VI, -i Weather. mm 2nd Edition . Washington, D. C, Dec. 7 Fore cast for North Carolina for tonight and Tuesday Partly cloudy and older tonight; rain in east portion. ESTABLISHED 1876. RALEIGH, N. C, MONDAY, DECEMBER 7 1908. PRICE 5 CENTS REFUSED USE OF THE COURT HOUSE Janitor Ordered Not to Ad mit Judge Badger to Court Room Polic Authorities Feel That They Have Not Been Treated Exactly Right By the County Offl,clal Hot Tilt Between Attorney Gatllng and Judge Badger Hearing pon. tinued Until Tuesday Morning at 10 O'clock Trouble ' Over Who Should Have Copies of Evidence Madge Earle Discharged. The clouds shrouding the Smith murder mystery grew darker and" storms loomed up upon the distant horizon this morning. As the good ship "Law and Justice" set sails and started on its cruise, it encountered a heavy gale- at the court house door. The commander of the ship, his honor, Judge Badger, was met at the entrance of the county court house and notified by the janitor, Mr. Pool, that he had been ordered by Mr. D. T. Johnson, chairman of the Board of County Commissioners, not to admit him (Judge Badger) into the court room. -' Judge Badger" made no protest, as he had moved the hearing to the court house to accommodate the law yers In the case and the Immense throng of spectators, and not for his own benefit, JUdge Badger and the police authorities feel that they have not been treatedexactly right at tile hands of the county officials, inas much as his action in moving to the court house was to accommodate the large crowd, who, bX Jhft way, are citizens of" Wake county as'welfalToT the city of Raleigh. The large crowd that had gathered at the court house to hear the re maining facts of this deep niyst ary disclosed Immediately moved to the police court, v At 9:20 o'clock Mr. Bart M. Gat ling, representing Red Hopkins, arose and Htated to the court that he had been assured by Solicitor Jones on Saturday night, after a consultation with Mr. Snow, that the case would be continued until Tuesday morning. Judge Badger replied lu very em phatic terma, "The hearing Is not postponed and, furthermore, will not be until I say so." Mr. Gatllng waxed warm and stated that he knew the case would or would not be tried, as Mr. Snow Wished. ' .' At this retort' Judge Badger speaks very fiery. "You represent nobody In this case, Mr. Gatllng, and you have no right to open your mouth in the case, whatever." "Well, I will take the right, sir." "If you do so, you will, certainly get yourself into a bad difficulty." At this warning Mr. Gatllng re plied that he represented a man, who, although he was not under an Indict ment in this court, he was charged with murder by the coroner, and needed the advice of ills counsel. Mr, Walter L. Watson, attorney for Karl Cotton, stated to the court that he waa representing one of the de fendants in the case before the bar and that he wished to know if the case would be taken up, and If so, when would It begin. "When Mr. Snow comes in to pros ecute the case I will open court, and not until then," Bald the Judge. Mr. Gatllng arose and announced that he had asked Messrs. Hinsdale nd Watson to look after his client's interests. . Col. Harris came into the ' court about this time and stated that he had Just had a talk with the solici tor and that he (the solicitor) said Mr. Snow was on his way to the court, but that It had been decided to con tinue the case until Tuesday. Judge Badger, chafes under the pe culiar proceedings, namely; so many people other than he himself trying to run the case. "I do not propose to be run over by the solicitor or any body else," remarked the judge. At this Juncture Mr. .Snow arrived 'and applied ointment to the wounds by announcing that -the state had de cided to concede to the request of Mr. Gatllng and the attorneys for the , defense and allow the case to be con tinued until Tuesday. "What right In the world has Mr. Gatllng to make a request in thla case?" was asked Mr. 8now. "When I nol prossed Hopkins' case Saturday morning, that threw him out of court,, and I don't think Mr. Qatllng has any. right to make a motion In Justice Badger. Judge Thomas Badger, before whom the Smith, murder mystery Is being unravelled. this case at all," continued Judge Badger. After Mr. Snow arose, and stated that the attorneys representing the actual defendants and not the wit nesses, requested tUe continuance, and that he and the solicitor, who would appear with them, had decided to concede to their request, Judge Badger announced that the