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The Elm eity vor- II. ELM CITY, N. C., OCTOBEB 3, 1902. NO. 8. EiillE ZOLA DIES. fsniciis I Novelist Asphyxiated in Kis Room P,AS NO SISPICION OF SlICIDE >o-onous (jpsses From the Author’s 5tcve L’.d the Deadly Work — His V> iiV Was Alade Unconscious. Pari?. ”>■ Cable—Emile Zola, the , ;io gained additional promi- vc tnt years because of his i". •l:isc ci ii’.e Jews and of former Cap- V ■ ricy*i;s. v.as found dead in his 1'T-iij.;.'.' morning. Asphyx- l-lioa rc^ '--‘ o -I'om gjs from a stove is given as the cause c" 'v Zf::i retired at 10 ciiocu Mo:' night. Madame Zola Ti-s ill when the room was }K.--cn iuio this n.oining. At about bo' ;i removed to a private hos- p.>,j \v';u:o f 'le re covered .conscious- r=rf3i' a f'.A'rt time and was able t.ieCy to v:v; ’.sia to a raagistrate what S-iid.Mme. Zola re- tariieJ u from their country hjuse at :^Ic Ian. Owing to a sudden spcli cf cola weather the heating stove In tbcii' bc.hcora was ordered to be lightt’i The stove burned badly and the pipes c- the stove are said to have ik'fn cut of order. To the magistrate Jlnio. 2o';a explained that she awoke f.-'rly this nioruing with a splitting liP.-’iiacfce. c> awakened her husband anl as;;ed him to open a window. She saw hia ris? and attempt to move to ward a window, but he staggered and fr”; to t'.’.o floor unconscious. Mme. . iaiuifd at the same moment and ihercforo. unable to give the ,,;: m Mir.e. Zola docs not yet know c.: her I' . slrind’s death, and it is feared niay ': ;rcr a relapse when inform- r! ci‘ i: is thought tonight, how- i'.Tv. i\ . ?he will recover. The ( u’l of M. Zola, which only be came ? orally known late Monday aftrrno cr.-usrd a great sensation in P.irls t'::;e was a constant'stream p: e?';! :.- si the Z.ola residence. Mr. Zoia's ■; iy lies upon a divan in the otnter o.' the spacious drawing room 0£ his hcmt^ under a canopy of rare and an.'cnt hanging. The body is cov ered w;':- a sheet and electric lamps tlirov,- ■■■’ ir vivid I'ght upon the wax- liiie foatures of the dead. The servants of the Zola household, net bcarin? any movement in their mastci's apaiiiaent this morning, en tered t’.'.? l; -diopm at half past & o’clock Rad fc;;n:l M. Zola lying with his head and shr. ! Icrs on the floor and hi,s legs on tho :: 1. D :ors wore summoned but they Jail.:’. :o reasuscitate him. rime. Zcia wa^ rr.conscious, but after r:-'j!or.r ; t-ffom cn the part of the lihysic;. .'s =ho phoweci signs of life, but it was '.n’e time before she became north CAIOUNACMPS. Gathering Progresslns Rapidly—Coo- dltioDs Have Been Favorable. Ttfe past week has been a decidedly favorable one in almost every re- spect; outdoor work was advanced rapidly early in the week, and bene ficial rains the latter portion caused much improvement in the condition of late crops. The temperature was con tinuously above normal during the week, tH6 ;nean averaging nearly 7 degrees, daily /in excess; the last few days especially were very warm. Pine rains occurred on the 25th and 26th which appear to have been nearly general over the State, but were heaviest in the~ central, east portion. The rainfall was very beneficial to turnips, late Irish potatoes, and pas tures. and was generally sufficient to place soil in good condition for plow ing, though for the latter purpose more rain would not be harmful Picking cotton has progressed quite rapidly under favorable conditions; practically about three-fourths of the open cotton has been picked out; the warm.weather has caused very rapid opening of the remaining bolls and a few correspondents state that much of the cotton just opening ^alls out badly. In some localities tlie yield of cotton is better than anticipated, but as a whole previous reports of a short crop seem amply justified. Gathering old corn is underway; late bottom land corn is about matured, and will give a fine yield. Fodder has all been placed in shock. The cutting of tobacco in northerji counties where much remains in the fields is being pushed, and the crop continues t» cure well. Turnips are doing nicely. The crop of peas is short, but a fine yield of hay is being cut and cured under favorable conditions. Rice is about all out on the lower Cape Fear river and is an exceptionally fine crop. Fall plowing, and sowing winter wheat and oats are under way; some oats have come up nicely. Diamonds Foundibt Orernsboro. The Greensboro correspondent of the Charlotte Observer says: Mr. Charles Tate has begun the development of a mineral spring of rare medicinal quali-' ties located at the terminus of the car line on Asheboro street, and near this place Mr. Roger Scarboro discovered what he thinks is a diamond deposit, bringing to the city about a quart of very suspicious looking quartz. The chemist who