Newspapers / The Raleigh Times (Raleigh, … / Jan. 21, 1907, edition 1 / Page 1
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last ill the hal. iw AiLa-noon Tapers in Circulation. the; balbigh" eyening timer . VOLUUE 27, RALEIGH, C. MONPA JANUARY 21 1907. .MM CnmOSMS FROM.SPOONER;;!; .'. B2AW A PASSIONATE FLOOD : OF ORATORY FROM TILLMAN llli! CARE 1 1; Justify r Lynching For One T- Crime Only, is His Dec- L : laratioa ;V DEATH TO BEASTS WHO "The Senators From Wisconsin 'nnd i Colorado May v Rave, . the '-News-' papers May Howl, Rut Men Who Were- Reared by Virtnons Mothers and Who Rovi-rn; Womanly Virtue mi the Most : Ih'ktfU-s Jewel of Their Civilization Will flo as Wo Havft Done,'? Exclaims the South . Carolinian in the Sonata Willi -l(s , Thronged Galleries. . . ,v t (By the Associated .reas.) i Washington, Jan.i-2l.--In antlclpa- " tion nf a Hold day In the senate on Brownsville tho gaflerles wore packed a halt hour before tho openlnr of tno session. Senator Tillman took the floor , at the conclusion of tho morning busi ness , to reply i to the recent criticisms ' of himself and Senator Spooner. ' An a prelude to this he . paid his compliments to senators ' woo ' had spoken on the - Brownsville incident. ' He said the press had dubbed him the, , burnt cork artiste of the senate and . he added that If he wore "entitled s to tho appelatlon or that i of .'Pitchfork ; Benr: at one end'of the! minstrel lino, ', oertalnly 'Fire Alarm, Joe' : (Senator Foraker) ought not-to be Ignored at the other. We both do. the Orlando ' and Furioso act admirably." ' : ' Senator Culbersbn was designated " as performing a sW on, the "bones" Sin praise of the president, Senator Daniel was called ''the brilliant and courtly sonafor from ' Virginia,' whosi : ' rpcclalty is' oratory- and who works bl rhetoric overtime.'1, ' . (i 1 '"Next," said Mr. Tillman, "we Have ' , the dying swan, Smiling ,Tonv of Colo- rftdo. the state recently bought at auc- tlon -.by . one Guggenheim, and . tho ' swan's song Is a dirge1 for the dying democracy of the north, stabbed la. Its i vitals by Ben's pitchfork, 1 x , "Next we have the redoubted Ten nesseean who was. once . a knight, a vary Hotspur In the list. srhose spear has runir true and clear upon the vlso of the usurper at the white house, and who has. made the sparks fly In many an onset but his spear head Is broken off; he has been unhorsed,; but before retiring from the list he seizes gar land of flowers and placing it. on hii headless weapon (now alas, no.longet' of any use) he lays It at the'feet of tha victorious Roosevelt as a peace oner : Ing and Joins the minstrels to sing n K last song to the victor or- wrownavuie, ; lwho whistles democrats to-come ti the white house and lick the hand : which has so often smote them.. .. "As the middlemen we have tho ' pompadour artist from Georgia, whos.i sooclalty is never to answer any ques Hon, and who' depends upon his voico to 'carry conviction to his audience. . - "Lost "we have the artist from tho : bodgor state, an acrobat and Juggler - of Initial refutation: He is supple, sly ; and foxy, and having once been n. lawyer; is noted throughout the Jand i for his ability to get on either stdVof " tho question and maintain the negar - tive or affirmative in any argument with great force." ' .- - - He Turns to Spooner, . ' At this point Mr. Tillman, turned hH attontlon to Senator Spooner" recent attack upon him. He had not Intendc I to speak again on Brownsville, but "th unprecedented actions anduttorances.o? . the Viae on sin viionatcM: had-. maao -it licccemiry. -" !."',- .'Now a" word about lynchlngr hi "i continued, "and my attitude towaixls XI. A great deal- has been said In the new :. pa;icrs north and south about my re- punsibtllty in connection with this mat ter. My position has been purposttly misrepresented, and the senator frori Wisconsin has- assumed to-himself tha right to arraign me In this body arid to pass Judgment of condemnation i t most forbidding -anti vindictive phrase. Justifies Lynching for One Crime. J'Have- 1 ' ever advocated lynch