North Carolina Newspapers

THE P-RES NUMBER 6061. RALEIHH, N. C, WEDNESDAY EVENING, SEPTEMBER 1, 1897. $4.00 PER YEAR. ALL CHARGES DENIED Commissioners Wilson File Ai8wet' With Governor. DECISION RESERVED. The Governor Take the Matter I'nder Advisement Col. John U. Shaw Rep resented MaJ. Wilson and Mr. J. C. L Uarris Mr. S O Wilson. It was 12:2.) today when the Rail way Commissioners accompanied by couusel and friends walked in the Executive office. After being greeted by the Governor, Col. John I) Shaw, of Rockingham, couusel for Com missioner J. W. Wilson, stated that he had come with an answer to the Governor's notice of August 24th, citing Major Wilson to show cause why hi should rot be removed from office. Col. Shaw read Major Wilson's answer and accompanying affidavits. Mr. J. C. L. Harris, who repre sented Mr. S. Otbo Wilson, then read the answer and affidavits of that gentleman. Col. Shaw then addressed the Governor from a legal standpoint. lie said the act upon which the Governor had acted was unconsti tutional; that the Commissions had a property right in the office He held that a supplemental act of '91 made the c mimission a court of record and that a commissioner could only be removed as a judge of a court of record. Col. Shaw stid that the commis sioners had been charged with cor ruption and not with being owners of Southern railway property, lie held that they could not be removed on such a charge under the act cited by the governor. Mr. Harris said Mr. S O Wilson had not made legal exceptions, but would reserve that right until the governor took action. Governor Russell then announced that he would take the answers and arguments of counsel under consid eratiou and announce a decision at a later time. There was present at the hearing Commissioners J. W. Wilson, S. O Wilson and Dr. Abbott, Col Sluw, J. C. L. Harris, E C. Smith, A. W. Ayer, M. I. Stewart and several others. Maj- J. W. WiUon's Keply. "August 30th, 18!7. "To Daniel L. Russell, Governor of "North Carolina: "Sia: You favor of the 25th, cit ing me to appear before you on Wed nesday, the first day of September, and reply in writing to certain rum ors or charges from parties unknown to me, and show cause why 1 should not be removtJ from the responsible position asChaiimanof the Kail road Commission, agreeable to section 1 of the Act creating this Commission, was duly received. "In obediance thereto 1 herewith submit this, my answer to each charge in the order as given in your letter. It is drawn by my self, and possibly free from the elegant die tion which a lawyer would have im parted, but feel sure it will carry conviction to an impartial miui'. "1. It is not true, as alleged, that I am 'the joint owner with Col. A. B. Andrews, Vice President of the Southern Railway ai.d geneial politi cal manager of the same for North Carolina in a certain piece of hotel property known as Round Knob.' "2.' It is not true 'that said hotel is worthless for that purpose except when designated and patronized by the Southern Railroad Company as an eating bouse for their passenger trains.' "3. It is not true 'that said hotel property has been unoccupied and unused for any purpose for several years past, and brought in no reve nue to me as one of its owners.' "4. It i not true 'that it was im possible to use, lease or rent said property unless some understanding, agreement or contractcould be made with the Southern Railroad Com pany to designate and patronize the said hotel as a railroad eatinghojse.' "5. It is not true as allpged 'thit 1 with the other ownpr or owners of said property have secured an agreement, understanding nr con tract frcm the Southern railroad company to abandon other rating bouses and designate Round Knob as an eating house, aud by virtue of said arrangements with said rail road that I have been able to lease said hotel property to Otho Wilson, or his mother through the said Wil son for profit.' "6, It is untrue as further alleged that I have a son in the employment of the Southern railroad compauy at my request aud that be was appoint ed over others entitled to the place by promotion under the practice of the compauy, and this was done for my accommodation aud at my re quest.' 