is at work on it cannot be found, as he is hid somewhere to prevent being disturbed by excited and eager inquisitors. If it is diamonds, there will be a flash of news from Greensboro pretty soon that will burn the wires, startle Kimberley and make the gold-brick road-builders green with envy, for the alleged diamonds came from near the scene of the gold- brick battle-field. With a talc mine on one of the principal stt«ets, all healing mineral waters spouting from another, pure gold on its northern and spark ling diamonds on its southern extremi* ty, Greensboro will truly h >,ve a splen did prestige, and if they should all prove true, which it really now seems probable there will be a boom here whose reverberations will reach nearly to the battlements of heaven. Erutal Assault. Lincolnton, Special.—^Late Satur day evening a negro, afterwards iden tified as Calvin Elliott, apparently about 20 years old, entered the resi dence of Caleb Brown, a white man, about-three miles southeast of Lin- colnton, and knocked Brown and his wife down but did not seriously injure either. He t^Jd them if they made a noise he would kill them and proceed ed to drag Mrs. Brown Into a back room, although she continued to scream, for which she received a lick under the right eye and was choked and bitten on the right lip, ^here blue spots still can be seen. The brute, hearing help coming, escaped through a barred door, the only one in the house, having come in at the window. He left the woman in a precarious condition. She is a very delicate look ing woman, with a child about 3 1-2 weeks old. MR. WILUAMS TALKS Presideat of Seaboard Air Lioei ls> sues Statement. CONCERNING MORGAN’S MERGER. nr. Williams Says the Seaboard Has ■ All the Business It Can Handle and Will Not Be Effected. It Whs ;eporte:l here during the day that th; were cviilences of suicide in the degch of :I. Zola. Nothing has so far df^ eloped to substantiate this theory rnd the statement made by Mme. Z /ia tu the magistrate seems to disprove it. M. Zola retired with a good appetite and the servants of the house hold ate o£ the dishes. No un usual Ecunrl w?s heard from the bed- rcoiQ dv.ring the night. Two little dogs helonging to the Zolas passed the night in their master's bedroom. They were alive t! :s morning. It is believed they owe thfir lives to the fact that one slepc on the bed and the other on a chair, thus escaping the heavy car- ccaic f which settled near the floor. A dr. .^aist, who was the first to ar rive at the house to attend M. Z-ola and wife said: “When I entered the bedrocra. il. Zola was lying on the floor. special odor likely to cause a3phy:v:;.iion wa.s noticeable. M. and iliEc. Lf.sa did not present conclusive sympto.'.is of asphyxiation. The faces V'Ei'e tcntorted and their lips were bloodif-; - but not violently colored. I think the accient was probably caused hy the Zola’s inhaling heavy corbonic gas whi. k lay mainly below the level 0" the high bed. This would account for Zola’s escape. They were not suft’ooated on the bed. Mr. Zola was S'vakened by the effects of the gas and tried to rise, but he was seized with vomiting, and fainting, fell to the-floor, Where he was suffocated. Mme. Zola was also overcome by the gas, but to a less degree than her iiusband.” The (ommissary of police was sum- jnonori to the Zola residence and said in his report to the prefect of Paris: 'The heating stove was not lighted and there wss no odor of gas. It is believed thi»t M. Zola’s death was due to acci- ntal poisoning by drugs. Two little ^ found in the bedroom are alive.” In a sei-ond report the commissary of Pdioe endorsed the medical opinion ''’•at M. Zola’s death v/as accidental 33d d’jc to asphyxiation. Two Firemen Scslded to Death. Roanoke, Va„ Special.—Two men Were killed and another was serious ly injured in a freight w'reck on the ^’orfcik & Western Railway at Alle ghany Tank, 30 miles west of Roanoke Mouriay. The dead: S. D. Jarrett, fireman. Bristol, Tenn.; J. C. Perling, fireman. Roanoke, injured: T. F. Keis- tc-!’, engineer, Roanoke, Va. There was • oal train standing in the block at Ali-:ghan y and, it is alleged, the tele graph opirator at Houchins misread a train order, and let another coal train go in. and a rear end collision resulted. The engine of the second train wan overturned and the caboose snd six "battltship.” box cars of the first train were reduced to kindling Wood. Hremen Jarrett and Perling were caught under the overturned en- Kme and scalded to death by steam. Severe Earthquake. rPvistoTi hv ^^Mobile. Ala.. Special.