Only Afternoon Paper Bcivccn Richmond and Atlanta With Leased Wire and Full ' Press Jia&5
NIGHT EXTRA. . LAST EDITION.
THE EALEIGH EVENING TIME
VOLUME 30.
TWELVE PAGES TODAY.iZw
RALEIGH, N. C, SATURDAY, JULY 27, 1907.
TWELVE PAGES TODAY.
PRICE 6c.
f EW RATE INTO EFFECT
Mi SOON A5 SCHtpULE OF
RATES CAN BE
The 2 1-4 Cent Rate on The
Southern and Coast line
By August 8th.
At half past six o'clock the con
ference was over -.: and Governor
Olenn dictated the following terms
of the agreement reached to the
members of the press:
1. The rullroad puts the 2c.
rate Into effect not later than Au
gust 8. 1907.
2. The state to appeal from the
order of Judge Pritchard discharg
ing the parties In Asheville on a
writ of habeas corpus.
3. Tho Southern Railway to ap
peal to the supreme court of North
Carolina In the Wake county case,
and If the rase there be decided
against them, to take the case by
writ of error to tho supreme court
of the United States.
4. That both sides co-operate to
have bot:i of said cases advanced
and argued together and speedily
determine..
5. The state at its option to in
dict tho Atlantic Coast Line in one
:. care. ,'
0. All Indictments and prosecu
tions ; n-jw pending to he dismissed
and no other indictments or prose
cutions to be instituted for any al
leged violation of law up to the
time the new 2c. rate is put into
effect urfder this arrangement, as
far as tho governor can control the
same. ' '
7. The . g-jverr.or advise all people
against bringing penalty suits pend
ing Ciinl Jeterminatlon of the ques
tions Involved, and ask the people
fts a wholj to acquiesce In tufa ar
rangement.'. 8. The suit pending before JuJgo
Pritchard b diligently prosecuted
without ttaG state, however, waiving
any" question of Jurisdiction.
(Signed)
v ALFRED P. THOM.
ALEX. P. HUMPHREY.
Counsel for So. Ry. Co.
R. B. Glenn,
Governor.
Messrs. Thorn and Humphrey also
as counsel for the Southern Railway
Company undertake that the South
ern Railway will not inaugurate con
: tempt proceedings because of any
thing heretofore done by any of tho
state officers In connection with the
rate litigation ,and will do what it
can to prevent' the inauguration of
any such contempt proceedings.
This arrangement between the
Southern Railway and R. P.. Glenn,
governor. Is also assented to by
George Rountree for R. Nelson
Buckley and others, complainants,
and Al-jxander Hamilton, goneral
counsel for Atlantic Coast Line
Railroad Company, except that they
do not consent that the A. C, L. R
R. Co. shall be indicted in one case,
but as to that leaving the state at
liberty to do as its sense of duty
may dictate.
On Monday tho governor will
issue a letter in accordance with
this1 agreement asking the judges
that all Indictments be dismissed
and t:ie people to refrain from
bringing penalty suits, and until
said letter Is received all proccci
lugs to bJ held up.
Ex-Governor Aycock's train was
a half-hour late, so that he did not
reach tho capltol until 3.25. This
threw the conference a llttlo behind
the scheduled time. -
The 'railroad party arrived at
3.30. They were General Counsel
A. P. Thorn of the Southern, General
Sounsel Alex. Hamilton of the Coast
Line, George Rountree, representing
the stockholders of the Atlantic
Coast Line, Judge Alex. P. Humph
rey, general counsel of the South
ern at Louisville, and Assistant
General Counsel Geo. E. Elliott of
the A. C. L.
Governor Glenn asked If thoy ob
jected to the presence of nowopaper
reporters and others.
Mr. Thorn replied that they had
come to confor with tho governor and
he must regulate the attendance.
After a whispered conference, the
governor requested all not concerned
to retire.
Governor Glenn told a representa
tive of The Evening Times today that
there had been no change In his vlnws
as expressed yesterday; that he had
thoroughly oxamlned the law and tlje
THE ISSUE IS SQUARELY
UP TO JUDGE PRITCHARD
(By Leased Wire to The Times.)
