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t r - , . - - Weather tfLASTlIl EDITION 'A ij Washington. July 2.6 Forecast for rlortta Carolina for tonight and Tuesday: .:. Partly cloudy tonight; Tuesday, showers. ESTABLISHED 1871. RALEIGH, N. -C., MONDAY, JULY 26, 1909. PRICE CENT3 1 1 r ii.ii 'ii ii ii ii i i ii ii it in i i ' i i w jl. JEROMEAPPEARS IN TflAWt TRIAL AGAINFOR STATE Thlt? and District Attorney Gjareat Each Other and Then Shake Hands THAW FEARS JEROME The District Attorney Will Aid the State In its Fight to Keen Hurry K 'thaw in an Asylum Jerome and Thw Glare At Each Othei', Then Siirifie and Shake Hands Thaw Shows Dread of Jerome Ordeal- Mrs. Thaw Believes the District At torney Is Persecuting Her Son Thaw's Ijawyer Objects to Jerome Appearing in the Case But Is Over ruled. (By Leased Wire to The Times) White Plains. N. July 26. Harry K. Thaw and District Attorney Jerome glared at each other today in the court room at White Plains, where Thaw Is fighting desperately for his freedom and Jerome Is combatting with a the force at his command to keep the slayer of Stanford White In the asylum for the Insane at Mattewan, Each had to tqrn partially In hi chair to see the other. From the eyes of Thaw darted hatred and defiance, while from those of Jerome, there came that tantalizing, half-pltying gaze that seemed to say, "poor boy, I know you are 'crazy, and Lam going to prove It." Then both smiled, shook hands and said they were glad to see each other. They occupied seats side by side, and Thaw kept constantly turning to watch the effect of argument by his counsel Thaw's general demeanor after seeing Jerome clearly contradicted his declur- atlon that ho had no fear of his for mer prosecutor. There was ho doubt but that he dreaded the ordeal of the Jerome Inqui ; sitirm. .,. . - - His mother, Mrs. William -Thaw, ap peared to share the dread felt by her sohi She frequently spoke to him as if to' take his attention from the rt'strict attorney. The gray-haired old woman honestly believes that Jerome Is per secuting her son. Physically the young millionaire looks to be in perfect condition. He has been exercising daily, preparing for the fierce heckling he expects to re cetve from Jerome. Joslah Thaw, ac compariied by his wife, and Mrs. W. N, Millen. a friend of the Thaw family, Were the first to arrive in the court room. They had to force their way throug a jam of femininity that filled the room. District Attorney Jerome and Assist ant Attorney Murphy, with District At torney General Clark, John E. Mack district attorney of Duchess county, Francis A. Winslow. district attorney of Westchester county, Dr. Carlos F, McDonald and Dr. Austin G. Flint com posed the Thaw contingent. When Justice Mills opened court Dis trict Attorney-General Clarke announc ed that at the request of the attorney- general. District Attorney Jerome had consented to appear. This called forth an objection from Charles Morarhaus- er, Thaw's attorney, who declared that In view of the fact that Mr. Jerome ' at the time motion was argued for change of place of trial took oath that he would not and could not appear In the case unless the trial was held in New York; and he ought not to be al lowed to appear. ' Justice Mills held that there could be no valid objection to the appear ance of District Attorney jerome. Mr. Morschauscr complained that he had not had access, as promised, to the minutes of the two trials of Thaw. He said he had tried to see them in ac cordance with an agreement with Mr. Clarke, but failed. Mr. Jerome prom ised to allow the attorney for Thaw to Inspect some copies he had In his of fice. . I ' Dr. H. Ernest Smith, of White Plains, was the first witness called by Mr. Morschauser. Ho has been a physician Since adoui sb years ago ne- or ganised St. Vincent's hospital for the -insane and for a long time attended that Institution. He knew Harry K. Thaw, having met him on July 8, since whlch time he made daily observations of Thaw s mental condition, tie exam- . j. ' mi . - u .... ... I r, ir and nthol tnrA ' Thaw's heart, lungg ana otner organs, his reflexes, all. his senses and the result showed Thaw to be perfecly normal. In every respect save his heart. From notes he made at the time of examinations the witness read the re sult of his observations. Thaw told the physician the history of his life, Including the story of his disinheri tance' by his father. - Bpeaklrig of wnite, maw sum iu to the witness: "I Wonder sometimes why I do nc feel more remorse about the matter than I do. "I asked why he killed White," said Dr. Bmltlv "and he said White had threatened to kill him. He also said he had no Idea of killing White when he went to the roof garden, but had mads It a practice to carry a pistol whenever White was in New York." ' Q. What was the purpose of your ex aminations of Mr. Thaw? ,A. I was asked by -you to observe him and decided as to his