1HE IUBSCEIPTION 51.00 A YEAR. WILSON, N. C, FRIDAY, SEPTEMBER-15,-1911 VOL. 17. NO. 167 RAILROADS fITHDRAW THEIR POSITIONS AS TO DAVID SON COUNTY-THOSE FROM PIT AND FORSYTHE REMAIN 'THE CRY OF THE MOB" (By W. J. Martin.) Raleigh, N. C, Sept. 14. "The cry of the mob must not be mistaken for the voice of the law" is a striking comment of associate Justice Piatt D. Walker, of the North Carolina Su preme Court, in writing the opinion of the court affirming the conviction and sentence of .T. S. Davenport in Gates county for forcible trespass in the sensational struggle of the Rich mond Cedar Co., against the Roper Lumber Co., for the possession of a valuable belt of Dismal Swamp tim ber lands. Davenport and his forty woodsmen in the employ of the Rich mond Cedar Work,s had been direct ed to hold possession of . the lands and destroy the camps of represen tatives of the Roper Lumber Co. Arm ed with axes and guns the men went to the groupes of shanties of the Ro per Co's. people, drove the men away and. burned the shanties. Justice Wal ker devoted twenty-six pages to the opinion finding "no error" in the con viction of Davenport and his men in the court held and making the point that "It should be well understood that individuals cannot use the law and by their own precedure, and in a violent manner either protect or assert their right to property." And that "the cry of the mob must not be mistaken for the voice of the law." There were nine other opinions de livered last evening, this being the first opinions of the fall term con vened two weeks ago. The others fol low: Owen vs Horrnthal, Washing ton, no error; Sutton vs Lyons, Cur rituck, new trial; Swindell vs Smaw, Beaufort, reversed; Tayloe vs Ca raw, Beaufort, reversed; Graded school Trustees vs Hinton,- Pasquo tank, appeal dismissed; Hinton vs Hicks, Camden, new trial; State vs Vaughn, Hertford, new trial; Grant vs Mitchell, Bertie, new trial; Ellis vs board of graded school trustees, Oxford, Granville, error. ' y Acquitted last night at Lillington of the murder of Charrlie Ellen.nine years ago in Harnett county, Zack Marks is to be returned by the Har nett authorities to the Florida au thorities to be tried for immoral re lations with his step daughter. He had fled to Florida on account of the Harnett affair when he was arrested recently in Florida and a declartion by his infuriated wife that he was a fugitive from Harnett county for murder brought about his delivery to the Harnett authorities for the trial for murder. Now that there has developed lack of evidence sufficient to convict, he will be returned to Florida. In connection with the fight the Southern the Seaboard Air Line and the Atlantic Coast Line railroad, com panies are making for the' reduction of the tax assessments against their properties in this state on the ground that they are excessive in comparison with the assessments against the real estate generally in the counties - their roads travels, the Southern and the Atlantic Coast Line have withdrawn the affidavits of citizens averring low really values in support of the contensions of the rail road companies. The Atlantic Coast Line has withdrawn all its affidavits as to low values in Wilson county and Southern has withdrawn its af fidavits as to Davidson r county. The other counties from which there were affidavits of citizens setting out low valuations were Forsyth and Pitt The commissioners and county tax assessors for all these counties have "keen directed to appear before the commission September 20 and show cans why the assessments, should not be increased if these affidavits of citizens through the railroad compan ies are true. It was these citations to show cause that have forced the railroad companies to withdraw the affidavits as to Wilson and Davidson counties. Miss Jannie. Wetmore, of Greens boro, was in Raleigh today on her way to Washington, N. C, where she has been elected a member of. the faculty of the Washington Gradejd Schools. The final assignments of space in the quarter million dollar fire proof state - administration building the erection of which by the state build ing commission is to be gotten un der way at once, includes the. appro priation of the entire first floor to state librarry purposes, the second floor to the North Carolina Histori cal Commission and Hall of History; the third floor to . the Supreme Court and the Supreme Court library 4 in either end of the building and two floors in pitch and between these on the third floor, the offices of the jus tices of the Supreme Court, the clerk 2f the court and on the fourth floor the offices of the attorney gen eral, the state department of insur ance and the state department of education. The present plan is for the present Supreme Court building to be remodeled inside and adapt it especially for legislative committee rooms. Strong influence, however.are