?Pjf jsmitl)firli> Jkralii.
Price One Deller Per Year "TRUE TO OURSELVES, OU R COUNTRY AND OUR GOO." Single Ceplee Plve Cente
VOL.28. ' SMTTHFIELD. N. C.. FRIDAY. MARCH d<i, 1909. NO. 5
COOPERS GUILTY, GET 20 YEARS
GUILTY OF MURDER IN SECOND
SAYS THE JURY.
Motion for New Trial is Immediate
ly Entered and Will Be Argued
This Week?Defense Claims Re
port of Failure to Agree Was Real
Nashville, Tenn., Mar. 20.?Guilty
of murder in the second degree,
with twenty years' imprisonment as
the penalty, was the verdict of the
jury today in the case against Colo
nel Duncan B. Cooper and his son,
Robin Cooper, charged with the mur
der of former United States Sena
tor E. W. Carmack.
The Jury yesterday acquitted John
D. Sharp, a co-defendant. Immedi
ately the defense moved to set aside
the verdict because of the verdict
of disagreement of yesterday and ask
ed the court to declare it a mistrial. 1
Judge Har'. said he would listen
to argument on this motion later.
He then fixed the defendants' bond
at $25,000 each, which amount was
accepted by both sides. The verdict,
coming as it did, upon the heels of
Foreman Burke's declaration yester
day, that "we are hopelessly tied up
as to the Coopers, was a decided
The defendants took it coolly, al
most without emotion. Mrs. Burch
and Mrs. Wilson, the young daugh
ters of Colonel Cooper, were brave
and aside from tearful eyes restrain
ed their emotion gamely. Mrs. Burch
sat with her arm around her broth
er Robin's shoulder and Mrs. Wilson
was at her father's right. The sus
pense for the two young women had
Deen heartrending ana any veraici
however unfavorable was a relief.
The jurors looked worn out and
when the court remarked, "I thank
you gentlemen for your patience and
devotion to the State and dismiss
you to your homes and your person
*al avocations," the entire twelve
sprang from their seats as one man
and hurriedly left the court-room.
The defendants and their counsel
remained to complete the bond pre
liminaries and the motion for a new
Rumors that the jury had agreed
brought a crowd to the court-room
this morning and caused the pres
ence of the attorneys on both sides
long before the usual hour for con
vening. As soon as Judge Hart en
tered court and even before he re
moved his coat, he ordered the jury
and the defendants brought into
court. "I understand they have
agreed," he remarked to the press
table, "and am sending to see."
Exactly at 9:25 A. M. the twelve
men entered the room and took the
same seats they have occupied for
nearly nine weeks. ?
"Have you agreed upon a verdict,
gentlemen?" said Judge Hart.
"We have," replied Foreman E. M.
"Advance, Mr. Foreman, and read
"We, the jury, find the defendants, J
Duncan B. Cooper and Robin J. |
Cooper, guilty of murder in the sec
ond degree and assess their punish
ment at confinement in the State
penitentiary for a period of twenty
"So say you all, gentlemen?"
"So say we all," replied the ju
rors In chorus.
The court then thanked the Jurors
and dismissed them.
Judge Anderson, of the defense,
rose at once, exclaiming, "Your hon
or, we move the case be declared a
mistrial because of the verdict yes
terday. We contend that yester
day's verdict was the only one and
that It acquitted John Sharp, but de
clared a disagreement on the other
defendants. We also ask that the
defendants be admitted to bond at
The verdict of the Jury makes It
a bailable case," was the court's re
tort. "Hence, I will fix the bonds of
each defendant at 125,000.
Mrs. Burch, Who had stood brave
ly and had even smiled in the court
room, collapsed as she reached the
narrow corridor leading to the Jail
and had to be supported by her hus
band. The Jurors were not inclined
to talk but one of them said: "On
the first ballot we acquitted Joht
Sharp and disregarded the conspira
On the same ballot we stood six
for guilty of murder in the first de
gree with mitigating circumstances,
five for murder in the second de
gree with twenty years, the maxi
mum penalty, and one for acquittal.
The ballots all day Wednesday and
Thursday showed the same result.
"Yesterday the man who voted
for acquittal went over to murder in
the second degree but demanded that
only ten years be assessed. The
rest of us did not deem ten years
as anything like adequate so we dis
as anything like adequate so we dis
refers to the Coopers, not Sharp,
whom we had acquitted.
