Newspapers / The Raleigh Times (Raleigh, … / Dec. 26, 1908, edition 1 / Page 1
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Weather. ' if 4 ; ' 2nd Edition ' Washington, D. C, Dec. 2 Fore cast for Nortli Carolina for tonight and Sunday, fair. Colder near the coast with heavy frost. "i.jr..,v.W ESTABLISHED 1876. ' RALEIGH, N. C, SATURDAY, DECEMBER 26, 1908. PRICE 5 CENTS THE PROSECUTION iPRESIDENT WILL MESSAGE ON THE Refuses toBe a w' JOHNSON LICKS RESTS ITS CASE NOT INTERFERE IN THE SOUTH! SECRET SERVICES f Tl I ! I -A. mm - mm mt mm mm ia mm mt b.i -n vi ri ! a RAILROAD WORK BURNS TO I T s v. J District Attcrcey DarriD This I Mcinlrg Rested in Prcse cnllCD ot Ealns HARWAY ON STAND Motion' to Dismiss Indictments Refus ed, as Also of Mclntyre to the - Court to Direct the District Attor ney to Suite on Which of the Three Counts in the Indictment He Would Send the Case to the Jury Three Witnesses Examined For State But All Unimportant. (By Leased Wire to The Times) Flushing, N. Y., Doc. 26 District At torney Darrin today closed his case against T. Jenkins Halns.'on trial as nn accomplice to his brother, who shot William E. Annis at the Ba,yslde Yacht Club on August 15. To pick up ends of the case not cdvered .entirely, the prosecutor called three witnesses. Geo. Bolton, policeman, testified how he had spent six days In a search for John Tonnlng, the missing boatman, with out finding any trace of him. The officer said the best Information he could get shows that Tonnlng and his family had moved preparatory to returning to Sweden, Thornton Hains was early in court as has been his custom since the trial started. , For the first time since the beginning of the case, none of the prisoner's Jelatlves were on hand when the ses sion began. The prisoner felt concern ed for his brother, the dapper little major who has been his dally com . pnnlon, and directed his lawyers to ' make telephone Inquiry at the .Hotel Astor, Manhattan, to learn his con dition. . Louis Harway, sailing partner with Annls when the latter was killed, was the second witness. He gave testimony In regard to the measurements of An nls', boat. Hl examination -was brif and there waf( practically no cross examination. "The prosecution rests its case," ' Dttrrln announced. Mclntyre then appealed to the court , to direct the district attorney to state nn which of the three counts he elect ed to'send the case to the Jury. "( refuse, to direct Mm." ruled Jus tice Crane. Lawyer Young began reading a vol uminous brief moving the dismissal of the indictment. "I. don't care for argument at this tlims" Interrupted Judge Crane. "Your motions to dismiss the indictments and to direct the Jury to acquit the .defend, ants are all denied," ruled the court. Mr. Young was allowed to argue on points that had not been presented early.. He Insisted that as the pre sumption of Innocence, which the law extends to Captain Peter C. Halns left a doubt that murder had been com mitted at all. It was not consistent to charge Thornton Halns with murder for that reason. "As a matter of law, not In the evi dence, mind you, this defendant may he guilty of murder In the first de Rieo. Interrupted Justice Crane delib erately.' "I will deny that motion. This mnn may be guilty although his broth er mny be guilty of no crime and al though, he, the brother, may be In sane." ' The declaration of the court made the defendant straighten up In his chair. For the first time he appeared to realize fully the meaning of the crime .with which he was charged. Twisting his muatache nervously, the defendant piiled perceptibly and seemed to feel deeply the absence of his relatives, Mclntyre sprang a surprise by arguing that ns Captain Hains was of unsound mind, Thornton Halns could not Induce him to commit a-rrhw. "it has not been '.established, but suppose the captain's mind was not receptive, would that change the sit uation?" ari-.ert Mclntyre. "This man Is going to be tried for tho things he did. his acts, his In tentions," replied the court. "A man may-' he