mental con dition. Also to make a correct repor of It, whether favorable or unfavorable to your'cllent. Q.iFtom your examination of Mr, Thaw, in he sound mentally? A. He Is. Q. Is he suffering from paranoia? A. He Is not. Mr. Jerome grilled the witness in th Are of cross examination and dra from him admissions that greatly re duced the weight of his testimony. The physician said he knew nothing of the taint of insanity in the family of Thaw and based his opinion onlv on the phy sical examination of the young man and the statements made bv him. Mr. Jerome questioned the witness at length on the provisions of the will an codicil, on the charges made by Thaw against White, on the testimony aliens as to the mental condition of Thaw and gained admissions that the physician had not considered these facts In arriving at his conclusion. He asked him if it were not true that physical examinations of a patient show nothing of ttie presence of par annia. "Yes. Frequently there are no re sponses icf physical tests, yet the pa tient Is a paranoiac," said the physl clan. Mr. Morschauser sought to stralghte out the testimony of his witness, but the only purpose his efforts served wa to arouse Mr. Jerome to further ques Hons. "You have sworn that this man sane and should go free and that his belmr free would be no peril to the community. Is not that true?" askei the district attorney. "Yes." Q. And that he can roam at large without danger to me or any on else? A Yes. Q. Even if he is full of liquor? A. No; I would not say that of an one. Adjourned until 1.-30 p. m. Clifford W. Hartridge, former counsel for Thaw, who is suing Mrs. William Thaw for counsel fees guaranteed by her for her son at his first trial, was called to the stand by District Attor ney-Jerome at the afternoon session. Mr. Jerome asked him to produce re- ports by alienists on the condition of Thaw prior to the trial. Mr. Morschauser objected on th ground that any matter obtained by Hartridtre ub counsel for Thaw was confidential and could not be admitted' Justice Mills allowed the papers to be marked for identification without regard, to their competeney. ... The package, which was delivered into the custody of the, court, contained several peculiar whips, with which Thaw is said to have beaten young women. Dr. W. Myer, Jail physician and nracticin nhvslclan and surgeon of White Plains, followed Lawyer Hart ridge on the stand. He said he. hud made a special study of mental disease. A. jail physician, he made frequent- observations of Thaw ln 1908 and also subjected him to an examination to see If he was Insane. He was prompted In doing this by scientific curiosity. Lat er, from July 8 to the present date, he also observed him. CLASHES WITH STEEL STRIKERS Pittsburg. Pa.. July 26 A large crowd of strike sympathizers attack ed the paint shop of the Pressed steel car company at. raciiees jiucrs this morning with bricks and stones and broke almost all the windows ln the shop. While this was going on another band was stopping street cars and making a rigid examination to see that no strike-breakers were be ing brought in. In addition a party is said to have landed in a skiff near (he pumping station of the plant and when met by a squad of deputy sher iffs a battle followed. One of the lo aders is said to have been shot. AH signs of business stopped when the state constabulary began to parade the streets. The trouble started over Lthe repeated rumors that the com pany wouia maKe an enort, to smug gle strike-breakers into the plant this morning. I0T10N TO POSTPONE BREESE TRIAL AGAIN Aaheville, N. C, July 26 Another attempt was made to postpone the trial of the case of the United States against William N. Breese, et al. offi cers and alleged wreckers of the old First National Bank of Ashevllle, when the case was called for final disposition inthe federal court this afternoon. The defense has asked for a continuation on the ground that the defense had not had opportunity to examine the books of the bank ex cept In the presence of the assistant district attorney. . The -motion was overruled.-; It is understood that Cashier Penland will not be tried now. but will be used as a witness for the government against Presi dent Breese and the other Indicted officers. CELEBRATION IN HONOR OF THE '' "- '' :" AVIATOR'S TRIP M. Bleriot, the French Aero nauyt Makes Successful Flight Across Channel WILL QUIT FLYING Sleepy Old Cliff-built City Is En Kete Today, the Cynosure- of the World's Eyes Does Homage to Louis Itleriot, the Intrepid Aviator AVIlO Flew Across the ' KnglisJi Channel Yesterday From Calais to Dover Itleriot Will fiive Vp Fly iiiR, it is Sn id Regards the Busi ness as Too Dangerous For Man of Family. ( By Cable to The Times) Dover, Kng., .Inly 2(! This sleepy old cliff-hulli city is un fete today, the cynosure of the world's eyes, while it. does homage to Louis Bie rlot, the intrepid aviator who flew