-8
'rLccicoU, VJitd'tntl Full Prcao .TiV;
ALL Till!
'AT"1 ' - :'' V.
;,volui:e so.
, . JULEIGll, if. q:MdAY, JUNE 25, .907. -
pmcn j.
5TC.1Y OF TOO TRAGEDV
: ' -:v : ;,. ... . - . .,... ... v . , ;J
r TOLD BV JUDGE L0VIN6
MISS ELIAfiET ILOVING
TkB Jcrj is ton and ibe
; Trkl Km la Full
wing
. U XRE0!.!IT BETWEEN
. THE OPPOSIIiG COUNSEL
,y Strode, tor the Defence, Argue that
the Hearing Tht His Name Has
"p Beeu -Dishonored Calls ror Ileduc-
f ... Won - of Crime from 1 Marder to
.
.. . jaauBiaucnuxv in -ine t;asn or a
. ' Man Who Kills to Wipe Out the
' Stain Harmon Holds That Words,
:jp it Howe Violent or Abnsive, Glv
One No Excuse for Acta of Viol
. , 1' (By Leased Wire to The Times.)
u Houston, Va., June 25. The aea-r
1 slon of the second day of the Loving
trial began at 9:30 this morning. , A
roll-call Of the lurv was had. artnv
4 which they wore carried to the Jury
. room, and the'dlscusBlon of whether
. Judge Loving's testimony should be
. admitted was continued. Mr. Aubrey
: Strode,'' of the defense argued that
the Jury and not tho Judge should
decide what the length of "cooling
time" should be, quoting several au-
- thorltles on tho subject." -He farther
-, arguea that tne counsel for the pros-.
OIHItlAA A ti nnM ml r 1 I . AH
u sonlng of yesterday to the effect that
. if a man found his wife in adultory
5 -wand killed either nor or her com
; panlon, the crime could not' be ro
, duced from murder to manslaughter
"j. ' unless the husband actually saw the
aot.af.aliiltnr.JfcB- ritM -owa
whs cv "y Ins "ri'i'lud la hat
.., .. manner, Into ducituous hold that It is
'! not necessary that the husband ''see
v the act of adultery, but; that hearing
A of the act is enough tqi reduce the
crime, iwr. . piroue coaciuaea uia itrr
gwraeqt atD:S, , f 1 , - ft .
-. i; Mr. Harmon, for the, common-
wealth, then- began : his argumont,
' claiming that mere words were not
: siifflcient provocation to reduce-the
crime from murdor to-manslaughter.
:.. At this point he was interrupted by
' Mr. Lee, of the defense who asked:
, ' "Do you contend, Mr.. Harmon, tout
words," Insulting language,, if 'you
please, are never a provocation T "
"That , is my position, sir," an-j-
swered Mr. Harmon. . .
. ''Dq you mean to toll me." co'n
ttnnml Mr. tM. "that a man charted
u with assault and battery could not
Itlgatd tb charge by eh'awlng iha
- the man he had assaulted uoed.ln
sultlnr laniruare to him?!' : v. v i.
. , , Jfo Direct Reply. .
t : Mr,, Harmon diet not reply d'nctly
'to this question,. saying e would dls'
oubs later. Continuing his argu
' ttiept; he tqrned to the, , question o
AN APPLICATION
FOR
UCTIJ
Tfes Rate te Hesring in
' Asheville Tomorrow '
FifMf ako fiioi fd
will' ll va in face' a lurv on an accusa
i'cnollnc tlmo'V and contended tbat i ,- . -
Others. Connected Wth; th,e Southern
- In the arty The First Ins Lance
Hn . Which Questions involved in
Iteduccd Bate Laws are Brought
Befoi ' High Tribunal. '
. !. . 1 ,
.:..;.'..'.'"...'': - Jt".- ! 1 !f v '
, (By Leased Wire to The-Times.)