guilty of a crime perpetrated by a lunatic If he knowingly aided the commission of the act." "I have - not been able to find any reference to this law In the law books but I am gob ' " 1,nv" ln tn,lt woy. A man iMnnot hide behind an insane person's Inanity., AH that muct be shown Is that the man charged with aiding. and abetting the crime knowingly did so." V This last ruling Aushed the lawyers and after all their motions had been denied Bhay began his opening. Mr. Shay in his- address said in pavt: "We will how you in all .sincerity that If this case had been honestly investigated and honestly prepared, Thornton Halns would not be at this bar today fighting for his life. We will prove that Thornton Jenkins Ha'ns had no more to do with the taking of the life of the deoeasod than we had. We propose to' show you that when he left bis home on the 15th day when be urt nis now of August, 190, he baa no tnonf 01 "'(Cnotlnued on Fifth Page.) Can Not Properly Consider Question as to Whether Fines Are Excessive STATEMENT IS ISSUED When Final Decision is Made and De fendants Appeal President Will .Then le in Position to Consider Pardon Statement Issued From White House Says Matter Is Still Before the Conrls and There is Xo Way by Which the Government. Could lrtervene. .?'"' (By Leased Wire to The Times) Washington, D. C, Bsc. 2 ('. Presi dent Roosevelt will not interfere in the Gompers-Mitchell-Morriaon -.case at present. In a statement given out. at the white house through Secretary Loch It is stated that the president cannot properly consider the question as to whether or not the sentence of 12, ft and 6 months tjtispoeUvely, were ex cessive. When the final decision is made ,if the defendants carry out their appeal, it will be a different matter. The president will then be in a position to consider a pardon. ! The statement says that, the jrai j dent through the department of Jus ' tice will keep informed upon tha pro ' press of the case, so tnat Ho may act at once if action becomes necessary. The siatenient follows: "Various appeals have been made to the president to interfere by '-par- $on jn the case of Mr.Oonipers and his associates. . Those making the appeals are unaware of the fact that the matter is still before tne Courts; it is a civil suit between private par ties and there has been no way by which the government could have in tervened, evcu.if it had desired to da so. Whetaer the president does o." does not think, the sentence of Mr. Gompers and his associates,-excessive is not at present of consequence, be cause he cannot take any action, or express any opinionwhile the case is pending before the courts. When final decision is made then the presi dent can properly consider whether the terms of imprisonment are ex cessive or improper. But it is of course impossible for the president to apt while an appeal is pending, fo;- lie has nothing whatever to act about. The courts must finish with the case first; and the defendants are at the present moment at liberty on bail. If the defendants see fit to abandon their appeal, the matter will then, of course, be at once brought before the executive, in which case it will re ceive Immediate and most careful consideration. But the defendants have a perfect : right to prosecute their appeal, and, if unsuccessful in the final court, then to ask for a par don or commutation. But as long as they are prosecuting an appeal the president has nothing to do with the matter. The president hits already Instructed the department of Justice to keep him fully informed as to tue progress of the case, so that in the event of its becoming proper for him to act he may already have at his dis posal all of the facts which will en able him to decide whether there was justification for the sentence and whether if there was justification for some punishment, the sentence is or is not altogether too severe. Tint at present the president has no more to do with the. casa than-with the rase of the $2C,00.u00 fine im pos.'d by Judge Landis upon the Standard Oil