across I lie English Channel, arriving here from Calais, France. M. Bleriot will soon be lost to aeri al science, for he has promised his wife that, after a flight in the coming Rheims races he will abandon the dangerous sport of cloud-flying, ana pursue his duties in some less excit ing pursuit. Hubert Latham sits weeping upon his aeroplane on the hills off Caiias and Comte De Lambert is excitedly dancing about his Vright aeroplane, while awaiting for the wind to d'e down that they may emulate tha flight of Bleriot. The successful aeronaut returned to Caiias by boat yesterday, but came t1 this afternoon tendered by the mu nicipality. After the reception M. Bleriot will go to London to be lion ized some more. A great demonstra tion is being planned in London for the French flyer. According to an interview with Bleriot published in London today the aeronaut will soon abandon fly ing. He said: "I have five children, and I have promised my wife that my coming at tempt at the Rheims races shall be my last flight. Asked of the possibility of a bi plane making the journey across the channel under the same circumstan ces as those attending his journey, M. Bleriot said: "It would have been utterly Im possible. The increased surface of the planes would never have with stood such a wind as I experienced." The little monoplane usea by M. Bleriot (the smallest ever constructed for practical purposed) has been nearly destroyed by curio hunters. The portions left undisturbed are covered with signatures of those wno fought their way past the police to scrawl upon it. Mme. Bleriot, who came again with her husband today, is more than pleased. "It was an anxious time for me after the aeroplane got oiit of sight," said she. "We were for half an hour without news. 1 was on the Frencn torpedo boat destroyer which followed my husband and, although we had a three mile start he soon overtook and passed us. We ran at' full speed and my anxiety was so intense thai I could scarcely restrain myself." Welcomed In London. London, July 26. Welcomed by a great assemblage, among whom was a representative from the French em- bnsfy and hailed as the conquerlns nero or tne air, M. Louis Bleriot, tne aviator who successfully negotiated the cross channel flight, arrived here to day. So great Wag the press about the Victoria station that police had to han dle the crowds. Never was' such a wel come given to a Frenchman in England as Bleriot received today. AsM. Bler iot and his wife left the train, the dauntless aviator lifted his' hat in re sponse to the cheers that went up. The French colony of London was out in force and the voluble chatter of M. Bieriot's countrymen punctuated the cheering. The excitable French could hardly be restrained by the police. They wanted to rush forward nnd throw their arms about the neck of the aeronaut. Mr. Bleriot today received the check for 85,000 from the London Daily Mall, which carried through the channel con test, at a luncheon tendered him at the Savoy. It was the incentive in the 85,000 prize -which led to the keen .com petition to be tha first across the chan nel In an airship. Bieriot's machine Is on exhibition to day In Selfridge's American department store,. .. . II AT THE OPENING Expected to Bear Mrs. Sutton But Attorney Decides Not to Call Her MAY TAKE RECESS Many Women Crowd Court Doom To day in (lie F.xjiectntion That Mrs. Hnttou or Her Daughter Would Take (he Ktand Attorney Davis SaW That He Had Decided Not to Call Mrs. Sutton, But Major Leon ard Insisted That She he Put on the Stand, and Will I'rohahly Gain His I'olnt Davis Wants to -Adjouiii Court For a Week. (By Leased Wire to The Times) Annapolis, Md., July 21! l-.'xpec?-ing that Mrs. Sutton or her daugh ter would lake the stand to present their evidence io prove that Lieuten ant Siition had not ended his life, tile wives of the naval officers crowded the court room at the opentng of t:ie second week of the inquiry. Lawyer Davis opened the proceed ings by addressing the court as fo: lows: "I would suggest that the court ad journ alter today's session in order that. Lieutenant Utler-and Sergeon Cook may arrive from abroad and give their testimony. 1 would sug gest thai we adjourn Tor at leasr a week." Judse Advocate Leonard surprised the defense by declaring that he wanted to examine Mrs. Sutton. T'.ihve decided hot to call Mrs. Sutton because she has no knowledge of the actual facts of the' tragedy," Mr. Davis responded. The judge advocate pressed tile point, but said that he would not call Mrs. Sutton until she had tine nn op portunity to consult with counsel. "The court will sit from day io day while witnesses are available, Captain Hood ruled. Lieutenant Osterman was railed to correct his previous testimony and Lawyer Davis asked him the follow ing: "Did you see Sergeant DeHart on the night of this occurrence?" I have a faint recollection of see ing him," Osterman replied hesitat