law at any time or t any placev I anawe? on, my honor, 'never.' I have Justiflenl it for one crime and -one "only, and 1 have consistently and persistently kept that attitude for the last fourteen year?.. As Governor of South Carolina, I pro claimed. that although I had, taken thi oath 'of ofnee to. support the law and enforce it I would lead a mob to lynch ftny man, black -or white, who had rv . l?hed any woman, black or white. Thl Is my attitude calmly and deliberately tnkon and justified by my conscience la tho sight of God. . . ; "Mr. preMilent, the senator from Wis consin speaks of 'lynching bees. . As fa.' '.Its lynching for rape is concerned the? Vfbnl is a nilsdomenor.-When stern a sad faced white men put to death n creature in human foam who has de flowered a white womus there is noth- jlnfl of the bee about it They have javenged the greatest wrong, the black. est crime In all the category of crimes, and they have done it not so much as an act .of retribution in behalf of the victim as a warning as- to what-any man may expect who shall repeat the offense. They are looking to the pro tection of theti1 own loved onos.,f j , "I do not know what the senator from Wisconsin would do under these circumstances; neither do I care.. I have three daughters, but so help ma God I had rather find either ono pt them killed by a User or a bear and gather up her bones and bury them, conscious that she had died in MM purity of her maidenhood, than have her crawl to- ms and tell roe the hor-. tm story that she-toad lost the Jewel of her womanhood, w rather, had been robbed of it by a black fiend, What shall we -do with a man who has out bm ted the brute and : committed an act which is more .cruel than death? Try him, drag the victim into court. for. such alone can furnish legal evi dence and make her testify to the fear ful odoal through which shehad passed, undergoing tt second cniclflxlon? That Is rWhat the senator from Wisconsin says ho would do, and he Is welcome to all jot tho honor be can get out of It. Our rule is to make the woman, witness, prosecutor, Judge and Jury. I have known Judge Lynch's court to sit for a week,whUe Buspeot after sus pect had been run -down and arrested,, and In very . insjanee they - wen brought into the presence of the vic tim, and, when she sdid, 'That is not the man,' he was set free, but when declared the guilty wreteh, it was then. we. passed our own sentence on him and dealt with him properly. It will continue to be enough. The sen ators from Wisconsin and Colorado may rave, the newspapers may howl. but men who were reared by virtuom mothers and who revere womanly vir tue as the most priceless Jewel of their civilization will do as weOf th south have done." - -, v Mr. Tillman declared that in Sena tor Spoonar's . ; recent, speech his manner -was as Insulting as It Is pos sible for a senator to assume,'' and that the attack on himself web "un paralleled in .Intention i'and cold blood." It "was" acllflg worthy-' of Uriah Heap.; , s . ' ' .,r V .' . Mr.- Tillman asked, "Slncj , whoa did Sonatof Spooner become the censor of senators?" J ' , .". Mr,.',' Spooner took copious notes as Mr. ., Tillman proceeded.'-! . f- . M . Mr. Tillman declared that though he - had ' Justified lynching for rape, ho had deprecated- and denounced bnrning at the stake: for this crime. He had no hesitation In declaring ho FORAKER WILL :f:f J,. '-.-... II IHROil! GET Republicans Agree on a Sub siitule KesQiuticn NEORO TROOPS INOUIRY This Resolution l'rovhies for an In vestigation of the Affair at Urownsvtlle tho Qnest km of thw rreKident's If l,';bt to list'Iiarsp Troops, OFEPILEPIS InipoFjaai Bill by Mr. Wilson in L. WANTS A REFORMATORY Senatov-Rcinhordt lnl reduces d Bill PirovldJhifflfo' Its Kstablishmcnf) and ''Maintenance f.'ochvln Wants .Traveling iuhlic Hitter I'rotected. New Laws Ratllle!, Ktc. It was noon today when the nonten ant Kovornor call ad the slate gonate to order (Wd anuiribei' of stnator4 whoso families are not hi"' with them hail returned frpm their hni'v, whoro they spent Sunday and'a put of last Satur day, refreshed by' tho nuting furr.ish- j.Hi ilHI.IVJ UlA W.v IU. IMff, ,jv ,ti. itn-jHlltiU I'Ji ino auies or. ma' i;u THE HOUSE HAD A SHORT SESSION To Endorse Eooseveii's Ac tion as to Negro Troops ALLOT FOR SENATOR Senator Simmons to 15 Elected To" morrow Republicans Will Vote for Spencer II. Adams Koonce's Bill to Cut' Off Corporation Com mission's l'asxes. ' (By the Associated Press.) Washington, Jan. 21, An agreement wtiSr reached today by republican sen ators on a .