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-