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Weather. "Washington, April 29 Forecast for North Carolina for tonight and Friday: Partly cloudy, probably lo cal showers tonight or Friday. SECOND EDITION ESTABLISHED 1871. RALEIGH, N. C, THURSDAY, APRIL 29, 1909. PRICE 5 CENTS HER IS RE-COMMITTED T BAIL Justice Upctiurcli Held That There Was Strong "Probable Cause" of Negro's Guilt STRONG AGAINST NEGRO Hearing Began Yesterday Afternoon at - Four O'clock Defense At tempts to Prove An Alibi Mrs. Collins Absolutely Certain in Her Identification Not Shaken by Ex amination Negro is Recommitted to Jail Without Bail Will be Tried in July Warrant Changed . So As to Charge Negro With Biirg . lnry, . . The preliminary hearing of the case against Washington Whittaker was continued this morning at 11:30 before Justice Unchurch. Attorney W. B, Jones, prosecuting, moved to amend the warrant which charged Whittaker with an assault with In tent to kill by adding a clause charg ing hini with burglary. Attorney Al bert I,. Cox objected on the ground that the facts brought out did not constitute the offence. The motion was allowed. Mr. Lawrence Jackson was the first witness examined. He said that he had just got in the bed when he heard the shot. He went to tho front door and saw two men in front of Collins' house. He saw one shot fired and hoard tho negro curse. He got his gun and shot at man twice. He could not identify the negro as he did not see him plainly. There wore at least three men. They went on down Morgan street to the turn of the road. With the evidence of Mr. Jackson the state rested. Mr. A, L, Cox, attorney for Whit taker, made a short speech, arguing that Mrs. Collins was too nervous to recognize hor assailant with any cer tainty and reviewed the evidence, at tempting to establish an alibi for his client. Mr. W. B. Jones, . prosecuting, briefly summed up the evidence against yWhittakcr, showing thai Wh II Inker must be held if the court believed the evidence of Mrs. Collins. On the conclusion of Mr. Jones' ar gument Judge 'Unchurch ruled that there was strong "probable cause" and Whittaker was remanded to jail without ball to await the action of the grand jury at the July term of tho superior court. Yesterday Afternoon. Yesterday afternoon at 4 o'clock the trial of Washington Whittaker, the negro charged with entering the home of W. R. Collins and shooting Mrs. Collins, on the night of April 9th, was begun, before Judge J. R. Upchiirch. The negro was arrested at Wilson about 10 days ago on a warrant issued by H. H. Roberts. Because of the fact that Eugene Rob erts, his son, was one of the wit nesses, Judge Roberts asked, Justice Upchurch to conduct the hearing. Mrs. W. R. Collins was the first witness : examined. She recounted the happenings of the terrible night, when she awoke to find the negro's pistol leveled on her and In her ears his threat of. death If she did not give up her money. When asked if she was sure that Whittaker was her assailant she de clared unhesitatingly that he was the man, She was absolutely certain that 3110 had made no mistake about It. Mr. Cox, attorney for Whittaker, reminded Mrs. Collins that she was under oath and that her testimony might bring Whittaker to the electric chair. She did not waver in the slightest, suylng emphatically she was not mistaken and knew beyond any doubt that the prisoner was her assailant. Mr. W. R. Collins was the next wit ness. He was away from the house when the shooting occurred and could testify only to the pursuit of the burglar and the finding of the foot prints at the window of his wife's room. Mr. R. C. Fowler, who lived near the Collins residence,' and who went to the rescue when he heard the shooting, testified that he and his brother tracked the man who did the shooting out Morgan street, Into Ponltentiary avenue, and across Hlls boro' street to the edge of Cameron field. Y He returned to the scene of the shooting and found a polf ce ntal! thtere- He tried to get this po liceman t fco H nltn t the carni yal I'ro'aW, but be -would, not, fo. lYlTHOU He described the tracks of the man as those made by a No. 8 or 9 shoe, with heel taps on the sides of the heels. Deputy Sheriff Stell was a witness to Mrs. Collins' identification of the man in jail picking him out from a group of five. Other witnesses for the state being absent the state rested here and wit nesses for the defense were 'put on. Washington Whittaker was the first