1 hereby denounce these allegations as made to you by 'many persons' as false, and dernaud the proof. "In explanation I will state that about 1881 Col. Andrews aud myself built this hotel at a cost of about $8,000. It is not worthless as stated, but is a most convenient aud beauti ful hotel with thirty rooms, closets and baths on each floor: and was leased and run as a hold for several years with uo mealssupplied to pas sengers. The properly had not been unoccupied for years as charged, but on the contrary was leased up to last year at an annual rental of $500 per annum to a responsible partv, with uo understanding of any kind with the Southern railroad company. "In a casu il conversation with Mr. Otbo Wilson, my reeollect'ou is that I spoke of this very desirable proper y which was then vaca.it, the lease of Friscard & Co., h;ving expired, and saying that the super inteiident of the road had sent me word if some one would open and keep a good house lie would make it a dinner house; the hotel at Hi'-knry was then closed and my impression is that Asheville was not then a re gular eating house, but of this 1 am not sure. Mr. Wilsm remarked that his mother was looking around for a boarding house ani possibly this might suit her and he would go up and examine the property- this he did and on his return expressed himself as greatly leased, but said the former lessee had left the prop erty in bad condition and very dirty. I was aware of this and replied that on this account if his mother would put the place in good repair she could have it the first year fneof rent this much for the profit as charged; the message to me about the eating house was not intended for Mr. Otho Wilson or his mother, but was sent before Mr. Wilson or his mother ever thought of it and intended for any person I could get who would keep a first-class table. The management of the property was left entirely to me and mv re collection is that t never mentioned the matter to Col. Andrews uutil the trade was consumuted through Mr. Otho Wilson for his mother. "The land upon which the Round Knob property was located, belonged to John Malone, Col. Crockford aud myself This party owed a debt of about $3,000 to R H Brown of Mc Dowell county. I was the ouly one of the party now living and wis alone responsible for the debt For the hotel itself 1 paid t;,000, Col Andrews, 3, 000. Col Anc'rews in terest being about 14 of the lintel with about 10 acres of land adjoin ing before the receipt of your let ter I had no idea that any man in North Carolina seriously considered that my owuing a piece of property jointly with Col. Andrews, and held by us j dully since 1.8SI, and now rented by a widow, which beiug in addition 1 1 a summer resort was a dinner for the passenger trains of the Southern Railroai, woul 3 ever inaiy way be so construed as to make me in any form under obliga tion to the Southern Railroad. Finding, however, by your letter that there were parties who believed or pretended to believe that this was indirectly a violation of the act, I promptly, under advice of friends, to avoid 'eveu thi appearance of evil," deeded my individual interest in the property to R II. Brown for his claim, about $3,000, about the value at the present depreciation of property. This was done agreeable to section 1 cf the act t avoid any criticism, by even the captious, as to my conduct as railroad commis sioner. Feeling no uneasiness that your fairness as a judge should be so biased as to decide that with the showing made you could with any pretention of justice, remove me from the office now held by the unanimous support uf the legislature of North Carolina; for this unprece dented compliment I have never be fore had an opportunity to return thanks. "As to the charges about my son, will say that he is no minor as charged, but is 27 years old and is now oneof the oldest employes on the division upon which he is stationed. About 4 years ago the agent at Mor gan Ion resigned, my son was bis chief clerk and in the very line of proiuotiou. V. E. McBee, general superintendent of the S. A. L., was ' at that lime superintendent of that division; he had previously prom ised my son, as was told, that he would promote him at the first op portunity. Mr. McBee kept his promise. 1 have no recollection of it, but it is more than probable that 1 spoke to Capt. McBee in his behalf. It would have bee.i a most unnatural father who would have done otherwise. I believe this covers the entire bill of char ges. But there are other mat ters of rumor not in your letter, but calculated to prejudice your mind I consider it but simple justice to state the facts as to each one. It is charged that when the Seaboard system was endeavoring to give the people cheap rates that I interfered. The following is a copy of orders in the case See report of the Com missioners to the Governor, page 213. 