(Substitute resolution oh tho Brownsville, question, which is to be Introduced by Senator Foraker anil it Is asserted will receive the unanimous vote of , the majority party. The phraseology of the resolution will, not be made public until actually offered In ' the senate, but It. was said that, in addition to providing for an inves tigation, by the senate committee on military affairs of the facts connected with the affray at Brownsville, Texas, It carries, .a declaration that the com mittee shall not raise the question as to the president's right to discharge tho negro soldiers alleged to have been Involved In the outrage. Senator Foraker did not give his con- Sent to the compromise until . today, but inasmuch as he is to offer It, and it is not Inconsistent with the position he has previously,. taken, he finally agreed to withdraw his ;objectlon. He was first given assurances, however, that th w3olutlon-vild--eTOinKn-r7Mrrteaimige: ck's work that lie before-tltmi. 1'rayer, by jRev.: K. John, pastor of Central Melhinlist Episcopal Church. . J , ' ;: Tho conimjUoe on the J ournal report ed correetly .thpi'H'e'-iling3 of Fri day's, 8C3stonv-: , 4: . The Dlanding commit !o. -s made th-1 usual reports of 'hll's n-forred to them and the latter took their place on tho calenda and wero later disposed of ail noted, bolow, among them being the resolution ot enquiry to useertaln the number of minors under fifteen years at present employed in the cotton and other mamifacturlnE cnuM-priscs of the state. !.vV.'r 7-.' New Bills IiilrMlueed. ,Th following ntw bills were intro duced In the Tegular order: By Mtvi Mitchell To prohibit drink ing in -railroad cars. Committee on Kailrqad. t ., By Mr.'. Wilson-T-To Induce the feen at present received by the county offi cials of Johnston couaty. Sa'.atles and FeeS- ': "..':. k By Mr, MltcheU--To prevent discrim inations in manufactured.- and- farm, products, i Judiciary t'cvmmlttee. ed by Senator Lodge' and the unani mous strength of the republicans in the senate. It Is not certain whether Senator Blackburn will offer as an amendment to the new resolution, the amendment ho presented to the pending - resplu tion endorsing the president's courS2. If ho does erter It, the agreement by the republicans would insure, 'US .de feat., . ?' : .-:iff-P '' Senator Foraker at tho conclusion of mntlnn mnrnlni. KlielnAraX' tntHD1Ucel voiced the opinion of 95 per cent ofjthe compromise roeoluUon in rlatloh to Brownsville which reads as follows; the while people of the south, and "whether I do or not, I voice my own Mr. Tillman then denounced the hypocrlcy and cowardice of any man who questioned his motive.- - ' Explaining' the conditions in his state during the "carpet-bag'.' gov ernment; In . Justifying the riot and ballot stuffing", Mr, Tillman said: "We have not shot any, negroes1 In Bouth Carolina; on account of poli tics .since '76 we have not found it necessary. Ha said he would not call the negro a baboon. ; I believe thoy are men," 'he said, "yet there are bo akin to monkeys, that scien tists are looking for the missing link yet.", . , ' CHURCH DEAD AND . HUDSPETH TAKEN. (Special to the Evening Times,) -High Point, a. C, Jan. 21. Mr. Stafford . of Kernorsv'llle ' captured Waltef Hudspeth,, alleged murdore of James Church, in that place thla morning and wired tor the officers to come after himi and Chief of Police Gray left at once to bring him back, Hudspeth acknoVledged the deed.. ,W1H Hudspeth, a-brother; was ar rested last night in Greensboro as an accessory to .the crime, having- left here on No. 34last night, presuma bly tq-Join , his brother In Yadkia county and tell him of the death, of Church. He is In the city Jail. Wal ter Hudspeth stabbed James Church here Saturday afternoon in the yards of. the Tomlin8on Chair Manufactur ing Company because Church had a quarrel with Hudspeth's brotherWill a few minutes before. , : , L w Church's brother arrived here to-f day to accompany the body of hi bt other back to New York. ' "Resolved, that with i flues tloiiing the legality of Justice of any act of the president in relation thenelo, thel com mittee on military affairs 's hweby authorized and dlrcted. by sub commit ttfe'or otherwise, to take sad have print ed testimony for the purpose of ascer taining' all the facts with reference io or connected with the affray at Browns ville, Texas, on the night of August 13th 14, 1908. Said committee is authorised to send for persons Mid papers, to ad minister, oaths; ; to fit . during sessions or recess of the senate and it ' deemed advisable, at Brovwisvllle or elsewhere the expense of thfc investigation to be paid from tho contingent Jtunds of the senate.", ; of fish in . North -I'acolet river and other streams of l'olk county. Game Laws. ' By Mr. "Buxton For the regulation of the probate of wills. Judiciary Committee. By. Mr. Ethe--id-re To amend section 2777 of the reviBHl relating to the fees of the sheriff of Dare county. Salaries and Fees Commit lee. .V . By Mr. Eihi riilge To amend sec tion 2SS3 of the icvisal for the relief i of tho sheriff uf Dare .county. Revlsal. HALF A MILLI (By tti 3 Associated Press.) f Washington, Jan, 21. Trial of a suit of irore than ordinary Interest wag-' resrined . today -before Justice Wright Jknd;a Jury , in circuit divis ion nupber - one of- the. district su preme court.;' It is an -action insti tuted against - Senator Stephen ' B. Elkini of v West Virginia by -Robert Burtm, ; an attorney .; at law; and Geoee A. Dubreull,' a . real estato agpt of Baltimore, N for' SOO,000, which they claim Is due them as a conmission' on the sale of the West- em ..Maryland Railroad to f Senator kins and some of his friends.- - JEDER IN SHIPP , CONTEMPT CASE. MR. CHAS. BURTON DIES IN SENDERS News was received lns Raleigh his morning of the death of Mt. Chirles Burton, who passed away In Haider son. He was -well known in tion of the state and was a late Dr. Burton; a Methodist p and a brother of the late R. ton, who was a resident of th II ON. thl seo mf the nfacher, f, Hur- I city. (By the Associated Press.) Washington, Jan, 21. In the con tempt ; case of Sheriff Shipp - and others, Charged with complicity In the lynching of , the negro, Ed Johnson, at Chattanooga, Tenh.,- the supremo court of the United States entered an order directing thaf each of the By Mr- Ethei !!g Providing for u deputy register of deeds In Dare coun ty. Judiclarr. ' vi. f ; By ,M.; Etlieridse To fix the bond of -the register of deeds- of Dare coun ty. Judiciary Committee..:'. By Mr, Godwin For -the better pro tection of the traveling public. Propo sitions and Grievances Committee. By' Mr, Redwine For the. establish ment Of a reformatory for youthful criminals. Penal Institutions. By,Mr. Wilson For the care of Idiots and epileptics. . Committee on Insane Asylums. s- '" - '--Petition from citizens of Watauga county to place name Of W. H. Shute on the pension roll. Pensions and Sol-dlsrs'- Home. 4 Petition from citizens of Watauga county .asking for appointment by B. L. Green as Justice of the peace of Mtnk .Creek township. ; (The hill by Mr, Wilson to. provld? for- tho care of idiots and epileptics was ordered iuli.tod.) Leaves of absence were granted to Senator. Pha rr of Mecklenburg, Sena tor Fleming of Pitt .and. to Senator Burton-of Onslow, f : ' : ' ' s CalencUir lillls Passed. The oominittees reported very few bills, most of them haying- done very little work, since Frjday morning, and therefore the calendar was a lean ono today ' It was disposed of in a few minutes, as follows; ; ..;,.." '7: S. B.