taking of the census of manu House, having voted to present arti- factures for 1905. These appointments cles of impeachment against Judge ! are provided in the new census bill, Swayne of Florida, the centte of in- i which was passed at the last session of terest in this notable case will soon ! congress. The special agents will be in be transferred to the Senate, where ' the field two months and will receive es uch with rare occurrences are attended much ceremony and formality. Although the House reached the con- elusion by a large majority vote that of Warsaw $5,000 for services rendered Judge Swayne should be expelled from in an epidemic of smallpox in hospitals the bench, there are some people of j at Goldsboro during the war. more or less prominence who declare j Whitehead Kluttz of. Salisbury ar that the proceedings instituted' in the j rived in Washington today. He will go popular branch of congress will have j to New York tomorrow with his father, a difficult road to travel. Representative T. F. Kluttz, to attend There is even an effort to raise the a banquet given by the Southern Socle- question or partisanship, because the ; Democrats of the House, believing lucic ons i-onaua is unworxny ot . 1 C5.A J i Al u juage, voiea ior impeaenment. rinose - &eneral to Panama people who are contending that, Judge j. Prof j. A Holmes, who was direc wayne should not be impeached em- ! tor of the department of mines and phasized the assertion that impeach- mInIng at the St. Louis Exposition, ment would never have resulted in arrived in Washington today. He will the House if nothing more than his ! leave for Ralelgh Thursday to attend judicial conduct had been under in- a meeting of the state geologoical vestigation. The fact that he took his j board profe Holmes says Mr. full expense allowance, they declare, Brimley and his assistants have made cannot be endorsed,, but they assent fine progress packing the North Car that his impeachment would result in olina exnibita, and that they expect to an invitation to many federal judges , complete theIr WOrk in about ten io coninouie io a conscience iuna ana that it would be impossible to follow up every case. It will be recalled that Judge S wayne's counsel attempted to show that other judges followed this ustom, but the committee held that A 1 ! 1 i. . A . A. I . J 1. J A t ine pui oi omers uiu not jusuiy ami i m his conduct, and excluaed such evidence. The view of the Swayne case just related was emphasized several times today, by prominent Republicans. In the House more than sixty Republi cans voted against the resolution for impeachment, although it is doubtful if all of them would have done so"had there been a roll call vote. All the North - Carolina representatives voted for impeachment.- In fact every Dem ocrat was arrayed on that side. As many Republicans as Democrats be lieve that Judge Swayne is unfit to sit longer on the bench, and they are of 1 .. J A - A. A A.- 1 3 A? A 1. I the opinion that two-thirds of opinion mat iwo-imrus oj. luc , senators, when they have heard all a t A. 1 1 A. me eMaence, wiu iaKe mai view. g reflected to considerable extent in - SaKchurs Claims for a Public Building congress, namely, the proposition to ob- ' . ,T , . .. . . Nam some governmental control of rail- Mayor A H- Boyden of Salisbury road and fares. Mr. Bacon of .pent the day here for the Ppose organization f presenting data to the House com- ... ' . , , t Y w ii j js of shippers throughout the country, was mittee on public buildings and grounds , . . ,, JAi , u r oi5ovr,r k 'again before the committee and was v ith reference to the Salisbury pub- V.c building project. A statement of objected to a rapid fusillade of ques SalisburVs claims in support of the j tlons from Chairman Hepburn of the l.iir appropriating $75,000 for a publtc ! committee. The hearing did not resmt VjiMing there was filed with the com- j in an definite action or understanding. mittee. This paper dwells on sans- 1 bury's rapid growth as a city and city ites the fact that the local post office is eleventh in the state in point of receipts and eighth in point of amount of money order business. Mr. Boyden, who if? one of the most sincere admirers of the late Senator Ransom, is very much interested in the movement inaugurated by the Morning Post for the erection q a monument by popular subscription to the memory of the lamented statesman. "I hope to i-r-c the monument take practical shape In the near future," said Mr. Boyden today: "for I believe that there is a gfueral feeling throughout the state that such recognition should be given th memory of this great statesman who rendered his people such magnifi cent service. Only a few days ago I tt-as in the company of a party of gen t!c:ren, one of whom said he would be gl'id to contribute $00, and others say $lf" r. piece to such a worthy cause." Charges Against Postmaster Waller Specific charges of- a most serious character, made under oath, affecting Zeb Waller, the nominee for postmaster Burlington, were received today by Senator Simmons. The