ESTABLISHED 1871. RALEIGH, N,. C, MONDAY, MARCH 29, 1909. PRICE f CENTS VABJ GILL MIESTED FOR MDTILATIPJGUCCODSIN i.i'..-.. ' . Albert Davis, Colored, Alias Toby Slick, Arrested but Is Later Released THERE IS IN IT It is Hardly Possible That Van Gill . Committed the Crimea His Lack of Education is Against It Work Evidently That of a Man Possessing a Familiarity With Details and a ! Knowledge of the Technical Ad ministration of Justice Trial Put OffWill Not Have Hearing Until After the Election. . . Van QUI, a young white man who has been employed for some time as the driver of an ice wagon In this city, wasarrested iast night at 10:30 by Policeman Alston and confined in the city guard-house, charged with mutilating and destroying the records of the city police court. Albert Davis, colored, better known "here as TobSUck, was also arrested, . but has been release. What the police department has against Gill in the way of evidence is hard to learn. Following their regu lar policy the authorities refused to allow a personal Interview with the , prisoner and also refused to do any talking about the evidence. The only sure thing the reporter has to state is that Qill is behind the bars. He has this information from Chief Mul ling, Judge Badger, and Gill's brother. : ..-..' T . ' ". - Gill's brother, who is a young man I not unknown to fame In ' the courts of the city, says that his brother knows nothing about the crime! He says that on Friday night he and hts brother, Van Gill, "Buck" Buffalo, a Mr, Hart, Alderman Nowell, and oth ers, were at J. I. Johnson's drug store. .How long their conference lasted he does not remember. He says that both he and Buffalo walked home v -with Van, and that Van's mother de clares that he did not leave his home that' night. That Is the story from the Gill side. There Is a rumor afloat that Van Gill was seen with pages of the mu tilated books in his possession, and that he confessed to doing the dirty work. Van's reason for doing it, it is said, was that there were a long list of cases against his brother, and that , It was his desire to destroy the rec ords and in that way help him out fit his legal entanglements. When arrested, Van "Gill did not have any damaging documentary evidence con cealed on his person or about his domicile. It Is said he Intimated that Toby Slick, alias Albert Davis, might - have the documents aforesaid In, his possession and Toby was arrested.' Toby was' found easily enough and succeeded In satisfying Jhe officers . that he knew-nothing about the mat ter. He released. Toby Slick is a very bad negro and Is generally con nected, directly ' or Indirectly, with most of the crimes of and below the rank of misdemeanor, committed in - the city.. Under the circumstances Toby was a very handy man to be picked up, as an accomplice. In this case he charge would not stick and he was released. - . Van Gill, the young man charged With ' ffnlnrf rarnfnllv. fbrrSnp-h the books of Police Justice Badger and - Chief,, Mullin and carefully oblit erating all of the Ones Imposed since . December 1, 1905, has lived In Ral- eigh but a short time. He lived in New York eight years, coming to Ral eigh, 'the city of his nativity,' last .- October. He Is not a man of a very nigh order 'of Intelligence. In fact he . only has the rudiments of a common , . free-school education, being ... barely able to read and write. If he com mitted, 'the crime his work. was noth ing short, of marvelous. How he could ; have gained the'v necessary knowledge' of Judge Badger's methods of docket-keeping, his familiarity - with all the details of the 'work of the ... poltoe department, passes understand- in, r, '--.-: : ... :' ' - The man who did the deed must have been familiar with every detail of tli work, for It was done with a thoroughness and With a carcfulnens as the intricacies and details of the whole system of the office that ' Could only be attained by experience 1 or irfv'. almost v perfect theoretical knowledge of he administration of Jaetlce.'T Remember rtMs: ' , ini e court oi the police justice 4 are kept the following Tecorts: ,' (11 T&e sWvl ef.