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Only Afternoon Paper Bchvccn Richmond and Atlanta With Leased Wire and Full Press DSspntchoo ALL TK? UABRETS. THE RALEIGH EVENING TIMES VOLUME 30. RALEIGH, N. C, THURSDAY, AUGUST 1, 1907 PRICE 6c TO REMOVE THE OF Alabama's Legislature May be Called Together COMER HOT AFTER 'EM Nominate on Anti-Railroad Plat form, Though He Rag Been flayed by the State Press,' He' Yet Stands Head ' Down Toward the ' Roads'. Accused of Stealing Glenn's Thiui- , der.. (By Leased Wire to The Times.) Montgomery, Ala., Aug. 1. As the result of an all-night conference be tween Governor Comer and his law yers, it is probable that an extra ses sion of the Alabama legislature will be called in an effort to repeal cer tain of the railroad curbing acts passed during. .the. winter session of the legislature, which are now sus pended from operation, owing to liti gation over the constitutionality of the laws. The conference was turned Into a vigil after midnight, while the chief advisers to the governor tried to de termine whether legislative acts may W repealed while their operation is under federal court probe. At an early hour this morning the question had not been settled to the satisfac tion of the attorney general and gov ernor, with the result that the de cision on an extra session will not be made until this evening. In case an extra session is deter mined upon, it will mean that the governor of Alabama will attempt a tiew: strangle grip on the railroads that operate within state borders. The chief executive of the state Was named on an anti-railroad platform, and, notwithstanding that the people have lost confidence in him, that the state press.. has-unmercifully flayed him at every step, he ia as determined as ever, and unless the members Of his legislature desert him completely he will have Alabama railroad legis lation fixed to his satisfaction, before he gives up the fight. However, chances for further legis lation against the railroads will be fought tooth and nail. All over Ala . bama editors will take up the cudgel against this latest move of the gov ernor. In several instances this morning he is openly charged with plagarizing the ideas of Governor Glenn of North Carolina, while other editors renew their charges of per sonal ambition against the governor. Filibustering of a colossally artis tic nature exhausted every minute of the senate session this forenoon, with the result that one of the administra tion's pet measures becomes a dead ; letter until th eact is taken up at this evening's session. The measure chlo roformed is the pet scheme of the governor to halt the operations of freight trains in Alabama on Sunday. THAW CHOOSES M. I LITTLETON (By Leased Wire to The Times.) New York, Aug. 1 Martin W. Lit tleton, former president of the bor ough of Brooklyn, was 'today appoint ed chief counsel for Harry K. Thaw, and to continue as such until after the next trial of the young Pittsburg mil lionaire, on a charge of killing Stan ford White. This announcement was made in the Tombs after Thaw held a conference with his mother, who had come espe daily from Pittsburg and Littleton will be assisted in the conduct of the caBe by Lawyers O'Reilly and Pea- body. It was understood that Mr. Little ton will receive a fee of $25,000 for his work. After the announcement of his retention had been made by Mr. O'Rell ly, the young Brooklyn lawyer said: "I have accepted this proposition with the distinct understanding that no one is to Interfere with me in any manner and that I shall have the sole conduct of the case. Mr. O'Reilly and Mr. Peabody will assist me. Papers have been signed which guarantee me a free and unhampered management of the case." It was remarked as peculiar that Thaw should select another lawyer from the west to conduct his case.. He brought Delphin M. Delmas from California an his chief counsel at tho last trial and now retains Mr. Little ton, who came from Tennessee. CURB COMER HEALED BY THE SALVE OF GOLD His Wife's Affections Lose Many Points 00 AT HALF FACE VALUE Prosser Sued Fogarty of the Navy for ' Ailcuuiion of Mrs.1 Prosser's Love. Nov,'it'"i8 Said Matters Are Ar ranged' by" the' Payment of One half 'He Asked. ' " " . (By Leased Wire to The Times.) New York, Aug. 1. A dispatch from Portsmouth, N. H., to a New York paper says: Navy circles have been ntunned by the rumor that the $10,000 suit brought against Lieut. William B. Fogarty, U. S. N., assistant naval con structor, on duty at this yard, by William Prosser, commissary steward on the prison ship Southern, charg ing the lieutenant with alienation of his wife's affections, had been settled by the payment of $5,000. Neither Prosser nor Fogarty would confirm ordeny the story, but people In a position to know say that a settle ment has been made and that Prosser will soon ask for sea