case would be continued until 1 0 o'clock Tuesday morning, but "l will not car ry It to the court house any more, ho as to give the county authorities a chance to oust me." The waters were then made mud dler by a fuss over who sliould have copies of the evidence. Mr. Weldon Smith, the court stenographer In this case, told the court that he had been ordered by an attorney of the defense not to allow anybody to have a copy of the evidence. Judge Badger Im mediately explained -to Mr. Smith that the law explicitly ordered a copy of the evidence to go with the papers of the case and that a copy was want ed for the solicitor. To this the at torneys for the defense objected and a heated tilt followed. : The last gun of the battle Was sounded when Judge Badger stated that he was acting according to the law and was going to see that the case was tried according to the law In From all the facts : that can be gathered, it seems that the wrong people are trying to conduct tills case. As tne coroner s nearing nas been withheld until after the police hearing, the only case before the bar is under Judge Badger's jurisdiction and the public may rest assured that the case will be conducted according to law and that justice will be meted out. The police have the key to this most diabolical crime since the infa mous Scott ' Partln murder of ills wife, over twenty-five years ago, and Judge Badger is fully capable of con ducting the preliminary hearing. : All the clouds of doubt seemed to have been swept away by the Btartf ling evidence of Saturday, and noth ing but tho trial of the case is needed now to place the commission of the heinous crime upon the shoulders of those who should answer for the transgression ef the law for which the guilty parties will be punished. The warrant against Madge Earle has been withdrawn and she is not held as a w itness. She was allowed to depart from custody today. . OF J (By Leased Wire to The Times) New York, Dec. T No similar event In , recent years has more strongly appealed to the enlightened classes of this country than the cele bration of the three hundredth anni versary of John Milton's birth, whlcn next Wednesday will be observed sim ultaneously In London and Ne" York with elaborate ceremonies. With Blight variations the programs here and In London will be identical and because of the dlverslflea Deueitts which Milton, as poet, statesman, and philosopher conferred upon the English-spanking people, all branches of civic and military life are to be rep resented In the splendid tribute to his memory. Sudden Death in Sunford. (Speclnl to The Times) ' Hanford, Dec. 7 Miss Hannah Burns, aged 35, of Boston, Mass., who. In com. pany with her sister, came south only a few days ago to spend the winter for the health of Miss Burns, who was suffering from Asthma, died suddenly In her room at the Manesa boarding house at t o'clock Saturday afternoon of heart (allure. The remains ware prepared for burial by the Carter Furniture and Coffin Co., and shipped to Boston Saturday night HONOR OHN MILTON WILL RESIGN AFTER INQUEST Coroner Separk Disgusted With Treatment Accorded Him By Ciiy Officials HEARING POSTPONED Coroner Separk, in Justice to the Rights of the State, Postpones In delinitrly the Inquest Only De sires, That Justice May be Done. Not Looking For Honor Tired of ' Being Accorded Such Treatment, He will Resign After This tuques.. Coroner Condemns City Authorities In Xo Ciirertaln Terms Sees Nothing But Trouble in the Fu ture and Will Throw I'p His Job. Those waiting' for .the 'coroner to let slip the .dogs. of War this 'morning were disappointed when It was announced that his hearing-, had again been post poned sine die. Coroner Separk arrived at his office tills morning determined to see the fight through. He was still belligerent and eager for the fray. Habeas : eornuses and oilier. "last re sorts" were talked of and It looked like trouble for somebody, A conference between the coroner und some of his friends acted as a sedative, however, and the status of affairs drop ped bark to normal. The coroner quietly announced that 'he had decided that "two wrongs would not 'make one tight." He censured the police in no uncertain terms. , In the matter of lurid .