'It appears from press reports that reduced rates have been again ordered to be put in effect from cer tain points outsideof this State to certain points within clearly cans iug a discrimination in violation of the long and short haul clause of t he act creating I hecommission. Justice to the local business of the Stale re quires of us to take prompt action It is therefore ordered by commis sion that all roads doing business withing the Stite of North Carolina shall reduce their 'ocal tariffs of passenger and freight in the same proportion us has been done by them on their through business. " "ft was my opinion then that our own folks should at least have as oood treatment as outsiders. I drew the order ami would do so agair. under similar circumstances it is also charged on the streets that the Seaboard system was unfairly dealt with by me in the mat ter ol their proposed change of line at Gaston. The facts are, thattheorder 1 as given was drawn by Capt. Be Bee, General Superintendent of the Sea board Air Line and in his own writ ing now on file in this office this office. By his request the Board adopted it, as their order, be lieving it. to be a fair solution of the matter. At least the Seaboard should be stopped from objecting. The charges as made against me are in my opinion so friv olous, that they would have passed unnoticed, had they not been consid ered as of serious importance by one who holds the exalted position that you do. It is also charged that my influence during the session of the legislature was exerted to pre vent a reduction of rates. The last annual report, submitted by the commission, with no difference of views by the commissioners, gave the rates of fi eight and passengers considered by us as 'just and rea sonable.' In support of our views a comparison of rates of all the states in the union was made and publish ed. We were sworn officers and made this report with due regard to the solein n i ly of our oaths . Du ri ng t he session of the legislature the mem bers of the commission were invited to appear before the joint committee on rait reads aud give their views as to the justness of the rales now in force. Two of us respiudel, I for one was given a iiust respectable he., ring by the committee. Iu my argumeut the rep rt of the commis sion was sustained by facts and fig ures. Nothing since has been shown to convince me that I was wrong. The i barge that it was argued by me before the committee that to re commend a change of rates would be a reflection upon the commission U not warranted by the facts; nothing of the kind was ever alluded to by me In this I am sure I will be sus tained by the committee. "In justice to myself I will say that I never entered the halls of the legislature during its sessions or expressed my views except when solicited to do so by its commit tee. "These facts have been intended to be given without feeling and in a most respectful manner and trust they will be so received by you. "Iu addition to the facts will say that the State of North Carolina has a constitution which you and I have sworn to suppirt. This constitu tion and the laws as expounded guarantee protection toitshumolest citizm. To a lawyer of your ac knowledged ability it may appear presumptuous for me to call to your attention Sections 4 and 5, Article (i of the StatcCoustilution, which r -ad as follows: " 'The following classes of per sons shall be disqualified for offices. First, All persons who shall deny the being of Almighty God . Second, All persons who shall have been convicted of treason, perjury, or of any infamous crime, etc.' See also Article 4, Section 31. Also, Article 1, Section 19 of Bill of Rights. This I will copy in full as it is regarded by every freemar as a bulwark of liberty. It reads as follows: " 'In all controversies at law re specting property, the ancient mode of trial by jury is one of the best se curities of the rights of the people, aud ought to reiuaiu sacred and in violable. ' "See also 1 4th amndinent of Cons titution of the United States which forbids any State to deprive a citi zen of life, liberty or property with out due process of law. tiee also decisions of our Supreme Court: Hoke vs. Henderson, 4 Dcvereux; Cotton vs. Kllis, 7 Jones: Bunting vs. Gates, 77 N. C ; Bnnson vs Turner. 70 N C ; llowerton vs. Tate, 70 N. C. "Legislature cannot confer on an Executive judicial powers. See Cooley on Constitutional limitations. "Act 1801, Making Jailroad Com mission a Court of Record." An affidavit signed by Mr. V. E. Mcltce, the general superintendent of the Seaboard, but formerly super intendent of the western division of the Southern, was filed. It stated that Mr J. W. Wilson, Jr., a son of Maj. Wilson, was appointed agent at Morgan ton by him (McBee) and that in making the appointment he did not consult Maj. Wilson. The affidavit further states that young Mr. Wilson was a clerk in the Mor ganlon office and proved himself competent to lilt the agency. An affidavit signed by every b'u siness man in Morgaiilou was also filed, st.u'ing that Mr. Wilson had been a most popular agent and had iiven entire satisfaction. Mr. S. o. Wilson's Answer. Commissioner S. Ollio Wilson says in part in his answer: "I have no interest in any