He Paxil Associated Press Service Associated . k -ft .1 . . p. j ; Press Service MJQUX 1 Vol. LXX. No.. 42. The Weather SHO WEES. RALEIGH, N. C, MONDAY, AUGUST 21, 1911. LAST EDITION PRICE FIVE CENG'S Double the Number of Paid Subscribers in Raleigh of any Other Newspaper Chief Justice Walter Clark Awards Children to Paternal Uncle Without Prejudice MRS. FLEMING IN CITY Mother of Children Will Remain in Raleigh a Week Ilefore Determln ing What Course She Will Pursue Little Ones Carried to Loulsburg Where They Will He, Kent by Order of : Court Affecting'' Scene When Chief Justice Announced His Order Saturday Night. The last word in the habeas corpus proceedings of Mrs. Nelle Claire Fleming for the possession of her two small children, George Mortimer and Nelle Bryan Fleming, has been said; the children are now with their uncle, Dr. A. H. Fleming, at Louis. burg; the husband, Mr. Percy B Fleming, may now return to Greens boro for treatment, and Mrs. Flem Ing, the mother, will remain in-Ral eigh at least a week before deciding what she will do. After the most affecting hearing ever held lu this city, Chief Justice Walter Clark late Saturday night awarded the children to Dr. A. H Fleming without prejudice as to Mrs, Fleming, pending the action of her husband for divorce. Judge Clark expressly stated that he was not de ciding as to the moral competency of Mrs. Fleming, but as to the financial ability of herself and father to pro vide for the little ones, and he did not want the children taken out of the Jurisdiction of the court, ' Any other issues will have to be decided by a Jury. When the announcement was made Saturday night, Mrs. Fleming, who had been under a terrible strain for a week, collapsed. A shudder a cry of anguish, and temporary forgtfulness on her part as she fell into the arms of her father; the frightened screams of children, commotion in the courtroom these followed the last words of the chief Justice, Dr. Fleming and the husband carried the little ones but of the room and the large number of peo ple departed. Mrs. Fleming was asked today by a Times reporter what she inteuded to do. For a week at least, she re plied, she would remain in Raleigh; after that time she would know whether she . would return tcner people at Washington. Her father has already returned to his duties in the treasury department. After Messrs. Spruill and Norris concluded their arguments Saturday afternoon. Col. John W. Hinsdale and Col. W. C. Douglass delivered strong arguments for their respective sides. The order of Chief Justice Clark, given shortly after eight o'clock, is as follows: By Order of the Court. North Carolina, in re Nelle Claire i Fleming Petitioner Habeas Corpus Percy B. Fleming, the husband of the petitioner, and the father of the Infant children whose custory Is be- for t'iie court for decision, admits in his pleading that he is an unfit per son to have the custody of the said children and. does not ask for the same. ... The petitioner, Nelle Claire Flem ing the mother of said children, asks for custody of her two children George Mortimer, aged four years, and Nelle Bryan, aged three years. (Continued on Page Five.) TO BE HELD FRIDAY THE MORRIS HEARING The preliminary hearing of L. J. Norris, Charged with the murder or J. B. ,Bfsett, will-be held before Police Justice Walter L. Watson next f Friday morning at ten oclock.vThe delay in the trial .was caused at the request of Solicitor Herbert B. Nor ris, who will prosecute for the State, and Mr. Bart M. Gatling, counsel for the deefndant. Mr. Norris is appear ing ag Solicitor In Wayne County this week, but will probably get through by Thursday night. Colored Merchant Found Witl Head Blown Open ' . ' ."' .'.V, A. W. Rogers Found In Front of His Own Gale Dead Hole in Back of Head Resulting From Gun- Shot Assassin I'nknOwn Had Domestic Troubles. (Special to The Times.) '.',.'