charges are so specific and of such a character that the senator decided to ask for an inves tigation by the post office department to ascertain their accuracy. Among other things, Mr. Waller is charged with destroying literature sent through the Burlington office by his political op ponents. The formal charges were call--ed to the attention of Senator Penrose, chairman of the Senate committee on post offices and post roads, this morn ing .who at once suggested that they be referred to the post office department; find this course was taken by the senior Tar Heel senator. Most likely an in spector will be sent to - Burlington to make an investigation, when an oppor tunity will be given to Mr. Waller and his accusers to be heard. There seems to be no little feeling over this contest. Since the appoint ment was transmitted to the Senate a flood of telegrams have poured in on, Senator Simmons, who is a member of the post office committee. Each "member of the House has been osked by the census department to sug gest names for appointment as local special agents in their respective dis tricts to do field work in connection IGURESIN imp eachmt of Salisbury Looking Interests-Postmaster $3 per day without expenses. - Representative Thomas has introduc ed a bill to pay the heirs of J. B. Owen ty of New York. ti QoMfo tftB nation of H. A. Gudger to be consul days. The annual report of the superin tendent of immigration shows that the total immigration to the United States last year was 900,000. Only 4 i per cent, of the total 34,645 went south of Mason and Dixon's line, This fact is considered highly significant in view of the effort now agreed upon to direct Immigration to the southern states. n FARES AND FREIGHTS H e art ng ; Before a- Co m m ittee of the House Washington, Dec. 13. The House com mittee on interstate and foreign corn- merce today resumed consideration of tne subiect which is attracting such widespread attention in the wst and At " "ol"u,-u Chairman Hepburn started in by ask ing Mr. acon a number of questions apparently designed to bring out wheth er Mr. Bacon or his organization was cognizant of the efforts intimated to have been made by the interstate com merce commission to push the agitation in behalf of the pending legislation, and whether the organization was a party to that alleged movement. Mr. Bacon's answers were all in the nega tive, including a lack of knowledge of the intimated action. . Chairman Hepburn asked Mr. Bacon what were the serious evils which the shippers complained of at this time. Mr. Bacon replied that there were two evils, relating to the rates between competing points and the rates given competing products. Above those, how ever, was the question of the general rise in railroad rates extending over the past four years. Mr. Bacon said that in year 1903 the increase over 1S39 had amounted to $155,000,000. He said the burden of this increase fell upon the consumers who bought wood, clothes, fuel artd manu factured products. Mr. vBacon drew a distinction between the complaints of the shippers and the complaints of the public at large. The shippers were aggrieved mostly at dis crimination, but were in sympathy with the consumers, who. felt the burden of the increased rates. The hearing was concluded by the arrival of the hour of 12 o'clock without action being taken by the committee. WHITE AND YELLOW WAR A Small Outbreak Expected on a California Ranch San Francisco, Pec. 13. A special from Rosville, Placer county, says that Avar between the whites and Japanese is apt to break out tonight over the renting of eighty acres of L. L. King's fruit ranch to Japanese. King could not rent the-ranch' to whites, so he rented a portion to the Japanese. The result was a great outcry, and -a dec laration was madeithat if the Japanese remain King's N barns will be burned and the orientals driven out by force. A mass meeting "has been called for tonight and if the residents are wrought up bj' incendiary speeches trouble is sure to come. . . King went to the state capital today to get aid from the governor. - King1 declares that the Japanese-are fully armed and know their rights. He says if any attack is made upon them, they will shoot to kill and much bloodshed will result. ' MORE WEEVIL EATERS Colonies of Ants Imported From Guatemala New Orleans, Dec. 13. In srite of the unfavorable reports regarding the experiments with the Guatemalan ants, imported into this country for the de struction of the cotton weevil, a sec ond consignment has reached here con sisting of thirty colonies. They cama in charge of Guy M. Collins, of the United States department of agricul ture, who was sent to Guatemala by Secretary Wilson four weeks a: era to collect more of the ants. Mr. Collins says that he had no d.flicuiiy in ac ting them. Indeed he could have coir lected a much larger number. if he had had the means of transporting them. The ants are abundant in Gautemala and cotton weevils are unknown wher ever they prevail. The ants will be shipped at once to the United States experiment station at