$oUfi'i wort fcwk t fines, costs and penalties Imposed and collected; (2) the police justice's docket, showing each fine imposed and the disposition of every case; (3) a book showing every warrant issued, time of service, etc.; and. (?) a file containing all of the original warrants Issued. A man" who is not familiar with these facts "would not have known the interdependence of these records and woujd not have found it easy to destroy ALL, of the records. If any one of these four records had been left untouched the loss would not have been complete. There would have been some ground left upon1 which to replace the lost records. A man of ordinary Intelligence and of law who has no knowledge of law atfd of the technical side of the administration of justice, would find it hard Indeed to destroy all the rec ords in any case against him. The average ctizen Would leave one of the gaps down for he could not know the relation between the four sets of records. Friday night the man who did the crime made a clean job of it. He destroyed every entry on the police justice's docket. He destroyed the book in which the record of warrants Issued Is kept. He went further and destroyed the warrants themselves. Not content with this he took a wet cloth and rubbed out all the entries in the record book of the chief of police! t . It Is asserted that Van Gill, for the sake of. his brother, Elmo Gill, en tered the office of the police justice between the hours of 1:00 and 6:00 a. m. Friday night and In order to mark out all the records of a few cases against his brother, destroyed all the records. - This article is no de fense of Van Gill. It Is' the intention to call attention, to the fact that Gill could hardly have done the crime, be- (Continued on Pans Two.) IMPORTANT ' CHANGES Southern Railway Shifts its Employes Mr. It. H.' DeButts, of Grcenslxiro, to be Traveling Passenger Agent, With Headquarters ' In Raleigh. Mr. W. H. McGlamery, Popular City Ticket Agent Here to Take Charge .of Greensboro Office. ' Important changes are to be made in the local offices of the Southern Railway Company here, effective April 1st. The changes have been under consideration for some time, but definite action was only taken re cently. ; There will be a general shifting of, positions. Mr. R. L. Vernon, who has been traveling passenger agent, with headquarters at Charlotte, will be come division passenger agent, with headquarters at Atlanta. Mr. R. H. DeButts," for many years ticket agent of the Southern- at Greensboro be comes traveling pasenger agent for me district east or ureensDoro, wun headquarters in this city. . Mr. W. H.' McGlamery, city ticket agent of the Southern In this City will succeed Mr. DeButts as head of the Greensboro office. Mr. J. O. Jones, ticket agent at Union station in this city will prob ably succeed Mr. McGlamery. Mr. McGlamery's appointment' to the head of the Greensboro office is a well-deserved promotion.. The South ernhas never had an agent here more uniformly kind and, courteous and more popular with all classes than "Mc". He has made a great many friends here, all of whom re joice lnjthe good luck that has come to btm,j but regret to see him leave the cltyl. : These chances make It certain trkt the Southern' is waking up to the InV portance of Raleigh as a railway cen tre, 'and to the fact that the eastern part of Carolina is coming to the front. Mr. DeButts will devote his entire time to building up the inter ests of his road In eastern Carolina and a great future Is before him. The Southern has paid but little attention to eastern Carolina business in the past and, these changes will make for better service all along the line. King Peter In Peril. (By Cable to The Times) Belgrade March 29 King Peter himself Is In peril. There Is report ed, to be strong agitation In parlia ment for his .deposition and an Invi tation" to: the Duke of Tech to accept the turoa '' ' " I ' , . '' Chief of Police J. H. Stispe The latest ancUmost sensational development in the city government took place today at one o'clock when ing in special called session, voted unanimously to suspend Chief Mullin until the mystery surrounding the mutilation of the books and records of the police court is cleared up ana ne is exonerated. Under the circumstances this action was necessary. Chief Mullin will now be free to work