Jkhovllle. N. p., , June 25.-President
W, W. Pinley, Waler V. Hvnes of New
York, special counsel; Alfred P. Thorn,
general counsel; C. B. Northrop, as
sistant general counsel; and several
other officers of tha Sourthern . Ball
road; are bete to be present at a
hearing- tomorrow before Judge
Prltchard, of the United States Cir-
suit Court, on- an application for . an
Injunction restraining the North Caro
lina, and Virginia authorities from putt
tins into effect a reduced passenger
ram. . '
The rates opposed by the railway
are two cent passenger rate per mile, J
which has been , ordered by the Vlr-
glnla state -corporation - commission, '
and a two and one-quarter . cent a
.mile rate hill, which -wis recently
passed by the North Carolina legisla
ture. .This '-Is of great Importance to
'railroad men throughout the country,
and especially to the rairroadsoperat
ing in. those statevhU'h have; passed
the twn rent ukm tor r IrvPI But
n Pfiin, ,.r ,:oii)i and
..J-.. U .1 t. line
riiilronds operating )ji n .arollna
and Virginia have joined Uatfr effouts
in flghtlntr the reduced rate law, and
they are tha applicants for the injunc
tion. ..,' t
. This case-' is .the. first ' instance., In
which the legal questions Inyolved to
the -reduced' rate - laws have beon
brought before a high tribunal, and it
will probably be the first to Teach tha
supreme court of. the United States for
adjudication , i. . . ,
. . I i in rn i in 1 1...
Lumm in agony;
QF HIGEOUS FEAR
"
HIGSIEIi
TO BE UPilELO
CoiapMiit of ciliira Mill .Vea
to be Disnil.S-(T"
This picture Is from a nliotograph of
nf h manaim- of thn Vllrillla farm lM'bomH( . yan, .nt
IndirtM for killiriir Theodore: Estcs. ; wliis allcgo have drugged Miss
Loving, ,
HAHRY THAW VEBY ILL
is ' K1 tori h 1 Lotlm;, daughter
Tbomnj-t .-syan, who has been
rrai
-f 'Fliysician,
Grave Fears.' are Entertained That
He is on the Verge otr a Mental
: -i. BreakdownAn : Application Has.
- Bvca Made for Bail.
W W J" .f W amw mm -aafj
I . I '
(By leased Wire to The Times.)
Now York,- June 25.-Harry Thaw
(Byfid Wire to , The Times.)
, Mpdl
" i v (By Leased Wlna i The Times.)
West Chester. Pa.,' June 25.-r-De-clared
' Sponsible by n coroner's
Jury for tho death of hlt4p-daugh-teri
flvo-year-old Mary Bobbins New
Wn4',Md forlha rand Jurykwtthout
bat,) and committed to Jail o a capi
tal, charge,- Irwin. Lewis fa' in o
sockin a physical condition that
phYslclana express doubt whether he
that question should not have entered
into the ,- fllscujwlori.. feocAuaq., merq
. words were not sufflclent to afford
cause for excitement, and that a per.
son' never having become eicited; he
could not "cool off." 4
At this point Kr.:.jLp 8a(B
rupted.wlth a question, , He asljed,
''Do I undorstand ypu icontond tbaj:
word brought to a father hat his
'daughter had been carried out. drlv;
Ing afld' brought back after night la
Half loa ana half ?arrM from the
justice's court Hp tha county jail,
Lewis f.pl, In a At as he entered hi
cell, ' frpthlpgt and shrieking until
the Jail physician, Scattergood, ad
ministered a wdatlve, when lie felt
Into. the. sleep of exhaustion. j :
He Is comparatively quiet today,
but seems numbed with' horror,
I scarcely answers the question asked
h'lm,v . and; moans and wrings his
bands constantly. . .
a drugged W4 Jnsen. bin condition a . ? Bhor Pny8,r,aftlj
"Under tne law," replied air. ar
mon. "I d not think It s admissible
as pafllat(PKi cause which" re
duce the crime Won) murder to man
Slaughter,",, . ; , , ; ,
. Mr. JIarmou s argumcqf took half
an' hour, and he waB followed ,by
Hon. Wood Bouldln.'of the prosecu-
tlotf, ' who ' continued the discussion
along the same lines. - He was Inter
rupted several times and asked un
important questions by the defense.
At one time, when Mr. J3ouldIn made
a statement. Id the course pf the ar
gument, Mr. Walton Moore, of the
defense. Interrupted, Baying,1 :. '.
"That Is matter for discussion,"
" Mr. Bouldln's reply was s, cutting
one. He said: "And' that Is what I
thought I. was doing, sir. I thought
I was arguing the matter."
: r Judge Loving's Story. '
Jurige Ixvtng ' jlok tho stand , at
11:10, and the court stenographer
repeated the question objected to on
yesterday. TJie testimony of Jurtje
Loving was subKtantlally as follows:
"My hrottiei'-In-lnw. Harr !:;; -i-t,
(Conlinuotl from First f ai.f1)
who examlnecl Mary Bobbins New
lln's body told ,thelr story, declaring
t;iat the child was biiflod Alive. Tbeq
prosecutor MatEIree. told BQW.Lewls
confessed to him that be burled the
cblld, djepjing, however, .that he
klllod her. . Tho verdict followed in
Ave minutes. ; j. - i':
. Trembling anfl In ; complete col
lapse Lewis,, was then arraigned be
fore Jubtire Llpp, committed to Jail
and returned from Avondale to the
county jail here. : ; . .v 'r .
d ua"i dq:ib
ICE?