Victoria," Texas, where the first colony has been for some time. While government officials declare the ants a success the farmers do not take the same view, but declare that the weevil can not be exterm inated in this way. A CONSPIRACY Prccution's Case Against Nan Patterson New York, Dec. 13. The trial of Nan Patterson on the charge of having mur dered Bookmaker Young took a sensa tional turn late this afternoon, when, the prosecution laid bare what it ex pects to prove. It was this: That Young was killed as the result of a con spiracy between , J. Morgan Smith. Nan's brother-in-law, his wife, Nan's sister, and Nan herself. It was de clared by Prosecutor Rand that it would be shown that the disappearance of Smith was brought about through the connivance of Nan's counsel and her. B USINESS Pm OF MINNEAPOLIS Flames Raging and Six Firemen RilledLoss Four Million dollars Minneapolis, Dec 14. 1:30 A. M. A fire that started in the photograph shop of Heck & Co., located at the corner of Fifth street and , First avenue south, at midnight, soon spread at the Bou tell Furniture Company and other ad jacent buildings. The fire spread with lightning-like rapidity, and it is. esti mated that the loss at this hour will reach $4,000,000. ' . Mrs. Chad wick Has Gone to Pace Her Accusers She Will Make a Fight in the Courts--Tells Reporters All HerObligations Will Be Paid and the His tory of Her Case Published New York, Dec. 13. After hearing that the grand jury of Cuyahoga coun ty, Ohio, had indicted her on two counts for forgery, and that if she obtained bail she was certain to be rearrested, Mrs. Chadwick decided this afternoon to go to Cleveland in answer to the federal warrant from that city. SJie waived examination before Commis sioner Shields and left on the 8 o'clock evening special for Cleveland in charge of two deputy marshals. Three secret service men also went along. Mrs. Chadwick is due to reach Cleveland at 11:10 tomorrow morning. She said that she did not intend to give bail there. "I hope you will take me to the jail when we get there," she said to United States Marshal Henkel. Sitting in his office with her lawyer, Carpenter, just before her departure, she asked to see the reporters.. They filed in in a body and Mrs. Chadwick looked them all over. There were no traces of illness about her. She talked in a rasping voice with a slight imped iment of speech and regardless of gram mar. , " "I am going home for the sole purpose of facing my creditors and facing what ever charges they have against mei" she said. "I am going back voluntarily and not because I could not obtain ball. I have had ball offered me by - many prominent persons. Today it was . of fered me by one of the most prominent men in this country. He said that just father at the instigation of Nan. It had been contended by Mr. Rand that the killing; had bee planned, but he later modified this itucment by saying that Young was . killed as the result-of-a conspiracy to dp Young a wrong. It had been contended that when Nan got into the cab with Young her scheme was to threaten him and hold him up for more money. A number of wit nesses were examined today, but noth ing of importance was adduced. HAD OTHER BUSINESS Why Keller and Cunningham Lost Government Jobs Washington, Dec.f 13. It was an nounced today that the following dis missals from the public service had been made: , J. C. Keller of Cleveland, Ohio, presi dent of the National Association of Letter Carriers. , Frank Cunningham of Omoha, Neb., president of the National Association of Free Delivery Carriers. The announcement was made at the cabinet meeting, by Postmaster Gen eral Wynne and -the orders of dis missal were approved by President Roosevelt. J. C. Keller was ordered by the post master at Cleveland to report for duty, having been absent. He replied that it would be impossible to comply with the order, at that time. He was then ordered to show cause why he should riot be dismissed from the ser vice for insubordiantion. Three days expired, and Keller made no answer at all. Thereupon he was fired. Frank Cunningham has been under charges for some time. He was dis charged today for "continued absence without leave," for "pernicious politi cal activity," and for violating the order, of . the department relative to carriers mixing in politics. Any member of either the City Car riers' National Association or the Rural Carriers' National Association found guilty of subscribing funds to pay the expenses in Washington of J. C. Keller of Cleveland and Frank H. Cunningham, president respectively of the two bodies named, will be dis missed from the postal service of the United States. This was the sub stance of a statement made by a high official of the post office department who is. fully advised as to the inten tion's of Postmaster General Robert J. Wynne. Six firemen are reported killed by falling walls. The entii fire depart ment is now at the scene and help has been asked of St. Paul and Stillwater. On account of the intense cold the fire men are laboring under terrible difficul ties. A