Washington, July 27. Assistant
Attorney General Sanford returned to
Washington this morning to consult
with officials of the department of
justice. He has been in North Caro
lina trying to straighten out the tan
gle in tho railroad rate war. Judge
Lyon's action, in the state superior
court at Marlon, in causing tho In
dictment of (he Southern Railway
ticket agents at that place and Old
Fort, it is held here, puts the issue
squarely up to Judge '.Pritchard of
DECLARES ACT OF JUDGE
PRITCHARD AN OUTRAGE
( By Leased Wire to The Times.)
Kansas City, Mo., July 27. - The
action of the United States judge
in North Carolina, whereby h freed
employes of a railroad nfior they
had been convicted of lireak:!i:-; the
state laws and had bev ulu-el ia
jail. Is a ri outrage. !t i:s 'tho most
highhanded act 1 cwr '.loard- of a
judge performing."
These were the words of F J.
Broaddns, presiding judge of the
Kansas City court of Appeals, this
morning. '."--
"North Carolina is helplcs3 and
AN EXTRA SESSION MAY
RESULT IN COMPROMISE
(By Leased Wire to The Times.)
Washington, D. C, July 27.Those
In Washington familiar with the rate
situation In North Carolina claim that
Governor Glenn's threat to call an ex
tra session of the North Carolina
legislature to deal with the Southern
flail way will result In a final com
promise of the whole situation.
The history of the last legislature
is Illuminating. It was really a com
promise body. Many mea.turcs aimed
at the railroads died, others were
S
MAN AND WIFE FOUND IN
ROOM, KILLED BY BULLETS
(Special to The Evening Times.)
Charlotte,' N. C, July 27. The
bodies of Harry Powers, a grocery
man, and his wife, Marguerite, were
found In their room on East More
head street, early this morning, both
facts In tho case so far as he was able
and that he had based his opinion upon
that examination.
"In view of the approaching confer
ence," said the governor, "I of course
cannot give out anything until I have
heard what the other side has to say."
The governor was asked If the con
ference would bo an open or a closed
one. "So far as I am concerned," he
replied. "It will, be public. In fact I
prefer It to bo public; it ia a matter in
which the people are Interested, and
not one to be heard behind closed
doors." " ....
., Governor Glenn was then asked If
newspaper reporters would be allowed
to bo present. He answered that for
his own part, he had no objection to
their presence.
The railway officials arrived In the
city at an early hour this morning on
special trains, accompanied by ' their
counsel. As soon as the governor reach
ed his office this morning ho received
a mesago from the railroad people,
asking him to meet them in conferenco
at eleven-thirty. This the governor
declined to do for the reason thnt the
counsel for the state were not present
whereas the railroad people had their
own counsel along with them, and that
PREPARED
the federal court. ' whose , order of
June. 29 enjoined tho officials of the
slate and all other persons from in
stituting prosecution or attempting to
impose penalties for failure, to put
the provisions of the new state rail
road law into effect.
The question now comes up, will
Judge Pritchard tako' steps to punish
for contempt the officials responsible
for the action at Marion?-. It is suid
by officials of the administration that,
they don't see how he can well avoid
taking this course.
'without redress. It '.cannot punish
tho violators of its own laws, -Where,
will such power of a United. States
judge lead? If a federal j'idge.' hi
to be allowed such oowcr w:iat is
to prevent him from freeing ;i mur
derer or a common t hi if if such i
proceeding should suit his fancy?
"Congress, I believo, will be
called upon to do something. I
think the North Carolina ' federal
judge who has robbed the stato of
its rig:its in this high-handed man
ner should be impeached."
tuned down decidedly. Thus the 2 1-4
tent fare bill was a compromise,' -.two
cents being strongly demanded. It
now the same legislature should be
called together again It would unques
tionably be disposed to a more radical
policy and the railroads know that
some legislation pigeonholed last win
ter would be brought out, dusted off
and passed. Thoy have no stomach
for that sort of thing and this-1s ex
pected to influence largely in favor of
final compromise.
shot through the head. Powers was
fctlll alive, but mortally wounded and
unconscious. It Is almost positively
known that Powers was drinking and
shot, his wife and then himself last
night about 9: an.
he had received no previous Intimation
that a conference was desired. He
suggested three o'clock, and the hour
for the meeting was finally settled
upon for 3:15.