Company, which is also on appeal and concerning which tae president has also been repeatedly asivel to Interfere by well-meaning persons who did not know that he could not interfere while' the matter was still before the courts on appeal." (By Leased Wtre to The Times) Washington Dec 26 Harry Skinner, HARRY SKINNER IN WASHINGTON United States district attorney for the the refusal of the strike-promoters to The co-operation of the European dlt trlct of eastern North Carolina, who obey a temporary restraining order governments has been assured Secrr would like to be made Judge of that lggued by Federal Judge Cochran, at tary Root, who Is now seeking to se- dlstrlct to succeed the late Thomas k. Purnell. presented nis credentials to minm were barricaded in the Mc the, president this morning. ' . I Ferrat Hotel whon the deputies ar . m? .' , .7 Vinr, h. " " "J" ..viral years J IsentaUves from his state. What Has Been Accomplished in the Year 1908 in Rail way Construction 1M RECORD HADE Total X umber of Mill's Constructed Was !,", the Lowest Record in .Many Years Amount of Construc tion in Hit! Railroad Companies AVas Very Small, Some of Them ' Reporting N'o Work at All K.vcept Mitintciiaili'C Prospects For Next Year (io:d. . ; ( By Ltnsed Wire to The. Times) Baltimore, Md,, Dec. Ji In pub-, lisihng litis weeks ils annual review of railroad construction in the nouth. tiie Manufacturers' ltocord says: ''The total number of miles con structed during 19S in the south,' in eluding Missouri and Oklahoma, was 1.7C0 miles. Last year there- were more than 2,no0 utiles built. Jn tho soutli proper that is, leaving out Mi?aouri' and -Oklahoma- there were 1,(182 miles )tiilt in MHtX; lasl year ii was a,'.' miies. inis is ine i.v- est record of new '.construction in the south for many years but the pros- pect for next year is that 3,230 miles will be constructed although liiis may be exceeded if' more encouragement is given to the building of railroad ;, "The amount of construction liv the b;g railroad corporations was ex traordinarily small, as will lie seen by reference to the detailed statement of what has been accomplished. Sev eral of them reported no building at all, while those that did anything ac complished 1101 mug more than me fulfillment - or-'.partial fulfillment of work already-undertaken. "The Atlantic Coast Line, the Cen tral, of Georgia, -the KuaKiis City Southern, the Mobile (c Ohio. tiie'Si. Louis' South western, and. the Texas & Pacific, for instance, reported absu- lutely nothing done during I9US and nothing In prospect tor 11109. Ti,e Seaboard Air Line, the Missouri Pa cific, the Chesapeake & Ohio, and the Nashville, Chattanooga & 81. Louis Railways reported only a mile or two built at Various- points. On the Bal timore & Ohio, also, tnere was practi cally nothin gdone. Many smaller companies which usually build each year from 10 to 23, or even more, miles of railroad, also shut down on work, except maintenance. "Notwithstanding .the depression, work was vigorously prosecuted on such new enterprises as were Una need before the panic, like the Virginian Railway, the Carolina, Cllnclitield & Ohio, the Horida Kast Coast exten-..tlll ,y ,,,M,,,V,,, lhp hay and wh, at d. Eion, the Atlanta, Birmingham & At- , ., y (,f thl, nuniinore & hi, l:-iil-lantic, the Georgia and Florida and wy )lt Mount 'Clair shops, causing a Kansas City, Mexico and Orient and -.damage estimated at $i30.flon. While the Missouri and North Arkansas N'o. truck was being placed In i'i railroads. The itter, the Atlantic, tlou the b'g aerial fire .fighting ap- Birmingham & Atlantic, and the Vir ginian, were practically .completed by the work done this year. "The Virginia Air Line, a new con necting road in Virginia, thirty miles long, was also finished. Tae Texas Traction Company, a new electric railway and the longest of its kind in the south, was completed from Dal las to Sherman. The Carolina, Clinch field & Ohio, the Georgia and Florida and the Kansas City, Mexico and Orient railways, all have consider