• ASSOCIATED «
• PRESS «
• DISPATCHES «
DEFENSE ASKS THAT
BE QIMSHED TOME
Motion Made Soon After the
Court Opened This Mom-,
ing After Recess From Op
ening Session Last Week.
Mild Clashes Occurred Be
tween Counsel But They 1
Were Not Enough to Ruf
fle Calm of Court Room.
4By the Associated Press) '
Dayton, Tenn., July 13.—Discussion .of
a motion by the defense to quash the in- j
dictment against John T. Scopes, charg
ed with violating the Tennessee law
against the teaching of evolution theo
ries in the public schools, occupied the
morning Herndon of court today.
Presenting the motion John R. Neal
sj>oke first for the defense, followed by
A. G. Hayes, who presented the same
contention. Former Attorney General B.
G. McKenzie spoke in opposition to the'
motion with Sue K. Hicks, of the State
counsel, making the last argument before
Jndge Raulston, just before ordering a
recess until 1 p. m. said to the lawyers:
“Gentlemen, the issues in this ease are
profound and the court does not want to
guess," adding that he would expect briefs
filed on the motion to quash.
Other than the reading of the indict
ment and questioning of a juror as to
whether he had expressed an opinion as
to the guilt or innocence of the defend
ant, the first hours of the day's session
Mild clashes of attorneys developed, one
between Attorney A. X. Stewart and
Clarence Harrow and the other between
Ben G. McKenzie on one side and Dudley
Field Malone on the other. Neither seri
ously ruffled the calm of the
Chart Room, Dayton, Tenn.—July 13.
—qourt was delayed, 25 minutes in open
ing this morning to resume the trial of
John T. Scopes, charged with violating
the law of Tennessee against the teach
ing of evolution theatries fn the public
schools. The delay was caused by the
activities of newspaper and motion picture
men who photographed almost everyone
The opening prayer was offered by Rev.
W. A. Moffatt, pastor of the First Bap
tist Church of Dayton. The minister in
his prayer included petitions for lawyers
on b th sides of the case and newspaper
men reporting the trio*
Harrow Protests Against Opening of
Court With Prayer.
Dayton, July 13. —The custom of op
ening Rhea county court with prayer
may become an issue in the Scopes case
here. Clarence Harrow, of counsel for
the defense, while he has made no formal ,
statement on the floor of the court, is
known to have protested informally to
Judge Raulston, presiding nt the trial. ,
Judge Raulston today said that he
was Si years old and would not depart
from the custom of having prayer daily ,
at the opening of court aud if Mr. Dar- ,
row persisted in protest to the extent of ,
entering it in the record of the court ,
would rule that the question was one to <
be determined by the conscience of the i
judge and resulting in the responsibility
being the judge’s alode. i
The first prayer was made by a Meth- i
odist minister und a Baptist preacher I
opened with prayer today. i
Jlr. Harrow was silent after both pray- i
How Tennessee’s Act Reads Which For. 1
bids Teaching of Evolution.
An act prohibiting the teaching of the ]
evolution theory in all the universities, (
norma .s and all other public schools of j
Tennessee, which are supported in whole |
or In part by the public school funds of
the state, and to provide penalties for 1
the violation thereof.
Section 1. Be it enacted by the gen
eral assembly of the state of Tennessee, I
That it shall be unlawful for any teacher
in any of the universities, normals and
all other public schools of the Btate whit* <
are supported in whole or in part by the *
public school funds of the state, to teach <
any theory that denies the storjr of the *
divine creation of man as taught in the "1
Bible and to teach instead that man has t
descended from a lower order of animals. I
Section 2. Be it further enacted,
That any teached found guilty of the 1
violation of this act, shall be guilty of >
a misdemeanor and upon conviction shall !
be fined not leas than one hundred dol- I
lars and not more than five hundred dol
lars for each offens£. 1
Section 8. Be It further enacted, 1
That this act take effect from and after
its passage, the public welfare requiring I
!j Concord Theatre 111
(THE COOL SPOT)
| | TODAY AND TUESDAY |
| “ThTyoved 1
H With An Alt Bt«r Cast of Noted U
0 \ ttiJWB H
I Pathe Newa No. .M and Aeaopa |
The Concord Daily Tribune
| LED TO DEATHS OP
, NUMBER OF PERSONS
More Than Three Score Per
j sons Killed by Heat Wave,
Autos, Drownihgs and Air
29 PERIShIeD AT
Four Were Killed by Light
ning, 19 Perished in Auto
Accidents and Six Died
From Excessive Heat.