. Wlllamston, N. C., Aug. 21 This quiet little town has had more ex citing scenes enacted within- Its bor ders during the past, week than have occurred here before in many years Two murders Inside of five days right here in Wllllamston is a fact that we are not proud to chronicle. Following the murder of Chief of Police White on last Tuesday night another crime was committeed last night which has shocked this com munlty. This morning about five o'clock as a negro by the name of Jack Everett was walking by the house of A. W Rogers, a negro merchant who re sides in the suburbs of Williamston he found the prostrate form of Rogers lying face downward at his gate. Upon closer investigation he found that Rogers hud a severe gun shot wound in the back of his neck that his body was cold in death and presumably life had been extinct for several hours. Rogers had his own pistol with no cartridges used clasped in his right hand and his glasses In his left. It is thought that they were placed In his hands by the assassin after the deed was committed. When Rogers' wife was informed that her husband had been found dead, she said that she had heard the explosion of 4 gun about ten o'clock last nigh but had not heard any one cry out and was afraid to go out to invest! gate. It appears that the assassin wrapped his feet in bagging to pre- ent his shoe tracks as being identt fled as one of these bags was found where it had slipped from his foot in his haste to escape. Sheriff Craw ford has wired for blood hounds and will'. leave' no stone unturned to solve the mystery surrounding this murder and arrest the guilty party, Some JJve or six months ago just as Rogers was leaving his store for the night he was shot In the arm and slightly wounded. About two months later his store was burned. It is rumored that Rogers domestic af fairs were not at all agreeable and on this clue the officers expect to es tablish a motive for the crime. The coroner's inquest will be held this afternoon. Togo Nesting. Niagara "Falls, Aug. 21 Admiral Togo rested before continuing his journey late today to the Pacific Coast, where he embarks for Japan. KILLED BY JACK KNIFE Brownsville, Texas, Aug. 21 Juan Morales, a Spanish farmer liv ing seven miles from here, killed a mountain Hon with a jack knife, af ter the beast had entered the house and slain Morale's three-year-old child. Morale's arm was so badly mauled, it must be amputated. YOUNG NOT RESPONSIBLE. Medical Board Finds North Carolina Ensign. Irresponsible for Strange Disappearance To Hospital. Washington, Aug. 21. Ensign H . Young ,Jr., of Concord, N. C , who recently disappeared from the de stroyer Perkins, leaving a note that he contemplated suicide and was lat er found by his father in New York City, has been declared by a naval medical board of survey at Norfolk, Va., i;o be mentally Irresponsible for his act. ' ":. ; The Navy Department has ordered the young officer to the government hospital for the insane at Washing ton for observation and treatment. Previous to his disappearance Ensign Young was under orders for court- martial on charge of absence with out leave. He was examined by naval physi cians to determine whether be should prosecuted' on . these ' charges. When found by his father he was taken to a North Carolina sanitarium and removed from there to Norfolk for the examination, ' ' Mr. Graham C, Knight has re turned from Seven Springs. mvif for t1- n0Mmf From left to right are: Henry Clay lieattie, hi'., lather nl Hie accuss: 1: Kim which Is believed killed Henry llenltie's wife; Henry clay Hem lie, J..'., Heattle's ufliinity and the alleged cause of the trugedy. NOW ON TRIAL One of the Most Spectacular Trials In History of Virginia Began At Chesterfield Today MURDER THE CHARGE Greaf Crouds Itegiin Marly Today to Wend Their May to Cliesteiliolil Cum t House Wliciv Famous Case Will ! Tiieil Tliiity-two Talis men Already Summoned and More Expected Heattie Spent Quiet Night aiMi EnjoyiHl Trip Out to Chesterlleld Father to lie IJegii lar Attendant at Triul Selection of Jury. Chesterfield, Va., Aug. 21 One of the most spectacular trials in Vir ginia's history began here today with the arraignment of Henry Clay Beattie, Jr., of Richmond, on the in dictment charging him with wife murder, More than sixty witnesses were subpoenaed by the common wealth, besides a venire of thirty two tallymen. Crowds fram every direction surrounding the country early began wending their way to the historic court house to catch glimpse of the merchant's son, charg ed with shooting his young wife while motoring on the MidlDthian turnpike, near Richmond, on the night of July 1 Kill. Judge Watson convened the court despite the grave illness of his father-in-law", had given rise to the reports of possible post ppnement of the