Pn Leased Wire Service of the Associated Press. Leads all North Carolina Afternoon Papers in Circulation LAST EDITION. 'T ALL THE MAjp:ETS. THE RALEIGH EVENING TIMES, 1 VOLUME 27. TWELVE PAGES TODAY. RALEIGH, N. C, SATURDAY, DECEMBER 15, 1906. TWELVE PAGES TODAY. PRICE 5c. THE RIGGSBEE CONTEMPT CASE CONTINUED UNTIL ADJOURNED TERM CONVENES IN JANUARY THE CRIMINAL STATE FIGURES Move to Quash Rule on the Ground of Jurisdiction of IL S. Court CHARGE DF CONTEMPT Ml! FACE ATTORNEY Judge Purnell Stated Thnt It Wits Only a Rtunor, So Far, but if It Wvas Shown to Be a Fact that Riggs oc was Advised ly an Attorney to Puisne Coarse He In Alleged to ize this honorable court to punish re spondent as for a contempt. "III. Answer. "With the reservations aforesaid of all rights, and without waiving any rights or consenting to jurisdiction, respondent alleges that it is not true that he has abused or uaed the pro cesses of this court to obstruct the administration of, justice in the supe rior court of Durham county, North Carolina.", Si Mr. Potftirgued that the action was not committed in the presence of the Court, and even if respondent did do what he was charged with, it did nor nialte him guilty of contempt of the United States court. He cited a num ber of opinions bearing on his line of argument. District attorney Skinner said the state court could take care of itself, and his view of the matter was. if Riggsbee had abused the processes of the United States court, then he was nave iMinmvvu. guiity of contenjpt. He stated that Would He Adjudged Guilty of Cftlt- Urhat they expected to show was that tomtit Attorney for Uiffltsbeo ; witnesses were summoned from Dnr- Feaicd Result of Case Might Have Effect on Case in Durham County Court, Hence tin ham county who knew nothing of the cases on which they were summoned: that W. T. Riggsbee uald for issuing Continuance. , lhe SUUpoenas; that the deputy mar- Several Prison. Get Terms in The Riggsbee contempt case will not be hoard until the adjourned term of ' the United States court which convenes on.January 21st The hearing was begun this morning and had beon proceeded with nearly an j Atlanta i xhal wg told Riggsbee would point out the men when ue reached Dur ham. 'Mf a man's pocket-book is large enough h-o could summon a thousand witnesses," the district at torney said, "and thus seriously in terfere with the administration of justice." Colonel Skinner read several opin ions which tended to show that the hour when District Attorney Skinuer Icase was one within the jurisdiction I of this court, and he thought if there in closing his remarks in regard towas no precedent it was time one was the case said he was perfectly willing j made. for the hearing lo be continued until the adjourned term in January if the attorneys feared the action of the court might affect the case against W. T. Riggsbee in the Durham county court. Riggsbee's attorneys at once acknowledged their willingness to continue: so it was set for the above named date. Quite a number of attorneys were in court this morning to hear the argument in the case, as it was known that the point was to be raised as to the jurisdiction of the United States court, and it was a charge very much put of the ordinary. ' , The United States court adjourned this afternoon to meet in Janu ary. This was only as to the! criminal docket, for during the com-1 ins week the civil docket wilt oe taken up. The criminal docket was larger than usual, and since soon after court convened it has been very evident that the docket could not be claatjed before Christmas, it was de cided to hold an adjourned term in January. Argument in Contempt Case. The Riggsbee case was not taken up the first thing after court con vened, but those cases which had been tried and verditfs of guilty re turned without defendants being sen tenced were disposed of. it was about 11 o'clock when the case was reached, and District Attor-! ney 3k inner started to read the rule j served on Riggsbee, but Mr. James H. Pou, of counsel lor Riggsbee, said he desired to move to quash the rule on the ground of the court not having jurisdiction. He then read the fol lowing demurrer: "The respondent, W. T. Riggsbee, expressly reserving any and all rights hereafter to object to the jurisdic tion of the court and to the insuffi ciency of the rule and to its invalidi ty, respectfully submits to the court the following as a pica, answer and demurrer: "I. Plea. In closing he said, in view of the fact that Mr. Riggsbee's attorney had expressed the opinion that the action of the United States court might af fect the case in the Durham county court, tnat he was willing for it to be continued until the adjourned term in January. . . This proposition was accepted and the case continued until January 21. Attorneys Must lie Careful. Judge Purnell expressed