(By the AhwUM Press)
Chicago, July 13. than three
.' score persons were killed yesterday
throughout the country as the result of
the heat wave, lightning, autos, flying and
bath’ng mishaps and other causes.
With thousands of persons seeking re
lief from the humidity at beaches; deaths
from drowningjed the fatalities, 28 lives
being lost. Nineteen were killed in auto
mishaps, four were killed by lightning,
six died from heat, three perished in train
explosion and one met death in an auto
mobile accident. In nddition several
score were injured, mostly in motor car
Two Killed in Airplane Accident.
Westburg, N. Y., July 13.—First Lieu
tenants Chas. R. Hickey, of Brockton,
Mass., and Albert C. Perry, of Marlboro,
Mass., were killed today when an air
plane crashed near here.
The plane went into a tail spin at a
height of about 700 or I.IKKI feet and fell
in a field and instantly burst into l
flames. An ambulance and wrecking
crew hurried from Mitchell Field, and
the bodies, badly charred, were taken
from the flnming wreckage.
Examining Board to license Contractors
Elects B. L. Goods, of Charlotte, See-
session of the general assembly, a law
was ratified to regulate the practice of
general contracting. This'act requires
an examining board of five to be ap
pointed by the governor. The men ap
pointed on this board by the governor
are H. P. Grier, Jr., of Statesville; C.
D. Rigsbee, of Durham; R. L. Goode, of
Charlotte!; XT. A. Cnderwood, of Wil
mington : H. C. Caldwell, of Asheville.
This board held a meeting in Char
lotte on July Bth, in the offices of the
Associated General Contractors of Amer
ica, and completed arrangements to issue
license under this law. \ Contractors do
ing business in this state on or before
March 10, 1025, will not have to stand
the examination if they secure applies-1
tion blank, fill out, attach check for S2O j
and mail to R. L. Goode, secretary
treasurer, state licensing board for con-1
tractors. Charlotte. These blanks are I
on file with the sheriff of every eountv •
and city tax collectors or can be had by j
writing to Mr. Goode.
This act as ratified specified that any
one who for a fixed fee undertakes to
construct buildings, highways, or other
qtruitures in accordance with plans and
prepared fey. a licensed ar
chitect or’ registered engineer, shall "se
cure state license.
Section 14 of this act states that all
architects and engineers preparing plans
and specifications for work to be con
tracted in the state of North Carolina,
shall include in their invitations to bid
ders and In their specifications, a copy
of this act or such portions thereof as
are deemed necessary to convey to the
bidder whether he be a resident or a
non-resident, of this state, and whether a
license has been issued to him or not,
the information that it will be necessary
for him to show evidence of a license i
before his bid is considered.
BANKER DEAD BUT FAILED
TO EXPLAIN SHORTAGE
Dies From Slow Suicide, Wasting Away
From ,290 to 110 Pounds.
Kansas City, Mo., July 11.—A victim
of slow suicide. Joseph R. ’Gant, banker
and once a civic leader of Kansas City,
died early today without revealing what
became of $633,000 he was charged with
having embezzled from the defunct Cen
tropolis State Bank, of which he was
Since the closing of the bank Novem- '
her 14. 1924, with losses to 2,700 small (
merchants and workingmen, all efforts of ,
State banking official to trace the em
bezzled money have failed. \
It was a “one-man" bank, and exam- '
iners declared only Gant could solve the
The banker disintegrated when the
blow go his prestige was struck with the (
closing of the institution. A big man,
weighing 220 pounds, he wasted away
until at death his weight was only 110
Physicians and relatives agreed his '
death was the result of his determination 1
not to live.