insisting that the Supreme Court room and library sections should be equipped with fireproof vaults and adapted for use as offices of state departments that will need them bad ly before a great while. When Governor Kitchin returns to the city next week there will be awaiting him. a knotty problem from Fayetteville in that two military com panies are contending for the rights and recognition as the old historic Fayetteville Light Infantry, one be ing active recognized service under the control of the National guard and the other posing as an organization under special charter with the right to exist independent of the National Guard. This company has called the state treasurer for a $500 appropria tion and this must be approved by the governor before it can be paid. His disposition of the matter is awaited with much interest. There is a probability that the courts will have to finally settle the contest that is on between the two companies the complications being declared to be woithy of the keenest work of a Philadelphia Lawyer." THREE NEW FISSURES DISCOVERED IN MT. AET NA WHICH IS SPOUTING FIRE, SMOKE AND LAVA FIVE THOUSAND HOME LESS. - Catania, Sicily, Sept.. 14. Three new fissures have been discovered near the crater of Mt. Etna. Five thousand people have t)een driven from their homes by the molten stream. . Chaloner to Settle. New York, Sept. 14. -Sydney Har ris, personal counsel for Rovert Win throp Chanler, has gone to Paris.and it is the understanding among his friends that the mission is a last ef fort to settle the unfortunate Chan-ler-Cavallieri matrimonial fiasco by means of a money offer and a di vorce. With the consent of Chanler, who has finally" given up the Diva, he is prepared to offer her $70,000 in lieu of all claims she won to his estate throcgh the famous marriage agree ment. But he will stipulate that eith er she shall get a divorce In Franee or- else agree that. Chanler may ob tain one in some Western State with out conieew WAR SH PS GATHERING ON THE YANGTSE RIVER IN OR DER TO PPOTECT THE LIVES OF FOREIGNERS CONDITIONS DEPLORABLE Shanghai, Sept. 14. A fleet of foreign warships are gathering in the Yangtse river for the protection of the lives and interests of foreigners. The news from the Scheu province state that conditions are most seri ous since the flood. Shewdest Gold Brick Wan in World in Jail. Chicago, Sept. 14. S. A. Potter, who is said to be one of the best known gold brick and green goods confidence men in the world, and who is said to have garnered more than $1,500,000 from the unwary of two continents during the last few years by means of gold brick swin dles and confidence games, was lock ed in jail here last night. He was arrested by O. F. DeMoody division superintendent of the de paremtn of justice, after being sought for a year by United States secret service men and the police of almost every city in the country. English detectives of Scotland Yard also ' are stud to have sought Potter and his companions who were cred ited with having extracted numer; ons dollars from too credulous Lon doners. Potter, who " also was known as George W. Post, was wanted here on an indictment for swindling return ed in ."United States court' in July 1910. Potter and a companion, Ed ward Starkloff, "also are wanted in Philadelphia, where they forfeited a $23,000 bond in the United States court a year ago. A cash bond of $50,000, offered by Potter, was refused by federal offi cials, who declared nothing less than $150,000 cash bond would gain his temporary freedom. Starkloff who is said to have oper ated with Potter under a score of names, is in the city, according to DeWoody and all of the secret ser vice men and police - here are search ing for him. At Potter's home a great quantity of evidence was found, including what the secret service men termed a "sucker list" of former and pros pective victims. The list is said to contain a greater number of names of residents of cities than of rural inhabitants. After fleeing his $23,000 bond in Philadelphia, Potter and Starkloff are said to have opened an office here and to have flooded the middle west with advertisements of spurious mon ey for sale at half price. The bills, it was declared', were made from plates stolen from the United States mint at Philadelphia and were splen did counterfeits. The investor usually received a package of blank paper, and, being in the position of having sought to defraud the goverment, he would not dare complain to. the authorities. WILL NOT DIVULGE CONTENTS. Germany Considering France's An swers Regarding Morrocco. . Berlin, Sept. 14. The French note answering the German reply . to France's ultimatum to Morrocco is being considered by the German cab inet today. Its contents are kept from the press. X a)U Afffc AXm. mMa. aIa fltv .Ik mXM. 4S 4fc W H- a THE WEATHER 0 0 . & & Rising Temperature. - Fair