Governor Glenn at once wired
Speaker Justice at Greensboro and ex
Governor Ay eoek at Goldsboro, re
queuing each to come to Raleigh by
first train. Mr. Justice arrived at
12:45 and ex-Governor Aycock reachcB
tho city at 2:50. '
Hallway Officials Here,
A reporter made a Visit to union
depot this morning and found under
tho shed the private cars of Col. A.
B. Andrews, first vice president of the
Southern Hallway, and President T.
M. Emerson of the Atlantic Coast
Line. The officials of both roads came
In by special trains during the night.
to confer with their attorneys, who
Inet them here, and with Governor
Glenn.
Neither President Flnlcy nor first1
Vice President A. B. Andrews came, '
these two officials remolding at Ashe
ville, so It was stated by ono of the
party, until the return of the car. On
Col. Andrew's private car No.' 101
rame Mr. Alfred P. Thorn mnfl Judgi'
(Continued on Second Page.;
CHARGE TO TMEp
HAYWOOD JURY
Much of the Evidence is
Set Aside
ORCHARD'S TESTIMONY
This Testimony, the Judge Declares,
Must bo Considered With Cure
The Ouostion is Whether Haywood
Or Incite'.' Others to Kill Stoiiuon
berg or is He Innocent.
(Hy. ,?. S. DCNXIUAX.)
Hoise At 3: '20 p. in. the Haywood
jury requested certain exhibits he
sent t the jury rooms. There is
no sig-.i of an agreement yet.
Hois;;, Idaho, July 27. -The con-clr.iiioh-
of.' Senator- Borah's stimming
ip in the Haywood trial brought the
case Up to its most 'interesting point.
Tile laws of Idaho are considerably
different, in some respects, as regards
criminal cases, from those of other
slates, and the interest, today cen
tered in the Instructions of Judge
Wood to the Jury. The court room
was well filled and the charge which
brought the rase finally to tluv jury
was closely watched by spectators,
ecpeciiilly, by those with lo-jnl knowl
edge. ::':'.
Judge"'. Wood", after iongralnlal ing
the jurors on the discharge of their
duty, inslrnclcl ihem as follows:
"In your consideration of this case
it is yo';r duty, under oath as jurors,
to accept the law as given by the
(ourt, without limitation or reserve.
It is your duty to apply the law given
by the courts to the faeis shown by
the evidence. At the same time you
are exclusive Judges of the facts, of
which it has been proven in tho case,
of the credltabllity of the witnesses
and of the weight to be given to the
testimony of each and all of thorn.
"In determining the question of
tho guilt or innocence of the defend
ant you will only consider such evi
dence as has been admitted by the
court. You will not .consider 'as' evi
dence any statement made by counsel
for either the state or defendant, nor
should you consider any testimony
which has been objected to and ex
cluded or stricken out of the trial of
(ho case. You should adhere strictly
to your duties as jurors to try the
Issues in 'this ease upon the evidence
and find a verdict in accordance there
with."
The court then instructed the jury
entirely to dismiss and disregard the
testimony of Orchard wherein he re
lated that Pcttlbone told him that
Steve Adams said that he (Adams)
had killed a man in northern Idaho.
Tho state failed to connect this mur
der with the conspiracy alleged.
The Evidence Thrown Out.
-'Resuming, the court said: "I in
struct you that in considering this
caso you will entirely disregard all
evidence introduced by tho defense
and upon rebuttal in relation to tho
deportations of miners and other per
sons in ' Tel lit ride county, as well as
all evidence relating to tho 'dost ruc
tion of property belonging to the
Western Federation of Miners In the
same country. You will also disre
gard all evidence introduced by the
defense and upon rebuttal In relation
to deportations of miners and other
acts of violence, Including the de
struction of property belonging to the
local unions of the Western Federa
tion of Miners In the Cripple Creek
after the explosion of tho Independ
ence depot, as testified to In this case.
And you will further disregard all
evidence .-introduced by the defense
relating to detectives of the Pinker-
ton agency having been placed In the
local unions or the Western Federa
tion of Miners.
