.
ptffy Afternoon Papbr nolvioon Richmond and Atlanta With Leased Vliro and Full Prcoo DSap01x
T.4HT TnTTTflW .. c i w niTTn winiTiii1 A
THE BALEIGH EVENING TIME
VOLUME 30.
RALEIGH, N. C, WEDNESDAY, JULY 17, 1907.
PEICE 6c
PR1TCHARD COMES WITH
A HABEAS CORPUS WRIT
Lieutenant Balmaceda and Court House in Brussels.
THE ELK REINS IS!
HELD BY TENER
On the. Way to Investigate
Case of Agent Thomas
L Green
GREEN'S RELEASE WAS
And Ho is Now Out of Jail Without
Dond The State's .'Attorneys Op.
pose the More for a Continuance
of the Case Asked by Counsel for
fie Defence No Decision Has
Keen Rendered Yet.
'(Special to The Evening Times.)
AsheVlllc, N. (, July 17, Judge
Prlti hard leaves this afternoon for
Raleigh to Invetticrate the Green case.
He has habeas corpus papers, signed
and reailv to serve on the sheriff of
Wake cou lily.
Judge Long this morning heard the
niotion for a .continuance -of tho case
against Mr. T. 10. Green, city ticket
agent, for tho.. Southern Railway, who
was arrested yesterday on the charge
of tell i rf; tickets lor n.ore.. thsn-the-legal
rale. A rt.'.ir an ho :r of argu
ment lor and against, the continuance
of the raf , the Judge abruptly ad
journed th't-hjariMK until 12 lo'.elork.
Prisoner Delivered to Court.
At 1 1 : Sft the judge called the coun
sel and prli-otter inlo the, court and
Issued an "rdnr to the r. he riff of Wake
taklnr; Mi. Green out oi the sheriff's
custody and putting him Into tho cus
tody of the court. Ho then adjourned
court until 2:30 this afternoon. The
order reads:
To Sheriff of Wake:
State
vs.
T. K. Green.
Mr. Sheriff: Tho court orders you
to produce the defendant T. K. Green
at the bar of tho court and surrender
him forthwith to the custody of this
court, he being now in your custody
(or failure to give appcaranco bond In
State vs. T, E. Green, No. 11; of the
criminal docket of tho superior court
of Wake county.
Tho court orders the defendant
T. E. Green to remain at tho bar of
the court when it Is in session at tljJa
term until further ordered by the
court, or until be gives the bond In
the sum of $100 heretofore required.
n. F. KONG.
' Judge Presiding.
Ticket Agent Green slept In the
county Jail last niht, having de
clined to give a bond of $100 for his
Rppearanco in tho court whenever
summoned. . ;
This morning Mr. Green war. in the
court room, and after the adjourn
ment of the hearing at 10:30, walked,
In company with a deputy, to tho
o (flees of First Vice-President An
drews of the Southern, where a con
sultation was hold.
At 11:30 Mr. Green was released
from the custody of the sheriff, he
being cited by the judge to appear at
the bar of the court whenever court
was In session.
Fight Over Time of Trial. ;
Ex-Governor Aycock, as soon as
court convened, moved for an imme
diate trial of Mr. Green, whereupon
Mr. Busboe objected, stating that ex
Judge A. C. Avery had only arrived
in the city last night and had had no
time in which to consult and prepare
for the trial. Ho asked for a reason
able time to fllo a process or answer,
saying that the defense ought to be
allowed time for counsel o consult
together1. Ex-Judge Avory declared
that if the case is ordered for imme
diate trial it would find the defense
wholly unprepared, and thought such
. a procedure without precedent. It
will take several days, ho said, bo
fore the defenso can get testimony.
Counsel asked no more than any
other defendant, he said.
: It is manifest, ex-Governor Aycock
said, that the counsel want a con
tinuance, not to prepare for the trial,
but to prepare not to have the trial.
He insisted on the trial. "Your
honor called tho attention of the
grand jury to the matter," said Mr.
Aycock, "and for a week tho defenso
knew that this was coming. The
Southern rtallway has every facility
for employing counsel railroads, tel
egraph' lines and money and has
had amplo time." 5
Mr. Justice declared that Mr. Bus
heo on two or three occasions has
"not had time or opportunity." In
regard to Mr. Avery not having
knowledge of tho case,' Mr. Justice
said that the judge's name appears
to an application to the federal court
to enjoin the lawyers from represent
ing tho people In the North Carolina
courts. The reason Col. W. n. Rod
man is not here is because he is in
Ashcvlllo trying to Interfere with the
court's jurisdiction.