tonight and -probably Friday with rising temperature on Friday and moderate northeast winds. " , ''' KNEW THE CAUSE BUT C0R0N0R DID NOT DIVULGE AT TIME OF INQUEST-BODY WILL NOT BE EXHU dtD HER INTENDED ARRIVES Hendersonville, N. C, Sept. 14. Positive announcement was made to day by Coroner W. R. Kirk, that Myrtle Hawkins, whose body was found in Lake Osceola Sunday died as the result of an unlawful opera tion. The coroner's jury which gave a verdict of death from "unknown causes" knew this fact at the time of the inquest but made their finding in definite in order 'to allay suspicion of the girl's slayer and make easier the detection of the criminal, Coro ner Kirk stated last, night. It was only after a storm of criti cism from the general public that the coroner revealed the true situation, and announced that' another inquest would be held Friday. Miss Hawkins' body will not be ex humed he said, as this is considered unnecessary. There were rumors last night that an arrest would follow Friday's in quest, at which additional evidence will be adduced. Coroner Kirk last night admitted that the autopsy re vealed the,, true - conditions which led to the ' young woman's death. After a conference; with Dr. A. B. Crafts, of ;12.,'i"wno. assisted- In. the au topsy it was decided then that an in definite verdict should be given in order to lead to the slayer of Miss Hawkins and thus assist In the cap ture of the guilty. Mr " Hal Cooper the affianced hus band of the murdered girl, arrived here yesterday . from Johnson City Tenn. He was met at the depot by a married sister of the dead girl, who strenuously objected to Mr. Cooper talking to a newspaper man, and was driven directly to the family residence. He will appear at the cor oner's second inquest. .Mr. Cooper expressed a perfect wil lingness to tell all he knew, but his frank answers to the many ques tions asked him shed no light on the mystery. He said he came to Henderson ville aa soon as possible after the killing of his fiancee. He earnestly opposed the theory of suicide and naturally appears highly wrought up over the terrible death of his sweetheart. The day's developments are these:: The operation was performed, not in the woods surrounding the lake, but was performed in a residence at no great distance from the lake where the body was found and the detectives believe they know the house. The operation was performed in this house, the body was removed to the woods where it lay exposed to the sun for two days and then placed in the lake not more than eight hours before its discovery. Maggots were found in the girl's soft hair, - thousands of them when the body was pulled from the water. Sensational developments more startling than any yet made public may confidently be looked for within the next twenty-four hours..' The clues leading to these developments in nowise conflict with- the evidence already in hand. The state of pub lic feeling is intense. The tragedy has never excited such bitter reeling as this which resulted in the dreadful doing to death of Miss Myrtle Hawk ins by some murderer or murderers almost on the eve of her wedding day. ; - At least, two men, one physician, one business man " are under suspi cion and their movements are being watched. No names have yet been disclosed or arrests made. One" de tective came yesterday but this" morn ing he refused to work on the case for reasons unknown. Another is said to be working on the mystery now. Citizens continue raising funds as an inducement to ' apprehend the guilty party or parties. Pressure is still being brought to bear for anoth er inquest, but many consider it un necessary as they believe there is sufficient evidence already if it will be used. Under Influence of a Woman. . Charlotte, Sept. 14. Mrs! Benja min Williams Ellisor of Shelby, the bride of three weeks whose husband deserted her Monday morning and followed another woman registered at the hotel as Mrs. A. B. Anderson, cf Charlotte, and supposed to be hi3 other wife, had Sheriff Wilkins yes terday to withdraw the warrant charg ing Ellisor with bigamy. The young bride, who was Miss Katherine Wil liams, a pretty girl of Shelby, has had letters from her-husband since he left mysteriously with the other woman. These letters tell that "Mrs. An derson" is his divorced wife, who is following him for alimony the court did not alio wher when the divorce vjis granted. The letters were written from High Point He says he is in conference with his attorneys and will be homo 2D a few days to straighten up mat ters. On the strength of this infor mation the forsaken bride requested the sheriff to withdraw the warrant against her husband for bigamy. Mrs. Ellisor says she knew her hus band was married but that his ftmt vife wras divorced before he married her and she has a letter from a E-rominent lawyer in this State dated May 16, and saying he