"The defendant at tho outset of the
trial Is presumed lo bo an Innocent
man, and he is not required to prove
his Innocence: this presumption of
Innocence has the weight and effect
of evidence in the defendant's behalf,
and should continue until It Is over
come by competent evidence which
displaces any reasonable doubt which
you might otherwise have of the de
fendant's guilt.. ,
"Mere ''probabilities are not nufH-
clent to warrant a conviction, nor Is
It. sufficient that the greater weight
or preponderance of the evldonce sup
ports the allegations of the indlct
tlienl. "If yon believo from the evidence
In this caso that the state has failed
to make out a case against the de
fendant beyond a reasonable doubt,
you have no right to convict the de
fendant for a failure to produce proof
of Innocence upon his part,, or for the
absence of the testimony upon His
part. If, however, it rtppeura that
ARREST OF PRESIDENT
FINLEY
W
either party has failed to roduce any
material evidence which would meet.
explain or rebut material evidence
which has been introduced -uguiust
him, the failure to produce such evi
dence may be considered by the jury
in determining the guilt or Innocence
of the defendant.
"i'nder the law. no jury should
convict a citizen or citizens of crime
upon met? supposition,- however
si long, but before the jury can law
telly convict they must he' convinced
of, the defendant's guilt beyond all
reasonable doubt.
"If it is possible for you to recon
cile the facts In this case upon any
reasonable theory consistent with the
innocence of the defendant, William
D. Haywood, it is your duty to do so,
and find the defendant... not 'guilty'.."-,
The, .defendant' in this casi- is (huig
ed as a principal .under imr statute,
which provides tint the distinction be
tween an accessory before tbe fact and
a principal, ami hetween .principals' I I
the first and second deprive in cases of
felony is abrogated. While Ibis statnt
does away with the-former method-" -of
charging -an accessory before the fact.
it does not do away with the essential
elements of proof with' respect to such
an accessory."
Judge Wood said nieanwhile it was
not claimed that Haywood was - per
sonally present at the time of the com
mitment of, the .offense charged".'!! we
claimed that- he. addressed.' andv en
couraged its commission.
The .burden- of .establishing this f'let,
however. Was .--upon the state. The
state had attempted to prove1 the de
fendant's connection." 'with a . general
conspiracy to kill those opposed to the
plans of the Western Federation of
Miners and the killing of Stelinenberg
was one of the -offenses perpetrated.
"You are charged," continued Judge
Wood, "that there is but -one offense
tor which the defendant is on trial; and
that evidence of other offenses has
been received for the sole purpose of
determining-' whether or not. such gen
eral conspiracy, existed, and particu
larly whether or not the offense charg
ed in the indictment was a' part .'ami
parcel of that general conspiracy. The
defendant cannot be convicted unless
the ::tate has .established . beyond a
reasonable doubt that he is guilty of
the crime charged in the Indictment
the felonious killing of Frank St?un
enberg." If, said tile judge, the jury believed
beyond a reasonable doubt that the
defendant encouraged the killing of
Steunenberg. It would be Immaterial
whether he was actually present at
the tlipe of the killing -or not;- Such ft
conspiracy, however, could n,lt be es
tablished by the uncorroborated testi
mony of an accomplice, .
Even if the defendant did no overt
act in carrying out the conspiracy, yet
if he knew of the conspiracy in fur
therance of a 'conspiracy is the act of
all. I'nder the statutes of Idaho, said
Judge Wood, a person cannot be con
victed of a crime upon the testimony
of an accomplice,-.' unless -such .accom
plice Is corroborated by other evidence
which of Itself and without the aid of
the testimony, of the accomplice tends
to connect the defendant with the com
mission of the offense charged and the
corroboration Is not sufficient, if It
merely shows (lie commission of the
offense of the elrcumsitanecs 'thereof.
The : accomplice cannot corroborate
himself by his own words or deeds.
The corroboration to satisfy the sta
tute must come from some Independent
source. : .
The Testimony of Orchard.
When the proof of a conspiracy Is
circumstantial n defendant's connec
tion with It must be established by
evidence of his -'own nets and declara
tions not tho.e of others. "If," said
the judge, "you believe from the evi
dence herein tlhat. the witness Harry
Orchard was induced or .influenced to
become a witness and to testify in
this case by any promise of Immunity
from prosecution or punishment, or by
any hope huld out to him that If he
test 'y against the defendant he would
n it be prosecuted or punished, then
lh. Ju.j should take such facts into
com Ideratlon In determining the
weight which ought to be given testi
mony so obtained.