as'a private citizen to run down the criminal who has, by his bold action, cast a shadow on the reputation of the police department of the city of Raleigh. For the safe-keeping of the property of the city of Raleigh, especially that con tained in the City Hall, Chief Mullins was directly responsible, and the fact that the office was entered, the books mutilated and records destroyed in the very "temple of justice" is a serious reflection on the force of which he was Captain Beasly has been appointed acting chief by the Commission, and will per-, form the duties of the office OLIf JAMES OF ON TARIFF BILL Second Week of Tariff Debate Opened by the Blue grass Statesman DENOUNCES THE BILL James Says the, Payne Tariff BUI Is .Unfair to the Farmers Revises Upward and Not Downward Will Vote to Put Lnmlier on the Free Usb Wants the Income Tax, and Was Surprised- That President Taft - Had Not , Recommended Such a Measure Believes Supreme Court Would Not Hold Such a Measure Unconstitutional. (By Leased Wire to The Times) Washington, March 29. The second week of the debate on the taWff bill began at 10 o'clock this morning, Rep resentative James, of Kentucky, mak ing the opening speech. He denounced the Payne bill as belhg mest unfair to the farmers, it has been asserted, he said, that this tariff revision had been downward In the pending bill. In dls oUBshig the maximum and minimum section of thebill he said the enforce ment of the maximum rate would wipe on the free list more than fifty articles. He said he had received a number of letters from farmers -In his district urging him to vote fo a two dollar tax on lumber, but he had told his con stituents that as free lumber would benefit the masses of the people and lighten the burden of the poor man, he would vote to place the lumber on the free list. There are some . members from New England, he said, who want to take money out of the treasury to re-forest the Appalachian and White Mountain ranges but they they are opposed to free lumber. In speaking of the Income tax, Mr. James said he was satisfied that If the question came before the supreme court It would be declared constitutional. He was disappointed that President Taft has not sent' a message to Congress recommending the passage of an in come tax. Repersentatlve Stevens, of Minneso ta, he said, last week Informed the house that he (Stevens) had discussed the incomer tax Question with the pres ident but the reason the Income tax subject would not be offered by the republicans as. an amendment to .the Payne bill was because it would em barrass that measure. He added that such an amendment will be Attached to the bill, however, and an opportunity given the house to go on record. Representative . Cushman, who de- crlbed himself as the "baby member" of the ways and means committee, Id the bill as -presented represented the labored work of the committee, and that while It does not contain all the members ' may desire, It would, he thought, meet the approval ot the American people. There were several features of the bill that did not meet either his ap proval ' his Judgment, he remarked, notably the provision relating to coal and lumber as It struck at two great Industries of his state. He , said It was. easy enough to to criticise them, that It was no trouble to frame a perfect bill h; your mind, but. it takes genius to' create a bill. He asked the democrats to produce their bill or a substitute., "The ' farmers Wre benefited by the bill because It made business for the manufacturers and the employment of labor, when la; bor Was employed there Was plenty of money 'to buy farm products." ' In speaking against free lumber. Representative 'Cushman said while , HContlftuei-ofli.Pjige Tlv.il:,. ;,, KENTUCKYTALKS Tided by Commission until the matter can be cleared ir rjulMrlllb CITIZEi TICKET The following arc the democratic citizens' candidates for nomination by the primary tomorrow: Mayor .1. Stanhope Wynne. Police Justice Alex. Stronach. Police , Commissioner James A. Briggs."' . Aldermen. First Ward, 1st Dl v.