-descriptive phrases Coroner Se park was not niggardly. He spread them Dn 'thick and heavy, doing im partial Justice, in his estimation,-: to all parties concerned. His chief reason for postponing- the inquest, lie said, was that justice might tic done to the state. He de sired, Hbove all - things, that the rights of the state be protected and okvv.) JtiPi'HWilrfl seTY! Mr brKi interei ts lie gave: up his own rights in the matter, postponing the Inquest' in definitely. He suid that he felt that he would be doing wrong to go farther with the matter at this '-stage of the affair. He declared that the police were . doing wrong, but that their wrong-doing was no Justification for wrong-doing on his part. A cloud of witnesses assembled this morning for the hearing. . There were over thirty on hand. They were told to go home and there await anotln-r call. - Coroner- Separk deeply regrets the conflict that has arisen In this case. He Is dlsguested with the treatment he has received in this case and does not look for harmony In-' the future. He declared this morning that he would tender his resignation Just as soon as he has completed the inquest In this case, ' - Universities Conference. (By Leased Wire to The Times.) Ithaca. X. Y., Dec, 7 Arrange ments have now been practically com pleted for the tenth annual confer ence of the Association of American Universities which will be held at Cornell University January 7. and 8, 1909. SENT TO ATLANTA Washington, D. C, Dec. 7 Wil liam McQuire, Buffalo counterfeiter, was locked up at the Blxth precinct station last night for - safe-keeping, while waiting for train connections to carry him and officials to the Atlanta penitentiary, where he will serve three year term for flooding the city of Buffalo with spurious money. .McQuire is muklng the trip from Buffalo to Atlanta In care of Marshal Conklln, of Buffalo, who regards the counterfeiter as one of the cleverest criminals In the country. "With the arrest aud convictions of McQuire and two of his compan ions," said Conklln, "the secret ser vice has broken up the most danger ous band of counterfeiters in the United States. Their plant for mak ing bad money was on a farm a mile out of Buffalo, complete in every de tail, and showed It had been estab lished by brainy men, who knew what they were doing. , '"McQulre'i companions pleaded guilty when arrested and received a sentence of one year, McQuire, who is one of the most stubfiorn prisoners it hat been my experience to handle, fought the case and got three years. He says getting money from persona and not working for It is an easy, thing, and claims the world is full of 'easy marks.' "'.-.. COUNTERFEITER BUSINESS IN NOW IN SESS IN Southern Commercial Con gress Met This Morning at Newpard Hotel 2,000 MEN PRESENT Room is Appropriately Decorated and in Ante-rooms Are! Maps, Pictures, and Charts, Showing Resources of South Program to be Carried Out Entirely Thousands of pamphlets Have Been Printed, Giving Infor mation Itegaiiling the Commercial Progress mid Position of (lie South. Fifteen States Represented (By Leased Wire to The Times.) Washington, Dec, 7 When Secre tary Straus, of the department "-of commerce and laborcalled to. order the first session of tho Southern Com mercial Congress, in the New wi'i lard this morning, there. began per haps, the largest convent Ion ever held In this country devoted to commer cial publicity. During the morning, afternoon, and evening of yesterday delegates were pouring In from the business organi zations of the south. Fifteen states are represented, with delegates, from u 2 commercial bodies. II is esti mated 2,000 men are 'present. The meetings are being held lii the .large ball-room- n the t.;wh 'floor of -.'the - New Willard, the walls of which have been- decorated with American Mass. i In thti large ante-jroom off the audi torium, the comnilfte hits arranged maps, pictures, anrUjeharts, showing tho. tmntwtg TOVw .WiOttt ca-w -trf : south, with proper explanations snow lng just how detailed information may be obtained about thfse resourc es. The committee of arrangements was assured yesterday, that the pros rum would be carried out in its en tirety and that every speaker and de monstrator mentioned would be pres ent, '.'''.' , " At the end of the room is hung ti large map, furnished hj- Gluorfl '.