duty. The suit was the result of an al leged confession by Mrs. Prosser to her husband, after he had discovered her registered . under an assumed name at the Hotel Netherlands in Boston, Saturday, May 2d, last, at which place, it is alleged, she had gone to meet Fogarty. : The Wednesday before his discov ery, Mr. Prosser says, his wife left for a visit with relatives in Philadel phia. The next day (Thursday), upon his return from work at the navy yard, he found a letter from his wife addressed to the house girl, in which Mrs. Prosser asked that what ever mall came for her be forwarded to the Hotel Netherlands, Boston, where she was registered under an assumed name. "'.''" The note gave the assumed name and stated that her friend "F;" was coming to Boston Saturday to see her. Prosser went to Boston Friday, where he found his wife. He said nothing, but hung around the hotel until Saturday, when, Pros ser alleges, Fogarty came into the hotel and Inquired for the lady bear ing the assumed name given by Mrs. Prosser in her note. Fogarty, it is alleged, made a start as though to take the elevator for Mrs. Prosser's room, when he was confronted by Prosser. Without say ing a word, the lieutenant turned about and left the hotel. Then followed a stormy scene be tween Prosser and his wife, Mrs. Prosser finally returning home with her husband. It is alleged that Prosser found his wife in the possession of costly gar ments and much jewelry, things he had never seen before, and these, he says, were given to his wife by Fo garty. TALLOW DICK COMBS K1LLK1) BY A TRAIN. (By Leased Wire to The Times.) Georgetown, Ky., Aug. 1. Tallow Dick Combs, one of the most impor tant witnesses for the commonwealth In the case against Caleb Powers, was run down by a train near here last night 'and was Instantly killed. A large bottle of whiskey was found in his pocket. ' Combs had been Indicted for the murder of Governor William Goebel, but he turned state's evidence and gave much testimony used for conviction of Caleb Powers. Fate is aiding Powers In death's common wealth's witnesses, as both Combs and W. H. Culton, the most impor tant witnesses for the commonwealth, have died In the last six months. FULL PARTICULARS OF THAT DURHAM RAID Deputy Collector D. C. Downing re. turned to the city this afternoon and brought particulars of the big raid In Durham county Tuesday night, a re port of which was printed yesterday In The Times. The distillery' destroyed had a capacity of 125 gallons. There were eighteen fermenters, 8,600 gallons of beer and seven gallons of whiskey. and all were heaped together and burned. Nobody was captured, the blackaders having left, but fire was found under the furnace. - "If It hadn't been for an old man In his night shirt," said Mr. Downing, "we would have caught a good team, and wagon, ,' tooj . A fellow was haul ing a load of tfteafi to the still, and we were close by,1 Junt as the wagon passed a house by the road, an old man ran otu, almost as naked as a jaybird and overtook the fellow with the meal. A whispered conversation followed, the wagon turned round, and the "man who did the warning act, re turned to his repose." The distillery was about' nine miles west of Durham. A JAIL DELIVERY FIGHT AT SING SING (By Leased Wire to The Times.) Sing Sing, N. Y., Aug. 1 A giant convict tried to bring about a jail de livery in the state prison here, it was learned today, and in an attempt al most succeeded In murdering Robert Martin, one of the keepers. WHY THIS GRAFT, MR. PENNY? ACKER? (By Leased Wire to The Times.) Beach Haven, N. J., Aug. 1." For mer. Governor Pennypacker of Penn sylvania is likely to be called to ac count for not stopping some of the graft on the state capitol at Harris burg'. It Is said that the members of the capitol Investigation commission are prepared to go the limit in advo cating the punishment of every man who in any way profited illegally from tho capitol contractu. It is said that tho members' of the commission are of the opinion that Governor Pennypacker In his testi mony before them showed that ho had reason to be suspicious of the manner In which the state's money was being squandered, and yet did nothing to stop the "graft." It is now proposed, it is said, to make him explain to a court why he remained inactive. HANLEY SAYS WE FACE (By Leased Wire to Tha Times.) Eekhart, Ind., Aug. 1. Governor Hanley surprised the Chautauqua aud ience here by the strong ground he took against the policies of .'President Roosevelt and by broadly hinting that If further attempts at centralizing were persisted In, despotism would result. The governor said that President Roosevelt has earned the gratitude and confidence of his country by his work and signal service, but he Is not in fallisble. Governor Hanley is Impressed with the conviction that the absolute power of the federal