wav in theSoul liernltail wayCompa i.y orany corporation over which the railroad commission has jurisdiction. "1 am not in auywav interested in the eating house at Round Knob. 1 rented the house for my mot her the rent she pays being repairs to the house for the first year, with an option to rent for five years at $250 per year. I have paid my board for myself and family, and have not and am not to receive one cent from :.he profits of the house. When at home I have rendered my mother such services as I could in manag ing the house. "The arrangement to have the l rains stop at Round Kuob for din ner was made by the rai road au thorities upon their own motion. '1 have been owing my mother several hundred dollars borrowed money for several years, and I have purchased furniture and supplies for the Round Kuob house and charged same to her iu part pay ment of my debt. "That affiant and family went to Round Knob for t lie summer because his wife had been in bad health, and the family physician advised this ihinge for the benefit of Mrs. Wil son. " Mr S Ollio Wilson submits state ments of his mother, Mrs Mary J. Wilson; Col A. B. Andrews, Maj J. W. Wilson, Dr. A. W. Goodwin and Messrs Wynne and Ellington to show that he is not an interested pirty. Mr. S. () Wilson further says: ' I respectfully refer to my record asCoiniuissioneras proof conclusive that I am not aud have not been in fluenced by any railroad company or any other company or corporation over which the Rail road Commission has jurisdiction. ' 'iENtlVOcTa NAME. Selected for tlie trolley Car-i-.leveu Per sons liuessed "Venus." The electric trolley car of the Ra leigh Street Railway will be named "Venus. " Of the names submitted for the trolley car eleven were "Venus," six "Dixie," five each "Cupid, "and "Queen," four each "Comet" and "Fairy," and "Vance," three "Ves ta" and two each "Argus," "Ariel" "Diana," "Gem" and "Volta." There wee sixty other names submitted, all very appropriate, but none of which were duplicates. There being such a preponder ance a nong those engaged in the guessing contest in favor of the word "Venus" as a name for the car, the eoinmittee had no work to do. The names were all numbered in the order in which they were re received. Miss Gertrude M. Thiem is the fortunate young lady who first suggested tbo name "Venus.' She will have the privilege of giv ing the first trolley party of the season. The car is now open to en gagement any night affr September 3rd. Those desiring the car should let the Raleigh Electric know as far ahead as possible. PRITGHARDS PLUCK. Physician Told Sheriff He Would Die. SCOUTED THE IDEA. Had Himsclr luken lonrleen MPcs With a 11 Calihre Hole Through His llody The Puitielllurs of the killing. The particulars of the shooting of Sheriff IVitchard, of Mitchell county, brother of Senator Jeter C. IVitchard, have Hist reocbed here. Sheriff IVitchard displayed an amount of bravery and courage throughout the tragedy which has been seldoined equaled. The mauy Raleigh friendsof the popularSherilf will be glad to know that he is on the road to recovery Solicitor Spain hour who was attending Mitchell court when the tragedy occurred gave the Winston Journal the following account of the affair: Young Garland, it seems, bad in the past year or to two developed into a desperado of no small conse quence. During the past year year and a half he had wounded four men aud one woman who had dared to cross his trail, and not long si nee lie sent Sheriff IVitchard word where he could find him any time he wanted him and added to the mes sage that the sheriff had better bring i wagon along in order that the re mains of the sheriff of the county might be taken back to Bakursviile for decent burial. A warrant had been issued for (iarland, who was only lit yens old, and the sheriff look one of his deputies along to aid iu making the arrest. They arrived at old man Garland's house early Friday morning, and nquired for Monroe. The old peo pie told the officers they would find him at his brother's house not fur away, and asked ihem to be sure to arrest him, but not to kill him, and then added that the officers had bet ter be very careful that he didn't kill them. Upon arriving at. the house the officers saw (iarland, in oinpany wilh several other young men, going out through the orchard I'hcy followed him through the corn patch and when iu a few yards of the mountaineers the sheriff ran up to within ti or 8 yards of Garland, and from the rear commanded him to throw up his hands. Garland turned to see who it was and as lie did so swunu his 44 pi tol around nnd fired straight at the sheriff, who returned ihe fire almost insluntan eousiy (at'laiiu s lirst sunt entered the sheriff's body just over his right lung and passed through his body. The sheriff 's first shot passed di rectly through the outlaw s body from left to right Again each pis tol rang out, and each ball found lodgment, thoughonly slight wounds were the results from the second exchange. Both men dropped their pistols, but the sheriff quickly re gaiued his, and leaning against the fence, with the weapon in his left hand, fired again at his antagonist, who by this time had begun to re treat. About this t.in.