"Early this morning the man who
was holding out for ten years agreed
to the twenty years and the six who
were voting for a first degree ver
dict agreed to this verdict."
While the jurors would not say
who the man was who held out for
acquittal, it is known from remarks
overheard by the deputies that he
was S. J. Hyde.
The first bondsman to arrive was
John J. Greener, who signed for $10,
000 on each bond. Several others had
been sent for and telephoned that
they would come as quickly as au
tomobiles would bring them. In a
few moments Walter O. Parmer ar
rived and signed for the balance.
"I will sign for a million for these
men," he remarked. James E. Cald
well later signed for $25,000 on each
bond, and H. B. Chadburn and C. W.
Anderson for $2,500 each on each
bond. This makes the total bonds
in both cases $110,000, although only
$50,000 was asked.
The Burch automobile came up a
little later and the party was whirl
ed away to the Bradford home. There
will be no further proceeding in the
case for about a week.
WASHINGTON CITY NOTES.
Matters of Interest to Our People
Gleaned from State Papers and
Capt. Samuel A. Ashe, of Raleigh, I
has gone to Washington to take up j
his duties as Clerk to the Private
Land Claim Committee. Senator Sim
mons is the new chairman of this
Representative Page is a very
modest man. He had about the first
pick of seats on the Democratic side
and he was heading down one of the
centre aisles on the look for a good
aisle seat. Champ Clark, who by
virtue of his minority leadership was
given first selection, moved for Mr.
Page. He wanted the North Caro
linian to sit by him. This was no
small compliiQent and the popular
member from the Seventh will be
Mr. Clark's only seat mate during
the sixty-first Congress.
Representative Pou has obtained
the consent of Chief Inspector Har
rison, of the Rural Free Delivery, to
send an inspector to the Fourth Dis
trict at an early date. There are a
number of petitioners asking for the
installment of additional routes. For
some reason the Investigation of
petitions asking for this service has
been held up. Mr. Pou feels grati
fied that the Department has at
last agreed to push.
It may also be of interest to the
young men of Mr. Pou's district to
learn that there is a vacancy at the
Military Academy at West Point. Be
cause North Carolina members and
Senators have had rather poor luck
in candidates who have stood for ex
amination to the Military Academy,
Mr. Pou thinks that perhaps it
would be best to have a competitive
examination; the young man receiv
ing the highest mark to be appointed
principal, and the two next highest
as first and second alternates.
The Congressman from the Fourth
District would like to hear from any
young man in his district who would
like to enter the Milltaiy Academy.
Ed. F. Ward has been appointed
private secretary to Congressman
Pou, succeeding C. H. Martin, who
became Senator Overman's secretary.
Music for the Bugle.
Mrs. Nagger?The noise you make
at night is very unpleasant music.
Mr. Nagger?Do you call snoring
Mrs. Nagger?I should say so.
Sheet music arranged for the bugle.
TIMBER DEED BLANKS.
A fine supply at The Herald Of'
1 fice?Same price as warranty deeds
OUR SENATORS STANDING HIGH.
Both Simmons and Overman on Im
portant Committees?Mr. Simmons
Gets on Most Important Commit
tee in Senate?Also on Steering
Committee?Overman on Conser
! vation of National Resources Com
Washington, D. C., Mar. 20.?In
the new committee assignments in
the Senate. North Carolina fares
well. Senator Overman is placed
upon the new committee to be known
as Conservation of National Kesour
! ces. This will be an important com
mittee. Senator Simmons goes to
' the Finance Committee to fill the
j vacancy caused by the retirement
! of the venerable Senator Teller. This
committee has charge of all matters
pertaining to revenue and taxation
as well as finance, currency and
banking. Senator Overman could
have gone on the Appropriation com
mittee but he would have been com
pelled to retire front the Judiciary
committee, which he refuses to do.
The Finance committee is consid
ered the biggest committee in the
Senate. Senator Aldrich is the
Chairman and the Democratic mem
bers will be Senators Daniel, Bailey,
Money, Taliaferro and Simmons. It
is likely that this committee will be
gin work on the new tariff bill al
most immediately. This was Sena
tor Vance's biggest committee.