strong wind is carrying sparks and flames toward the business section and there is no possibility of checking the flames for some hour3. a wire would bring him here immedi ately. Isn't that so? Mr. Carpenter.". Mr. Carpenter said it was so. No names of prominent men were offered in evidence. Mrs. Chadwick went on: T am going home simply because there is my place to be, and I shall not give bail after I get there. I have the best motive for not giving it. The his tory of my case, will be published from beginning to end. -Nothing will be kept back." "You will call names," suggested Mr. Carpenter. "Yes, I shall use names," continued Mrs. Chadwick. "It will take months to get this statement out. It certainly will not appear until every obligation I have is paid." "Have you anything to say about the Carnegie notes ?" she was asked. "I am not here to answer questions," she replied. "I have nothing to sayr about Mr. Carnegie." Lawyer Carpenter asked District At torney Burnett if there was any cer tainty if Mrs. Chadwick would not be arrested if she gave bail. Mr. Burnett said he could not promise. ... . Mrs. Chadwick, it was learned today, Cleveland. Quite a crowd was at tb.e" station when she arrived. She asked Marshal Henkel- to be allowed a private drawing room in the sleeper. The mar shal said that would be all right, but when she asked if she could lock the door of the drawing room on the inside t he two deputies assigned to accompany her demurred. One of them will sit up all night by Mrs. Chadwici's berth. Mrs. Cleveland, it was earned today, has every intention of making a fight in Cleveland. The federal authorities say that in order to convict her they must have Mr. Carnegie present to tesT tlfy. He will not be there because his doctor sent a certificate saying he was too ill to appear. Dr. Garmany, who is Mr. Carnegie's physician, said that Mr. Carnegie would probably take a trip to Florida before he could go to Ohio. ONFIuE HOBBIILE THE SECRE TS Throats to Be Cut and Bodies the Penalty for Divulging-A Married Dead Women and Acted as Proxy for Dead Men Marrying Living Wives Washington, Dec. 13. At the Smoot hearing this morning the blood curd ling oaths that were taken by candi dates in the "Endowment House" were for the first time officially revealed. The witness was B. H. Wallis, a former Mormon, who had gone through the ceremony. He said he was a native of London, joined the Mormon church there in 1851, and came to America in May, 1890, and to Salt Lake two years later. He has had three wives, but only one at a time. He denied emphatically that he was a believer In celestial marriages. He admitted that he was four times mar ried in the Temple to dead women, and was "sealed" to his present wife, "for time and eternity." At other times he stood as substitute for dead men married to living women. Attorney Tayler then questioned Mr. Wallis as to the ceremony of the En dowment House. The witness rose in his chair and said that the first "Aaronic oath" was that the witness swore that should he divulge its secrets he consented to have his "throat cut from ear to ear and his tongue torn from its roots;" the second was that his "breast be cut asunder and his vitals torn out;" the third "that his body be torn asunder and his bowels gushed out." Each of these oaths, as the witness spoke them, was accompanied by sug gestive gestures which were part of the ceremony. He said that other oaths bound the participants to give all Tine Moose Iffipea Resolutions Adopted Without Division After a Decisive Vott on a Motion to Or der the Previous Question-Views Express ed in Debate Washington, Dec. 13. More than two-thirds of the House today voted to pass the following- resolution report ed from the committee on the judi ciary: "That Charles Swayne, judge of. the United States court for the northern district of Florida, be impeached for high crimes and misdemeanors." There was no division on the passage of the resolution, but on ordering the previous question the vote was 198 to 61. No demand was made for the yeas and nays. This action followed five hours debate by members of the com mittee on the judiciary, who are di vided 9 to 8 upon the question of Judge Swayne's guilt of the charges preferred against him with one exception, that he falsified his expense accounts and received money on these certificates to which he was not entitled. Palmer of Pennsylvania, chairman of the special committee which investi gaged the charges against Judge Swayne made at the last session, Mr. Lamar of Florida, Clayton of Ala bama, Henry of Texas and Powers of Massachusetts argued in favor of im peachment on all the charges, while Messrs. Littlefield of Maine and Gil lette of California .defended Judge Swayne's conduct on the bench as justified by the law. and entirely within the jurisdiction of the court. In clos ing the debate Mr. Lamar gave assur arce that, did opportunity offer, he would substitute on the floor the charges he had made last session, that Judge Swayne was an arbitrary and corrupt judge. Messrs. Palmer, Jenkins, Gillette, Clayton