able work in prospect for next year. MINERS AND OFFICERS FIGHT DEADLY BATTLE (By Leased Wire to The Times) Danville. Ky Dec. 2 -I'nited States Marshal John Mulllns, of Richmond county, and Richard Ross, a miner, were shot to death in a pitched battle between striking min ers, and five 'United States marshals at Stearns, a country town south of here yesterday. Several unknown miners and dep uty United States Marshals Tate and Ryan, of Somerset, were seriously ' wounded. The troublo nrose over Covington, several days ago. The rlwd and a revolver battle com- mwctd at once when they refused to Sterns to prevent further trouble, President has Completed his Reply to Houses in Refer ence to Secret Service JUSTIFIED BY ilECORD resident Will Attempt (o Show Out! of Month Itself ':,m He Has '1 ransgrexscd Xnne of l!ic IVopita tics Will, Ptil' Cie Record on Them Will lie Cafeu find Di.-'iiillcil and Contains no Attack on tne Mi'iuheiH of the House President IIjis Keccivcd M:niv l.elti is ('on . iiieiulhin His .Position, ! (By Leased Wire 10 'I'lie Times) ! Washington, 2(1 President . nooscvelf has l oinidi iri his reply. -to thi! house with Tcterenee 10 the sot-ret leivn-e and the in and ready for disd It may he expe: close friends of ui" wil) seol; to show '.:!!.;( is in. print 'I : ! . aieordiiiii to iH'i-.,ifrtrtW, ilmt he o.i t of 'the wont's from . the . mouth oi he house iiself that ho lias tram'.:tivso, iiom of r.c pi-oprieties in whai h.- said hi his -nr.. nua! !iessae;e n;.;aid:m; 1 he secret service. He is ex;n vn d to brin i? up the debate 'of May I. 1'ms, in which -.here, was a rtinnhia: discussion on the house floor over in., question of curtailiiiK (ho. uses -of- l he secret stv- h e. The president is i vpei ied to refer I to this debate in in-; mi ssago and to give some -extracts- irom il lo show thai when he. -.said the .argument 'n question was used, lie was instilled by the record. 'I lie .message will lie of about "),00i wtv'ds in length.- audi ,--ill he siouate. caim, riignnii'ii and iiisp-is-It will not o.ilv seek lo turn tile record of the hon.se against the house, but itwill go into detail about the nieri:ortous uses i.o .cfiV-l he sec- rel service has been iml in Hie nasi. j, win t(l lmifll- of what -(he-secret ,t w!ii i)..,.,,n ,)f any personal attacks on members of congress. . It is a most interesting phase ol this controversy that the -president has received all manner of messages and letters from all over the intry upholding his course respecting the secret service. On the other baud, while there is no tloiilil congress members have received some - letters of support, they have also been hear ing much advice from the coiinirv, through letters and otherwise, to go slow. I'ulliiiiore and Ohio Railway's llay Wlieal Depository ('oiisiimeil. r.:ilt!mm-, Mil n.. oiiirii-.. ,..i:-l- pimitiis toppled over, n number men -.narrowly escaping death ' ens injury. ; in' life. I I Sl'l'l Death of Mi-. J. D. King. San ford. Dec. 20 .Mrs. J. B. King after an illness of only a few dins died Christmas -afternoon; The t nn - oral took plare from the Hoptist church, conducted by her pastor, llev. J. It. Kdwnrds. She leaves a husband and five child - vim 1 luu Unmln. Tuoa,.a T 1.' 1 ,. am. Arthur, and Da:i King, all oi whom were ai her bedside. , WILL DISCUSS MATTERS (By Leased Wire to Tho Times) Washington,-' Dee. r, Secretary Hoot has asked congress for an ap propriation of aO.lliii) for the use of the ititernailo.ial congress winch . will meet In Washington In 1 tl 1 0. 1 he congress will be as wide in si ope l" " i - Kiefs twin ii iiit'i ill i ins i ii.i inni inn. Tho association is preparing a pro- gram of questions for the congress which will deal with matters of world-wide interest,' and which will be especially nltrnctivo to Americans. cure the co-operation of tho Central and South American republics. ; It is the purposo of Wie association to give to the European representatives some Ideas of the best things, achieved in the United States toward prison re - form, r fcoKeoHV t !1S5S &. J 3'ti.! mm mss Jfti' xmmr Mfp E-ven as a. . - iW' IISII My V h w9 : v ' Jf"''..