'.Such testimony should hi- received
by the Jury with caution and scruti
nized with great cm re."
l:i conclusion, Judge Wood said:
"Under the .indictment- in this case,
the defendant may. If (he evldenci
warrants It, be convicted of .-murder
in tm first degree, murder In th s -oiul
degree, manslaughter, or you ".i.iy
find him n it guilty.
"A n i'si.nable doubt as us -u
throughout these Instructions Is such
a doubt as n prudent and reasnnnbl
man would be likely to act upon In
determining the Important affairs of
life.
- '.'You arp to determine the question
as to whether or not the defendant
killed and murdered Frank Steunen
berg as charged In the Indictment or
aided and abetted such killing. If so,
you should find him guilty: If not, you
should find him not guilty."
- - RELEASED ON
BUT TWO THIRDS
CROP OF WHEAT?
(Ry Leased Wire to The Times.)
Washington, I. ('., July T. That
there will be little more than a two
thirds crop of wheat in the Vnited
States, and that wheat will reach $l.2j
a bushel this fall . Is the prediction of
George c. Howe of Duluth,-' Minn., -one
of the largest wheat growers of .the
great northwest. Mr. IJowe is in the
east on business. He said:
"In Minnesota---the. crop "in probably-'two-thirds'.
yh,nt it usually is. and the
same, conditions prevail, in North and
South Dakota.
. ."Kansas will this year make n
more than liO.eoo.niH) bushels, which. Is
about three-fourths of. the usual out
put. These are the vital states when it
comes to., the 'production of w heat. The
out i m I of . Argentina is not yet known
and the crop in South America will
exert a strong influence on the market
and be of much importance with th
year's- output; It .cannot, under 'tie-most-
favorable comlit Ions, however, be
sufficient to prevent wheat 'reaching a
price it . has not reached for a number
of year;;." ;
INVESTIGATING THE
COTTON EXCHANGES
, (I'.y Leased' Win.' to Tin- Times.)
'.Washington, . July ". iiv. 'riiv re
sult of tile investigation luring 'con
ducted .by, tho bureau of corporations
into tho operal ions, of tUc- cot tot ex
changes of. the country will -not bo
known for several months yet.
The investigation has been under
way for about (.'tree months. Com
missioner 'Smith, of the bureau of
corporations recently spent some
time in New Orleans giving personal
consideration to the investigation.
Two men have been assigned to
make an investigation of the ex
changes in New- York, and six agents
have been working hi the south for
the last . two months, it being t lie
purpose of the department to get tins
work well under way there before
the warm season. .Those' men have
all returned to the bureau, ai'.l
their reports are being compiled, al
though there yet remains, it is
stated, considerable field work yet
to he done.
The? investigation so far made has
extended from Texas lo. North Caro
lina in the -south.".'. It is stated, how
ever, by an official of the depat"
ment of '.commerce; and labor, thr.t
the in vest iga I ion has not progressec'
far enough to give any 'd-flnito in
dication of what, 'tho report; will
show." The report, when-. completed,
will first, be submitted to tho presi
dent, who has the disposition of
same.
MR. WM. W00L1X0TT
DIED AT 5s30 TODAY
Mr. William Woollen! ! , at'Cr an
Illness of two nmni -is,; died at. Rex
Hospital at this afternoon from
a eoniplli at i ;i of diwase.-;. lie was
operated on Tlr.tr.-day,
Mr. W'oollciilt had boon in feeble
health for the past year, ''nil : wa.
able io attend' to his business until
two iiio.it'. s ago. Since b" was taken
lo, tlie hospital, hi.i condition con
tinued to grow worse until Hie end
came at. .S :;!() this a I ici no-m.
,Mr. Woollcott was a . tinlive of
London, and was ti V year;: old July
I I,' lie eaiigriiied l.o America when
lie was 11 1 y.'ai.s of age. .. -For" 'jlilrl.y
years lie Wi's a ..prominent business,
fraternity and ; churchman of this
city a id was an excellent:.' Christian
gentleman; lie was" ii .member of
Sea ton dales Lodge, X.-i. fi-l. I. O. O.