- the sheriff called to u deputy to finish the. job. which he proceeded to do, planting two balls in the body of Garland in quick succession. Garland climbed over the fence and fell dead. The sheriff walked back about a hundred yards to the house and fell on the porch. The scene of the shooting is about 11 miles from Bakersville and tliif distance was covered by the deputy sheriff in 45 minutes, he being moun ted on IVitchard s fleet-footed mare. A physician soon arrived and after examining the wound informed Mr. IVitchard that he could not recover, to which the brave officer replied that he had no idea of dying. The doctor told him a I indications point ed that way, but the sheriff sail he meant to live and told them to place him on a stretcher and carry him to Bakersville. The doctor declared this could not be done, but the wounded man said it could and with in the next few hours the sheriff had been carried 5 or six miles on his homeward journey. After resting over night the remainder of the jour ney was accomplished, and the plucky sheriff, with a 44 hole in his body from front to back, says he thinks he will be able to go about in a week or two, and it is Solicitor Spaiuhour's opinien that he will. The young desperado had said that as soon as he bad killed Sheriff Pritchard he nieact to make bis father deliver up $200 he had saved or kill him too, and then leave the country, and this accounts for the old people being anxious he should be arrested. RAPISTS ARRESTED, Two Colored Ilojs Captured at Wake Two llovs Arrested Here. At 1 o'clock this morning officers Faucett and Rogers arrested two colored boys answering the descrip tion of Josh Wilder aud Turner Debnarn, who are wanted at Frank lin ton on the charge of raping a 12 year old colored girl. The boys came in on the freight from Weldon early this morning. They deny any knowledge of the crime and claim Aberdeen and Cary as their homes. The sheriff of Franklin was telegraphed this morning to come and identify the boys arrjsted. He failed to arrive on the afternoon train. Unless something is heard from the FrunK lin officers the boys will be liberated Late this evening a telegram was received announcing that Wilder and Debnain had been arrested at Wake Forest. ADAMS-K1RKPATRICK. Murriage ut the Central llospitul for the Insune. At the Central Hosp'tal for the Insane last evening Mr. James A. Adams, of Scotland, for two years the ga rd ner there, and Miss Anna belle Kirkpatrick.of Orangeeounty, for years an attendant in the female department, were married, Rev Dr. Eugene Daniel officiating. The ceremony was performed in the as sembly room, on the third floor of the main building, upon the stage. The decorations were simple but effective. There was a background of scarlet drapery, and flanking the stage were pyramids of palms and ferns and other potted plants. In the bridal procession were M isses Susie Smith and Lillie Gilliam, Dr. and Mrs. Kirby and Mr. and Mrs John A Tucker. The bride, Misses Smith and Gilliam and Mrs. Tucker wore white The marriage was the first in the assembly room. The audience was composed of the staff and employes of the hospital aud 120 of the male and female patients and a few invited guests, among these being Mrs. Eugene Daniel, Miss 1'attie Montgomery, Miss Borden of Goldsborouud Col. F. A. Olds. The patients were dressed in honor of the occasion and weremostattentive and delighted with the cereniouy. At its conclusion confectionery was served to them and thev and the at tendants had a special dauce, while the bridal party and the guests. 2" in all, enjoyed an old time wedding supper, delightfully prepared by Mrs Kirby, Stewaid Crawford. Mrs VVhitaker, the matron, and Mrs Kirby 's young lady friends. Misses Eleanor and Sallie Kirby very gracefuily and attentively served the guests. The evening was de lightfully spent, ending with music in the parlor, where many of the bridal presents were displayed. There were warm congratulations for the manly groom and his loving bride, whose home is in the steward's house in the lovely grounds of the hospital. The entire affair was a graceful expression ol the high esteem iu which they are held by the officials of the hospital and reflected much credit upon the taste of Dr. and Mrs. Kirby. Adjudged Insane. This morning Justice H. II. Rob erts and M. B