Mr. Avery understood from what
Governor Aycock said that tho de
fense, on reading of ' the Judge's
charge to tho grand jury, should
have taken cognizance of It through
the papen; and employed attorneys.
Such iv proceeding is unheard of, he
said.-
Tho defenso was asked what their
policy in tho matter would be. Coun
sel for defense declared that they did
not know, as they had had no time in
which to confer. They would do
everything they could in tho interest
oi their client.
Mr. Avery took a fling, at Mr. Jus
tice when the speaker of tho house
interrupted on one occasion by re
torting that ho (the judge) was not
preparing for the next, campaign;
.that, he was 'preparing for his -.'client.
Tho whole. matter seemed no near
er settlement, -than when court, con
vened at 0 : "0. Judge Long tolrl l ho
counsel for the defense, that-he was
anxious to give .them any rotso'nuhle
time. Clearly there was; r. do-ilit. in
his inin'd as to whether t'iiv (lof'virse
wanted deUiv to ;:: nr" for the trial
or. to prepare: for .'.injunctions.'
The attorneys for th- state, Messrs.
Avfocl;, ,! untie, aril II van. v"' present-today;
. OouhsoJ.or.lh-i' defendant
were Mr. 1 If. IliiBue and ex -Judge-A.
C. Avery. Mr, J. H. Poti has been
employed as special counsel for the
dofojiso, Col. W. B. Rodman, who
w as here Monday, was called to Ashe
villo. Argument This Afternoon.
Court this afternoon convened short
ly after 2:30. but since counsel for the
defense asked for a court stenographer
nothing was done until after 3: SO,
when the stenographer arrived. Mr.
Ilusbee introduced to the court Mr. A.
1'. :Thom. of Washington, V. ('.. gen
eral counsel of the Southern, who ar
rived In the city this afternoon. Ai
gtinient on the motion to continue tho
trial Is going on.
THEGOVERN0REXPLA1NS
Made No Denunciation Against
Judge Prilchard
Governor Glenn Expressed Ills Sur
prise lit the Actions of the Kail,
roads in Taking Their Cases from
State to Federal Courts.
Governor Glenn. In an interview
this afternoon, stated that tho news
papers were mistaken In saying that
ho denounced Judge Tritchard. The
governor says that he only expressed
his surprise at the actions of the
railroads 'in going Into the federal
courts to get rid of habeas corpus,
Instead of having the case tried In
a, state court In an orderly way.
The governor also said that he
could not see how, under the-decis
ion. Judge Prltchard would Issue
the writ. He declared that It was
not a case for denunciation or for
hot-headed action, but one for cool
headed proceedure, that, believing
us he did that the state was legally
right in .all that it was attempting
to do, whatever action the state
courts took would be enforced and
executed by him as governor.
"SINKS 'OK CORRUPTION," '
DECLARES BISHOP MATZ
(By Leased Wire to Tho Times.)
Denver, Colo., July 17. Blwhop N. C.
Matz of tho Catholic diocese of Colo
rado. has surprised his flock by declar
ing that all public libraries are "sinks
of corruption, and by denouncing Car
negie and Rockefeller for helping to
Increase their number for mere self,
glorification.
In preaching- on the biblical Injunc-
tions concerning the giving of alms,
the bishop said the widow's mite, given
In tho right spirit, Is more acceptable.
in tho sight of God than the princely
endowments of colleges, which million
aires are praised for giving. He said:
"Libraries place within the reach of
all classes tho Infidel teachings of Vol
talre, and the sensational novel, both
getting in their work of destruction
only too easily."
IN A MAD RUSH BY PRSTCHARD jfMja
Fifty Seriously Mured in
Crash on Elevated.
TOO MANY PASSENGERS
The Motoriiiaii of One of the Trains
Says So Many Crowded Into the
Motor Box -'flint it Was Impossible
for Him to Operate the Train,
Hence the Collision. ,
(By Leased .Wire - to The- Times. )
New York, July 17. J''i fly persons
wcro seriously injured and a score
more trampled in a rush to escape
from cars in a rear-end collision on
tho Third avonuo elevated - road-, nl.
One Hundred and Sixth street, last
night. Both trains curried far too
many passengers..
An Italian, celebration at. Little
Italy broke up, and everyone of the
throng rushed to board one train.
Tho .'..other: train rushed .along and
crashed into tho first. Tho motor-
man says so many . people crowded
into tho motor box that, ho could not
operate tho train, and tho collision
resulted.
Tho trains collided with terrific
force, telescoping several of the cars,
The usual panic, resulted, men and
women having no sympathy for each
other and trampling over children.