ingly. "He was somewhere near the scene of the shootiag." Mrs. Sutton, it is said, will prob ably take the stand today and tell the story of her relentless pursuit of the men whom she holds accountable for her son's death. Her narrative would be one of thrilling interest and more than one young officer implicated in the case shows signs of nervousness when tha likelihood that she will be called today is brought home to him. "Did you hand him a revolver? "I did not. I have some recollec tion that De Hart was handed a re volver or that he threw one away. have no clear recollection of it; don't remember whether this point was covered in the first inquiry. My recollection is very faulty," Osterman declared, evidently embarrassed. Major Leonard interrupted the grilling of the witness, objecting that Davis was gring over matters that had been sufficiently covered. The court overruled the judge ad vocate. Cornered when he admitted that he was covered with blood after ho fist fight and that he had tiled very little, Osterman said that he felt he might have been injured more seriously than testified to. The grilling Davis subjected the witness to caused Major Leonard to appeal to the court to prevent the repetition when the other lieutenants were called. ' Lieutenant Willing was called and asked whether or not he handed the gun to De Hart. 1 "I got the impression the night after the Bhootlng that De Hart was handed a pistol. I did not hand it to him," Willing insisted. "I know id a general way that I went to look for the gun with De Hart later on but I don't belfeve that I ever heard who handed De Hart the pistol." Major Leonard's only query tended to excuse the witness for not seeing the gun passed to the sergeant. He made Willing say it was very dark at the scene of the tragedy and then ex cused him. : Chauffeur Owens was recalled. "I liked Mr. Sutton because he was kind to me where the other officers were very mean," the -lad said with feeling j when Major Leonard asked MANY WOMEN AT SUTTON HEARING him to describe the character of the dead lieutenant. Joe Franklin Anthony, the clerk on duty at Carvel. Hall on the night of the tragedy, testified that Sutton or dered a quart bottle of whiskey wrapped up. "Shortly after midnight 1 saw Mr. Sutton in the assembly room with a young lady," said the wlthness. "I saw Lieutenant Adams about midnight. He asked me to di rect him to a room the officers had reserved. I don't believe Adams got anything to drink from me. There were several officers in the room but 1 don't know who they were. Anthony was still on the stand when recess, was taken. Major Leonard succeeded in get ting in evidence this afternoon the death certificate of the- physicians who performed the autopsy on Sut ton. The report states that Sutton came to his death from a wound in the skull, self-inflicted by a 38 cali ber service revolver following an al tercation in which two of his com panions were shot. Attorney Davis resisted the report and objected strenuously to that portion which stated Sutton hud been guilty of care less handling of fire-arms on a pre vious occasion. The court also ad mitted the report of Major Fuller on Sutton's "shooting up" of the camp cn May 20, 1907. Major Fuller's re port said Sutton had threatened the lives of officers while intoxicated and related that on May fl, Sutton was in such a condition us to lie unfit for duty. SENATE HOLDS T (By Leased Wire to The Times) Washington, July 26 The senate was in session for hair an hour to day meeting at noon and spent the major portion of the time in Consid eration of Senator Brown's (Neb.) resolution directing the president, to transmit . to the governors of the states, for submission to the legisla tures, the income tax amendments to the constitution. The discussion re lated to the procedure in such cases. It was finally adopted, after Senator Brown had explained that a similar course had been taken in the case of other amendments to the constitu tion. At 12:30 o'clock the senate went into executive session nnrj within a few minutes adjourned until Thurs day. TAFT WILL COME TO NORFOLK CONFERENCE (By Leased Wire to The Times) Washington, July 26. President Taft today accepted an invitation to attend the Atlantic Deep Waterways confer ence to be held in Norfolk, Va., No vember 17-20. He will be there but ont. day, the lsth, and will go from Nor folk to the Hampton institute, to ad dress the negro pupils. The invitation was presented by Sen ator Simmons and Representative Small of North Carolina, Representa tive Maynard of Virginia and J. Hamp ton Moore of Pennsylvania. The purpose of this year's confer ence is to tuitner tne project lor an nland waterway from Boston to Key West, Fla. Work is now under way on a section of the waterway between Norfolk and Beaufort. S. C. The war department has granted permission for the cutting of u canal through Cape Cod. SPECIAL RATES ARE