examined. He was followed by Mr. Eugene Roberts, and Sandy Dancey and Albert Wesley, the testi mony of all the witnesses going to proVe an alibi for Whittaker. Mr. M. W. Haynes, of Tarboro, testified as to Whittaker's character. The case was then continued until this morning at 10 o'clock. STATEMENT HASKELL CASE (By Leased Wire to The Times) Washington, April 2 9 The depart ment of justice this morning issued the following statement: "After considering the reasons given by the court in quashing the indictment against Governor Haskell and others in Oklahoma, the attor-eny-general wired Instructions to the district attorney at Tulsa to apply to the court for a new grand jury drawn in conformity with Jurge Marshall's decision, and to present the cases to that grand jury. The department has Instructed the district-attorney to proceed with a vigorous prosecution of these cases." NEWS FROM DURHAM Trinity and Mercer Gaines Called OH Mercer Team Cannot Conic lo Our ham Tickets Put Out by Ward MaHS-nieeting Miss Morshon and Mr, Clement Married. , . (Special to The Times.) Durham, N, C Aprij 29 Games to be played by Mercer University with Trinity will not materialize. Prof. Flowers states that the mana ger of Trinity College baseball team has received telegram from tho Mer cer team that they cannot be here to play the games scheduled for Wed nesday and Thursday of this week, (t was a great disappointment that the team has failed to live up to the contract. The manager of the Trin ity team has arranged with the Ral eigh team of the Eastern Carolina Association to play here tomorrow and Saturday. The arrangement was made with Mr. C. H. Gattis as soon as the news came that tho Mercer team would not be here. The ward mass-meeting Tuesday night endorsed tho following munic ipal ticket: First Ward: J. B. War ren and J. B. Mason; Second Ward: J. S. Perry and R. L. LIndsey; Third Ward: J. E. Carpenter and T. M. Gorman; Fourth Ward: J. J. Law son and Jno. Sprunt Hill. Messrs. N. Underwood, Claiborne Carr, and W. M, Yearby were nominated for : the Ave police commissioners. No nom-, ination was made for mayor, and this Is considered wise. The meeting was harmonious and '.asted but a short time. It seems to be generally un derstood that the above ticket will carry. Mr. Yearby had -"withdrawn from the other ticket and did not want the place, but so much pressure was brought on him he yielded for the good of his country. At "Sunny Side," the home of Col. J. Harper Erwin, yesterday afternoon at 3:30 o'clock, Miss Madge Mershon, niece of Mrs. Erwin, was married to Mr. Felton LeRoy Clements, of Buena Vista, Ga. The home was beautiful In floral decorations. Mrs. J. E. Cheek sang a beautiful solo previous to the ceremony and Mrs. J. M. Man ning presided at the organ. The cer emony was performed by Dr. Tyree, of Raleigh. . Mrs. Clements Is a Jove ly and accomplished young woman and has thousands of friends. Mr. and Mrs. Clements left On the 5:20 p. m. train for their home In Buena Vista, Ga. Mr. Clements was attend ed by his brother, Mr. Geo. Clem ents as. best man. The bridesmaids were Misses Lynn Mathts, AmericuB, Ga.; Vivian Norton, Eleanor Green, and Rosa Green. The maid of honor, Miss Annie Louise Vaughn, Mr. H. D. O'Brlant and Miss Dora Yarborough were married yesterday morning at the residence of the bride, Rev. Dr. J. W. Lynch officiating. ' The bride and groom, accompanied by a sister of the bride, went north on a tour. The Evans Brothers, colored, have opened up a. steam laundry. They are experienced tnen and bo doubt SENATOR RAYNOR MAKES STRONG SPEECH ON BILL Says Uncertainty Now Exist ing is Worse Thaq Panic in Business CRITICIZES THE BILL Maryland Senator Was One of the Principal Speakers on the Tariff Measure Today Characterized the Pending Hill As One for Protection and No Other Purpose Said the liaising of Revenue Was Merely Incidental Says Bill Will in No Substantial Way Lower the Price of Goods or Affect Protected Indus tries. (By Leased Wire to The Times) Washington,'-'April. 