-Pin--chot, displaying the forest areas of the l 'ni Led Slates and presenting graphically the argument of the south irt favor of the passage of the Appalachian bill, which cornea be fore congress on Wednesday. , Other charts and maps portray the improvements in Hie southern rural mail service and the advantages of Dixie land In coal, cotton, agricul tural,'; stock-raising, water powers, and-minerals. Thousands of pamphlets have been printed giving information regarding the commercial progress and position Of the south. Exhibit ' have also been placed In the room by delega tions from Savannah, Ga.; Nashville, Tenn.; Augusta, Ga.; Jacksonville, Fla., and Montgomery, Ala. Every effort has been made to keep politics out of the deliberations of the congress, which is to be a conference of business men. The principal object of the congress Is to establish a "communlty-of-In-terest" system In developing south ern resources and organizing south ern men. Every state south of Mason und Dixon's line Is represented. ; Large delegations from Albany, Savannah, Atlanta. Columbus, Augus ta, Macon, Ga.: Chattanooga, Nasi vllle, Tenii.; Montgomery, Ala.; New Orleans, and Jacksonville, arrived here yesterday. Among the arrivals are Governor Hoke Smith, of Georgia, who has taken a suite of rooms, to be used as Georgia headquarters, and at which open-house will be kept; John M. Parker, of Louisiana, the promi nent cotton man, who entertained President Roosevelt on his Louklana bear hunts; J. M. Smith, of St. Louis, and Judge George Hlllyer, of Atlanta. In all, representatives from 62 commercial bodies In 16 southern states have arrived, and others will arrive today. The committee of arrangements, composed of G. Grosvenor Dawe, of Montgomery; John A. Beltman, of Albany; John A. Patten, of Chatta nooga! W.O. Cooper, of Atlanta; E. L, Quarlea, of Petersburg; H. H. Richardson, of Jacksonville; E. S. Shannon, of Nashville, and J. E. Smith, of St. Louis, met yesterday afternoon and elected E. Shannon, of Nashville, sergcant-at-arms; E. S. Johnson, of Augusta, assistant ser- geant-at-arms; John A. Beltman, ot Albany, floor secretary, and E. 8. Quarles, assistant floor secretary, and H. H. Richardson, assistant secretary. IS The Second Session of the 6oth. Congress Convened at Noon Today GETTING IN SHAPE ' '. '..'!. Congressmen Have Been Arriving in Washington for the Last Two ' CONGRESS NO SESSION Weeks and .Many More Reached i assembly adjourned till 10 o'clock Washington This .Morning Notn-l this morning, further than that the ing But Routine Business Trans- big minors would stand together , for acted Today The President's Me. J their conieiiions. ' These, among other sage Will he Submitted Tomorrow. I "minor -remonstrances are: Extra Session Will Meet March 1.1. j Higher "classification than the ; ''-' ' -..-";'' j southern. and western leagues; repre- (By Leased Wire to The Times) j senratlon. on the national conimis Washlngion. Dec. 7 The second i sion : more power on the board ot session of the sixtieth congress con vened at noon today and will end March 4. This will be followed by an extra session io no. caiien lor Aiaivn lfi by 'the .'incoming president.- ', Congressmen have been arriving in' Washington'- during the last two weeks, and many of them reached the capital litis morning. : Today's session will bring forth nothing of especial interest.. The actual business in tne senate and house-- of- -.representatives-' will be the calling of the roll and the trans action of routine., business. A. com mittee will be appointed, to call on tho president and. notify -riim .that congress has assembled and is ready to'-receive any communication he may wish o send. Two new members will be sworn in in ihe senate. They are Cummins, of Iowa, and Page, of Ver- mom. The senate will then adjourn out of respect to the late Senator Al-1 lison. ' .1 Seven new members of the house. I be sworn in. The president's message will be sent to congress Tuesday a. id will be read in both houses on that day., j While congress is not expected to enact, much legislation of a general character at the coming session, po litical observers look to a lively win- ter. - - ' -. '. On March 4 a new federal ' '-admin-J istrat.ion will succeed the old, and whether they are right ahout.it..' or not, party leaders are expecting a good litany .changes in federal oflices under I resident latt. ; .convention of the Red Cross Society. I-'or this reason the republican attend an dinner of the Gridiron leaders want to he near Iieacuuar- Club and hold a lot of polit ical con lers. Washington is not far from ferences. Augusta. Ga., where Mr. Tail will jv in the course of his slay in Wiisli feniain. wilh the exception of brief igion, Mr. Taft, for one thing, will intervals, for most of the winlor sea- j see Speaker Cannon, and they will stm- . iconic to an understanding regarding As the leaders in the senate and , the programme of progressive legis hoti.se p.ui lint' the legislative program j