--Providlng fof the Working Of the public roads of GStos county. Passed final reading and sent to the House, . V" ,f : v-; -. H. .B.Authnrizlng town of Shelby to issue bonds to erect a graded school building. Read second time , and re turned to calendar.- n . ; Hi B. Authorizing Shelby to Issue bonds to--establish an -electric . light plant, etc. Passed second reading and returned to calendar for final reading tomorrow. f -' - ' -"'-' 8. B.-For the protection o'f streams of Mitchell county as amended . by th house. Passed final reading in con curring In house amendment (so as to take effect March 1) and ordered enrolled for ratification.- . - ' '' i .House resolution providing 'for the formal election of United States sena tor Friday, , January : 22, ,- at noon. Adopted. - ;'!';.'-?'- "' :.-r'i "-i 8. B. To prohibit non-residents front gathering : oysters, ( clams, etc., ,, in streams of Brunswick county came' uo and was returned to the calendar be cause of the absence of Senator Bel lamy. ' Senate "resolution to obtain mforma- Kliealier JuBtice called tho house to ortlor at 1U:30 o'clock this morn- ins 'for the tenth day's session, and prayer was Ouorod by Rev. M. T. Pope of this city. Tho journal comr.iittco was named for this; weak, Messrs. London, Tay lor of Brunswick ar.d Cox of Forsyth. Petitions am! Monioi'iuls. Hooker From certain citizens of Beaufort, for appoint ment of T. L. Jaekson a justice of tho penes, Jacobsou For appointment of A I.. Bell a justice of the peace in Beau fort. Morton From druggists .of Wil- Kisgion, ttgalnst rassage of soda fountain drink bill. Justice Fo:- relief of Greensboro firo department. Avery From citizens of Burke, in opposition to stock law. From Upper CieelMownship, asking for stock law. McNeill From druggists of Fay Otteville, against soft drink bill. London From merchants of Slier City, relative to homestead law. Lockhart From certain citizens of Anson, for suppression of Mormonlsm and polygamy. v Mr. Winborno, for the committee on rules, recommended that bills re ported unfavorably by .committees be rtfth"3''tiifctentdYt-h not to be c&llod up save on motion of the member introducing It or mem ber from county of senator introduc ing it; also that the committee on public service corporations be enti tled to a secretary, to be paid as other committee secretaries. Resolutions and Bills Introduced. Douglass Joint resolution in structing removal of arsenal from capital grounds. Harahaw Joint resolution endors ing course of President Roosevelt in discharging certain troops of Twenty fifth United States Infantry. Doughton Resolution that each house meet at 12 noon on Tuesday, January 22, to ballot for a United States senator to begin term March 4. Koonce Amend sections 1165 and 1118, Revisal. Prohibit trusts and combinations between Are insurance companies. (The former cuts off freo passes of corporation commission andrtnereases expense allotment from $3,600 to 54,500.) Hooker Appoint T. L. Jackson justice of the peace in Bath town ship, Beaufort. Taylor of Vance Provide for elec tion of board ofxcounty commission ers of Vance by vote Of people. Re lieve certain persons from working public roads of Vance. Davis of Carteret Amend Revisal, section 295, with reference to bond of clerk of court of Carteret. Yount Supplemental to act au thorizing right of way for car line from Hickory to Catawba Springs. By request. Appoint additional Jus tices of the peace for Catawba. Pritchard Appoint John W. Pen dergrost justice of the peace in Chap- CONTEMPT C4SE AGAIH5T W.T.RjGGSBEE DlSjilSS IN THE FEDERAL COUFJ phers for Warren county. Mr. Douglass had read an invita tion from President Dinwiddle to (the mpnibcrs, their wives and daughters, to attend a concert to be given at Peace Institute on Tuesday evening, January 29, complimentary to the general assembly. Passed Final Heading. Protect primary elections and con ventions in Union county. To appoint trustees to take funds of Coddle Creek township railroad beads in Iredell and loan same until bonds become payable. Amend Revisal, 2001, relating to landlord and tenant act. Regulate pay of jurors and wit nesses in Randolph and Moore counties. Provide for better