- George h. Womble. First Ward, 2d Div. D. K. Wright. .. '' Second Ward, 1st Div. J. C. El lington. Second Ward, 2d JDiv '. E. D. Peebles. ., Third Ward, 1st Div. W. A. Cooper, ' ;r Fourth Ward, 1st Div. Joseph G. Brown. Executive Committee. : First Ward, 1st) Div. C. M. Wal ters, M. G. Jones, J. W. Coffey. First Ward, 2d Div. E. R. Pace, L. S. Ellison, C. H. Wiggins. Second Ward, 1st. Div. A. A. Thompson, F, W. Habel, Graham Haywood. Second Ward, 2d Div W. B. Bar row, F. T. Ward, Walter Clark, Jr. Third Ward, 1st Div. Jo. H. Weathers, J. J. Towler, O. B. Penny. T,hird Ward, 2d Div. F. B. Aren dell, W. H. Weatherspoon, H. V. Arnold. Fourth Ward, 1st Div J. B. Pearce, T. L. Meullers, A. R. D. John son. ' ;.' Fourth Ward. 2d Div E. EBril ton, G. Harris, G. W. Goodwin. DEMOCRATIC MASS MEETING TONIGHT '..Tonight ;.at. eight 'O'clock In the court house the democrats 'of Raleigh will hold another groat mass meeting. Kv ery democratic citizen Js urged to be present. Strong speeches will present the needs of the city and it will pay every democratic voter to be present. "In a multitude of counsellors mere, Is safety" and the executive committee urges all democrats to attend. The future of the city rests with the citizens. Taxes must be lowered, more efficient government must be given, or Raleigh -will never go forward. THE WHITLA CASE Jefferson City, Mo.. March 29. De velopments here may clear the mys tery in the .Whltla kidnapping case. Inquiries came today from Cleveland as to whether Frank Minor, a convict in the penitentiary here could b con nected with tlit' Whltla boy's kidnap pers. Minor was sentenced from St. Louis In December, 1907, to two years for forgery and is to be discharged In Junft. . Investigation disclosed that both Boyle, If that be his name, and the woman arrested with him as the Whatla boy's kidnappers, frequently visited the penitentiary here last sum mer to Bee Minor, whom the woman claimed was her husband. Minor de clared he did not know the woman who had called on him, claiming to be his wife. Prison officials believe he is at tempting to shield her. When first arrested a woman was with him. Tiir nninrnn IIIDUI DtVELuPEMtNTIN Pay laborer' Inherits Fortune. Laurel, Del., March 29 Richard Mitchell, a day laborer here, has just been apprised that he has fallen heir1 to one half of the $100,000 estate loft by, a uaae.laXWladQlpula, i ; ' : ."'K-.i Mullin 'great campaign for better the Police Commission, meet the chief. up. ELECTROCUTED FOR HER CRIME Woman Who Murdered An other Paid the Penally for Crime in Chair CLEARS HER HUSBAND Woman Murderer Pays for Her Crime by leuth in the. Klectric Chair. Many Pleas Were Made to Save Her and Governor.' Was Interceded With On Ground of Her Sex, I tut He Refused to Interfere With the Sentence Five Women and a Score of Men .'Witnessed . the' Kxccut ion. Woman, in Her Confession, Exon erates Her Husband. (By -Leased 'Wire to The Times) Auburn, X. Y., March 29 Mary Farmer was punished for the murder of Sarah Brennan by death In the electric chair in Auburn prison at 6:15 o'clock today. Five women and a score of men witnessed the execu tion. The. woman left in the hands of her father confessor, the Rev.; J. J. Hickey, the following confession, completely exonerating her husband, James D. Farmer, also tindery sent ence of death: "To Rev. .1. I. Hickey: "My husband. James D. Farmer, never had any hand in Sarah Bren- nan's death, nor never knew anything about it until the trunk was opened. I never told him anything that had happened. 1 feel he has been terri bly wrongedV James D. Farmer was not at home the time the affair hap pened, neither did James D. Farmer ever put a hand on Sarah Brennan after her dentil. Again I wish to say as strongly 'as I can that by husband, James D. Farmer, is entirely inno cent of the death of Sarah Brennan: that he knowingly had no part In any plans that led to it and that he knew nothing whatever about it. (Signed) "MARY FARMER." This statement was witnessed be fore a notary. The five women who witnessed the electrocution of Mrs. Farmer are Miss Mary Gorman and Mrs. John TJiuinl gan, the women of her death watch, Mrs, Dr. Helen M. West fall, of Mo-, ravla. Miss; Agnes Bnlr, of Troy, and Miss Margaret T. Byrne, of Auburn. The last two are tiiflned nurses. Be sides the women there were a score of men, physicians, officials, and newspaper reporters. Mrs. Farmer was engaged