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Paxil
Associated
Press
Service
Associated
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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