29 The senate convened at noon. Senator Smith, of Michigan, had read a telegram from the American Newspaper Publishers, in session in New York City, urging the senate to sustain the action of the house in placing wood pulp and white paper on the free list. A resolution to this effect was carried by a rising vote at the meeting of the association whereby only three dissenting votes, 290 delegates being present. Senator Biistow offered a resolu tion, which was agreed to, requesting the secretary of the treasury to In form the senate as to the amount of raw sugar imported in 1908 by sugar refinericB, the country from which imported, amount from each country and the price at American ports. Consideration of the tariff bill was then resumed. . Senator Rayner said that the un certainty which exists over the tariff matter has produced a condition thsit Is now worse than panic, and a sus pense which is detrimental to pros perity, . He was not a free trader, he said; he believed in custom house taxation, but in a tariff levied for rev enue purposes. Upon that issue tho democrats had won two great na tional victories. The pending bill he characterized as one for protection and no other purpose." The raising of revenue was Incidental. He did not think it would raise sufficient revenue. The repub lican party had promised the country revision, and he did not blame it for attempting to fulfl'.l the obligation, but he declared their effort would re sult in a worse condition than that existing under the present law. He would frame a tariff measure directly opposite to the pending bill and would draft it to raiBe revenue pri marily, by separating the schedules Into four divisions, first, necessities, second luxuries, then he would con sider the lawful industries, and last ly the monopolies. He would levy tho lowest tax upon necessities, and the biggest on luxuries and protect the American workingmen so as to main tain the standard of American wages. Senator Raynor predicted the bill would in no substantial degree lower the price of goods to the consumer and further that It would not affect the inordinate profits of protected in dustries. He did not find in It a line which would lessen the grasp of mo nopolies and trusts. ONE INJURED IN ELEVATOR FIRE (By Leased Wire to The Times) Chicago, April 29 One man was killed, three are missing, and a score were Injured and property valued at $1,000,000 destroyed In a fire which broke out early today in 'elevator B, of the Illinois Central Railroad, at the foot of South Water street. The dead man is Fire Lieutenant M. C. Elllcott, who was killed by felling walls. It Is though that the misBlng firemen are burled In the ruins. ' The building was filled with wheat, corn and rye. The Are originated in the basement, presumably In the boiler-room. '',":..". Granite Company Chartered. The Esson Granite Company, of Salisbury, was granted a charter to day. The total authorised capital stock is 11,260,000, of which one million dollars Is Common atock. The The pal In capital la 1700. W. H. Ragland, et 1, are the Incorporators. SELL THE MARKET HOUSE Is the Advice of Mr. John W. Hinsdale, Jr. Wuke County's Popular Young Rep resentative Champions the Cause of Cleanliness and Progress Five Reasons For Selling That Arc Clear, Cogent, and Convincing. . Mr. John W. Hinsdale, one of Wake county's able representatives in the legislature of 1909, has issued the following letter containing argu ment in favor of Selling the present city market house thnt are absolutely sound and irrefutable. He says: "The legislature passed two bills that are of especial Interest to Ral eigh. The bill authorizing the issu ing of $125,000 of bonds for a mu nicipal building and auditorium, and a bill authorizing-the sale of the old market house and the erection of a modern market, on another sight. "The two bills ' ore more or less Interdependent, and for that reason I have mentioned them both, though I shall confine myself to the market house proposition. ' "The present market is entirely too small to fill the requirements of the city. This is shown, by the fact that all the stalls are now occupied and by the further fact 'that there are many stalls scattered over the city. Anyone who is- in' doubt about the market being of ' insufficient size needs only to look at the Saturday night crowd to be convinced. All of these conditions must grow worse as the city increases In population. "Metropolitan H'alL now used for the municipal building and market, is worth $75,000 or more, therefore, when the now municipal building is finished, Raleigh . Will have this amount invested in a: building used solely as a market and for a market that is not large enough for: our needs. However, if the market be sold, a suitable sight can ho bought and a modern one biilt;for a good deal less than $75,000. V; "It will be a good business propo sition to sell the present