latlon. there will be few Imporlanl enact ments, aside from the appropriation bills. ..: Representative .Champ Clark, newly elected leader of the house demo crats, has announced that lew, If any, changes tire likely lo occur (his win ter in the-.fiommill.ee assignments, of democratic, members. BIG BASE BALI (liy SAM CI1AXK) New York, Dee. 7 -Baseball's last merry-go-round of tho year begins today In this city, and much news of importance should result as the out come of the many and dlversllle'il meetings. The magnarcs of the Na tional Legue are scheduled to have a preliminary session this afternoon, and will convene at the Waldorf-Astoria, with President Harry Pulllam as the one who has broien down the , "dead line" again for the time being. This will be a magnate's meeting, but not a meeting of the magnates; that Is, tho latter will not be able to get Into the limelight to any large extent. The board of directors of tho Nation al League hud their little seance in i Cincinnati last fall tlnd the little seance made much baseball history that was far-reaching und a whole lot convincing to those who accepted their decision on the disputed game. And it can be said that the great ma jority of fans outside of Manhattan gulped the decision down and have j forgotten It. We are trying to do tho ; same thing here, so I will do little io revive the horrid details. The ma jority of fans and baseball supporters the country over have accepted the decision as just and fair. New York MEETING TODAY bows to the majority as It has for years past, and will for year3 to come. New York and the New York ctub are "In had" with their fellow members. The great, big, wide, yawning box oflices at the Polo grounds are, how ever, considered an asset of the Xa j tioual League, and there will be little ! danger of the home club getting any the 'worst of' the date plums when they are dealt out. The first of the big baseball meet ings which will have a direct bearing j on the future peace of the great sum mer sport was Inaugurate yesterday afternoon at the Hotel Virtoria Some I score of magnates from the Eastern I League and American Association got I together for the long-heralded confab ! which the "radicals" persistently in sinuated might change the entire complexion of baseball law and or i Uer. Utile transpired at the Sabbath rally Nothing officially was given out when, after a couple of hours t:ie arbitration or -t tie.-. .National associa tion of professional' minor league baseball clubs and equal drafting privileges with the two major leagues on (lle present class A organizations. .: . '-..'."'''- ''-.' THE TAFTS LEAVE IA otH Springs, Va.,-Djc. 7 Mr. and Mrs. . Taft left Hot Springs at S:45 o'clock last night. The president elect, will go through to New York, arriving there at 1 2:30 o'clock this afternoon. Mrs. Taft will slop at Washington. Sir. Taft. nnon his ar- ,.ivnl )n XeW y0rk will go to the home of hia brothel., Henry W. Taft. He does hot 'expect' to. have-any political conferences there. ,.;,' of honor at tho North Carolina So-, clety dinner at the Hotel Astor. With the. exception of a little dinner at Cincinnati this wil' he the first pub lic, least that the-.president-elect--has' attended since he was elected. Hi will speak on the development of the south. Mr, Taft will leave New York for Washington Tuesday morning.' He will be in Washington the rest of the week. While there he will preside at the Conservation Conference of Gov- ornors, deliver a speech at th'u annual The president-elect' and Mrs. Taft Will go lo New York probably on Saturday and remain t here for four or five days, guests at the house -of Henry W. Taft. On his second visit to New York Mr. Taft will speak be foe tile Civic Federal ion and the Ohio Society. V Mrs. Taft will also speak before the Civic Federation. LL If ( By Leased Wire lo The Times) Washington.'. Dec. 7 The newly seed ed area of winter wheat is fstlmated at .Vll per i cnt. lex-: i ban the revised estimated aten shown in the fall of 1907,. equivalent I" a decrease of 1.7(12, Ii0 acres, nnd Indicating a total of 2s, SS4.au acres. .The. condition of winter wheal on December I was as com pared with SH I on December I, . 1!i7;' 94.1 on December .1, 1'JHi, ami lil year average -of 92.2. .'