-The steamert advocacy of tariff . Managua, which has arrived "here from Centra! American ports, reports seri ous pnrtiinuakes on September 23, ex- un:-- from Puerto B.irrios to Santo ioraas. (iiiatemala, and from Little t-J Belize. British Honduras. The t°d three minutes and were uiiiut, .oils all along the coast. From .T.ovtiuent it' is believed \ ' :ty wf=s in the centre of I , ... ... ' 1-' :sn.;e. The v,ires are dov.n 1 The President signed the order for j fusing to obey orders in closing rengi- ' cea ".uatep-iala City and the co®st. 1 the taking of a Philippine census. oua schools. Death of Gen. Carter. ■Washington, Special.—Acting Adju tant General Carter is informed that Lieutenant Colonel L. G. Forsyth, re tired, died at the Sweet Chalybeate Springs, Va., after a long illness. Col onel Forsyth was born in Michigan and was appointed to the army from the District of Columbia. Strange Accident. Newbern, Special.—Bert Stanly, a young colored man met with a peculiar accident Saturday afternoon. He was riding on the handle bars of a bicycle which was propelled by another man. They met a dray to which a cow was fastened. In passing between the wagon and the cow Stanley became confused and fearing an accident jump ed from the bicycle and landed square ly on his stomach on the wheel of the dray. He was put in a transfer and taken to a physician’s office, where it was found that he was severely injw- ed, his bladder being ruptured. He bled profusely. He lingered in terrible agony until his death, which occurred Sunday morning. Eugene M. Foss as a candidate for Con gress caused other Massachusetts Re publicans to follow his lead. It is said that the absorption of the Anglo-American Company by Swift & Co., will be completed October 1, the consideration being given as $5,000,000. Several important changes in the dip lomatic service abroad were announced New^York, Special.—^President John Skelten Williams of the Seaboard Air Line railway in response to inquiries as to the effect which the proposed purcharse of the Louisville and Nasb- vill railroad by the Atlantic Coast Line would have on the Southern rail way situation and especially on the Seaboard Air Line, said: “Whether the purchase of a control ling interest in the Louisville and Nashville by the Atslantic Coast Line will prove a profitable and valuable acquisiton, or whether it will prove un fortunate for both, will depend entirely upon the new owners. If the lines of the Nashville are held open for the inter change of business on a fair and recip rocal basis with all connections, with out unfriendly discriminations, the union of these two important systems may be made advantageous to botb, but if an attempt is made to interfere with the free interchange of business between the Louisville and Nashville and its present connectfons, such a policy will be followed in due course by the construction of new railroads into the Louisville and-Nashville ter- rtory and the building of such addi- iionai mileage throughout the South. Sucti additional mileage can undoubt edly be built for less than one-half the cost per mile of the Louisville and Nashville, figuring on 'the basis which ;t is stated has been paid for its stocks. I essume, however, that the friendly n>lations which have heretofore exis ted between the Louisville and Nash ville railroad and its several conne^:- lions wil not be Interrupted. It is cer tainly the desire of the Seaboard Air Uue to maintain cordial lelations with both allies and competitors. I do not know what arrangements were made on behalf of the Southern rail way with the owners of the Atlantic Coast Line in connection witli the ie of the Louisville and Nashville to e Coast Line; nor do I know jirhether there if any truth in the report which has reached me to the effect that a secret offensive and defensive alliance has been entered into between the Southern railway and the Atlantic Coast Line covering a period of years. “It is certain, however, tha*; nothing has ben done and nothing will be done which will affect adversely the earn ings and business of I he Se:iboard Air Line system. The lines of this system now lamify teven Southetn States, ex tending from Baltimore in the North to the Souhtrn limits of Florida in the South and to Montgomery and Bir mingham, Ala., in the fcouthwost. The business of the system at the present time is limited only by its capacity to move the freight which is offerr^ii to :1 and these conditions will net be inter fered with by any action of connecting lines.” Surprised at Williams. New York, Special.—A membe*- of the film of J. P. Morgan & Company expressed surprised at the tone of Mr. Williams’ statement with regard to the p-'.iitude of the Seaboard Air Line l!i the matter of L. & N. and Atlantic o jaat Line negotiations. No action of course hostile to the Seaboanl Air Line was contemplated, ho cpifi though the £>al:oard was not considorei a fact jr in Tht' present nee:ti» ’oca. Furtlier than this, however, the firm of Morgan & Company was not prepared now to make any statement in the matter. The member of the firm interviewed said he was unable to find any expla nation at the time of Mr. Williams’ at titude. Died at the Stake. Corinth. Miss.. Special.