himself in regard to the relations existing be ; tween the United States and state i courts, and said there was a comity j existing between the two which -was not appreciated. "This court!" he i said, "is careful not to do anything ! which seems to conflict, and where the law is administered by trained ; lawyers and the law is observed. ! there can be no conflict. I remarked S when the matter was first called to , i my attention that it was contempt ay the state court, aud i am convinced now that the abuse of a process is contempt of this court, and if any attorney had been guilty of such an act he would have at once been dis barred. If the fact is brought before this court of the interference of any attorney with the processes of the court it is only a rumor so far he will be disbarred." Judge Purnell said if it could be substantiated that the abuse of the piocesses of the federa court tended to obstruct the administration of jus tice in the state court, then he would find the respondent guilty of con tempt, and upon evidence ot ttie fact, he declared that he would find the attorney who advised such a course guilty of contempt. Attorneys, he said, must be careful in regard to abusing the processes of the court. All Go to Atlanta. Judge Purnell caused a shiver to pass over defendants this morning who had not been tried when he be gan to pass sentence on several men convicted during the past few days. "Tony" Evans, the proprietor of a "The respondent, by way of plea, Inegro restaurant in the town of alleges that even if he had attempted i Greenville, who was convicted of re au act the effect of which would be tailing, got is months in .the Al to obstruct-the administration of jus- lanta penitentiary and was fined tice in the superior court of Durham i $200 and the costs. His attorney, county, North Carolina, the said nctjcol. J. C. L. Harris, endeavored to would not be a contempt of this j get his Honor to place a fine upon court, and that this courr would notjhjm, but Judge Purnell stated hat have any jurisdiction under the laws according to the evidence Evans had enacted by the congress of the United States to punish for such alleged of fence, and the respondent respectfully prays that the rule, may be dismissed for want of jurisdiction in this court. "II. Demurrer. "Respondent demurs to the suffi ciency of tho rule, and alleges that upon its face the said rule does not set out facts or circumstances which would constitute a contempt of this court, and that there being no alle gation that tho'nlloged offence was committed within the presence, verge or view of the court, and there being no allegation that respondeni was an officer Of this court, or that he had refused to obey any injunction, writ or process of this court, there are no facts or circumstances which author- been violating the law for several years and he did not think any pun ishment other than a term in the penitentiary adequate. C. A. Holt, Jr., and J. H. Holt, of Johnston county, who were convict ed of illicit distilling, each got a term of two years in the Atlanta penitentiary and were fined J200 each and the costs. County Jails Criticised. In sentencing Doc Ray, found guilty of retailing, Judge Purnell said he would not give hjm i term in jail as he had found some in such a condition as to make imprisonment in them 'indue punishment. His Honor said he did not refer to all of thcjatls, but that one, the New Han over county jail, had been proven to be in awful condition. During the hot months of July and August he said the prisoners had no change of diet only fat meat arfd corn bread. His Honor said it was fair to state that he had never heard any com plaint, in regard to the Wake county jail which, he1 Statci, was to the credit of the county commissioners. Ray was given one year in the At lanta penitentiary and fined $100 and co.-;ts. Four Defendants Plead Guilty. Quick work was made of four Pitt county ciisf? this morning. J. K. and W. T. Barnhill end also John and Sam j Wilson plead guilty of concealing and removing. District Attorney Skinner j .stated that he deemed it best lo con-j tinue his prayer fur judgment ami lye Qkltod that the bond of the Hni nhiils be fjjfpd at tl,C00 each and the two Wil sons be n leaseiUon their own rei ngni-1 znnce for their appearance at the con vened torn in January. BUSCH FAVORS INCOME TAX LAW. I (By the Associated Press.) St. Louis, Mo., Dec. 15. -Adolphusj Busch, the multi-millionaire brewer, gays that be is in favor of an income tax law. Discussing 'bat part of President Roosevelt's message refer ring to an incorue tax, Mr. Busch yesterday said: "If there were not so many stingy rich men in the United States every man with a decent income would be paying his fair proportion of govern ment taxes. "A man with money is so fortunate that 1 believe he should be respecta