government to prohibit the shipment of goods in interstate trade arbitrarily and for any reason that may seem sufficient to congress would be fraught With greater peril to the usefulness of the stateH to our dual form of government and to free Institutions, than any of the evils which are sought to be effected by Its exercise." TRYING TO SAVE NECK OF BANKS Messrs. George L. Park and Thos. C. Bowie of Jefferson, Ashe county, appeared before the governor this af ternoon, Mr. Park In favor of and Mr. Bowie In opposition to the com mutation of the sentence of Will Banks, an Ashe negro who will be hanged August 20 If Governor Glenn does not commute the sentence to life imprisonment. Banks was convicted at the July, 1906, term of Ashe court for the murder of another negro and was sentenced to be hanged July 19, 1907. An appeal was taken to the supreme court, but this court refused to set aside the verdict. Governor Glenn set August 20 as the data ou which to hang Banks. Messrs.' Park and Bowie this af ternoon were heard by the governor In regard to the matter. SENATOR BACON HAS - SAILED POll KUKOPE. (By Leased Wire to The Times.) New York, Aug. 1. United States Senator A. O. Bacon of Georgia sailed for Europe this morning on the steamship Princess Alice. He will travel on the continent for some tima but at present does not know when he will return, but in ample time to attend congress In Decem ber. DESPOTISM Father Martoogessian Tiie above iiirtitiv shows Father Marloo-;et-siaii, ilie Armenian pnt-sl, whose name isi mentioned by wealthy Arincniai's In. Jiew Vosk city in con nection jjdUv-tb relit, of death unless they UVitiuied '.. ' the revolution. a it sl4T ofw'flich the priest is saJ to he the leacjcr. EM (By l.ejified Wire to The Timor.. ) Kan Francisco, C'alw:Atl(;-.' 1. sTim my Brill, twice defeated by "iiitl tliiig". Nelson in.-'previous ' contests, won a clear victory -over his old an tagonist last night.-' The light went the entire twenty rounds, but at the end Nel;:on w:i' clearly whipped. "I knew I could do it, and 1 did it. I was stronger' .than Nelson. I will light anybody in the world," ..'-said Britt after the contests , "It was a good tij;ht," said Nelson. "Britt had it on Ino only in the last round, and ho won." - Referee .lack Walsh said: "I gave I he. only decision possible. Britt won decisively.' lie fought a great baltle." "Tho'decision was a fair one," said Manager Hilly Nolan, "mid (lie only one! possible, to render. Personally, t never taw Hal light such a poor fight -in all his vin.'j; career." , Joe dans' said: ; "The ''proposed' mulch with Nelson is off. 1 will li:;ht llriit if satisfac tory arran.-inenls can be liiado." TWO HELD FOR E (By Leased Wire to Tho Times.) New York. Aiij,'. !.-Two men were held today by the police us suspects In the Jack the Kipper murders. One of thcin, believed lo be tho man (llrard who escaped after the murder of tiuiisio l'feitrer in the Bronx two years a so, was captured at Verplanck, near Calskl'll. In the very closest de tails this man answered the description of tho (lend who killed Pfeiffor. as well us Miss Kdlth l)u vis, whoso mutilated body was found In the Wnlklll River at Walden, N. Y.v and of tho man wanted in connection with the similar murder of the unidentified young wo man whose lacerated corpse was found In the area way of a Nineteenth Street building hist Tuesday. Constable Otto Henry,- of Verplanck, cominuulcated with the New York po lice today that he had captured a man who he was certain was Olrard. The man had been In town only a few urn r w Mr w! .5's h u4 i Mm NELSON BEATEN RiTT FIENDISH RIM hours, when he was arrested and of fered a stubborn fight, and Constable Henry was compelled to use his club vigorously. ' ( .. :, ; "I have no doubt that this man at Verplanck is the man for whom we have been searching for two years," ! said Acting Police Captain Herlihy, at police headquarters, "but to make certain, I have, sent two detectives from the Bronx because who knew Oirurd and I expect to hear from them i at any time." Another man, John Kusshiicho, who admitted he had been with the Nine teenth Street-, yletim in a deserted I house on Sunday. -was arrested by the .police at about tlm time tlie ver planck arrest was niude. The finding of parts of the hor ribly mutilated body of a young wo man which had been weighted down ami sunk off Fort Wadswoi'th, S. ' L , further complicated the "Ripper" mysteries today, and the police feared they would have another charge against the fiendish Player of women. BRYAN TO ACCEPT IT IF OFFERED (By Leased Wire to The Times.) Columbus, Ohio, Aug. 1. -William Jennings Bryan will accept a third nomination, according to Chairman Garbor, of the democratic state execu tive committee, who met Mr. Bryan at the Miami Valley Chautauqua as sembly. . "Did Colonel Bryan sav to you that Nip. v. ouid