case. Before the convening of court at 10 o'clock, the dapper young prisoner readied the court house in the .officer's custody after a fifteen mile ride from Rich mond jail, where he has been incar cerated since the tragedy, one month ago. Jailers say that he slept well last night, rose early, ate a light breakfast, and enjoyed his first trip In the open air since imprisonment. There was a slight prison pallor in his face. Buelah BInford, the pretty seven teen-year-old "woman in the ease.' made no preparation to leave the Richmond jail. Her presence as a material witness is unnecessary, un til the jury is selected, and hearing of testimony proceeds. Paul Beattie, the prisoner's cousin who swore he purchased the gun with which Louise Welleford Owen Beattie was shot, probably will not be brought here until tomorrow. (Continued on Page Six.) UNIFORM DIVORCE New York, Aug. 21 Response to inquiries sent to all the governors, asking for their views on the desira bility of uniform divorce laws, twenty-three have replied declaring them selves in favor ot uniformity. "Four governors who could not be reached were said by represenlatives to favor. Hadley, Missouri, and Hoke Smith, Georgia, declined to express an opin ion. Many of the governors declared for federal regulation. The question is to be threshed out at the coming conference of governors ' nt Spring Lake, N. J. i " ."' t hincipals ix the iH'i.vmi: mi i:i)i:it William Henry Jackson, seventy three years old, who is the victim of (.lie ot New link's moKt aiitroeious (Times. Jackson, who was a Well street broker, and a dcsreiidant ol a line old New ork family, was found slain in his room, in Hie Hotel Iro quois, early on thv moriiuiK of July Tth. A helllioy who was (liseharced a couple of (lays liet'ure the niui'der las been arrested and is charged with the crime. Insanity to lie (jeidel's Detense. New York, Aug. 21. The case ot Paul Geidel, the . 1 7-vear-old bellboy indicted for the murder ol William H. Jackson, t.n' aged broker, who was 'robbed ami beaten to death in his room ai the Hotel Iroquois on the nisht ot July JTth. was called in the Court of General Sessions todav. 1 nless the counsel for the detense succeeds in ellniK a delay the uctir.il trial probably will begin within a (lav or two. In view tit tieidcl s alleged conlessum it is regarded as a certainty iliat a plea ot insanity will be made in his behall. PLANS READY SOON FOR STATE BUILDING The plans tor the handsome ad ministration building to be erected on the corner ot Fayetleville and Mor gan streets will be ready for 'the contvaetors by September lith. . Mr P. Thornton Marye, ol Atlanta, and Mr. Krank B. Simpson, of this cltv are. the architects. The State build ing commission will meet earlv net mouth and it is pro ball to thai bid will be received from the contractors the building was authorized by. the last legislature. About. Sixty Candidates. The supreme court will begin its fall term next Monday and at this time examinations will be given to about sixty young men who want to practice law in this State. SECRETARY WILSON BEFORE COMMITTEE Washington.- I). C, Aug. 21 Sec retary Wilson, before the house committee investigating the trouble In the department of agriculture, over Dr. Wiley's proposed dismissal, charges Wiley with keeping the facts from the committee about the use of sulphur dioxide . In fruit. Wilson said: "Wiley was speaking through his hat," referring to Wiley's testi mony , that he considered Associate Chemist Dunlup his superior. WM1 eon defended the legality of the Renisea referee board. cash. I'iiul Henllie, who bought 1 1 if Hit' prisoner; Hculali liiuloi-il, 10 BETUESDAY Final Adjournment of the National Lawmakers Has Been Deferred Until Tomorrow Afternoon A GRUELLING SESSION kvei'Vlbmn Now Done In Way ol ( iinerele Law Writing I'.vlra Ses session lias Lasted .lusl I'oiir Mouths mid Sivleeii llavs at Cost Of About K'J,(MK,HIO New Laws, 'I heir I'urpose uud Kllect "Lame Ducks' Itoost" Has lwen Abolished IVesiilent Tall Has A etoed Sev eral Itills J'assed by Ih'iiioerats. Washington, Aug. 1U. Although final adjournment has been deferred until tomorrow atiernoon, the cir cumstances admits ol laving the hal ance sheets of the extra session ol the .sixty-second congress accurately belore the public. : Kvervthing is now done that can be done in the way ol concrete law writing: Another presidential veto like lae sword ot Damocles, over hangs the one important bill still pending. The session - was carried over into this week, not Irora any thought of actually accoinplishim land reforms, but because the lead ers ol the Demoiralic niaioritv ol t he house desire to round out the party s tan II- record. Today the session has lasted lour mouths and sixteen days and has cost the American people about $-(HM) tlilll. I'Ve members ol the tiouse and collate have died during (be trying hot s u in m i-r. It has been .gruelling work. 