DoPaoio Winner of Laurel Track Ram
Washington, July 11.—Peter de Paolo,
Italian racer, was declared, the winner
after a recheck tonight of the 250-mile
inaugural automobile race today at the
new Baltimore-Washington speedway.
Bob McDonough, 25-year-old protege
of Tommy Milton, who was first an
nounced »s the winner, was found to
have finished second, almost a lap be
hind de Paolo.
I Prof. Robert Charlotte,
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AIR HUNT FOR KNAPP,
THE SUPER THRILL KILLER
An Army Plane Has Flown 300 Miles
In Order to Search For Him.
(By the Associated Press)
New York, July 13.—An army plane
has flown 300 miles in order to search
the foothills and woods of northern New
I York for Philip Knox Knapp, deserter
j from the army air corps who fs reported
as a killed for a super thrill.
I The air hunt for Knapp, \vho appar-
I ently slew Luis Penella, taxicab driver,
; “ f,er exhausting all other means th get
I "a kick out of life," centers in Platts
Tlie plane wits dispatched from Mitch
ell Field by Major Hensley, Jr., com
mander, yesterday. It carried photos
of Knapp ami other material intended
to assist the guard force of state troopers,
and army police in quest of him.
Important Clues as to Knapp’s Where
Syracuse, N. Y„ July 13.—The state
wide search for Phillip K. Knapp, Syra
cuse youth who deserted from the airtny
aid corps after he is believed to have
killed Louis Penella, Mineola taxicab
driver, .was given Renewed impetus today
with the announcement that a police hail
important clues ns to Knapp’s where
abouts uncovered in the 1,000 island re
The police is certain Knapp has not
crossed into Canada.
Friends of Knapp here bear out the
belief of the authorities that he was well
acquainted with the 1000 islands, where
he has stayed for vacation period and
where he is said at one time to have ton
ducted a .runt running enterprise.
THE SITUATION IN CHINA
Russian Steamer Sails For Canton With
1,500,000 Rounds of Ammunition.
(By the Associated Press)
Canton, China. July 13.—A local cor
respondent of a Japanese semi-official
news agency says it is reliably reported
that a Russian steamer bearing 1,500,-
000 rounds of ammunition has sailed
form Vladivostock for this port.
Shanghai, July 13.—A wireless mes
sage from Chang Sha in Hunan prov
ince says the Chinese authorities there
have renewed assurances of protection
Hankow, July' 13.—Reports from
Chant Sha say a strike of coolies began
there Friday and that a general strike
is set for tomorrow.
Hong Kong, July 13.—The situation
at Canton is reported quiet, hundreds of I
agitators having proceeded from the city
to coast ports to carry on their propa
Skyscraper Garages Planned for Chicago.
Chicago, July 13.—Skyscraper garages
to solvit Chicago's downtown parking |
problems may result from an opinion of
Francis X. Busch, city aEtorney, legnliz
ing construction of the Jewelers' build-1
ing, forty stories tall, os a combination
garage and office building.
The building will be 557 feet tall and
have a storage capacity of 572 automo
biles. Twenty-seven per cent, of all
floors up to and including the twenty
third would be devoted to car space.
CONCORD, N. C., MONDAY, JULY 13, 1925
THE COTTON MARKET
Opened at a Decline of 5 to 7 Points
No Aggressive Buying.
. (By the Associated Press)
New York. July 13.—The cotton mar
ket opened steady today at a decline of
5, points to an advance of 7 points, moHt
active months being higher on failure of
early report to show as much rain as had j
been hoped for in the southwest. Ileln- 1
lively easy Liverpool cables had little
if any effect on sentiment aud while there
was no general or aggressive buying first
prices worked higher on coverings.
At the end of tiie first hour October
wen to 23.84 and December to 23.94, net
advances of about 22 to 24 points. Liv
erpool rallied after the opening being, in
fluenced apparently by the market here
and disappointing weather news.
Cotton futures opencil steady: July
23.30; October 23.35; December 23.74;
January 23.18; March 23.47; May 23.70.
Secret Indictments in Case of the Collapse
of Pickwick Club at Boston.