Firemen chopped their way to rescue
through tho sides of tho cars. Stores
all along Third avenue were turned
into emergency hospitals, and half
tho ambulances In New York city car
ried away tho injured. Two persons
had both legs cut off, Broken bones,
cuts, bruises and internal Injuries
were suffered by scores. The firemen
were obliged to pass the Injured
down to tho street, by ladders.
(By Leased Wire to The Times.)
Chicago, Ills., July 17. A "wild man'
was killed yesterday In a desolate re
gion near Pine Stutlon, Ind,, after hu
had dangerously wounded one police
man and - Indicted Vesper Injuries on
four others. Pine Station is on th
Lakeshore road between Gary and
Whiting. For three clays the strange
man had terrorized the sand dune and
scrub oak country along the Indiana
shore."
The hunted man was killed after a
running fight with a 'posse of fifty
men. He finally was surrounded and
In the fusllade that followed It Is said
500 shots were exchanged. Ho had a
revolver and shot gun, plenty of am
munition and a long knife.
The policeman who did the killing
swam ,the river, holding his gun above
his head before sendmg a bullel
through tho forehead of tho desperate
man who was holding the posse at bay,
It is supposed he was an escaped lun
atic, although nothing had been dis
covered that would throw any light
upon IiIh Identity up to n Into hour
this morning. .....
MAN HUNT AND A
WILD ONE KILLED
a How Reynolds Evaded Writ;
How Reynolds Evaded
of Habeas Corpus
THE AGENTS RELEASED
When Judge Prilclianl Demands
that Wood and Graham, South
ern'! Agents, be Brought Before
llim, itej uolds ..Simply Dismisses
the ( use, Saying that the Men arc
.Not in Custody.
. (Special to .Tin; Evening Times.)
AsheUlle, N. ('., July 17.-A writ of
habeas corpus, issued by Judge Prilch
ard, coiiimuirding: the chief of police to
bring Jaines-Wi'iod and K. II. Graham,
agents for the Southern Railway, Into
court to intuire into; the legality of!
their: -detention'. was . frustrated by a j
smooth, move on the part of Judge
Reynolds. 'Reynolds simply dismissed
the rase; - When the chief of police was
asked for the men he stated he .had
no such" -persons in. custody, thereby
forcing Judge, l'l'ilehnrd to dismiss; his
eases. Interest is at high pitch, ami
the next move is anxiously awaited. I
This . earlier telegram from Ashe
ville. throws additional , light on the
case;- ':...
Asheville,- N. IV July 17. Judge
Prilchard issued a wi lt of habeas cor
pus in the case of. James Wood and R.
H. Graham. Southern Railway, agents-.
demanding that they be brought before
hini that lie might imiuiie into the le
gality of their detention. The hearing
was set for this morning at 10 o'clock.
judge Keynoius. noiuieu or i-riii u-.
aios uei, li'lt:Mlneu , iti vi ihil
The governor instriieted them to pro-
eeed with the case and notify the so
licitor for tin- prosecution' In police
court. The case was culled In the
United Slates 'oim at 10 o'clock. The
governor's action relieves Judge Rey
nolds of any apprehension of prosecu
tion for contempt by the United States
court In trying tlie c use. Governor
Glenn and the Hate of North Carolina
are guilty of contempt if any one Is.
The hearing was scheduled for noon
today, but was postponed owing to
lengthy arguments before Judge
Prltclmrd keeping the case In his court
until titter the hour set for tho police
court trial,
SUIT FOR DEATH
OF M. B. WINSTON
Suit was Instituted today by L. C.
Winston, administrator, through At
torney. W. C. Douglass, against the
North Carolina Huilding and Supply
Company.- The suit Is on account of
Hie death last February of M. B.
Winston, a young man who was then
in tho employ of tho. above-mentioned
company.
Com plaint litis not yet been filed.
Mr. Douglass this afternoon said that
damages to the amount of $20,000
Would probably he claimed.
Assistant Post master Gone.
(By Leased Wire to The Times-.)
Untie, Mont,, July 17, Nicholas
,T. Ken ,.,; assistant postmaster, who
disappeared a month ago, Is a de
faulter to the amount of tit least
$S,riiKl.
The photograph on the left shows
the coui-t house li Brussels where
young Wnddhigton 'is being tried for
(he.. murder of M. Iinlniaccdn. Bal
maceda was '.slain because of his re
fusal to marry young Wnddington's
sister. I'liologroph on the left shows
ISalinaceda in liiillorni of a Lieuten
ant of the llmMian avv.