had filed the complaint for divorce at Scotland, Connecticut, where they were mar ried. . Vvh ether Ellisor and his first wife weie divorced or not remains to be seen. His first wife has a powerful mti ence over him and enticed him away from his second wife without his making any explanation what ever until a letter was received yes terday. . Yesterday morning he (told his wife that he was to meet a man in Charlotte. He went to the Southern station supposedly to catch a train for Charlotte and while there, he re ceived a telephone message from "Mrs. Anderson" from Waco, four miles from here, asking that he catch the Seaboard train and join her there. This he is .supposed to have done shortly after flre train left this city, the mother of the bride swore out a warrant for the man, charging him with bigamy and the wheels of the law were immediately set in motion. Chief Christenburg, of Char lotte; was notified but the. message reached him too late for him to do any good as the train had passed that place. Last night, at a late hour, it was learned by the authorities here that Ellisor and the mysterious wo man had been at Gastonia and from there had caught a train for High Point where the other woman is sup posed to live. Ellisor was formerly a traveling salesman for a soap concern, but lost his position some time ago.' He is said to be a native of Kentucky and his courtship and marriage of Miss Williams was very romantic. It may be some time before the real "facts of the story are learned, as "Mrs. Anderson" told several con tradictory stories in the course of her conversation. There is much speculation here as to "who she real ly is, and numerous theories have been advanced. -" She first said Ellisor was her hus band. Then, that he had been her husband and was divorced She- ad mits signing a fictitious name at the hotel. Her influence over the man was strong enough to take "him away from his bride and there is a lot of sympathy felt here for the latter. : Chicago, Sept. 14. In a struggle which cost several lives and millions of dollars to buildings was settled when the plumbers and builders re turned to work. - ' DIFFICULTIES OF AVIATION WARD HAS TROUBLE! WITH HIS MOTOR AND CANNOT PROCEED FOWLER AWAITS MACHINE Patterson, N. J., Sept. 14. Avia tor Ward, who started froxo New York, for San Francisco yesterday and got lost, set out today for Elzni ra. After sailing fifteen minutes he returned owing to motor trouble. Resumed Flight at 9:15. Patterson, Sept. 14. Ward resum ed his flight at nine fifteen. He pass ed Ramsey, N .., at 9.30 and landed at Tuxedo at ten o'clock. Fowler Awaits New Machine. Towe, Cal., Sept. 14. Aviator Fow ler who fell 1400 feet here in his at tempted flight from San Francisco to New York is likely to await the ar rival of a new machine efore start ing again. A REJECTED SUITOR. - Kills Girl of 22 and Disappears Fol lowing the Shooting. Kento, Ohio. Sept. 14. A posse Is searching the surrounding country for Jesse Newman whom It is be lieved shot and instantly killed Miss Delia Halsey, aged 22. Newman Is a rejected suitor and disappeared fol lowing the shooting. Newman fearing arrest shot himself In the head dying instantly on his mother's farm at daylight. Towns Wet The Country Dry Augusta, Me., Sept. 14. Secretary of st - Davis-has officially announced reports from all but a few towns which give the wet a majority of 155. Other towns do not offset the figures either way. The country gave the majority for prohibition. Damagfe One Million Dollars. New Haven, Sept. 14. It is con servatively estimated that the dam age to tobacco and late crops of corn by the killing frosts will reach close to one million dollars. The chief damage is to the standing crops. Several Seriously Injured. V Detroit, Sept. 14. Three were ser iously injured and six others hurt by trolley and electric light wires which fell to the street. Many horses were killed. lei o & TO-DAY'S MARKET O 0 - ,.0 I mw M m , SB COTTON. New York, Sept. 14. -Jan. opened 11.39; May 11.62; Oct. -11.31; Deo. 11.42; 12 o'clock an. was 11.38; May 11.60; Oct. 11.31; Dec. 11.39. Liverpool closed two points down with the opening with an. 0.088 1-2, March 6.10 1-2, May 6.12. Oct. 6.08 1-2. At 2 o'clock Cotton was Oct. 11.33; Dec. 11.41; Jan. 11.49; March .11.52. Spots in Liverrpool declined 3 points. . - Spots in New York 11.85. Spots in Wilson 11.50. STOCKS. New York, Sept. 14. Pronounced pressure; in .several issues depressed the :stoe$rfarket at the openingr.be ing the nowe3t:'the " ppresent month. There was heaVy selling front 'the continent mosflyjBeflin.' The curb was dull and eayt"- ' ' - PROVISIONS. , Chicago, Sept." : i4 The opening In wheat was Sept. 92 1-2, Corn Sept. 68 7-8. At 11:30 Sept wheat was 92 1-4, and Sept. corn 68 5-8. ' At 2 o'clock Dec. wheat was 96 1-2, tsbrn : Sept : 68 1-2. -w if It-- i - ,1 -t J t - I f r J- i V