'J be senate marked tune Saturday and adjourned earlv; but the house remained in session until late Sat u relay night, passing minor bills ot personal interest to members. , Ot big legislation It remains only to pass the cotton traiff bill with its illaborato senate ndeili which re vise the iron and steel schedule which reduce the Pavne-Aldricli taints on cotton machinery, which lowers taxes on chemicals used in mautilacluring cotton goods, and winch provides lor -reciprocal tree trade with Canada in bitiminoiis coal The house leaders will urcept this bill .7 ii st. as it passed the senate, anil notwithstanding the help given the senatorial Democrats bv the Hepub- ( Continued on Page Five.) PRACTICALLY OVER London; Aug. 21 'Railroads are rapidly restoring their normal serv ice. The managers hope by nignt, that all lines, would be operating as smoothly as before the general strike on the roads of Great, Britian was ordered Thursday night.' The settlement Saturday through the of fices of the government and board ot trade, provided for the appointment of sectional conciliation boards, re presenting both parties. The board will undertake the adjustment ot all differences. ADJOURNMENT FIREMAH' :,IC VICTIM " Carolina Special " hu ?;rs Wreck Since Put On Into ISui'iiing 'I resile Near folninlu I'llliigeil limb Locomotives--( oai'b es Itemiiiii mi 1 1 ark and None Was in lined lint 1- ii en in ti liemiett It ! list Accident. 1 ""'Columbia, S. (.'., Auk. -1 .- i'jre man l.uihi-r . Iteniiett u nite, ol Columbia, was crushed to death yes terdav. in the. Iirst wreck tliat ha bel alien the Southern Kailwav s Cm einnati-( .larleston liv er, t be "t ai d una Special, since that train was established about six niontlis ago. The wreck occurred at. 4 : 4iV o'clocl- just when the train was due here lioth locomotives plunging into a r:i vine where' luO teet" ol a frame t resile had been binned owav at Stieville, an iiidustrial siding four miles north ol Alston and L'4 miles mirth ol ( olinubia. Nobody excei't Fiieman Itoiinetl was liui'l. . Tlie passeiigers ..wei e, not even jarred. A relief train sent troni C .iliimlila. returned at V: )'t last niglit wit.i the iassem;ei:i and baggage .and departeil .' sobtrly afterward' lor t'li arlnsl on. . The bridge wnl likely be replaced bv tonight. .Mean waile t rat tic is beum detoured by wav ol Charlotte. I he train was crowded, a large number ot the passengers being Co lumbia and Charleston business men returning troni a Sunday visit to their families sojourning in the mountains .of estern North Caro lina.. iMieinan Uennelt s body was brought here on the relief train and taken to ..its home, 14 10 Harnwell street, where his wile and babies were awaiting him. Kngineer Delano (.;. McAllister ol 1217 lilanilmg street, driving' the head engine. No. 101!). saw the gap In time to apply t lie emergency brakes and to jump In salelv. with Ins colored fireman, Hal Kobertson but not in time to warn the crew ol the second engine. Mr. McAllister s locomotive plunged into the ravine ind turned upside down and No. .100 fi also toppled over the brink. Engineer William H. Green somehow escaped injury, but the fireman, liennett. was instantly crusned to death beneath the ponderous ma chine. : 1 he Irani was m charge ot Con ductor James ". Weaver of lt20 Ciregg street. Engineer Green lives at 1 .1,!0 Henderson street. Prompt ..application, of-the e r- gency brakes .so'. checked the momen tum' ol the heavy tram., without in juring any of t he passengers, f hat t lie ((ac.ies were barely moving when (('ontiniii'd on Paire Five.) TO DISCUSS COTTON Commissioner ol Agriculture W. A Craham has been reiiiiested .by com missioner ol iigricullure in other states to call a meeting ol commis sioners ol the southern