bly liberal. "Now, I don't want to decry men for accumulating money. That's what I call thrift. We can't have too much of it in this country. But this thing of the wealthy man objecting every time the government wants to impose a tax that may affect his in come is silly and shortsighted"." Heads List More Cases Against W: ferries Total, 10, u: Xttl Last Veal See; 1 A Retailing of Diqin tying Concealed Third. Than Xc sairisi !),- id on hist is !: i-:ilv Car .pons Comes BOMB HURLED AT DUBASSOFF Assault With Deadly Weapon! Several Shots Were Fired j FROM HAWAII FLOATS A MUTTER OF COMING TROUBLE WITH JAPAN at Him First INCREASE LAST i FAR THEN CAME THI BOMB STRONG EFFORT of July ady enbrt of or i criminal nc 1 11.1 IT: white Indians 58; niid Giiilforu I Mats Thor female The criminal stali Carolina, for the ye n 19(15. to July 1, 1.9!ti incorporation in the Attorney General R. The total number . lions disposed of wis. 1. !!!(), (olorotl; i5 9!) total !,.-. ST. JDurhn:, counties did not repoi Making difference in were S,ii2 t males and There were 0,7 Iti Convictions, 1,2 I I acquittals, 2;125 noli .;..., and '11 otherwise disposed of. The year nrecedi:ig the total was 0,584, with G.45G conviction's. Assault with deadly weapon heads the list of oftenses. with 1,566 cases this year anul,25u the year before. Next comes retailing of liquor ille gally, with 1,222 ease-, as against 1,044 last year. Carrying concealed weapon is the next most frequent of-, fehse), with 1.094 cases, against 1.101 I last year. Larceny is 1,004 cases, against 1,02 Bystander Seized the Terrorist, ami a Second Appeared He Also Threw a Bomb Doubnssoff, Though Wounded, Grasped nd Held Him Until Help Came. . , (By the Associated Press.) St. Petersburg, Dee. 15. Another a tempi on the life of Admiral Dubas Bdff, ex-governor general of Moscow, was made this afternoon, bin lie es caped wiih slight Injuries. Duhus scff was driving at one "p. m. in Ser gfyqwsaya ttfeet, on his way to the Taurida ; a luce, when two men hurl e ; a bomb at his earring". It ex ploded with nrca,t force bn) only slightly wounded tho admiral. The would-be assassins were arrested. Dtibassoff had a remarkable es cape. The terrorists made a very determined attach upon him. one can nppiourhcd the admiral, and "loc ' ver-i shots :il him will :t ve- ivolver, but missed. The FOR BARRETT To be Hanged Tuesday Un less Governor Interferes A Report That We Are to Rush Two Regiments to Honolulu WILL DECIDE MONDAY Question Is Whether or Not Gov. Glenn Will Grant the Negro a Re prieve I'ntil Some Time in Janu ary So That Xew Hatter May lie Brought (o His Attention. Tremendous pressure is being I brought to bear upon Governor terrorists I G'nn from Greenville to get him to STORY 8Y OFFICERS TRANSPORT THOMAS The .Mikado Said to Ue Anxious ;o Secure Possession of the Island of Lamii, Fifty Miles From Hono-( lulu It Has Two Deep and Splen did Harbors Where Warships Could Gather, and Could He Csed as an Excellent Xavul Hasp Against the United States It Is Stated at the War Department' That Xo Troops Have Been Or dered to Honolulu. hen threw a bomb at Dubassoff I reprieve the i which exploded and wounded the ad-I until sonic I miral in the leg. A bystander seized jthe admiral's assailant, whereupon a second terrorist appeared and went : through exactly the same perform ance. The second Uomb thrown. however, did not explode, and Don- next, with ' Uassotf although injured, closed with last vear. i'be terrorist and held him until he Barrett gro Sylvester in January, so Mia opportunity for new lo he presented ease Affray claims last year. 890 cases, against S.2 A Freight Steamer Launched. (By the Associated Press.) Wilmington, Del., Dec. 15. The freight steamer Delaware, built for thi Clyde Line to ply between Phila delphia and New York, was launched at the yards of the Harlan and Hol lingsworth corporation today. The vessel was christened by Senorita Attllo Fiallo, aged 9 years, daughter of Senor Fabio Fiallo, consul gen eral from San Domingo. UNIQUE ELECTION CASE Township YoteThrown Out by Both Parties' Consent Wilson , Creek Township in Caldwell , County, New Township, Had Trou ble at First) BICctldn Democrats and Republicans Got' Governor to Appoint Magistrates Under the Constitution. There was a rather unique case before the governor today. In Wil son Creek township, Caldwell coun ty, a new township whose first elec tion was the one last month, there was Irregularity and all of the boxes were thrown out by the canvassers by agreement of both the democrats and republicans. IC0MI1ED FORT was taken into custody. liOGGEKH DK1VKX FROM WOHK BY HEAVY SXOWS I is i For Captains $100 to Care tor Company's Property (By the A. ioriated Press.) Vancouver, B. C, Dec 15. An al most unprecedented fall of along the northern coast is driv ing the loggers out of the woods, and