DISCRIMINATORY Washington. D. C July 26 Tiie interstate Commerce Commission to day decided that an allowance of rail road or street car commutation tick ets to school children, unless the same rates are open to all children within the age limits in which the tickets to the school children are sold, is discriminatory. The commission made a similar ruling on October 12, 1908, but on petition of Philadelphia and New York schools, who objected to the previous ruling, the matter was re opened. The commission also decided that the percentage of Chicago rates, adopted by the Grand Trunk Rail way as a basis for fixing rates from Atlantic coast territory -to Michigan points is not too high, and dismissed the complaint of the Saginaw, (Mich.), board of trade which had filed a complaint against the rates. Fined For Snoring In Church. Washington, July' 26 James Bux ton, Who had the mistaken idea that church Is to sleep and snore :n, was fined $5 by Judge Klrabat! this morning.- .!- . SHOR SESSION B0NUSOM Great Opportunity for the Contestants to Pile Up Tdeir Voles THE SPECIAL OFFER Contestants who roll in their sub scriptions during this week hare a big advantage that will place the sleepy candidates under a handicap. Greatest opportunity of the contest to build up a strong reserve. How Candidate may Increase the Number of Their Votes. Kvery candidate bringing -or sending to The Evening Times of fice five new yearly subscriptions to The Evening Times by Wednes day, July 28th, will be awarded a voting certificate for 50,000 votes additional to the regular scale. One two-years subscrip tion will be counted as two yearly subscriptions. This is positively the largest bonus offer that will be made during the entire contest and each candidate may secure as. many of these clubs as possible. In order to be absolutely fair and Impartial, this offer will Include all new yearly business hereto fore turned in. Candidates who have taken short term subscriptions for three months or six months, may secure credit for a full year's vote by getting the subscribers to increase the length of their sub scriptions to one year, the con testant will be given credit for the difference between the ntfhv ber of votes issued on the short term subscription and the full number scheduled for a year, all subscriptions extended to a full year will be counted in this great bonus offer. Where contestants can increase the term of a sub scription from one to two or more years this same rule will apply. Any one who has subscribed since this contest began will be consid ered a new subscriber throughout the life of the contest, and all payments made by such subscrib er will be credited according to the scale of votes on new sub scriptions. It will pay every contestant and every prospective contestant in The Evening Times' great Canadian con test to read carefully every word In today's story of the race. A number of changes have been made with a view to affording every contestant a greater opportunity to Improve his or her standing. Fifty Thousand Extra Votes. The chief feature and absolutely the biggest bonus offer of this contest is 60,000 extra vote offer which means that a premium is being placed on new business and the candidates who seek for new subscribers are the wise ones. This is positively the lareest bonus offer that Will be made during the en tire contest and each candidate may secure as many of these clubs aB they can. Read the box at the beginning of this story carefully, and If there is anything you do not understand, ad vise the contest department. Here is an opport unity to "cinch" one of these tine trips. The bonus votes you lay away in reserve may be the means of winning for you one of these fine trips. Remember that n-tng nndet a years' subscription will count fti this bonus offer. This great offer' et. pires Wednesday. Get busy and don't lose a moments' time from work. The following rules and information will cover the contest. 1. This is only a subscription contest, and advertising will not be allowed to count for votes.' 2. Anybody can enter for the race, boys, tirls, men and women. 3. There are no districts to cut you out, and you can send in your sub scrlptiong and have an- equal chanca no matter where you live. 4. The four paople who have the Msaest number of votes will be ftWM- -t-a tie tr w. " i ,fa . i . . 5. Three judges will be selected o August 2th to count the vote and award the trips to the four peapitf -who hold the highest number of vOtefe. f 6. Many are asking what wUt be giv en ln the trip. The itinerary publish ed last Saturday of the trip Is na ' will be given FREE. That outline fne! whole trip and tells what wlft toe1 lw-' (Continued oh fcage 1)' li it y at P All I lie fill - , ten t -? ' X v s
The Raleigh Times (Raleigh, N.C.)
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July 26, 1909, edition 1
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