with the priest in prayer when Warden Den ham led the procession of witnesses from his office across the prison yard to 'the death house. . Father Hickey came first. Behind him came Mary Farmer, supported on either side by Mrs. Dunnlgau and Miss Gorman.; Mrs. Farmer was dressed in black. Her eyes were closed. Father Hickey leaned close to her and murmured tho prayer which she kept repeating. When she was seated Dr. Westfal rtid the two nurses arose front their seats and went to her. The five wo men screened her as the electrodes were applied by State Electrician Davis, Captain W. C. Patterson, and the male guards. The current was applied at Ave minutes past six and 1,840 volts was , , "(Continued on, Paso Five.) FARMER IS SMITH MURDER CASE CALLED IN CRIMINAL COURT THIS MORiW "f such Ptrainrrl -relatinns- as will re sult in n permanent estrangement. The tniulile grew mit of. Mrs. Kmery's in-sisteiu-e tlin! the bride atsil bridegroom live iiiM.irt fur ;i feu days until the imblie lias partly, at least, forgotten the pi inei,ials in the sensational mar viage. ..Mrs. Aoki wouhl not listen to her iiiotliei's plans, thoUBh the Japanese son-in-law. who appears susceptible to his mother-in-law's wishes, seemed to jaihei' favoi the plan as for the best. sii:.uku coi,i-.isi:s. Ill Midst nl' Impassioned Speech Ora tor Loses 'Voice Later Finished Speech. (By. -Leased Wire to The Times) . : Washington .March 2! -In 'the midst of tin impassioned arraignment of the apathy of the .lews of America toward Zionism since the new insti tution was adopted in Turkey, David Aberson, of Mew York, a Zionist, lec turer, suddenly ' . became '.speechless and'pale, reeled, and finally 'collapsed before an awe-stricken assemblage of 1,500 'persons in National Hide Hall last night. The speaker became impassioned when he addressed himself to the re ception accorded the news ot the con stitution's adoption, anil lagan in veighing against what he declared was the apathy of his co-religionists. In satirical and caustic terins lie he ban arraigning the Jews of America. Raising his right hand, his fore finger quivering, the speaker began a sentence. Suddenly his face became ashy. . He made a desperate effort to speak, but failed. ,' For several mo ments he stood in the center of the platform in sight of the audience and struggled for speech. Later Mr. Aberson was able to re sume his address. He spoke even teuingiy ana ,iinisneti ins speech amid deafening applause. VICTORY IS IN SIGHT Good Government Forces Are Leading The Leaders of the Citizen's Ticket Forces Declare That Victory is in Sight Looks Like a Landslide for Better Government Chairman Pace is Hopeful. Mr. J. W. Bailey, speaking for the management of the campaign for good government, declared tftis af ternoon that the good government forces "would sweep the field." The Times man went up and down the streets toaay, mingling with the people, and his observations corrob orate Mr. Bailey's statement. Every where he heard the same story. The good government forces seem to be making new converts every hour and their prospects grow brighter. Truly, as Mr. Bailey said: "It looks like a landslide for bet ter city government." Mr. W. H. Pace, campaign man ager for the citizen's democratic ticket, was seen this afternoon and in the course of conversation said: "The people of Raleigh have never yet failed when they were called upon to support a good movement. The present campaign is a fine illus tration of their determination on such occasion. I -.predict an over whelming' victory for all of our nom inees and my prediction is based on the grand display of determination and work on the part, of Ralftgh's democracy, and my knowledge of the fact that such will not cease until our victory is officially declared." IIAMAGR Sl lT AGAINST KMOKY. Because of His Daughter's Marriage .... to the ,Jn Mother and Daugh ter KstrtinKcd. ( By" Leased Wire to The Times) Seattle. Wash., March 29. Arch deacon Kmcry has been called upon to pay handsomely for the advice souRht from men learned In immigration and international law as to how his daugh ter could best succeed in taking unto herself -a Japanese husband, (lundjlro Aoki, wilhout violating the statutes and the laws of her