(By the Associated Press)
Boston, July 13.—Seven were arraign
ed before Superior Court Judge Lum
mus today on secret indictments returned
by the grand jury which -last week in
vestigated the collapse of the Picwirk
Club on July 4th in which 44 persons
lost their lives. Two of those indicted
were employes of the city of Boston
Livingston Easley has returned to the ;
city after spending some time at Mon- I
treat. • | (
J. B. Duke Offers to Extend His
Electric Line Through Rich Section
Charlotte, July 11.—Immediate exten
sion of the Piedmont and Northern rail
road lines from Charlotte to Winston-Sa
lem via Concord, Kannapolis, Salisbury
and Lexington, appeared as a foregone
conclusion here tonight with an announce
ment from spokesmen for J. B. Duke that
the tobacco magnate is ready to proceed
with the program of extension when as
sured of public support in the enterprise.
The announcement made it plain that
Mr. Duke will not ask citizens to sub
scribe for one cent, of stock in the enter
prise but that ail he. asks is assurance
of hearty co-opern tion of the business
men in the territory to be touched by the
At Mass Meeting.
Announcement of Mr. Duke's inten
tions was made by former Governor
Cameron Morrison, who of late has been
very close to Mr. Duke and is regarded
as Ilia spokesman. The former Governor
spoke at a maß» meeting of prominent lo
cal gusiness men in which he asked their
support in the move and suggested that
if (hey saw fit to indorse the plan and
present the indorsement to Mr. Duke he
felt certain that action would be started
Mr. Morrison gave assurance that Mr.
HEART OF NEW YORK
BECOMES SURGING RIVER
Seriously Affected Subway Traffic and
Threatened to Topple Buildings.
(By (he Associated Press.)
New York, July 13.—A surging river
suddenly came into existence in the
heart of Manhattan early today, serious
j jy affecting subway traffic aud threaten
ing to topple buildings.
Water from a 20-inch main at 42nd
Street and Fifth Avenue Hooded three
tubes at the Grand Central terminal for a
distance of about one half a mile. In
some places the water reached a depth
of six feet.
With Our Advertisers.
You can get $l5O Fill linn n davenport
suites at tlie Concord Furniture Co. now
for only $75. The entire furniture stock
nt this store is going at from one-fourth
to one-half off uutil next Saturday night.
All kinds of talcum powder at Cline's
| Bob s Dry Cleaning Co. wants to clean
your linens, seersuckers, palm beach and
white flannels. Phone 787.
Six used cars for sadle at exchange at
the Standard Buick Company.
Appointed Director of War Finance
Swampscott, Mass., July 13.—B'loyd R. I
Harrison today was appointed director
of the War Finance Corporation succeed
ing Frank W. Mondell, resigned. Mr.
Harrison has been assistant to Eugene
Myer, Jr., managing director of the cor
poration and served formerly as secretary
to Secretaries Wallace and Houston of
I the agriculture department.
shat such a line would meet with pub
lic approval and receive public support.
It was also indicated that Mr. Duke
is considering completion of the link in
the P. and N. railroad between Gastonia
and Spartanburg, S. C., giving him a
continuous line between Anderson, 8. C.,
and Winston-Salem should the proposed
program be carried through to com
Such a rail line would pass through
one of the richest sections in the south,
the piedmont districts of North and
South Carolinn, both in the center of the
southern textile industry.
One of the objectives to be gained by
extension of the Piedmont and Northern
electric lines to Winston-Salem would
be in giving the Pennsylvania system an
inlet Into this section of 'Hip south
through the Norfolk and Western connec
tions at Winston-Salem.
Pennsylvania Connect km.