logging camps are being closed at various places. The result of the cassation of operations in the woods I will be further shortage of logs with ja consequent advance over the al ; ready high prices now being charged. lime there may be matter in tht to the governor with a view to the exercise of executive clemency in the case. But Governor Glenn said today thai in the face of the fact that .Judge Long and Soiicitor Moore have positively refused to recommend any interference by him, he is not at present inclined to do anything un less the judge and solicitor should snow advise it. However, the governor decided to day that he would not give a defi nite answer In the matter until Monday. Barrett is the negro Constable Lovitl when went, with a warrant to He . is now in the jail FOR A Mkl COUPS! i CONDITION OF OSCAR SHOWS I MPROV KM KXT. (By the Associated Press.) Stockholm, Sweden, Dec. lS.-rKiui! ('scar passed a good night and his con dition this morning showed consider able Improvement. To He Composed of Detachments From Different Towns Increase Pay of Adjutant General and Make Him Live In Raleigh Hoard Has ' Completed Its Wortand is Ready to Report to Governor. The v.'oi revise t lu nation a 1 if the special board to i lations governing the sitai'd of North Carolina and to recommend changes in the military laws of the suite has been completed, and the report is ready to be sub mitted to tin- governor for action by him. One of the most important changes recommended In the matter of appro priations is thai there should be al- I lowed annually to each company com mander $loo to be used by him in taking care of the company's prop el tv. As it is now, the captains often have to pay out money from their own pockets for this purpose. This, of course, defeated all the: Another very important recom- justices of the peace voted for, and t mendation is for the organization of on account of the number of blind a signal corps company, to be com tigers and nuisances created in Mor-1 posed of detachments from different timer, citizens of both parties got Uowns, in order to secure a sufficient together and recommended three number of expert telegraphers and justices of the peace for appointment I electricians.. by the governor in accordance with the constitution, which gives this right in cases of failure to elect on the part of the people of any com munity. Mr. Edmund Jones was here today from Lenoir to see the governor and explain the situation. He came as the representative of both parties and said the trouble was that there were found to be more votes in the ballot boxes than there were voters registered in the township, and it was Impossible to fix the responsi bility, so both parties agreed to have the vote thrown out. The governor at once acceded to the request of tlfe Wilson Creek citi zens and appointed the men recom mended. Two are republicans and one is a democrat, and all are good men. The hoard also recommends an in crease in the salary of the adjutant general and a requirement that he live in Raleigh during his term in office. Of course these changes will not be law until they have been favora bly passed upon by the legislature. . Tho board was composed of Brig. Gen. J. F. Armfield of S,tatesville, Adjt. Gen. T. R. Robertson, Gen. F. A Macon of Henderson. Lieut. Col. R. L. Leinster, as assistant adjutant general, was the recorder. The Steamer Clara Floated. (By the Associated Preas.) New York. Dee. 15. Austrian steaiti shlp Clara which went ashort at Mon toloklng, N. J.. yesterday, was hauled off today- she was able to proceed to New York under her own steam. Ten Teams Still Remain in the Six Days Race who killed the latter arrest him. u Greenville under sentence to die on the gallows Tuesday, December 18. If on Monday Governor Glenn should decide to grant the request to reprieve Barrett until some date in January. wire to that effect will have to be sent to Greenville in or der to stay the execution. PEGGING AWAY DULLY GAMBLING IS CHARGED City Treasurer Patton Denies That He is Guilty The Final Sprint Coiues Tonight, and: It is Thought by Many That Rail j and McFarland Will He the Win-! (By the Associated Press.) Xew York, Dec. 15. There was no change during the night in the posi tion of the riders in the bicycle race at Madison Square Garden. The men did their won; mechanically, seeming for the most part to he content with holding their place in the race. A few sprints were attempted last night, but they did not change the relative position of the teams. The men were averaging about 15 miles an hour early today, and all seemed content to follow this pace. Ten teams remain in the race, and all will probably finish. Vander Btuyft and Stol and Galvin and Wiley dropped out of the contest late last night. They bad made a game strug gle during the week, and Stol had been