working of pub lic roads of Catawba and authorize employment of convict labor. Resolution for election of United Slates senator. Straighten and widen Leonard creek in Davie county. To amend Revisal relative to pow ers of board of pharmacy in matter of salo of poisons: To appoint court stenographer for Warren county. Amend Revisal relative to bond of clerk of superior court of Pamlico and Carteret counties. At 11:30 the house adjourned until 10:30 tomorrow morning. V- ' vu Fine of $250 Inpsed U RIOQsLea Several Days Ago ia Superior Court RULE SERVED ON HI 1.1 ATTHE DECEMBER TER!.! In the Superior Court He Was Charged With Ballot Bo Stuffing and it Was Alleged That He Had Witnesses Summoned to the Fed eral Court to Prevent Them From Appearing Against Him 'in the; State CourtNone of His Attor neys Was Present This Morning. Opinion Head by ' Judge PnrnelL t . A BILL AS TO F IRE INSURANCE Prevent Trusts and Combi nations of Companies BY HOONCE OF ONSLOW Fire Insurance Companies and Agents Prohibited From Entering Into Any Ajrromnnt for Specific I'latcs-i Violation Made Punish able by Heavy Fines and Revoca tion of License. twenty-eight, defendants appear be-! fore the district attorney for the east- tion as to the number of children wv era district of Tennessee and enter der twelve years of age employed in personal .. recognizance for soaal appearance. , his per- cotton mills and other factories ? in , -' " (Continued on second paga.7 - el Hill township. Orange county. Ap point James A. Harris justice of the peaee in Orange. V Jones of Pitt Prevent mischievous stock running at large in Pitt, ' Dowd Authorize deposits stand ing in name of minors, in savings banks to be : paid directly to such minors. By request. -, - WoodAmend . Revisal, section 4481, with reference to hunting in Randolph. ' London Codify laws in. regard to negligence of telegraph companies in mental anguish cases. : t W; ' Vann Amend Revisal, 2763, as to laborers, waiters or messengers In and about public buildings, to allow them leaves of absence for fifteen days. :--By request. -. U '..'. ' ' . Morton Requiring household ser vants to keep contracts in New Han over county. Amend charter of Car Representative Koonce of Onslow to day Introduced a bill to prohibit trusts and combinations between fire insur-1 anee companies. It provides: "Section 1. That It shall be unlawful for any two or more fire insurance companies doing business in thl3 state, or tvo cr more agents or representa tives of P.re insurance companies doing business in this state, to enter into any contract, compact, or agreement look ing to the maintaining of any speciflo rates to bo chai-ged for Insurance on any property located in this state; pro vided, that this act shall (not be bo con strued as to prohibit the formation of association of fire in3m-an.ee agents in any city, town or county in this state fo;- the purpose of minimizing expenses by the employment of Joint inspectors or experts for preparing -rating schedules and designating iinprovements, with a view to the reduction of the cost of in surance; Provided, that all rates which may be suggested through such asso ciations shall be advisory only, and not binding on any mcmiler thereof. Pro vided, further, that any board of agents or ajrerit or company attempting to Im pose an,y fine upon any agent or company who shall write at any rate other than fixed by such board, shall be guilty of a misdemeanor and upon conviction shall bo fined not less than fifty dollars, "Section 2. That it shall be unlawful for any one or more agents, or associa- , tion of firo insurance agents in any' city, town or county in this state to im pose any penalty upon any agent be cause tf any rate which may be charg ed for .Insurance by said agent or any member of said association. "Section 3. That any f ire insurance company doing business in this state found fe'ullty of violating the provisions of (his act shall be. subject to a fin of not less than one hundred dollars and not more than on thousand; tfnd ia addition thereto- eliaU fce liable to the revocation of Its charter or license to as Business in wis state,. . . . "Section. 