Connection with the Pennsylvania sys
tem would prove a great boom for south
ern Industrial development, it was point
ed out, providing for more rail competi
tion to the markets of the east and cen
I* CAMERON MOP.RISON
|« TO SPEAK AY COURT *
* HOUSE 8:30 TONIGHT *
4“ A mass meeting has been culled id
.IK for tonight at the Court House at IK
Jfc S :80 o’clock at which time Ex- )K
J * Governor Cameron Morrison, of IK
1 iK Charlotte, Will speak on the subject *
® of the development of the iuterurban *
1 IK railroad projeot.
! * Mr. Morrison presented the mat- tK
' & ter before a group of Charlotte eit
* izens Saturday, at the Chamber of *
* Commerce. In his address .he inti-' *
, dr mated that James li. Duke is will- *
' & ing to construct the road if suffi- 3K
i * eient interest were shown by the St
j * cities til rough which it passed. *
* The meeting tonight is to get the *
* proposition before the people of *
|IK Concord. It is imperative that ev- IK
! * e y interested attend, say Chamber $
j * of Commerce officials, to show that )K
IK Concord is backing the movement.
FARMERS OF GUILFORD
WANT SPECIAL SESSION
Repeal of Drastic Dog Regulation Law
Greensboro. July 11.—A special sesion
of the legislature is desired by Guilford
people in order to have tlie county game
law repealed, provided the county com
missioners will not declare it must not
Meeting hero today, 18 men. two from
each township representative of more
• than one thousand who met in mass meet-
I ing a week ago asked the commisioners
not to enforce the law and. in the event
the commissioners are not able to order
it a dead letter, to petition Governor Me-
I-ean to call a special session in order to
j repeal it.
Tlie taw, passed at the last session of
the General Assembly, was strictly “lo
cal legislation" and the farmers, practi
cally all of whom opposed it. claim that
it was passed while they were not look
ing. for the benefit of a few hunters, with
drastic provisions, working hardships on
land owners, and their dogs, causing in
jury to crops.
Tlie Farmers Union today demanded in
a resolution th?t the next General As
sembly pass a law providing that what
is known as “local legislation” be ad
vertised in the papers of the counties af
fected by such laws ten days before pas
sage of such law. This, the farmers feel
"sneaking through" <*
Provisions of the game law that en
rage the farmers are compulsion to keep
(logs up through the summer, no hunting
in the snow, no hunting on a neighbor’s
land without license. Turning loos of 36
foxes in the county by hunters, while
tlieir dogs are made to stay up. has fur
ther euraged them.
STATE TO INSIST ON
TRIAL OF JESSE WYATT !
Is Charged With tlie Murder of Attorney
S. S. Holt in June 1
(By (he Associated Press)
Raleigh, .July 13.—The State will in- 1
sist on the trial of Jesse L. Wyatt, sus- 1
pended plainclothes Raleigh policeman, 1
charged with the murder of Attorney S. 1
S. Holt, of Smithlield on June Ist, at ■
tlie term of Wake County Superior court 1
which convened this morning. Solicitor *
W. F. Evans stated. The solicitor add
ed that he will make a second presentment
of tlie charges to the grand jury tomor- ,
row. Previous indictment was quashed ,
on the ground that the list of jurors which
returned tlie first indictment was drawn
by a boy over 10 years of age.
The present term of Wake Superioi l 1
Court is being presided over by Judge *
\\. A. Devin, of Oxford. Tlie term at
which the indictment was- quashed was
presided over by Judge F. A. Daniels, of
Examine 50 Children Daily at Salisbury.
Salisbury, July 11.—The baby clinic
and examination of crippled children
which was put on four days during the
present week was a- great success and far
beyond the expectation of Dr. C. W.
Armstrong. Rowan county and city
j health officer.
An average of 50 children were exam
ined each day and some had to be turn
ed away. Friday, which was crippled
children's day, there were 71) crippled
children examined by Dr. O. L Miller, of
the orthopaedic hospital, Gastonia. A
number of these children will be given
treatment at the hospital at once but
some were found to be beyond aid so
far as remedying defects.'
Jail Breakers Cannot Be Found.
(By tha Associated Press)
Bristol, T pm| .-Va., July 13.—Three
nights and two days of continuous search
by officers and iiosses have failed to re
veal any trace of Keuueth Wagner, and
four companions who broke jail at
Illounteville, Tenn., late Friday. Al
though tired of the land hunting, posses
continued their activity today in the hope
that the desperado would soon be cor
Court of Inquiry Into Coal Disputes.