be a candidate Cor the presi dency: next, year ''"Chairman (larber war, aMked. . "1 did not put. the : question to him," he replied. "He is not compe tent to answer. It. is for the people . the democrats of the nation to say whether Colonel Bryan or some other man shall be the candidate next year. "While no action looking to the selection 'of delegates for the national democratic convention will bo taken in Ohio this year, it is proper to say to tho democracy that Mr. Bryan will not decline '-tho' nomination if ten dered when the convention meets. "What is here said is not without the knowledge of Mr; Bryan himself, and his friends' throughout the state should govern themselves accord ing." FIVE KILLED BY "AN Civ Leased Wire to The Times.) t'lhaiia, )., Aug. ! When a freight engine iiii the Indianapolis division of the--Pennsylvania Railroad blew up tills nioniiiijf live railroad men lost their lives and . two ; were' seriously in Jured. The dead .men' whose names are learned at this lime are: I. il'ls' LAM BKRT, I'olunilius. I'AIJKY WHY NKit, -fireman, Oolum lnis. ...... STEWART, brakenian, Colum bus.'. ' ' The other Injured were brakemen of the train crew. The' cause of the explosion is said lo have been (hie to a fault In 1 lie es cape .steam valve, The big engine was blown to pieces and the explosion' shook Urbana from end to end, start ling the Inhabitants from their sleep. OF THE COTTON CROP ( lly Leased Wire to The Times.) New York, Aug. 1 Miss Giles to day issued a report on tho cotton crop, making the average condition Tti.S, as compared with 7C.2 on July I I las! and si'. 7 per cent last year. The crop is still, from two to four weeks Into. xo vn i:-i'Ki;sii)i:xcv 1 'OH MIC, SAVS CAHMACK. (liy Leased Wire to The Times.) Chattanooga,' Tenn., Aug. 1.---A special from Columbia, Tenn., says: In an interview ex-Senator Car mack says: "My alleged boom for (he vice presidential nomination is fictitious. 1 would not want the office if 1 could get it without effort. The duties of a vice-pr-.'sldent are simply to look solemn and draw his salary. I pre fer to be a Justice of the peace or school commissioner and havo some thing to do." Makes Assault u Caoital Crime, (Ky Leased Wire to The Times.) Atlanta, t)a., Aug. 1, The general jtidiclury committee has recommend ed for passage the bill which makes the crime of assault with intent to rape a capital one. EXPLOSION CONDITION JENKINS HIS REAR LEGS Froths Over Carolina Rail road Rate Battle IT IS I The Humiliation Consists, According to the Honora'.-le .Mr. Jenkins, in the l'act That Hie Nation Has lo Some Kxtvnt Surrendered tit the State Whereat Mr. Jenkins I'oaineili. (By Leased Wire to The Times.) , Chippewa Fails. Wis , Alls. 1. Con gressman Jenkins, chalrma-n of the house judiciary commit tee,' -has issued a statement relative to the North Carolina railroad rate imbroglio. He says there has never been any event since the civil War that calls for ' so severe - -condemnation as the. recent senseless tirade on In-half of the Klate-3 against the nation. He adds thai It is huinlliating that the .matter has been compromised,- and. that the nation has to some extent surrendered. "The civil war -wan the result of such agitation and we inav have earlier than we want another civil war," he said. "To avert such a calamity and preserve the 'nation, .we must conform to the law," obey the law and have (he law' enforced according to the frame work provided ' in 'the constitution." Mr, Jenkins believes the executive of a state should keep cool, .''maintain his dignity, Hud remember1 the coun try has to depend upon the judiciary of the country to save the union. Other States' Troubles. "Kver since the " civil w ar," he said, "other. '".'.states, 'have had similar troubles, and '.did not make- fools -of themselves or declare war. and the questions involved were decided liy the supremo court and no bad results fol lowed, -':' "To go mad, tear our hair, and talk loud and reasoning, is not simply to show ; our uulitneuH for popular' gov? eminent; H is a reflection upon 'this people, who framed and . adapted the plan of settlement. ; -. : "11 is better lo take a little time and follow 'constitutional' lines than to humiliate either slato or nation, or adopt reactionary methods. "If all stales authorities are going to usurp the-' function of the supreme court and jud?e what federal act shall be nullilled, no one can tell where it will end.". lit concluding, 11 r. Jenkins says the supreme court, of t lie . t'nited States limy err. It may differ with the views of a great majority of the people, but however that may be, the constitu tion' says its decision Is Una! and must be regarded as the supreme law' of the land, and that- IswTiat must govern us. MATTFHS Hi:.HI HY THi: CORI'OKATIOX COMMISSION. The Corporation Commission this af ternoon heard an