UhIso. Kan.. June ti
:u!op.s struck Mpdiclue
last night, destroying
twcnlyHhouaos. SJl:; perecuis wore
Icjui'ciiioiialy and qno is,, missing.
As fur inawn, no ive3 wore.lost.
I. ounaratnlv 111 In his Tomb nell ; Tho rjek.0 of IJnltod bUtOS i3ona-
and grave tpjirs are hold, that he Is tor Ch' I Loni wn-. fallghUy
on tho vqrgo of a mental Collapse. dnniagfTho Long family escaped
it has been common report about the ! Mmnju Tho teuqepcq of, Ralph
Tombs for a-week that Thaw is In a ; FaMonhuUor Lpnas. secretary,
bad way.- Efforts to Inducn hiirito af- iljslied, but the family es
see a physician failed. t; He told Dan cal eJ-1 . ; ;
O'Koilly today:, that he ' would .have
no doctor and tnac it ne aiea nis p r-n rnflll
blood would b on tho head of the M VI I-1 HI r Kf lilt
Metrtrt Qtnrnv Thnw's dosnnhrt- M I
ency was evidenced when h,o learned -that
Assistant District Attorney Gar- '
van. without whose aid .Thaw cannot .
be, tried, was to go to Europe on, a ' ' )
l,Veo -months vacation.-Apnllcatlon I
waa made to & supremh Judge for clolu s. C..- June JBBlack.
ball for Thaw on the grounds that , v,je ,i.nweii county, is profound
his beaftjfi is. being impaired by the iy stlrver a scandal Involving its
confinement in Jail. " r's-i: '.- I Baptistrgyman, Rev, Dr.. C M.
, I.. T iBlllincho has left for parts un-
mm RECALLED ,
.V
j knowiifTin away from the crash . of
; npot'iHls .church, having positive
i proof tst him, has excomraunicatt
led hi his .iniuieilty to hi! invalid
Tfl Tfir'HTIlin Tfin I Vf wife, dtty domestic blng, involvdi
(By Leased Wire th The Times.) i i
' Boise, Idaho, June 85 -f-Harry ON
chard was 'recalled o; tho. Witness
stands this- morning when tho Hay
wood .trial was resumed ' - Tho dea
fens wanted to ask further" Impeach
ing; questions. ; The first-two wit
nesses for the defense were Mrs. king
and hef daughter, of Cripple Creek,
who testified that Xrcbardfrequchtly
Ylsited the mine-.-owners1 detectives
t night. - , ' ,
Papers were -
gJJRVEli TbDAY
r
j. w. J
. Unc:s
Ing to
sired. .
(Sigi
Rev. I
, t, i - .
Lexip, N.. O.. June 25.--The Jol-
lowinagram, was-1 received here
Saturilfternoonj. i c.
gusta, Ga... Saturday, and. -
Lexington, N. C. i-i
d conditions prevent com?
sorry; come later, ,lf da
, , . f , , ' ,
C M. BILLINGS. 1
. Blllinsa wax to have filled
the ptjaf tho first fenptlsj Church
hero .v rooming, -.Sunday morn
ing .cp but no minister. . '. In expla
nation Bbovo telegram was receiv
ed, v' Nflnlte roason was-given, (or
ftev..' Ig'S'fallure tp- como. Jmagt
ine -.thfprlse ,ot' the, ..- congregation
TucsdAornlng ' as,t(iey, jead A tjie
headli of they morning : pap?,
"Minlfti big.'Scandal." The church,
waa c ering -bUn ln view, of btos-poctlv-
tor. . He was. highly recom
mende Rev." J- A: , Smith,- for
mer v now: at Portsmouth. . ,Va.
Mr.; Bt, WftS ayowedly on bla jalC
' ' (By Leased Wire tt The Times.)