Barbee held an in quisition of lunacy of Thaddeus Whitaker, an inmate of the county home, and he was at once removed to the criminal insane department at the penitentiary. Some nine years ago Whitaker murdered an old man named luscore at the county home. Mr. Whitaker has been in the borne ever since, having never been tried for the killing because of his mental condition Recently he has devel oped into such a condition as to re quire close confinement, and it was decided to tiansfer him as an ad judged lunatic to the criminal in sane quarters in the penitentiary, and the necessary inquisition was held this morning and the patient removed to his new quarters. The Fin de Siecle Club will meet with Miss Adelaide Snow on Thurs day evening the 2nd of Sept. at 8:30 o'clock. All members requested to attend. , Good barbecue, cooked over a pit, and weli seasoned Brunswick stew will be served tomorrow at the La dies's Exchauge from 12 m., to 6 p. m. All orders should be sent in early. BRODIE BROKE DOWN Confessed His Crime on the Scaffold and Prayed. SWUNG AT 1:30 P. 51. The Negro Smoked a Cirgurctte Walking to the Scaffold-Negro Women He cuine l-:xeited---No llisorder at all. Special to the l'icss- isitor. Ukmo.kson. N. C, Sept 1. A very large crowd from this county and the neighboring towns assembled here today to witness the execution of George Brodie, who was two weeks ago convicted of criminal assault upon the person of MissCat lelt, of Kittrcll. The crowd gath ered early, aud as a rule con lucti d themselves in most orderly manner. There were indications of trouble, however, and so the local company was at the request of Sheriff Smith ordered on duty. At fifteen minutes past one o'clock Brodie was brought from the jail and conducted to the scaffold. The latter was in the jail yard and was masked by cotton bagging. Brodie's manner was seemingly careless. He walked with a swagger, and smoked acigaietteas he ascended the scaf fold. It was apparent, however, that hysterical fervor was sustain ing him, and when he stood over the trap and saw the rope which would end his life, the re action came and lie broke down completely. Follow ing the ebbing of his courage, came the truth from the man craven with fear. Nolonger expecting assistance from any source, he, 10 minutes be fore he dropped, confessed that he committed the dastardly deed for which he was arraigned. He fur ther said the sentence was just and he deserved death. A few moments weregitfen him for prayer, during which lime he prayed fervently, his utterance being broken by sobs, vhich overcame him. Brodie prayed lustily and suddenly a wail and cries were heard from hundreds of colored women who were stand ing around the enclosure. TheVance guards kept order and there is little doubt but for their presence there would have been disorder iu the as semblage. At twenty eight minutes past one o'clock the cap was adjusted and one minute later the trap fell and George Brodie had paid the penalty of his crime. His neck was broken and the physicians pronounced life extinct in 11 minutes The jail is situated in a low place and it was therefore possible for many of the large crowd outside to witness the xecution by looking through the bagging, by which means they could see the outlines of Brodie's shape. A Curd from Col. Olds In today's Charlotte Observer ap pears the following: "To the Editor of the Observer. "Judge Walter Clark, in a card published today, refers to the news item regarding the visit of Senator Butler and Mr. Rivers to his house. and then, passing on toother matters, says that letters written by him were taken from the hands of his servant and their addresses read. This shall first have attention. Any statement that your correspondent so looked at letters is absolutely and unqualifiedly false. The news as to the visit of Senator Roller to Judge Clark was current. The statement that Judge Clark participated in drawing the letters to two of the Railroad Commissioners was also current. In conversation with a prominent attorney, about six weeks ago, in the Supreme Court room, Judge Clark said to him that if he were Governor Russell he would remove the commissioner or com missioners, if he believed what Rus sell said he believed. This Judge Clark added Governor Russell had a perfect right to do under section 1 of the act creating the commission. Judge Clark is a public man and oc cupies a large place in the public eye and in the public prints and hence the visit to him of Senator Butler, editor of the Caucasian, and of the manager of that paper, was considered a public item. "I thank you, Mr. Editor, for your kindly commentson my news. I have always tried to obtain it honorably, to tell it as it was told me and to do no man an undeserved injury. "Fued A. Olds.