—Writhing in the flames of fagots piled high by hun dreds of citizens, Tom Clark, alias Will Gibson, a young negro, was burned at the stake here at a late hour Sunday. Clark had confessed to one of the most atrocious assaults and murders in the history of Mississippi, and said that he deserved his awful fate. On August 19th last Mrs. Carrie Whitfield, the wife of a well-known .citizen, was found dead in her home. Investigation show ed that the lady had been assaulted. Her head was practically severed from her body. Both Whitfield and his wife were related to several of the most prominent families in the South and the indignation of the people knew no bounds. STRIKE TALK AT WHITE HOUSE. President and Cabinet Review Coal Famine Situation. Washington, Special.—The Rresl- dent Tuesday took initiative steps to ascertain what, if anything, could be done by Federal authorities to settle the coal strike. The result was a rather general expression of opinion by the advisers of the President to the effect that the Federal laws and con stitution did not afford means of Fed eral interference to end the strike, but another conference will be held and the President will do all he can to properly and legally bring about a settlement. At the temporary White House a conference was held with three cabi net officers. Attorney General Knox, Secretary Moody and ^':l8tmaster Gen eral Payne. Governor !rane, of Mas sachusetts, was also .present. These gentlemen met with Pi'esident Roose velt first and after the subject had been considered for some time, they adjourned to another room and con ferred together for an hour. They all returned later in the day and held another conference with the Presi dent and the strike situation was dis cussed further. President Roosevelt is deeply con cerned over the situation. The ap proach of winter, with a coal famine imminent and the distress and suffer ing that must ensue unless coal be comes available, presents a situation which he thinks should receive the at tention of the administration if there is anything that can be done by the government. Many appeals have been made to him and many suggestions have been received by him and it was with a view to ascertaining what po^er the Federal authority could evoke that cau'-ed the conferehce to be held. During, the conference every phaze of the situation was discussed. The general opinion of the advisers of the President was that the situation did not present a case in which there could be Federal interference by any warrant of l.iw. There has been no in terference with Federal authority in the mining region either by stoppage of the mails or resistance of United States Court process. It was pointed out that there was no occasion for the use of Federal troops, as Governor Stone, of Pennsylvania, had not called on the government for assistance, nor had he even exhausted the resources of the State by calling out the full strength of the State militia. The question of the right to seek appoint ment of receivers for the miners in order that they might be operated was discussed, but neither in the constitu tion nor in any known law could any legal warrant be found for such ac tion though the discussion on such lines went so far as the consideration cf how the properties could be re-' linquished and control surrendered af ter the objcct of supp!y!njf coal iJSid been accomplished, assuming the Fed eral government could intervene through receivers. The tenor of the whole discussion was to the' effect that there was a lack of power in the Federal administration to take any action at the present stage of the strike, although the seriousness of the coal famine now and the much greater evils soon to follow were con sidered at length and with the wish to discover some method of ending the industrial deadlock. Governor Crane’s presence natur ally brought into prominence the pro ceedings begun in the Massachusetts courts to secure the appointment of receivers for the coal properties, but the opinion was expressed that the situation could not be met success fully by this method. FAMOUS GOULD TRIAL Woman nurdered. Mobile, Ala., Special.—While defend ing her fifteen-year-old niece, Helen Robertson, from an attempted criminal a^ult, Mrs. Helen Dickson, who lives in a suburb south of this city, was murdered in her home early Sunday by some unknown assailant. Miss Rob ertson, Miss Dickson Md a three-year- old son of Mrs.. Dickson were in the room when the murder wos committed, Mrs. Dickson’s niece was aroused by some unknown person who had enter ed the room and who attempted to as sault her. Her cries for help aroused Mrs. Dickson, who was sleeping by her, and in the struggle that followed Mrs. Dickson was chojied to death. There is no clue to the murderer. Cotton injured Cy Raia W'ashington, Special.