market and build a new one, for two reasons: First the new market having more space will bring in a larger revenue, and second the city will put on its tax books from $125,000 to $250,000 of taxable property, besides beautify ing Fayetteville street, for the man who buys tho market will be obliged to put up valuable improvements. The cost of the land will guarantee this. ':..' "The only thing that remains for consideration then is: are the rights of the citizens of Raleigh properly safeguarded? Will they get their money's worth? An examination of the bill shows that they will, the bill having the following provisions: "1. The building cannot be sold for less than $60,000, and it is to be sold at public auction, at the court house door, where everyone will have the same chance to buy. "2. It cannot bo sold until the con struction of the municipal building is actually under way. "3. Possession of the present mar ket cannot be given to the purchaser until the new market is ready for oc cupancy, so we will never bo without a market. ; "4. The surplus from sale of mar ket, after buying sight and erecting the new market is to be used in help ing to erect the municipal buildng thus cutting down the amount of the bond issue, thereby lessoning tho burden on tax payers. "5. The personnel of the commis- slon, which will have the purchasing of the sight and the building of the new market thereon in charge abso lutely assures a square deal. They are Hon. Thos, B. Womack, Mr. John Cross, Mr. M. Rosenthal, the mayor, and city attorney. Men picked be cause of their high character and fine business sense. We can trust them to spend our money wisely and eco nomically. "In conclusion Raleigh cannot af ford to keep the present market. It is old-fashioned, unsanitary, and too small, besides being an eye-sore. Raleigh Is now on the up-grade and the thing to do is to keep her from slipping back. One way to do this Is to vote to sell the market next Mon day. This is a day of progress, and If we do n'ot want to be left hopelessly behind we must get out of the bad habit of doing nothing. "The quotation, 'There is a tide In the affairs of men, which, when taken at Its flood leads on to fortune,' etc., applies to communities as well as to Individuals. "It remains to be seen whether Raleigh will let slip this opportunity. "J. W, HINSDALE, Jr." Snow In New York. (By Leased Wire to The Times) New . York, April 29 A heavy snow storm struck New York today. The storm continued several hours. This Is the latest fall of mow here since May 6, 1891. .. THE NEW SULTAN BEGINS RULE BY CUTTING FORCE Many Attaches Cut Off and Expense Account Great ly Shortened THE PEOPLE APPROVE First Kvidence of Heal Reform Given by the New Sultan in Reorganiza tion of His Court Will lie Mod died on Western European Plan and Without Extravagant Luxury That Has Heretofore Marked Turk ish Court Thousands of Persons Huve Been Cut Off und Millions of Dollars Saved to the Public Sul tan May be Court-martialed. (By Cable to The Times) Constantinople, April 29 The first evidence of real reform In Turkey came today -with. 'the -.announcement from the new sultan; Mehemmed V, that he intends reorganizing the Turkish court. It will be remodeled on the western European style, to be economical and without the extrava gant luxury which has heretofore marked the Oriental government. Scores of attaches of the Yildiz Kiosk were removed from the civil list today by the new sultan. This was one of his first acts in the way of financial curtailment. Hundreds of supernumeraries followed front Other government departments. The force which will occupy the imperial palace under the new regime is sain to be about the size of that at the whjte house in Washington. In all several thousand persons were sum marily dismissed. The saving to the government will reach millions of dollars. When news of this innova tion was made public it. was univer sally approved. It Is reported that Abdul Humid, the deposed sultan may bo court-martialed by tho Young Turks. . WAKE FOREST X KWS. Juniors Defeat Seniors Banquet to Seniors by Faculty Other News. (Special to The Times) Wake Forest, April 29 The hope of the seniors for the class champion ship were shattered yesterday when they went down before the juniors, by the score of 10 to 5. The cham pionship will be the game between the juniors and freshmen tomorrow. The faculty will give the senior class a banquet on the evening of May 7th, in the