. The newly seeded h tea of lye is estimated as bcliig -4.il per Cent, less than the an a In Ihe fall of ):ia7 equiva lent to a decrease of sn.Oao acres, and indicating n total of UKH.OGO acres. The condition of rye on December 1 was S7.fi. as compared with 91.4 on December 1. lim.7; 9ii .2 on December 1, l'.infi, and a ten year average of 9.".0. I'OI NI) DKAD. A Negro Killed by Train Near Mnr- . .' ray. ; - John' Black, a negro, was found dead on the Eastern Carolina Raillroad tracks' near Murray Saturday night. It Is learned from passengers on the Norfolk and Southern train from Washington this morning that he had been drinking and had probably gone to sleep, on the tracks. His body was cut In two, VIRGIN RESORT M ACREAGE WINTER WHEAT EXIT JOHNSON, ENTER BREWER W.C. Brewer Elected Chairman Board of County C9 ministers CHOSEN AT A CAUCUS New Board Re-organizes and Electa W. C. Brewer to Succeed D, T. Johnson as Chairman Jolinson Reads Written Statement Defend ing Himself and His Career as Chairman For the Past Two Years. Bart M. Gatllng t'nanliiiously Re elected County Attorney Other Routine Business Before the Board. , At the reorganization of the Board of County Commissioners at noon to day, Mr, W. C. Brewer, of Wake For est; was elected chairman to succeed .Mr. I). T. Johnson. The : commissioners met at 12 o'clock and after transacting all un finished business, were sworn in by Clerk of the Court W. M. Russ, Mr. Johnson, the chairman of the old board, announced that the first busi ness of the new board would be to elect a chairman. Mr. D. B. Harrison nominated Mr. W, C. Brewer. The chairman called for other nomina tions, but none were forthcoming. Realizing that he was slated for de feat," M. Johnson arose and Stated that as It was a delicate matter for a man to defend himself,, he wished to submit a written statement defend ing himself and his career as chair man of the old board. Mr. Johnson's statement was as follows: Raleigh, N, C, Dec. 7, 1908. Gentlemen of the board: Before you cast your votes for chairman, I purmrc iff hot a twtt tvo-. uh J7t;nfcinill m . . . . . j myself. 1 am aware of the fact that a majority of this board have recent ly held a caucus in the office of the attorney of the board and have agreed to select another person chair man as my successor. This course, if carried out, will be so unjust and humiliating to me, I would be untrue to you, the. people who elected me, my personal"! friends and myself, should I fail to make known to you and the public my feelings in this matter. Having for the past two years served this board as chairman, dur ing which time I attempted to dis charge my duties in accordance with law and the dictates of my conscience, with a due regard for the rights or th citizens of my county, which, I believe, were for the most part sat isfactory, because you and many of riiiy friends solicited and encouraged me to become a candidate for re-nomination and election, which I and my : friends understood would result In my being' re-elected chairman of tills board. This position.. I claim, I am entitled to, not only for this reason, but because, having received the 'largest number of votes in the pri mary cast for any member of this board, I claim the prestage which such vote entities me to; and, because precedent established for several years by former boards In selecting the chairman from the city of Ral eigh, who is al all times accessible to county officers and citizens from various sections of the county, en titles me to said position; and be cause a failure to re-elect tne chair man Is equivalent lo a repudiation on your part of my former course, which I deny you have a right to do. In view of the approval of my record by the people, as expressed at the ballot box and on account of each of you having received the benefit of my personal Influence in aid of your nom inations and election, and for the fur ther reason, such course, on your pa.'t, will, in. my opinion, tend to create and encourage rather than les sen the already too much dissension in our party in thin county. I do not claim to be infallible, but. I do think I am entitled to be con sidered sincere and honest In my con victions and conduct, and for this reason alone, merit, in my opinion, re-election. With the foregoing statement I respectfully ask to be ex cused from voting In the selection of a chairman. Respectfully. D. T. JOHNSON. There being no reply to Mr. John son's statement, the hat waa passed by the clerk, Maj. J. J. Bernard, and the ballots collected. The result of the election was: Brewer, three votes; Harrison, one, Mr. Johnson not voting, After proclaiming Mr. Brewer elected chairman Mr. Johnson arose and expressed himself at hoping that (Continued on 'Second. Page.) -' f . " ", . - .1