(By the Associated Preaa)
London. July 13.—Premier Stanly
Baldwin formally announced in the House
of Commons today that the government
lmd decided to establish a court of in
quiry regarding the causes of the present
dispute in the coal mining industry.
Program for Week of July 13-18
MONDAY AND TUESDAY
•SACK CLOTH AND MCAHLKT' '
Witti Betty Coinpson, and Jack
THURSDAY AND FRIDAY
9 TODAY’S 9
» NEWS •
» TODAY •
DO THE PEOPLE OF
p. s i. Mr?
There Is Every Reason to Be
lieve That the Line WHI
Come by This City If Our
People Desire It
A Gang of Men Has Been at
Work Here Surveying 1 For
Some Time.—There are 12
Men in the Squad.'
Has the Southern Power Company al
ready begun the survey for the inter
urban railway from Charlotte to Win
This question is being generally asked
arounc) Concord and is being answered
in both the affirmative and the negative.
The fact that the Southern Power
Company has had a gang of men at work
here for the past two months surveying
a right of way out of this city toward
and beyond Salisbury has given rise to
the speculations in regard to this mat
At present the men are working be
yond Spencer and are getting elevations
and depressions. They are taking the
"lay of the land,” it is said. Prior
to this, they worked cutting a path
through growth so as-to enable them to
get this "lay of the land.”
They leave Concord every morning and
are driven in a truck to their place of
work, where they remain the rest of the
The men seem to know nothing of the
nature of the work in which they are
engaged. Repeated efforts to elicit in
formation has only brought out the an
swer that they have no idea as to the
purpose of the work. It has been sug
gested that it might be for a
line but there already lines from this
city to Salisbury.
Additional momentum to the opinion
that the survey is for the interurban line
(h* entire squade of swelve workmtmN'HT 3
be transferred to Lexington during the
latter part of the week.
Efforts on the part of representatives
of The Tribune to get in touch with per
sons in charge of the work failed.
Former Governor Cameron Morrison,
of Charlotte, will speak in Concord to
night relatives to an extension of tha
Piedmont and Northern system from
Charlotte to Winston-Salem, and his com
ing also strengthens the arguments of
those who contend the proposed line will
come by Coneord.
Governor Morrison, according to per
sons here with whom he has talked, is
confident that the Piedmont and North
ern will extend its lines and will coma
through this county if owners of the sys
tem are convinced that the people want
it. He is coming here for the purpose
of "sounding out” local sentiment and in
view of this fact little doubt is left in
tile minds of many as to the nature of
the work being done recently by the
workmen who have made Coneord their
headquarters for several weeks.
There is good reason to believe the
line will come by Concord if the Pied
mont and Northern officials decide to
connect with the metropolis.
Five Towns Go to 100 Heat Degrees.
Raleigh. July 11.—'With the thermom
eter standing at 04 here at 11:30 o'clock
today, L. A. Denson, meteorologist for
the state, reported that this was the
10th consecutive day and the 32nd of the
summer with temperature above 00 de
grees. At the same time he stated that
all North Carolina was in the grip of
the heat wave that extends as far as New
York and as far west as Arizona and that
no break was in sight. So far this sum
mer Henderson, Roekingham, Southern
Pines, Edenton and Caroleen have re
ported maximum of 100, said Mr. Den
The Increase of Leisure.
Lake Junaluska. July 11.—Misdirected
use of leisure is the cause of the largest
per centage of trouble that young offend
ers, the occasional offender and hardened
criminal get into, declared Willis A.
Parker, A. M„ Pb. D., addressing the
social service conference of the Metho
dist Episcopal Church, South, in session
here. "The increase of leisure iB the
significant social factor of our
time,” he continued, discussing “the per
ils that, lurk in leisure and the duty of
the c’.mrch to lead in providing programs
for wholesome recreation, education and
community betterment in every section.”
France Eliminates England In Tennis
(By the Associate* Press)
Eastbornne, England, July 13.—Francs
today eliminated England in the tennis
semi-finals of the European zone in ths
Davis Cup play and. will meet Holland
in the Eurojiean zone finals.
WHAT BATS BEAR SAYS
MCi 1 ;