"Washington. June 25. What is
supposed to be a' dynamite bomb has
jn-t n fonnd at the government
iri., ",c3. ; ., -
, Today,-through the United States
court In Balelgh, thn papers In the
matter of the temporary restraining
order granted, by Judge Prltchard" In
Ashevllle yestorday for the Standard
Trust Company of New York, trustee, : to, Jteji,. where-, hi?. . wife'.peoplt
against the Carolina ft North weatirq III voj ntaf tp, nil the, appointment
Railway and the Corporation Conn nfcrWT "'Vf
mission, were served on the attorney! - R... j' i; t..'.- "' ' f,
general and filed at the office of the iktuwlto .
corporation commission. The bill ofjj i'-tP to The pvepl.ng Times.) ;'r
complaint was served by United 1 Luflon, n. j unq ..-, in
States Marshal Claudius Dockery for
the Standard Trust Company of New
York agaiust Carolina & Northwest-,
ern Railway Company to rcstrnin said
company from allowing the now jiiis-scnKi-r
rales to pa into effect July 1.
first, pient oyer t' o yi; nla i
Caroljouthern UaiiroiiJ .,. t ni
Inst M . Messrs. Caldwell & ( a;
lyle srl a rarlqad of f ! " t
I!co first station cm t! u
nnl f:ly firo I: s ro i,:.
t
COlKllSSiONEn'o ACT
The Appeal of the Soathcrn Manufiic
turers Against Alleged Dlscrlmlua
tion in Kavor of t:e New lCngland
, $i,iU WW Not Be Urania by "tiic
; interHtate Commerce Commission.
' (By Leased Wire to- The l'lmos.)
Atlanta, Oa., June 25. -H Is under
stood from reliable- authority tfiatttra
Interstate CpmmercO' commission will
dismiss the complaint, of southern
cotton goods manufacturers and ex
porters of cotton goods to the Orient
against the railroads, which are
charged wljth : having , given, lower
trans-continental rates to New Eng
land mills.
Although no opinion' Una, been
handed down by the commission, or
even put In writing, it 18 understood
that tho commission bag formed its
decision, and, when it Is announced
within tho next wcok, will uphold
tho higher rates from the south to
tho Orient.
The complaint was brought by a
number, of southern manufacturers
and was known as "the cotton differ
ential rate cases." The cases have
been pending since tho early part of
February, while the commission has
hnd them -under 'advisement since
May 14, when argument was hoard.
The complaint charges that tho
trans-continental rail road b are! given
a lower rate to tho New England cot-
BUILDING CRUMBLES INS v j
ROAR OF DEATH AND W
ton mills which ship to Japan and
China, subjoctlng the cotton manu
facturers of Georgia, South Carolina
and other states to unjust discrimi
nation, it is alleged, is a direct viola
tion of the railroad rate law. It also
Involves the refunding of excess
freight charges amounting to nearly
$3,000,900, , . .
' In tho decision to be handed down
hy the1 commission in tho next few
days it is understood that the posi
tion it will . take will be that the
lower ratss granted to New England
niills are not unreasonable upon the
record of the case..
What the Commission WIU Hold.
It will, ho held by tho commission
that as the trans-continental rate Is
regulated by a later competition to
the Orient from New York, the manu
facturers of New England are enti
tled to a differential based upon the
difference in the rate from New Eng
land to New York and the rate from
the south to Now York, Npw Eng
land's geographical advantage of be
ing closer to New York, than tho
south leads the commission, so it will
say, to consider Now England iq posi
tion to have lower rates. The de
cision will affect one of three cotton
differential cases filed by southern
manufacturers. All of tho complaints
Involved, vital principles. ..The cases
were brought in each Instance by
manufacturers or shippers of south
ern cotton piece goods and waste di
rect from the mills of the south to
the Orient and against twenty-seven
railroads and transportation compa
nies. One of the cases dealt only with
rates tp points on the Pacific coast.
The other two involved the through
rates across the continent and the
Pacific ocean? part water and part
j (Continued on Page Savon.)
Private Henry. LWyatt
A ' ff I t? v ,tA
? xi -1 K V -a r ;
r ' ;
Seven Passed Crcrlii
Id!o tbe Sleep Ttit K
No jtfaklsg'
FiiUTHEBSSuSTIlili::-:
MOST SERIOUS W.
A Warning That the rfops Snpport
ing the Old Buildin( Had qiven .