Senator Simmons is already on
the Commerce committee, having
charge of Rivers and Harbors, which
was Senator Ransom's biggest com
mittee. He "is also upon the Demo
cratic Steering Committee. In ad
dition to this, Mr. Simmons is also
Chairman of the committee 011 Dis
position oi ruonc uocumenis, ana
by virtue of this latter position, in
addition to rooms in the new office
building, has been assigned the
rooms in the Capitol formerly oc
cupied by Senator Morgan while he
was chairman of the committee on
The sub-committee of the Nation
al Waterways commission, of which
Senator Simmons is a member, is
holding bi-weekly meetings for the
purpose of getting ready for the
great work which has been assigned
to that commission. It is expected
that this committee will make a
hurried preliminary examination of
the rivers and waterways of this
country as soon as Congress adjourns
and then they will spend the balance
j of the vacation in Europe.
Sub-committees will make short
triiis during the special session and
Senator Simmons is trying to ar
range for a trip to Wilmington and
through the sounds of North Caro
lina during the month of April.?
Thomas J. Pence's Letter to the
i News and Observer.
WILLIE WHITLA KIDNAPPED.
Kidnappers Demand Ransom of $10,
' 000, Get it and Return Boy to
ed and Placed in Jail.
The kidnapping of Willie Whitla,
I of Sharon, Pa., has excited much in
| terest throughout the country. The
j boy was in school last Thursday
! when a man called and told the boy
his father wanted him at once. The
; boy went with the man who carried
him to Cleveland, Ohio. For two
or three days all was mystery until
the father, who is a wealthy attor
ney at Sharon, received a communi
cation demanding a ransom of $10,
000. Negotiations were opened up
with the result that the money was
paid over in Cleveland Monday night
and the boy delivered to his anxious
father. Tuesday the kidnappers?a
man and a woman?were caught by
the police. Nearly $10,000 was
found on the person of the woman
who confessed. Wednesday the
boy was taken back to Cleveland to
Identify the prisoners and at onec
declared that the man was the one
who took him from school last week
and that the woman was the one
! who kept him at the East End house
! in Cleveland. The prisoners arc ir
jail Indicted for Blackmail, and ii
is hoped that they will receive the
full penalty of thp law for theii
crime which is one of the meanest
A Chicago man was fined $10 foi
kissing his landlady. It would havt
been cheaper to pay his board bill
. ' ?Toledo Blade.
LEGISLATION FOR JOHNSTON.
The Work of the Recent Legislature
As It Relates to Our Own County
?Many Measures of Local Inter
In last Sunday's News and Obser
' ver there was a general review of
i the work of tho Legislature. From
a careful reading of this review we
find reference to the following leg
islation affecting Johnston County:
A new Board of Education was
1 selected composed of W. 0. Wilson,
j of Wilson's Mills, George F. Wood
ard, of Boon Hill, and J. J. Hose,
of Meadow. According to this new
law Mr. Wilson is appointed for two
years beginning the first Monday In
j July, Mr. Woodard for four years
! and Mr. Rose for six years. Mr. Hose
is a member of the present Board.
An act was passed permitting Sel
ma to vote for u bond issue to pay
off its floating indebtedness, to in
stall electric light and sewerage sys
tems, and otherwise beneficially to
make internal improvements.
An act was passed amending the
charter of the town of Kenly.
An act was passe to amend the
charter of the town of Four Oaks.
An act was passed creating the of
fice of cotton weigher for the town
of Smithfield and Mr. Ed. S. San
ders was appointed for the place.
An act was passed extending the
I corporate limits of the town of Ben
An act was passed to pay the
Hoad Supervisors of Johnston coun
j ty $2.00 per day.
An act was passed creating a
Board of Hoad Commissioners for
.?\n m l was (losBt'u creating a
stock-law territory in the vicinity of
Princeton and defining the bounda
ries of the same.
An act was passed creating a
stock-law territory in portions of
Oneals and other townships in John
j ston county.
An act was passed prohibiting hunt
ing dogs from running at large du
ring the breeding season of birds
j in several counties, Johnston being
: in the list of counties thus affected.
An act was passed repealing Chap
ter 202 Laws of 1907, relating to
fees and commissions of officials of
An act was passed to pay Commis
sioners of Johnston county $3.00 per
day and mileage.
An act was passed to pay John
ston county Jurors $2.00 per day and
An act was passed appointing the
following Justices of the Peace for
this county: Oneals township?J. L.