—The Weather Bureau’s weekly summary of crop con ditions says: Reports of injury from rain to open cotton are very general throughout the belt, with the exception cf the Carolinas and portions of Texas, and^ sprouting and rotting in bolls are largely reported, especially in the cen tral districts. Picking, though much interrupted, is well advanced and Is nearing completion in some districts. I^te cotton in central and norehern Texas is making rapid growth, but will not mature unless frosts are unusual ly late, and under these conditions a light top crop may also be gathered in Alabama. A fine crop of Sea Island cotton is promised in South Carolina. Late tobacco has been materially im proved. Cloudy and rainy weather, which has been very general through out the week, has been very unfavor able for curing. News in Brief. ^ From 100 to 400 persons are believed to have been killed by a cyclone in Cicily. Pietro Mascagni, the noted musician, will sail from Cherbourg for New York today. Turkish troops hav> been sent into the interioi of Macedonia. Commanffant Leroy Laduric was dis missed from the French Army for rc- Tried to Kill Himself. New York, Special.—In financial dif ficulty, as a result of the coal strike, Henry C. Scheel, a coal merchant of this city, tried to kill himself by shoot ing. The doctors say there is little hope for him. Mr. Scheel is 45 years old. He lives with his wife and three children in a handsome residence and has been generally thought to be pros perous. A relative of Mr. Scheel said ‘he had, a large sum of money—^about $200,000—tied up in litigation and that his business was his source of revenue. The disturbance in the coal market had affected Ifis business seriously, causing him to become despondent. Stage Coach Robbed._ Middletown, N. Y., Special.—The stage coavh “Pioneer,” which makes daily trips between 'Warwidk and Gosi^eii, was'held up and robbed by three masked horsemen late Tuesday afternoon. While two of the highway men covered the driver with revolvers, the third, with many threats, compell ed the passeageis to give up all their money and valuables, After the rob bery had been completed, the robbers sgurred up tiieir horses and escaped. Receiver For Georgia Bank. Macon. Ga., Special.—A Bamesville special to The Telegraph says that a temporariy receiver has been appoint ed ior the People’s Bank, successor to the Bamesville Savings Bank, which failed a few months ago. The action o fihe court is due to a proceeding un dertaken by the United States Fideli ty and Guarantee Company on account of a deposit of ?3,S00 made by the tax The State’s Attorney Asked That Sttlf Be Stopped. Wadeaboro. Special.—The matter of identity of the prisoner supposed to be Dan Gould, which was heard at Troy last week, came to an abrupt close Saturday at noon, when Solicitor Hammer, in a brief Speech asked the judge to instruct the jury* to answer the issue “no.” 'This action was taken after a consultation with the State’s witnesses and was concurred in by Mr. Caudle, who assisted the prosecuting attorney for the State and at the in- stfince of Mr. Carpenter a brother of the murdered man. It was not a sur prise to any one who heard the testi mony of the defendant’s witnesses., who consumed the Whole of yesterday and part of today. ^ The most important witnesses for the defense were: J. H. Parker the witness mentioned in my last report, who testified that be had known the prisoner from his birth and that he was a house boy in his home until 1884 or ’85. (The murder was committed in December, 1881). W. H. Ambros, of Sumter, S. C.. who was raised in Per quimans county, testified that he and the prisoner were boys together; that Tom Maddrey. the prisoner, attended school at the same time he did, and had to pass the whit^ school every day; that he knew him, the prisoner, from 1876 to 1892. He. as did Mr. Par ker. tf?ilfied as to rlie scan on th» rrlsoLer’s body and explain:.*'! ho?? they came on him; Harrison Maddrcy, a half-brother of Tom Maddrey. testi fied as to where he and his brother were raised and positively identified him; Mr. W. P. Sears, of Wilmington, had known the prisoner from 1885 un til the time of his taking home to Georgetown, S. C., in 1899. He also positively identified him as Tom Mad drey; H. M. Woodard testified as to many things that the prisoner describ ed to him, which, if he had been Qther than Tom Maddrey, he could not have known. Mr. Woodard has been a resi dent of Perquimans county for 25 years. Mr. George R. Batbman, of Harvey’s Neck, Perquimans county, said that he knew tiie Maddrey family, that the prisoner was Tom Maddrey. and that his mother was old Mahaley Maddrey. He testified that when he went to the jail he plied the prisoner with question after question and that his answers were Invariably correct. He asked him about a road leading from Mr. Parker’s residence to Hert- ofrd, and says that Tom described it perfectly as it was 12 or 15 years ago, that the road was - now changed and the old road entirely obliterated and that no oae b&-t people who lived in that s^Ion prior to the disuse of this road vs'QiKd ev3r know of its existence.