Way and That a Catanfroplie Was ;
Imminent Had, v Been GUeajfbe'
Building Department and an OffT' .
cer Had SUrted for the Seen to
. Investigate, But He Arrhed Too
Late, ) t ' ' '
(By Leased Wire to The Times X '
New York, June 25.- Seven per- ,
sons were killed, four seriously in- '
jured, two children are' missing, and.
tho lives of a score of firemen were '
Imperiled early today when the old
four-story building at No. 88 Walker
street collapsed ' 'i
ThQ victims were asleep on' the
three upper floors when the crash
camp. ' ' . ,
The dead Include seven members
of thq Tarchino family: Antonio..'
aged SO; Marie, aged 17; Frederick.
aged Lillian, aged t, Boccio, aged
36; Susan, aged 13, and Edward. 1
aged two years. ' ' - . "
Tho Injured: Tomasso Tarchino,
aged 40, taken to tuo hospital; nn; .
morous lacerations. " Mario Tarchino,
his wlfa, aged 38,, contusions and"
lacerations. k Oeorge, Tarchino, npper
part of hqdy Injured," contusions and
lacerations. ,',
, Fireman Sammett, head, face, arm'
and hands cut, . . v k; ' v ; ,
;- The building had been undergoing
'repairs tof Bearly two months.' It
was half a century old ana In bad.
condition. Just before midnight the
building department, , was notified
that the toll-paper props which had
been placed for the testing purposes,
over large cracks had broken. Tha
building department said ,that an offi
cer would go immediately to , the
scene but he did- pot arrlva until
long after the collapse. '
Coroner Harburger aald the trag
edy was due to criminal negligence ,
and that the polios have been ordered
to make a thorough Investigation In,
order to place the crime where It be
Private Henry 1 L. Wyatt, of , the Edgecombe,' Guards,
killed in the war between the states, shot down ia , the
Bethel, Virginlar
the. first man
action at Big
MM t. Wyatt soon
' TO HAVE ilONUfilENT
'Secantly Mr. - John A. , Mitch
ene.. of - feelraa called., kttenllpn
tqrpuh,' Tjjjo Selma. NeSj tp t- tho
fqct that jJqrth, Carolina had harj the
first filled. x almost al; tho wars In,
which, this 'country ha'4 -been0" en
paged, an( spKented that, they
should have, monuments. Tte, llal
i ii h Evening Tipios urtod th crect
li ; of a monulnenj to tho memory of
V, v-.fi. In' .the, Capitol Square. ' At
i J' iicniy L.' Wyatt chapter. of
. el s - of tlie '. Confi'deracy nt.
Selrna organised,,! movement to Vaise
money for ,thl purpose.' Othet starts
papers t0"11 tlie proposition with
xeal, and the work Is already vnder
' The picture nfHohry V Wyatt
shown. abtv5 is pi-inteil by thd cour
tesy if tho Solriia Nows. The thmry
L. Wyatt chapter of TJatightera at
Selma-has a plendid purtrail
Wyatt, and' it will give as a prise
to tho' chapter raiding ti n prrtitesl
amount of money for ti.t linmiiim nt.
THE BATTLESHIPS TO BE
BUILT IN PRIVATE VABBS.'
(Bx Laaaed Wire ia Tba Times.)
Washington. D. C, June There, Is
no likelihood that either one of the new
20.000 ton battleships, bids for which
were opened at the navy department
last Thursday., will be built In' gov-4
ernment yards. ' -.
The estimates made by tha naval
constructors tor the building of on
of these vessels in a government yard
are in the neighborhood of 1700,000 In
excess ef the bid of tha Newport News
Shipbuilding . Company.- and (soo.ooo
higher than the proposal of the For -River
Company. Iq fact. It is said that
they are only stigt)tly undqr.the bid
of the Cramps Company, which Was
the highest of any submitted. , ,
TALE OF THE aiGHTSBJBT '
i OP WIUMM $. BRYAK.
(By Leased Wire to Thetit" ) ' ,
, Parsons. Kas., June IS. William J.
Bryan lpst his night shirt1 on a train
at this blaca, hnd how It felt Into t tha
hands ef efV-on Davfi, the conduc
tor bt the tral4 Ivas repotted by train
men to the general offlca,"of the Mis
sourl, Kansas Jt Texast tr. Bryan's
shirt waa returned to hlrft by an agent
named wntlam McKlnly. v i'i
TIIREATS TO f.!t
i :- i fey iaoei Wirk to tns unee. : u
" ISjl FrahclBco, Cal., June 5.-
pcneral frpdorlrk FunsVon ueclares
he hAs received licnty snonymoki
lptUrs threatening hi n with death
It tie dares to parade V ub, his troop
July . Thnne tetters wore received,
the gmiMiii 6as, In tore he made his
reply to i' 1 r'-'nest of the Fof(!t
Of July c a for the M f ra
ti-. ;i df t' 1 ..1 troops Id t.,-3
pns. 1 1 " .. ... . j ,