library building. The occasion of the banquet last year was tho most charming of the sea son, and Its recollections awaken happy anticipations for the coming event. Dr. E. W. Sikes made an address at the commencement of the Youngs ville graded school yesterday. Dr. C. E. Brewer made an address at the exercises Tuesday night. Prof. J. B. Carlyle left today for Nashville, N. C, where he will make an address tonight. He will spent tomorrow in favor of a special school tax. TEN INJURED IN TROLLEY CRASH (By Leased Wire to The Times) Pittsburg, Pa., April 29 Ten per sons were injured, one perhaps fatal ly at 1 o'clock , this morning when the Homestead trolley car got beyond control while ascending a steep grade on Forbes street, left tho rails and crashed Into an Iron trolley pole. E. B. McMasters, the motorman, had his skull fractured. He may die, The others Injured were: Con ductor Ehnat, Mrs. Henry Dodds, Mrs. John Golf, E. W. Thompson, vrfoma8 O'Nell, Benjamin Myers, Miss Helen Burns, G. N. Hartz and W. C. Hagen. FELL FROM THIRD STORY. Not Only Not Hurt But Cured df a Lisp.. : (By Leased Wire to The Times) New York, April 29 A tumble of 40 feet from a third story fire-escape to a stone-paved yard, that would have killed most adults, not only did not seriously hurt 7-year-old Katie Goliskie, of Brooklyn, but cured her of a lisp she had had from baby hood. Besides, it gave her a vocab ulary of big words that astonished hor parents. .. "Are you hurt, dear?" asked the mother, when she rushed down stairs to her child. '" ' "Well, not materially, I think," was the astonishing reply. "My head is a little cut, but I guess it is not serious." She spoke without the slightest trace of the lisp that had always marked her speech. COLLEGE CAMPUS (By Leased Wire to The Times) Northampton, Mass., April 29 Miss Helen Ayer Marden, daughter of Frank W. Marden, a wealthy Boston oil importer, was shot and probably fatally wounded today on Smith Col lege camnus. where she is a student, by Porter MasDougal Smith, a Dart mouth graduate. Smith then killed. himself. The girl had been engaged to marry Smith, who is a broker in Chicago. She broke off the engage ment, however, and it was because she refused to renew it that he shot her. She is not expected to live. MISS WHITE MARRIED Daughter of Ambassador to France Final Ceremony Held Today Miss AVhite Is Daughter of Henry . White, Ambassador to France Her Husband is a (Jcrman Noble n in u. :' (By Cable to The Times) Paris, April 29 The final cere mony in the union of Miss Muriel White, daughter of Henry White, the American ambassador to France, and Count Scherr-Thess, of Debrati, Prus sian Silesia, took place today in St. Joseph's church. Avenue Heche, when the Roman Catholic Church with its full pageantry gave its sanction to the civil ceremony before tho mayor of the eighth A ronissement yesterday which made Miss White legally a countess of the German empire. A notable feature of the ceremony was the absence of the ambassador, who stayed away as a protest against the attitude of the ecclesiastical au thorities in refusing to concede the service of the Episcopal church, of which he and his family are mem bers.. - - The bride made a striking appear ance in the march to the altar. She has been notable for her beauty in many of the capitals of Europe for the past ten years, but never did the b'onde fairness show to better ad vantage than today, set off as it was by her rich, white, though almost se verely plain, wedding gown. The count wore the gorgeous uniform of the German cuirrassier regiment, of which he is an officer. The bride was attended by her nieces,. Miss Margaret Rutherford, daughter of Mrs. W. W. VanderbT and Miss Lucy Buckler, daughter of William H. Buckler, secretary to the American legation at Madrid and Ambassador White's step-brother, as bridesmaids. The bridesmaids were simply gowned In white, and like the bride, carried white bouquets. The bride was given away by her brother, "Jack", White. Immediately after the ceremony the bridal party was driven to the American embassy on the Rue Fran cois Premier, where a small reception was attended by those Invited to the church service and several members of th diplomatic corps. The itiner ary of the wedding trip was not an nounced but upon its conclusion the count and countess will go to Breslau where the count is stationed. The bride's trousseau comprises eighteen gowns by Worth and Dou cet, the former of whom