^ Besides these white witnesses whose' character was sustained by affidavits from prominent men of their homes, many negroes testified in person and by deposition to the identity of Tom Maddrey, and a large number of men from this county, both white and black, positively testified that-It was not Dan Gould. The State had a remarkably strong case, but at this juncture, it announ ced the intention of not further prose cuting the matter. Mr. Caudle asked to make a statement to the court and jury, in which he said that he b&d been exceedingly perplexed over the case, tnat the prisoner was a perfect double of Dan Gould, but that he nor- his client. Mr. Carpenter, wished to convict an innocent man, and inas much as the evidence for the defense was such as to at least create a doubt, he would ask the court to charge the jury to bring in a verdict of non-iden tity. He further stated that the man who had testified anti oaid that the prisoner was Dan (Jould, were of An son's Richmond’s and Montgomery's best cttizens, and while h3 did not say they were mistaken, that they may be mistaken. Mr. McLendon, who with such as tuteness and professianal ability, con- ductd the case for the defense, askeJ the court’s permission to make a state ment, in which he said in part: “I became connected with this case in a rather peculiar way. I had been up in the jail in Wadesboro to see a client and upon leaving was accosted by this man at the bar, who said that he want ed me to take bis case. I listened to his story with reluctance, because 1 felt that he was Dan Gould, anl I did not wish to interfese with the course of law. His story fascinated me. I called two or three times to see him and questioned and cross-examined him. I set traps for him to fall in, but he was not once caught. I began to investigate and wrote to the parties he referred me to, all cf whom an swered Immediately and corroborated his statement. I then went to Berkley and took many depositions which have been introduced in this case, all of which corroborated the statements of my witnesses and this man. Fifty or more white and black people were ready to testify in his behalf, but time was ipB.ufficient_and _I_ deemed it un- recessary. When Mr. Sears and Mr. Ambros came to Wadesboro to see the prisoner, I was only aware of Mr. Sears’ coming and went to the station Ir. a single buggy to meet him, but Lc was accompanied by Mr. Ambro?, who wes In Wilmington anl consente;! to come after I had been notifiel of Mr. UeaiK’ coming. Wi went to my office and SkboutlO o’clock I tooK the gentle- aen to the jail. I led the way with a lantern. When we reached the i—s Tom was iu the fartherest-off corner, cslecp. I called him and told him to comb out some ono wanted to see him. I held the lantera So that Ihe light wou'd shine in Tom’s face and the gentlemen would b * in the darK, I thon turned th( lantern throwing sb-J light in the faces of th» two men and Tom rushed up, thurr/., cut his hand a»J; paid. ‘Howdy do, Mr. Sears, how is ml l*:*other, Morriaor.” Then he turnc-1 and saw Mr. Ambros, and extended otit We hand to him, s'lying, ‘Howdy do. Mr. Ainbroe ’ It was all I could d«j lo keep back the tears, for the.i I know the prisoner was tot Dan GouM ‘ITie solicitor ana his as:j0''iai2 at- Icrney have acted nobly, and 1 sir.c-fcr i iy boMeve th.it jury woull have re turned the same verdict. I. want to bear testimony to the character of tne men who have come from Anson to testify for the"State. I know them all they are as gpod men as ever trod iht negroes who have testified, are of the county's b^t.” “This la a most striking case, there being none like it in the annala of jurisprudence, save one in the English courts, which dates back about 300 years ago.” Dnring these remarks the audience, which was a house full, were as silent as a tomb, and the force and concise- nsss of his speech brought many tears to eyes under both gray and black Judge Neal, after speaking of the re markableness of the case and the spirit of faimee that prevailed on both sides, submitted the issue to the jury, with the charge .to answer it no. GETS A NEW TRIAL. Siprene Court Haods Down Opinioa ia Wikox Case. * MONTGOMERY WRITES OPINION. Justice Clark Writes a Concurrent