1 ,M That any . ; agent or of - olina Trust Company,. iu jV H a Lockhkrt--Amend Kevins! - i floer-s -of:. vnay ..-ajKsociatic-n agonts I LOCKUart -Amend KeVIBai, 3i1ulniaMn. thA nvtctrvn. r.t H,ia shall increasing ubef oC -peremptory iof mtodemeanW and upon I-? - wnJf tespondtmt denies und challenges of the stnte in Wlmmal! enaction ail fined not less than 4th i nd oOMtdering the matt cases less than capital, Rodwell Appoint court atenogra- one" hundred .nor 'more than five hUa- drd doHara." ' i .nor'-more man nve cuni i i., 4 -i . ' i, r' , ' ' 1 m The Riggsbee - contempt case ' has bean disposed of in the federal court, it having been dismissed - by Judge Purnell thig morning, and he held that this court did not have juris diction. None of Rlggsbee'a attor neys was In attendance, and soon after court convened Judge Purnell read his opinion dismissing the rula. At December term a rule was served on Riggsbes to show cause why ho should not be punished for contempt of court, it being alleged that he had witnesses summoned to the feieral court to prevent them from Appearing against him in the state court jwhere he was charged with ballot-box stuffing. Several witnesses trom-Durham county said -they had been summoned in a case which they knew nothing whatever about and Upon investigation It was found that neither the United States or the defendant in the case had re- questd that they be summoned. They were also to appear against Riggsbee in the superior court in Durham county, the two terms being in Bes sioh at the same time. It was In view of this circumstance that the above-mentioned rule "was served. ' The opinion of Judge Purnell Is as follows: -In re W. T. Riggsbee, Contempt. . The-court is asked to attach re-. spondent for contempt of this Court' in unlawfully using and abusing the process of this court to obstruct the administration of justice in the supe rior court of Durham ounty, N. C, and on motion of the United States attorney a rule to show cause was ;. issued. The cause having been heard on the pleadings at the regular De- i ceniber term and the further hear- ing continued at the adjourned term In January. . ' t, t To this rule respondent has an- ' swered, first by plea, "1st.- That even if he had attempted an act, the - effect of Which would be to obstruct the administration of Justice In the superior court of Durham eouhty; North Carolina, the said act would ' not be a contempt of this court, and , that this court would not have ju- ' risdiction under the laws enacted by ' the congress of the United States to punish for such alleged offense" and "2nd. Demurer. Respondent demurs -to the sufficiency of the rule and al : leges that upon Its face the said rule' does not 'set : out facts or clrcum-"" stances which would constitute a J contempt of. this court,' and that there being no allegation that the 1 alleged offense was committed with in the presence, verge or view of the court and there being po alle gation that respondent was an ofB- ' cer of this court or that he had te- . fused to obey any Injunction, writ tr : ; process of this court, there are no facts or circumstances which this honorable court to punish resposd- ent as for a contempt" and i V8rd- An swer,? With the reservation afore-' ' said of all rights and without making any-rights or consenting to jurisdux tion, respondent alleges that it Is not trne that hs has abused and, used the -process of this court to obstruct tho administration of Justice In the su-'-.,' perior court! i of Durham .county, North .Carolina." , This pleading 'is duy verified and certified in due form by' three firms and 'one Indi- ' vldual attorney, - all- respectable members of tho profession. Suppose the allegations made are true;:whlch tespond&ht denies under er purely as a question of law, does (Continued on Second Page.) i ,1 1 t . 1 t Tn)in
The Raleigh Times (Raleigh, N.C.)
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Jan. 21, 1907, edition 1
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