-' ' ' l-Alii, - ' - 'v, p''.';';'; ' -: V'V: '-': (Jeorge Bonha';-, the famoii leave the ainateiii' ranks. Four DEAD NIGHT (By Leased Wire to "The Times) New -York, D.e. IlillOl', . :(! Samii' I Mr- I I!. - nii... a' (..( . I j hi? family at ! .liVi i, was .foiir i 1 ho:nt and the ! killed 'bv his w i vlio liv.-il '.viih si 'Poity-LKi-lHh il drad !:l;-l niht at i.ts pu'l. e . .j fe who has lieen under iiisaniiy fa: Hi.- pasi ' .'" I,,M t . .for' H years.. 'I'll ' ihrce voum away -Inmi heme child'.. -:l b;' dllc'e- eirly. a i-hmrli d b--iv 111 -.Hie in . 'the , ai-i. id !""' - niiMiihiu; IllMgll lloVllOlld. ill I telV) boy. . stal led ' up stairs ji-boat '..!':3l- o'clock and one of III" lae.lint.-' h niel his. mother, .he stepped him n.at saM:. ...-.. ' "Willie, veiild .veil j.'ke lo see a nice gas Move," he salil- 11-' v.'uidd, "Voti won't -he -afraid ?" i'.stieil tin. nin'.lier. He thoimhl he would not.be. so she led hi in into her ap ii tnieiil and there the boy saw the lm.lv of hi ; talli'M' Ivlng in a pool 'of Idool and lilniul.-i.. ins on the Wall. lie ran mil of Hie renin ami ran divn the stairs.. At the fo.it of I lie. slnii s he met is sister,- .leane. bo is a year younger than liiioseM, and told her his mother hail l;ilc,I Ills father j and l'JI'1 tM tile pnliee Ft it i"ll. The nollee In-Ill til,. Wine in and children for . f,,her Invevtinn ioie DKWKY IS 71. , Hero of Battle of Manilla Celebrating Birthday. (Bv Leased Wl to The Times) Washington, Dec. I'll (leorsn Dewey, admiral of the I'nited Stales navy, Is .1 years old ln:!:;y. Then::- ml. 'a I Is not well. For tome days :tc. has been Bartering from it severe cold and sciatica. There will bo soni" visitors to ihe admiral's home today, I all of w.ho'm will oslt to see a little j covered bool. This diary was begun- years ago, aud under the date of May , 1, 1898, It contains tho admiral's own 'account of the battle of Manila. St I :.' '-kl?U ' 1 nmaleur sprinter, who has just refused to SHIP WRECKED OFF CURRITUCK (By Leased Wire to The Times) Xor'foik, Va,, Dec, 2li A wifeless ln.-.'i-asve. t. lis of "the" wrei-kliig of the s huo.ier William I.ni iiiar I'll miles east of r.u.iu'ek. N. c. yesterday.. Nine '.in a oi the i-rew were rescued by the An: tr an steamship t'elnnibia, bound .soiitll. which t'eiiorted tin. wreck und the rescue of tile men lo the lllaiiiond Slioajs lightship '-as she passed that I Vi'Se. 1 The siliooner is snpiosed to have . 'been -Wrecked by the hiiriiciine of Tues . dn i) in lit and Wednesd'iv 'morning. 'I he Columbia ..reported the schooner ..sil'll ailoat and" a. menace;-. to.- navlga lioir. Another deu.'e. fog. extending far out ' to H" i and greatly impeding the prog re.. , of v. sse!s; was prevalent yester day and last ;night... Several vessels maiiv .hours n the fog. Mien last foy to the tocal wireless station. The "Id " l ioinlnloii steamer Princess Anne from X.-v, York to Norfolk, due here at I" o'clock yesterday, was delayed niaay hours b ythe fog. When last In aid from she was beyond Cape t 'Italics, in a fog bank, ! - The I 11 1 ee-inn st,l scliooiier CiiecheUs Sherman, reeked in the recent storm and abandoned bv her-crew, was tow oil into Hampton Bonds last night by , tie wrecking steamer I. J. Merrlt. The schooner 1s lintiber-laden and water longed. I'olice Battle With Revolutionists. (By Cable to The Tiniest Moscow, Dec. 2(3 In a battle be tween revolutionists entrenched In a villa in the suburbs find police reln- forced by troops. Baron Cotte, chief of the secivl political police, was killed and Colonel Mtiraki wounded.' several policemen also were killed : and piairt- on both sides Injured. A Christmas Murder. Pryor Creek, Okla., Dec. 26- uty Sheriff Nicholas Mitchell was shot and killed while trying to quell a jChrlstmas festival disturbance. Giant Black Wins the Cham pionship of the World in One-sided Fight A BITTER FIGHT No Fight Ins Like Johnson's Was Ever Seen in Australia Took