the instigator of some brilliant sprints, but accidents wore out Van derstuyft, and, the brunt, of the work falling on Stol, It was inevitable that the team should drop behind. Rutt and MacFarland have shown fast work the last day or so, and many of the spectators pick them as the prob able winners when the final sprint comes tonight. Score - at 7 a. m. Root-Fogler, MacDonald-Coffrey, Hettling-Logan, Hopper-Downing, Rutt-MacFarland, Pye-Clark, Georget-Georget, 2,052 His Resignation Asked Hut the Mut ter Ijpfi Open I'ntil a Xew Trial Can lie Held If Convicted He Must GO. (By the Associated Press.) San Francisco, Cal., Dec. 15. The liJxaminor published the following dispatch from Honolulu today. The officers of the transport Thomas have announced that two regiments are to be rushed immedi ately to the island in anticipation of trouble with the Japanese. They ab solutely refuse to give out any of the details bearing on the call for troops or the reason vfhy ihe government feels,-that the soliders of the United States army are necessary' in the Is land) which is at the time. .over-run. by the little brown men. It is understood that the mikado is extremely anxious to secure pos session of the Island of Lanal, which Is private property. This island is fifty miles from Honolulu, and could be used as an excellent naval base against the United States by any for eign power. It has two splendid harbors of sufficient depth to accom modate a large fleet of war vessels. Last night Attorney George G. Gear secured an Injunction against Governor Carter and Land Commis sioner Pratt to prevent their selling the island to a syndicate. It Is un derstood that the syndicate repre sents the; Japanese government or people -who ultimately expect to dis pose of the island to Japan. DENIAL THAT TROOPS ARK ORDKRFD THKRE. (Special to The Bvening Times.) AalievUic, N. '.. Dec. 1,. -The linn I committee of i!'..- board of r.lderi met this morning to consider tin- qr lion of demanding 1'ie resignation (By tiie Associated Press.) Washington, D. C, Dec. 15. It is stated at the war department today that no order has been issued for the dispatch of additional troops to the Hawaiian Islands, nor is any such order contemplated. The permanent garrison in Hawaii consists of four companies of regular troops. Xo Im mediate changes in the force or ad ditions thereto are contemplated. I'OWKRS DISCUSS THE POSSIBILITY OF WAR. City Treasure!' Patton. arrested by the police charged villi goi.ihHn;;. virted in tic polii assumed name of "A Mayor Barnai'd was inf affair nod called i: lf th tin board. At the beait Ins Pation denied that 1 and upon ri ipiest of ills matter was left open P have tile Boifce jUStlcP re If ihe Conviction stand removed. Patti i hia He IU1 1 i was week. the is guilty rneya fh n an effort i P.itton will b WATTING PRESENTATION OF THE PUNCH SERVICE (By tiie Associated Press.) New Orleans, La., Dec. 15. Tb tieEhip Louisiana anchored i: Mississippi river here, was all and span today, ready tor the presen tation by Governor Blanchard of a sil ver punch service, the gill of the peo ple of Ihe state. In the workmanship of the punch set an attempt was made to have" It the finest service of the kind in the Ameri can. British or French navies. miles, 8 laps; Walthour-Bedell, Bre- i reaped lhe service is unique. ton-Samuelson, 2,052 miles, ' laps. Record, 2,44V miles, t! laps, made in 1S99 by Miller and Waller. tains fifty-eight goblets, the number of parishes in Louisiana. Each goblet bears the name b one parish. I By the Associated Press.) Berlin, Dec. 15. The relations be tween the United States and Japan excite extraordinary interest both in j government and diplomatic circles ' here. Emperor William declines to itlsoinu lhi tines! inn reenrriiner Presi- Kllis. ; V ,- ,,.dent Roosevelt s views on the sub- ion , ii i kct. It is believed tha't Russia's morn-1 more resolute attitude against Ja- pan's requests for trade and coloni sation rights on the Amur River and ! in Siberia and for fishery privileges Ion the adjacent Russian coasts is j partly due to the discussion of the I California school question between ihe United States and Japan. The j Russian foreign offices has been sub jected to a steady diplomatic pres sure on Ihe part of Japan In the ef fort to obtain these far-reaching rights. The result is that the idea has been created at the Russian for eign office that Japan might make her ambitions the occasion for a re newal of war with Russia. Among German military and naval officers the possibility of a conflict between the United States and Japan has been quite freely discussed and the professional views appear to agree that Japan would take the Philippine Islands and place upon the United States the necessity of conducting across the Pacific pro ( Continued on Page 2.) bat the spick la one It con-