application to have freight rates from 'the' Seaboard in Raleigh to the Pamlico -Junction on the Norfolk and Southern made a flat switching rate rather than a straight freight rate, as is now 'the case. Mr. Prank Stronach was the petitioner. The distance from Kaleigh to the junc tion Is about two miles. Another application heard by the commisison was presented by Mr. If B. Vainer of Lexington, for additional passenger service to Denton. Davidson county, a-town on the Carolina Valley Hailio.'id. 1'iui: ix a m sixi:ss HOtSK IX WILMINGTON'. (Special to The Kvening Times.) Wilmington. N. C. July SI. Fire oroginating on t lie third floor of the I. I'nrier building, 1'rincess and Front streets, today about noon, re sulted In n damage of three lo four thousand dollars to the building and cltilliing slock carried by Shrier. The lire was caused by -the-explosion of a lamp. ;', IS TO SUCCEED PETTUS (liy Leased Wire to The Times.) Montgomery, Ala., Aug. IV -At noon today former tloveruor Joseph K. John.-;cn was nominated at a joint session caucus of the Alabama legis lature, to succeed Senator I'ettus. . His Hand Mangled. (Special to The Kvening Times.) Salisbury, N. C Aug. 1. -Conductor Waller It. Hess, of the Southern, fell under a coal car on the yard and three Angers of the left hand were no bad ly mashed that Dr. V. W. McKenssle found it necessary to amputate them. GIBBERING AMID SWIRLING FIRE Horrible Scene at a Retreat for Insane DEVOTION OF NURSES One Killed and Five Injured, Hun dreds of Sick and Helpless Borne from the Building Into the Jiij(ht Ablaze With Lightning and Re sonant. With Volleying Thunder. (By Leased Wire tc The Times.) Pittsburg, Pa, Aug. 1. Fire claimed one life last midnight at the city farm at Marshalsea, result ed in the injury of five persons, drove hundreds of sick and helpless beings into the night air to be drenched in a thunderstorm; excited half a tuousahd insane persons to shrieking, gibbering frenzy and de stroyed many thousands of dollars worth of public property. The dead: iSamuel Mians, an emploj'e, caught under a falling wall. The injured: W.'H. Lurkin, an employe, caught under falling wall; W. R. Williams, superintendent of the institution, bruised by falling brick. Thomas Irelin. au employe, fell from second story window while playing a hose; Harry Bright, an employe, Injured by falling from second story win dow; Ken I on Thornton, an employe, injured under falling wall. The laundry building and the in mates'; kitchen are a total loss. The - chapel building andN bake shop were partially destroyed. Tne. lire started in the laundry. presumably from the explosion of a gas water heater. When the fire was discovered the building was a raging . furnace. They 'Phone for Aid. Provided only with their own fire, fighting apparatus, Superintendent Williams and as many of the em ployes as were at the place went to work to fight the flames, but their efforts were of little avail and a tele phone message was sent to Pittsburg asking for assistance. By the time the assistance reached the scene, however, the fire was fair ly well under control. Deeds of heroism mixed with scenes of pity, hairbreadth escapes mingled with indescribable terror; the crackling of flames, the shouts of the crazed, the moans of the frightened inmates, the groans of the ill, all combined to make up the story 'of the fire. Korce had to be used at one time to prevent the panic stricken in mates from rushing headlong into danger. Driven frantic by the leap ing flames, dazed by the booming of the thunder overhead, dripping wet from the rain, they scarcely knew where to turn. In the midst of the fire twenty women nurses took their lives In their hands when they guarded more than 200 insane women in their removal from the buildings to cottages. Wrought to the highest pitch of their manias, the inmates all unknowing of the fearful havoc that was threatened, laughed, Bang, screamed and swore as they were led away Into the open air where the flames were dancing a few yards away. , OP, THREE DEAD (By Leased Wire to The Times.) Breckenrldge, Mo., Aug. 1. Three men were killed another is dying as the result of the blowing up of the Burlington locomotive No. 21, hauling a freight train near here last night. The dead are; HENRY MILLHALL. head brake man. . V'.': . PATRICK BltEWER, fireman, and a student fireman, whose name ia not known. The engineer is Samuel Roberts, who is dying. The explosion was heard three miles away. What is left of the boiler of the engine Is In the ditch on one side of the rack and the trucks are in a field on the other. The cars nearest the engine were badly smashed. The causa of the disaster Is not known. BOILER BLOWN
The Raleigh Times (Raleigh, N.C.)
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Aug. 1, 1907, edition 1
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