POSITION OF
GOV. GLENN
Phoned Instructions to Ashe-
INSTRUCTS SOLICITOR
( hief Executive ol North Carolina
Requested Solicitor Brown, in
Event That Judge rritclmrd Re
fused Iti Dismiss, to Appear Before
United States Court.
Governor Glenn tins morning
phoned Solicitor Mark I). Miown of
Ashevillo to represent t lie state be
ft.ro Judge I'ritcliat'd in tin; habeas
corpus case, .and to move lo dismiss
or the ground thai the defendant,
J. H. Wood, agent, of the Southern
Railway Company, was not, and had
not been in the custody ol any slate
officer. Ho directed Mr. Brown fur
ther that; if the judge refused to dis
miss the habeas corpus case, but. dis
charged iho .-defendant, to appear he-
fore the Supreme Court of tho United
States, to -tho -end lhal, the slate's
rights might, lie heard before the
court.
PAMLICO RIVER
(Special to Tho Evening Times.)
Washington, N.-C., July 17. Y ester
day afternoon Mr. John Whaley met
his death by drowning in Pamlico
River. Mr. Whaley .was employed In
the liver truffle on the gas boat May-
ona, and it seems that the boat ran
aground , In trying to shove the bout
off, In some way Mr. Wlinley lost his
balance and fell overheard. Not be
ing a very good swimmer, he sank be
fore any one could come to his rescue
His bodv has not yet been recovered
and parties are dragging Iho river to
recover It. .
Mr. Whaley was a brother of Police
man Fred Whaley of this city, and
had many friends here, He leaves a
wife and one child to mourn bis loss
DROWNED IN THE
Elected Grand Exalted Rulcc
After Hot Contest.
DALLAS NEXT PLACE
The Texas City Was Chosen as the
Place of Meeting Without Opposi
tion The Order hi a Most Pros
porous Condition and One of the
Richest in America.
(By Leased Wire to The Times.)
Philadelphia, Pa.. July 17. In
the most, exciting contest ever waged
in the convention of a fraternal, or
der, John K. Tener, millionaire
banker of Charlerol, I'a., was elected
grand exalted ruler of the Benevo
lent and Protective Order of Elks.
For a year Tener-will hold the
reins over one of the most powerful
;ind patriotic organizations in Amer
ica. He will be the voice ot one
quarter of a .million of Elks. The
power that is his today is in sharp
contrast to the kind of leadership
held by Charles Vivian,; the English
concert singer, whose little, gather
ings forty years ago formed the
nucleus of the present organization.
Exciting scenes: were witnessed
upon the floor ot the Academy or
Music where the convent ion was
held before the election of Te-ier
was assured. The declaration was
made that the big men in the order
were trying to force through a slate
It was evident, however, that Tenor
wtts the man ot the hour and that
the opposition would be carried along!
with the tide. I.
Dallas, Texas, was selected s the
next convention city, without, the
slightest opposition at tho night .s'?s-1
don of the convention. . .
Many of the Elks who attended
1 "I i c night session ,.ad been-. tipped off
that Tener had. won out on a four-
to-one vote and his friends were
jubilant. There was no official an
nouncement, "however.
It was also learned that the prob-
ahality is that, none of the trustees
will be elected and that the whola
t icket, will fail because none, of the
candidates received Vho necessary
majority., of all votes cast. The
latest returns showed . thnt if any
one man stands a chance to he elect
ed to a trusteeship it Is Robert Mills
of Superior. Wis. Out Of the 502
ballots counted at. midnight, there
were four votes between Wagner and
Leech, the candidates for, grand
treasurer.
Itenort of Judge Molvin.
Interest was aroused at the night
session in the report of Judge -Molvin,
the retiring grand exalted ruler.
He Inveighed against the state or
ganization of Elks, arguing that, the
only organization should be the na
tional organization. He also -urged
a pause in the taking ot Elks teeth
as Elks emblems.
Under the new .-constitution that
has been adopled a grand forum for
the trial of all Elk disputes has been
established and the following justi
ces were appointed by the retiring
grand ruler last night:
Chief Justice. Charles E. Pickert,
of Waterloo, Morris Rohenert of
Detroit, for a two-year term, Wil
liam H. Moore of Seattle-, for a
three year term; Thomas J. Cocanl
of Cincinnati, for a four year term;
R. W. Brown, of Louisville, for a
five year term.
Fred C. Robinson, the present
grand secretary, was re-elected with
out trouble.
There was no opposition- to either
W. K. Leckle of Dowaglere, Mich.,
for loyal knight or to Bayard Gray
of Krn nk ford, lnd., for grand lectur
ing knight, and they were elected
hy acclamation.