nativity. A suit for $5,000 lias been Instituted against Ivmeiy by United States Court Commissioner Armstrong, whom Em ery befoeched for legal advice relating to immigration nnd the rights granted by treaty and otherwise to an Asiatic. The writing on the certificate of mar riage had hardly dried before differ ences between Mrs. Gundji Aoki and Mrs. Emery, her mother, aroso and tho breach is growing with every prospect Both Sides in Court Witb Their Witnesses and -Ready for Trial SELECTING THE JURY W. D. Norwood of Xeuse River Town ship is First Juror Chosen audi the only One From" the Regular Panel. Was Chosen After Forty-five Min utes of Strenuous Effort on the Part of the Attorneys Mr. M. Harville, the First of the Special Venire to lie Culled, Hadn't Heard of the Case Until He Came to Town Today. When Wake superior court coni vened this morning for the trial of! Earle Cotton, Tim Holderfleld and1? Red Hopkins, charged with the mur-, der of Dr. 13. W. Smith, of Richmond, Va,, whose body was found in the rock quarry at 2 o'clock p. m. on Sun day, November 15th, the defendants were all looking better than when they were first Incarcerated and from their actions they were in good spir its. They conversed freely with The Times man and others about city pol itics, baseball, etc. They were as much interested in the latest sensa tions about the mutilation of the books as if they were In the campaign themselves. Only the members of the bar, court officials, the special venire and the newspaper men were allowed Inside the court room. The halls and cor ridors outside were filled with cur ious spectators anxious to know the plea of the defendants. Attorneys of the - defendants, Messrs. Walter L. Watson, Jno. Hins dale, Jr., Bart M. Gatllng and Jas. H. Pou, were In court promptly at the opening hour, but the solicitor or the other prosecuting attorneys late in making their appearance. Assist ing the Solicitor are Messrs. Holding & Bunn and W. B. Snow, Mr. Sands, of Richmond, not being present. Court was convened at 10:30 and the work of swearing the regular jur ors was taken up. Mr. A. L. Baker was excused from duty on account of being an active member of the Ral eigh Hre department. . Several others of the special venire came forward and begged to be ex cused; some on certificates from doc tors, others on account of being fire men, etc. The Incident reminded the reporter of a passage In the Bible: "And they all with one accord began to make excuse." The state, after calling their wit nesses and finding all of the import ant ones present, announced that it was ready for trial. The defense called their witnesses, and although a few did not answer, they announced that they were ready. Mr. Hinsdale read a certificate from Dr. W. C. Hor- ton, saying that Jack Raines was phy sically unable to be present at court. Mr. Hinsdale asked the court to be al lowed to take his depositions. This request was granted and Mr. J. B. Cheshire was appointed commis sioner, by consent, to take the deposi tions. The defendants were told to stand up and were read their rights at the bar. Karh of them stood steady and without flinching heard the clerk an nounce that "the men you hear call ed out shall decide between life and death." ''. v.- Afier forty-five minutes of stren uous effort, the first Juror was clioosen, he being W. D. Norwood, from Netise Uiver township. The regular jurors were exhausted with only one being chosen to sit upon this case. Mr. M. Harville, the first of the special venlro to be called, hadn't heard anything whatever of the case until he came to town today. He was excused by the defense. Thomaa Morrison, colored, was excused By consent. '.--. John D. Carpenter, of Oak Grove township, was the second juror ac cepted. He was accepted at 12:35 p. m. The third Juror chosen Is B. B. Fish, of Middle Creek township. W. H. Harvard begged to be ex cused from serving on the- Jury ' be cause "Dr. Cotton's step-fathor'i wife and his mother were cousins." Cause accepted by the ; court, to which the defense took' ah exception. A. D. O'Neill, of New Light town ship, was fourth juror accepted. , , -. (Continued on Page Five.), ''r.-v-;,-'.. '.vt -.'tV'

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