designed the wedding gown. 1XSTALLIXG ELEVATOR, Much Needed Convenience for the Postofflce Building. Materials are being received daily U the federal building for the build ng of the elevator which has been ordered Installed there. This im provement has been much needed and will be of great benefit, adding much to the convenience of that already Well equipped building. i Congress at the last session appro priated $10,000 for the Installation of the elevator and it will be one of the most modern and up-to date ele vators In the city. TRAGEDYONSMITH GENERAL HAINS ON THE STAND IN BEHALF OF SON Testifies as to Captain Bains' Early Life, Temperment and Peculiarities ATTORNEYS EXCITED Report That One of Jurors Had 8ald He Believed Hains Guilty and Would Convict Him if Left to Him to Decide General Hains, Father of the Defendant, the First Wit. ness Tells of H'is Son's Strange Actions on the Field of Battle As a Boy He Was Nervous, Irritable, and Subject to Fits of Passion. (By Leased Wire to The Times) Flushing, L. I., April 29 The at torneys for Captain Peter C. Hains, on trial for the murder of William E. Annis, were excited just as court opened today when David N. Hlrsch, law partner of John F. Mclntyre, re ported to the chief counsel that a man who refused to give his name had called Mr. Mcln tyre's New York office on the telephone and said that he knew that Henry H. Neilson, juror No.' 8, had, prior to the beginning of the trial, expressed his strong- be ef in the guilt of Captain Hains, and had declared he would convict him if it were left to him to decide. Mr. Mclnf.yre hjmself came to the press table to tell the reporters of his incident. ;'.'. No official steps Were taken re- garding the incident. ...: Immediately after Justice Garret- son naa tanen nis seat, Mr. mcimyre called General Hains to the stand. The father of the Hains boys be gan his testimony by saying that he . married in November, 1864, to Vir ginia Jenkins, the daughter of Ad miral Jenkins, of the United States navy. His wife, he testified, had of- en during their 'married life been subject to fits .of nervous depression. General Hains started to tell that Captain Hains did not enter the navy because of his near-sightedness, but Prosecutor Dewitt objected and was sustained--although not before the jury had heard the testimony upon this important point, which has a strong bearing upon the insanity con tention. The witness told of his son's marriage to Claudia Libby. General Hains, in spite of Dewitt's objection, was permitted to tell of his son's strange action on the field of battle during the fight at Guyama, In the Spanish-American war. He was always getting in my way, declared t no. oia soimer. :i told him to retire and he laughed and told me J was not to wear the white helmet I had on at the time. He was so insistent that I had to tell him if he did not correct his act ions, I would have to order him placed under arrest" Mr. Mclntyre had the general tell that Captain Hains as a boy was nervous, irritable, and susceptible to fits of passion. He often had nightmares,", said the witness, "and cried out In his sleep. In such fits, he would strike out with his hands and cry out: 'Oh! Oh!" The father then told how Peter, In 1881, fell through a hatchway and was wounded In the head. He was stiff as though dead, and he remained so for several hours," the father declared. The witness said that following this accident the boy for a long period was subject to severe headaches. Slight noises, he said, would Irritate him very much. The color of his face would change at times intermittently from a vivid flash to a pale white. Peter, as a little boy, the father swore, stuttered and stammered In his speech. This lasted, he said, for about 10 years. The remainder of the morning ses sion was consumed in the attempt of the defense to get before the Jury the confession of Claudia Hains. The court ruled against this because not enough evidence had been given to prove Captain Hains 'insane. Dr. L. S. Manson, alienist for the defense, swore that Captain Hains was Insane last September, but even his testimony did not result to the admission of the confession. A charter has been granted to The Producers Warehouse' Company, . of Apex. Percy J. OMve a titters are the lncornorators. - ' I '
The Raleigh Times (Raleigh, N.C.)
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April 29, 1909, edition 1
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