The order is reported in a most
prosperous condition. It. Is now one
of the richest. In America. Its .prop
erly Is worth millions, its available
assets alone are $211, (iU'i.."!t cash
on hand.
At 2 o'clock this afternoon John K.
Tener said that the vote for grand
exalted ruler of ihe Elks was 1,I2 for
him against Ifil for both his oppon
ents. He said that John I). Shea had
Green beaten two to one for grutd es
teemed lending; knight...
HOLDS ItKCOrXT DM, I,
UNCONSTITUTIONAL.
(By Leased Wire to Tho Times.)
New York. July 17.- -Tho recount
bill war. decided unconstitutional to
day hv Hnnouncement of .lust Ice In-
I graham In .Ihe appellate division of
ltho supremo court In this city.
So it is Declared by Charles
Edwards
WATTERSON NOW MUTE
He Simply Snys Tluit Whenever
Bryan Declares Hlmwlf Out of
the Race lie Will Whisper to the
Xebiasknn the Name of the "Dark
Horse," Who May Win.
(Bv Leased Wire to Tho Times.)
Washington, July 17. Governor ,
Johnson of Minnesota is the choice
of Henry Watterson, the Kentucky
editor, for the democratic presiden
tial nomination according to Charles
A. Edwards,' secretary of the demo
cratic campaign .committee who has
been in Louisville.
It will be recalled that Mr. Wat
terson recently said that there was
one democrat absolutely available
for the nomination against whom no
taction In tnc party entertains ani
mosity and who could defeat Theo
dore Roosevelt, or any other nomi
nee. Mr. Edwards, in speaking of
a conversation he had with Colonel .
Watterson, Said : .. .. . .
"Colonel Watterson expressed the
opinion that W. J. Bryan commands
the situation and that, no one could
be nominated -whom Bryan does not
indoiLc; that Bryan could have the
head of tlie ticket if he wanted it
and that It will lei only necessary
tor him to Indicate that .';e is for a
given -candidate., to Insure his cclen
licn. .'V.
" 'If Mr. Bryan will only say to i
the party,' said Colonel Watterson,
'that 'he. - regards Governor Johnson
as the best man for the place, then
Governor Johnson will be named.'
"Going into details Colonel -Watterson
said that without exception
each possible candidate is antago
nized by some powerful clement in
the party, but when it comes to
Governor Johnson there is not one
hundred delegates In the country
who would be against him. Colonel
Watterson granted that this was due
to tho fact that Governor Johnson
never has been before th . nation
prominently and therefore people
know comparatively little of him
excepting that he carried Minnesota
first in 1904 with about 10,000 ma- '
jority over the republican nominee
although the state gave RooBevelt
100,000 majority, and that last year
Johnson carried Minnesota the sec
ond time with 70,000 majority."
AN INTKRVIKW WITH
THK BRILLIANT HENRI?;
Louisville, Ky., July 17. In an
Interview last night Colonel Watter
son said: .
"The chief trouble In the demo
cratic party is Its lack of unlty It
represents two branches, the radi
cals, so-called, and the conservatives,
so-called, of the north, projected
from a huge trunk, known as the
solid south. In three presidential
elections while the south has Btood
firm to Its colors, the two northern
branches hav) steadfastly refused
to vote for one another.
"Mr. Bryan himself Is one cause
of dlssentlon, and Mr. Bryan Is not
guiltless of his share of responsi
bility for this. Yet his leadership
remains intact and unchallenged.
Tie should be treated with respect
but no good end can be served by
treating him with reserve. ' He 'Has
no reserve himself, and while this
might, bo a virtue In a private Citi
zen it becomes a weakness In a pub
lic man and something more harni
f nl st ill In a party loader."
Asked whom he iavored bb 'the
next democratic candidate, Colonel
Watterson said:
"I havo no favorite, and no can
didate." ' ' 1 ,
"But the 'dark horse' about' hlch
tho newspapers have been talking
sn much?" hn n mlklrt' '' '
"I know of Just such a marf,' trttt
without Mi. Bryan's backing 'nobody
'can win. As soon hb Mr, Bryan tfelts
me be is out and asks me tor ffly
man 1 will whisper the name to hint,
and not before."
HEAVY LOSS IN " i
COTTON BY HRE
Little Rock, Ark., July 17,-tnm'ah
A Co., cotton dealers of Antnsttji luf
fered a loss ot $150,000 In a cotton
fire here today. It Is fully coverea
bv Insurance. v
J:'
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TDTD TTVTnr