states lor the. purpose ol discussing the cotton crop. Maj. tlrabani Is not president ol lae association, l bough he is vice-president, the presidency being held hv Dr. Ian Hutler, ot Mississippi. .Major Graham said today that, he know almost not lung about the con dition ol I, io crop, which is in such a condition ; at the present time to Miake an estimate ot it iiugbt appear ridiculous three months Irom now. Some cotton has been ginned, and the two hales that have been sold brought 12'o .and 12 'cents' a' -pound. FINANCIAL LOSS. Aeroplane Meet Itau .sr.r,00( IWlow I'.vpenses People Witnessed Plum Oul.siile. Chicago, 111., Aug. 21 Thatigh three million people' witnessed the Aeroplane flights hut closed last night, it is estimated the expenses ran $55,000 above the receipts of the meet. The people ' preferred to stav outside of the grounds and watch the flyers. CMUK PHUDICTS TODAY. Hclieves Congress Will Adjourn To. i night if Speed is I'sed. Washington, Aug. 21.- Speaker Clark expressed the belief that con gress would adjourn tonight. Wheth er the prediction conies true depends upon the speed with which the cotton bill is passed today and the Presi dent's veto message Is sent in. CAN CONTEST CLOSED TODAY Nearly 25,000 Cans Deposited lo Front of Times Office By Raleigh THE THREE PRIZE-WINNERS Master Pink Wood is Winner of Billy Patterson uml Strong Wagon and W illiam Jones and Archie Candle W in tiers of Two Splendid Watches Number of Hoys Worked Hard An I nsusal Scene. ;v ; j i ,, -,. & ,t, $ IMIIZK WI.WKKS. I'nik Wood 4,7;J4 cans (Prize, Hilly Patterson) W illinm Jones 4.5IMJ cuns (Prize, (johl Watch) Aifhie Cauille .',424 cans (IM-ie, (Johl Wat cli) . '1 he ComeslaiitN. I'ink Wood, 11!) Johnson St. ... 4,734 W illiam Jones, 113 S. Harring ton St. ...... . ........... 4.5HK Archie Caudle, 557 K. Martin. .:l,474 l'aul Jacobs, McGee St . ; .... . 1.CK2 Harold Byrd, S. Bloodworth,. . J.577 (i. F. Ball, 115 X. Uloodworti. 1,457 Chas. S. Williams. 410 VV. -North . . ... . .., ... .1,250 Ilaxter Nowell, W'. Raleigh .. 1,208 Hen rv J :nies ........ ....... s5 4 Sexton Jones, 528 Cannon.... 800 Geo, Henrv, South St. . . , . . . . . 200 Total .23,532 Exactly 2,1,532 tin cans ot every size and description, idled in a heap in front of The Raleigh Times office today, describe more accurately than words the wonderful success of the crusade that has been carried on for the past two weeks by this newspaper und the bovs of Raleigh, all ably as sisted by Health Officer W. T. Davis. wao has given the work his endorse ment and encouragement. Just as the town clock struck twelve today the last load of cans was shoveled of a wagon and an other boy entered the contest. The pile o! cans must have been over 100 teet in circunilereiiie. and at the enter six feet in height. Never were so many cans seen bv anybody and when Hilly Patterson was led up to the scene,, he almost turned around in lna harness as if to sav And did I do ull that'" In truth. Hilly and the two hand some ten-year gold-filled watches. he.-Times and the bovs ol Raleigh did do it. All these agencies caus- d cans to be removed Irom yards that hud never been so thoroughly leaned belore. I lioiisands ol breed ing places lor mosquitoes were stopped at one lei I swoop" und the health ol the town was made more secure by the removal ol such breed ing placs. Hundreds View Cans. Hundreds ot persor.s. attracted by Hie rattle and dm ol the descending ins, watched ttie young boys aa thev drove up in wagons and dumped their loads on the street. Wagon liter wagon came and still others, until It seemed as if all the cans lu tins city must surely have been In the pile. The health department of Raleigh warmly approved the effort of The runes, and Senitary inspector Davis (Continued on Page Eight.) T Washington, Aug. 21 Schooner Lottie R. Russoll, Brldgeton, N. J., bound from New York to Wilming ton, N. C, was saved yesterday by Reveue Cutter Seminole, after she was disabled in southeast gale and drifting upon Cape Fear bar. Her foremast and head sails were carried away when her distress signals were seen by the Seminole cruising for derelects. Cutter took oft the crew with six men and towed the schooner to Southport, N. C. Mr. and Mrs, C. H. Beckham leave son lett today for Kington. 8" 'i t

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