Jones and J. C. Hood. Wilders?W.
M. Estridge. Beulah?R. H. Alford
An act was passed&o prohibit the
1 dumping of sawdust in streams of
j Johnston county.
DINNER TO COLLEGE GIRLS.
Mrs. E. B. Adams Gives Elaborate
Dinner to a Party of G. F. C.
Greensboro, N. C., Mar. 17.?Mrs.
B. B. Adams, of Four Oaks, John
| ston county, entertained a number
i of young ladies from Greenfcboro Fe
male College at an elaborate 6
j o'clock dinner at the Guilford Hotel
i last evening.
The table was beautifully decorat
ed with enchantress carnations and
long stemmed carnations were giv
en as favors to the guests.
Six courses were served in elegant
This dinner was the culmination of
? several delightful events given du
I ring the week to friends of Miss
i Ruth Adams, a student at G. F. C.,
who is the daughter of Mrs. B. B.
? Adams. The guests on this occasion
' (were, Miss Ruth Adams, of Four
? Oaks; Miss Annie Woodley, of Eliza
beth City; Miss Maye Ayers, of
; | Washington; Miss Lucy Hood, of
' | Smithfield.
1 Commissioner of Agriculture W. A.
Graham announces the appointment
of Dr. William G. Chrisman, of Char
lottsvllle, Va? as State Veterinarian
' of North Carolina to succeed Dr
| Tait Butler. Dr. Chrisman come?
from the puro food dairy commis
r sion of Virginia and is a graduate
s of the Virginia Agricultural Colleg<
. and. of the veterinary school of To
MR. POU FLAYS NEW TARIFF BILL
THE BILL FAVORS NEW ENGLAND
AND STRIKES AT SOUTH.
Most of the Articles in theProduc
tion of Which Southern People
Are Largely Interested Have Sus
tained Liberal Reductions or
Have Been Placed on Free List.
Washington, D. C., Mar. 22.?"The
j Hepublican tariff bill strikes at the
j South and the resources of that sec
tion from beginning to end" is the
coiAmeut of Representative E. W.
j Pou, a member of the Ways aud
I Means committee, who attended all
the tariff hearings and who is thor
oughly conversant with tariff sched
ules, which subject he has made a
"The new tariff bill is not only
sectional, but it favors New England
to the detriment of other sections,"
continued Mr. Pou. "It is a fact
that the articles Southern people
are largely interested in have either
sustained a liberal reduction in duty
or in some instances have been plac
ed on the free list. For instance,
take hides. No man under the sun
can assign any reason why shoes
should not be on the free list if the
duty on hides is removed. This bill
introduced by the Republicans not
only puts hides on the free list, but
leaves a duty of protection on shoes
of front 15 to 25 per cent. There are
thousands of farmers who sell hides
for the manufacture of shoes, and
if anybody on earth is entitled to
protection it is the farmer. This
bill not only removes the small duty,
U'llich inilPnu tn Mm tinnnflt i\t t Iwi
farmer and cattle raiser, but makes
a present of the duty so removed to
the trust protected manufacturers,
which are located mostly in New
England. No sane man will contend
for a moment that the purchaser of
a pair of shoes will get any reduc
tion whatever from this duty. The
cattle raisers in North Carolina and
elsewhere are left open to compete
with the producers of hides in Mexi
co, Canada and Argentine Republic,
while the New England shoe manu
facturer enjoys all the protection he
needs. This action has been taken,
notwithstanding the fact that evi
dence was presented before the
Ways and Means committee showing
that shoes can be manufactured
more cheaply in the United States
than in any other country in the
"The duty on sawed lumber is cut
in half, but the duty on the higher
grades of manufactured lumber is
left at from 35 to 45 per cent. This
is another discrimination against the
The Duty on Mica.
"Then there is mica. We have
all heard the Republican voters in
North Carolina talk excitedly about
mica. A material reduction Is made
in the duty on the product. The
Republican party has claimed great
credit for building up this industry
in North Carolina. Testimony was
given before the Ways and Means
committee that there are 49 mica
mines in the United States, of which
28 are located In North Carolina. In
1907 fourteen of these mines were
idle, and the evidence before the
Ways and Means committee was
that competition from abroad was
so great that these fourteen mica
mines were forced to close down
because they could make no profit.