of Alabama and Smith of Ken tucky were appointed a committee to notify the Senate of the action of the House, to inform it that it would sup port the resolution by proper articles of, impeachment, and asking it to take order in that case of requiring Judge Swayne to appear and answer the charges. The appointment was author ized of a committee of seven to pre pare articles of impeachment for the action of the House. The .action ef the House today was jn effect the vote of a grand jury to indict Judge Swayne; the articles of impeachment will be the indictment, and the committee- that prepares them will probably be selected, as managers on the part of the House to prosecute the case in the Senate. Mr. Henry of Texas discussed the points of legal residence, contempt proceedings in the land cause and Judge to OATHS TO GUARD OF Rent Asunder as Witness Who their substance to the church and tq Observe chastity. One was an oath of vengeance, which he gave out as follows: "I solemnly swear never to cease to importune High Heaven to avenga the blood of the prophets upon the nations of the earth." (Then followed quotations from Revelation, sixtli chapter ninth verse.) Wallis said that about seven or eight months -ago he served formal notice on his bishop, George R, Em ory, of his severance from the church. He also talked , to C. M. Owen, who prepared the case against- Senator Smoot. He was a shoemaker to Owen". As he felt himself aggrieved at the church, he told his employer his troubles. On " cross-exhmination, the .witness said he' took the. Endowment vows as a sort of vaudeville performance a huge joke. He regarded them as hav ing no solemnity and alleged that others also regarded them as a joke. George H. Brigham of Provo, Utah, a teacher in the Brigham Young Uni versity since 1891, was sworn. He testified as to the course of study and nature of the institution. "Are you a polygamist?" asked At torney Tayler. "I have two wives," was the reply. "I married the first in 1874, and the second in 1885. I have thirteen chil dren, four of them by my plural wife since 1890." Witness testified that Smoot was a trustee of the University, and also a member of its finance committee. Decides Swayne's expense accounts, arguing that each and all demanded the im peachment of the judge. Whether or not Judge Swayne had been guilty of the offense charged against him, Mr. Powers of Massachu setts said, it was not for the House ta determine. That was the function of the Senate which under the constitution had been ordained to try the case In the event that the House decided that probable ground existed for the charges. Which of the articles should be select ed for the prosecution was a question for future determination. The commit tee on the judiciary were unanimous in the opinion that Judge Swayne had committed at least one indictable of fense, a conclusion to which Mr. Pow ers said he had personally come with the; utmost reluctance. He did not be lieve the charge of taking several thou sand dollars from the treasury to which he was not justly entitled was the most important one in the case; that the abuse of the power of the court in the contempt cases quoted in the record was the more heinous offense, for it in volved not merely the question of money" but the liberty and safety of American citizens. In defiance of the decision of the supreme court, which he knew had been made, upon the law of contempt, Judge Swayne had punished by both fine and imprisonment. Mr. Littlefield asked Powers to point 1 . . Am a out in the recora tne iact xnai juage Swayne knew of that decision. Mr. PowersThe presumption is that every jnan knows the law; and I see no reason why that does not apply to federal judges as well as to laymen, (laughter). Mr. Littlefield And that is the only ground you have for making a state ment as a fact which is not sustained" in the record. The discussion was closed by Mr. La mar, who introduced last winter the resolutions impeaching Judge Swayne of high crimes and misdemeanors. He assured the House : that if given the opportunity he would prove, upon the floor, the truth of the charges h made then that Swaj-ne was an arbitrary and corrupt judge. Mr. Palmer moved to amend the res olution so that it will read: "That Charles Swayne, judge of the district court of the United States for the northern district of Florida, be im peached for high crimes and. misde meanors." He demanded the previous question on the amendment, and the resolution was " amended. The previous question was ordered on a rising wte, 198 to 61, and the amendment passed without a division. At 5:20 the House adjourned. Baltic Fleet HeardFrom Lisbon, Dec. 13. A telegram from Mossamedes states that twenty-one ves sels of the Russian Baltic fleet arrived there today. Mossamedea is a town of the Portuguese colony of Angola, on th west coast of Africa, and has a fine harbor. H0U
The Morning Post (Raleigh, N.C.)
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Dec. 14, 1904, edition 1
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