Fearful Vengeance on Man From Whom He Had Suffered Slights and Re buffs For Three Years and Chased Across ; Three Continents Fop a Fight Fight Lasted For Fourteen Rounds. (By Leased Wire to The Times) Sydney, Australia, Dec. 26 Jack Johnson, the giant black, hammered Tommy Burns out of the world's heavyweight championship in four teen rounds of one-sided fighting in die big arena at Rttshcutters Bay and today for the first time in the annals of the prize ring a negro is the un disputed champion of the world. The victor received $5,000 and the vanquished J30.000, but he paid a terrible price for it. Johnson might have won in the first minute of the light when he hit Burns to the can vas with a terrible right uppercui, and Bhowed the dazed throng oi 30,000 how far he outclassed the man they had come to look upon as invin cible. ; But he seemed almost to stay his hand. Then he took the fearful vengeance for the slights, : rebuffs and insults lie has suffered for three years at the hands of this man whom he had chased across three continents and finally forced to turn on bay on the rim of the world. For fourteen rounds he pounded him with savage cruelty. Burns was blinded, and bleeding and reeling weakly away from the black man's- tireless fists when the police, in pity, stopped the butchery. Burns took the count of eight four times in the battle. It was a biter fight, and for Burns and bitter ending of his career of easily bought triumphs and easily earned money and, praise. He had been beaten before, hut this was not ' defeat, it was annihilation. ; Had he -met Johnson toe totoeand foughtblow for blow, through round after round, to go down at last from a knockout punch In the whirl of a savage rally, with the cheers of the crowd in his ears '-this would have been bad enough. But to be handled like a novice, punched at will .taunted and tortured by the man he told all Aus tralia he despised. Burns sat in his corner when it was all over and sobh ed like a boy. Burns proved that he possesses -one great element of a champion cour age. His long string of easy victories, the adulation of the Australian pub lic, the pride 6f race, had at last worked him up to a pitch of confl tence that made him almost eager for the bat lie. He had been told bo of ten that he was invincible that ho had come to believe it himself. He I had said that the negro was "yellow," that he would quit before a daring attack. ' ! When the gong rang he leaped at Johnson as a champion should at tack a challenger. Then something happened so swiftly and unexpected ly that the crowd could not realize it until the referee . was half , way through with the count. Johnson, poised almost carelessly, with his hands half raised, awaited the rush. As Burns launched a fearful right swing for the jaw, the negros' body ' swayed forward, his curved right arm licked up inside with the spued of a striking snake and the fist struck squarely on the chlu. Burns' head snapped back as if released from a, spring. He spun halfway around and will every. tense, muscle, llmpened by the shock, dropped to his hands and knees. It was done so quickly that the blow seemed to paralyze the crowd as well as the champion. From that, moment there was no doubt about the result. Burns recov. ! cred from that blow at the count of eight and It took him eight reconds to regain his feet after he had taken another of the same kind In the next round. In the fifth he crumpled tin der a Binasti to he heart. In the . fourteenth he was knocked down again .and in every round his face and' hod y were at the mercy of the mercllMis negro. But be did not flinch.' He must have known In th first round that he could not win but he gave no signs'. His eyes began to swell and close, a crimson stain spread gasped I (C out over bis face, and . be as the negro drove blow tN (Continued on Second Page.) '5f ' i I
The Raleigh Times (Raleigh, N.C.)
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Dec. 26, 1908, edition 1
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