L<et us hope that the people in North
Carolina interested in this industry
will consider the great.regard the
Republican party has maintained to
"Peanut growers in Virginia and
North Carolina plead earnestly for
a little protection against the Span
' Ish and Japanese peanuts. The Re
' publican majority has turned a deaf
ear to the pleas of these farmers.
Likewise the long staple cotton
1 growers of South Carolina, Georgia
and Florida made a plea for the
raising of some revenue upon the
300,000 bales of long staple Egyptian
' cotton imported In this country.
Their claims were turned down cold.'
"The great staple articles which
Iron and steel manufacturers use in
huge quantities are either put or
; the free list or are very nearly put
there. For instance, the steel manu
fhcturer gets his iron ore free, coa
free, and his lumber very nearlj
free, but the committee was carefu
not reduce the duty on manufac
tured steel to anywhere near the
competing point. The duty on inanu
fac..Jp'd steel products Is practical
ly irohlbitlve. The net result of
thia legislation is the giving of boun
ty to the steel manufacturer for
the consumer. One need expect no
benefit whatever when a purchase
is made of steel manufactured arti
"If this bill becomes law every
person In the United States who
hereafter drinks a cup of tea will
lie compelled to contribute to make
up the deficiency caused by Repub
lican extravagance and wastefulness.
I believe in a tariff for revenue. I
believe iu imposing duties that the
farmer and the cattle raiser will prof
it by as much if not more than the
i trust protected manufacturers of
| New England."?News and Observed
Death in Bentonsville.
Last Saturday Mr. E. W. Marler
died of heart dropsy at his home in
Bentonsvllle township after about
four weeks illness. He was nearly
elghty-threo years old. He came to
this county with the Northern army
about the close of the Civil War.
Soon after this he was married to a
Miss Barbour and has lived in the
southern part of the county since
that time. A few years ago he
bought a farm near Mr. P. T. George
where he lived until his death. He
led the quiet peaceable life of a
good citizen. He realized that his
end had come and expressed him
self as ready arid willing to go. The
burial took place last Sunday after
noon at Hood's Grove Baptist church
his being the second grave made
there. The funeral was preached by
nev. j. iy. noyie, 01 wane roresc
College, who preached at Hood's
Grove church that day. Considering
the bad weather there was a large
crowd at the funeral and burial. He
leaves several ot his family among
who are Messrs John K. Marler, of
Ingrams township, J. E. Marler, liv
ing near Smithfleld, Sam Marler, of
Rocky Mount and 13. W. Marler, Jr.,
of Bentonsvi41e township. We ex
tend sympathy to the bereaved.
Girl Whipped Young Man.
Only about six miles from Smith
field lives a young man who took a
bad whipping Saturday evening, Mar.
13th. His habits caused him to get
it. It is said that on the last Satur
day night in December he took a
bath and changed his clothes and
that from then for two months and
a half no change whatever was
made in his raiment. Toward the
last his clothes began to look slick
and oily and did not smell like a
cologne bottle. His rule was to get
drunk every opportunity and by or
dering liquor with others he manag
ed to get drunk at least once a
week. Saturday night and Sunday
were sure to find him drunk. He
owns a bottle which he fills from the
jug to carry around with him. But
when he gets to drinking he will
not stay at hohie, but wants to be
all the time going around in the
neighborhood. There is one certain
place where he has spent too much
time. The family were greatly wor
ried at his staying there and hardly
knew what course to pursue to get
clear of him. To tell him to stay
away amounted to nothing. In the
family there lives a sister of the
man's wife. She is about twenty
years old, strong and healthy. She
decided on a plan to get the young
man to stay away. When he came
Saturday evening, March 13th, she
told him to leave and when he failed
to obey she took a large peach tree
switch and began to whip him. She
whipped him all over the yard and
ran him around the house a time
or two and whipped him as they
went. After a while she decided
the switch was not quite what she
needed and took a large lash and
finished with it. She ran him down
. the lane toward his home for some
distance and whipped him. She cut
the blood from him as she whipped
him. The report Is that he has not
visited there any more and that he
1 i has bathed and changed his clothes
i one more time. The affair seems
i to be the talk of the neighborhood.
Mr. Roosevelt will go down in his
? tory, among other distinctions, says
I the Boston Transcript, as the only
President whoso name the American
1 people sever learned to pronounce.
? O as in rose is proper.