V.. and was ;i nienilvr of the Clinrch
of the Cool Shepiierd. lie H sur
vived by w ife and lliree children
Messrs. Waiter and Fred Woollcott
and Mrs. .1. (', Kllington. .it.
The funeral services will he con
ducted from the Church of i he
Cooil Shepherd tit (I o'clock toinor-
I row afternoon.
0. C. Wilson is Again Arrest
ed and the Federal
Judge Defied
MR. FINLEY'S ARREST
HAD BEEN FORESEEN
And His Attorneys Acted Promptly,
Securing the Writ of HhIk-mh Cor
pus from Judge Pritchard and
Placing It in the Hands of a I'nlted
States Deputy Marshal, Who
served It I'pon the State Officer
inimecliately After the Arrest of
the President of the Southern.
t
..-!ieviile, X. ('., July ST,
Tirkit Ageni Wilson is still
!n 1(1 in the personal custody of
Ji:.!.e Reynolds. The writ Of
habeas .corpus on which Presi
dent l-'inlej- gained his liberty
did not iill'ect Wilson's status.
9
9 9 1 4
(Hy . Leased Wire' .to Th? Times.)
Vsheville, X. ('., ..'tily -7. Tlie sen
;ion cf tin- railway rate matter was
sni-ijn tins inot'iniiu, when rrcslilciit
riub y of the Southern Kailway whs
rved with a warrant, issued from
I'le city police court, and arrested at
ilie llattery Park Hotel by Put rol loan
: Williams ;f the city police depart
ment. warrant was also issued for O. C.
Wilson, ticket seller, who was this
week released by Judge Pritchard on "
a writ of habeas corpus. Wilson was
taken immediately before Judge Rey
nolds in the police court, but Presi
dent Finlcy will not see the inside of
the city court. Information that a
warrant had la-en Issued for Kinley
uns conveyed to the president of the
Southern and the railroad attorneys,
and they acted promptly.
Papers were hurriedly prepared,
and a writ of habeas corpus secured
from Federal Judge Pritchard. The
writ was placed In the hands of
I nited States Deputy Marshal Ituni
sey, and scarcely had the police offi
cer placed President Finlcy under ar
rest when the marshal served the writ
ami took the president out of the cus
tody of (be state authorities.
President Finlcy, accompanied by
the marshal and the police officer,
went to (he I'nitcd States federal
court. They are there now, awaiting
act ion by Judge Pritchard.
Details of the Arrest.
Tie- arrest of President Flnley at
Hattery Park Was effected by Patrol
man Williams a few minutes after 9
o'clock. When the officer put In an
appearance the Southern Railway
president was In the'. dining room of
the hotel enjoying his morning meal.
The blue coat entered the room, and
going- to the table where Mr. Plnl?y
sat, served the warrant.;
President Finlcy requested that the
officer wait until he had finished hH
breakfast.' The request was granted,
and. .the president, as though nothing
bid .happened, continued with the
meal, ,
Incidentally, ; however, ,; something
was happening while, the president
consumed bis brealnast. Attorneys
wore informed of the warrant and
Judge I'lltchiird speedily communicat
ed with. A writ from the United
states circuit court was l-isued and
p! iced in the hands of a deputy mar
sh it. who was dlspfitc.hed post hast"
to the Battery Park Hotel. The writ
commanded that the prisoner be given
into the custody of the marshal.
Hefore the marshal could reach th
Hattery Park, however, some time had
been consumed and Mr. Flnley had
finished the meal, I olico Officer Wll
llnms could 'not .wait, longer, and the
ntllcer and Flnley started for thp city
police court, walking. At the foot of
the llattery Park ''Mill they met the
deputy mar'.hal, who promptly served
the writ on th" police officer and took
charge 'of Flnley.
The pilnoner and the officers then
went to the federal court building,
where at 11 o'clock the preparation
of the writs was hi progress. Col. An
drews and Comptroller riant 'of the
Southern are with President FInlov
In the court room. WJIson Is' In the
personal custody, of Judge Hcynolds.
Later Judge Pritchard has ordered
the release of President Flnfejr. Fln
ley testified In his ow'n behalf, My.
(Continued on second pagOj
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