Opinion—Disturbances at Trial In Elizabeth City Sufficient Grounds. SOMETHING FOR THE •V^LL-HOMC PRINTS” TO DIGEST. (From Homervllle, Ga.. Journal.) In these days of rapid strides of ad vancement in every line of industry, it is simply foolishness for the publish er outside of large cities to try to print his paper all at home, as his fore fathers used to do. when no other way was open to them. The principal and legitimate field of the country weekly is first its town, county and State, and then the outside world. It is now possible for the country publisher to secure in some of the large cities paper partly printed, which contains the news of the day from all over .the world, as well as the State news of his own State. Owing to superior facilities and machinery, this central office can supply these partly printed sheets made up of the very latest and up-to-date matter, in cluding telegraphic news of all import ant events, illustrated articles on topics which are engaging the world’s attention, popular sermons and letters, and in fact every attraction that Is calculated to make the couiftry pub lisher a strong competitor of the city paper which becomes his opponent to an extent when it reaches out to the country towns for subscribers. This ready-printed paper, while It does all the above, also gives the pub-- lisher more time to attend to other matters from which money can be made, and to neglect which causes a loss. We refer, for Instance, to job printing, collection of bills, securing new subscribers and advertisers, and a number of other important and prof itable occupations. Any publisher who advertises that he prints his paper all at home is mak ing a very shallow boast. If he really does so, since he cannot give his read ers nearly as good service as other wise. If he is making the claim while using plates to fill out with, he is misrepresenting the facts, because the setting up of the type to make the plates which he uses is a part of the printing of his paper, and the matter is edited, set in type and stereotyped away from home. There are few, if any, country week lies in this State, or any other State, which do not use either ready-prints or plates—consequently the really all home-print paper is out of date—al most obsolete—a thing of the past— and surely nothing to boast of! Over ten thousand publications in the United States are at present being partly printed away from home, and we are pleased to say that ours is one of this number. We have found the plan a material help in many ways. Our work is half done for us every week when we receive our paper; and the rapid growth of our subscription list and our adveriising columns since we adopted it form the best proof of Its popularity with both readers and advertisers. Advice From Rome, Rome, by Cable.—A papal bull issued today on the subject of religious af fairs in the Philippines concludes’’with inviting all the clergy to use their best endeavors to bring about the re-estab- llshment of peace and order, helping with their infieuence the authorities working to the same end. The docu ment at the same time exhorts the clergy to hold albof from politics and to devote their attention to religion and to promoting by every means the welfare of the no^xile i*-»d«>*' tb* regime. 500 Japanese Drowned. Yokohoma, Japan, Special.—During typhoon a tidal wave swept the Odawara district, near here, and over whelmed many houses. Flv.^ hundred persons are reported to have been drowned. The Japanese battleship Shikishima is ashore at Yokohoma, 15 miles from Yokohoma. It is expectel that she will be refloated with slight damage. Several steamers were driven ashore here. Some of them liave been refloated. It is feared that there have been many fatalities among the fish ermen. Street Car Strike Still Holds. New Orleans, Special.—Tuesday’s conditions of the strike of the em ployes of the New Orleans Railway Company, inaugurated Sunday, as con sidered by the peace authorities, were satisfactory. No difficulties qgjurred, being due, it is believed, tf^e fact that no effort was made to move any cars other than those carrying the mails. Several mall cars delivered mail to the sub-stations without diffi culty in the quarter below Canal street. On the lines receiving power from the Arabella barn, nothing could be done i?ith mail cars on account of trouble or the wires. Roman Philosopher’s Words. You will do the greatest service to the state If you shall raise, not the roofs of the houses, but the sonls of the citizens; for it is better that great souls should dwell In smaU houses collector of the county for whom the | g^>jj adjacent counties, zni tlie company stood bOQd. Raleigh, N. C., Special—The Supreme Court 'Tuesday gave Jas. Wilcox, con victed of the murder of Nellie Cropsey, at Elizabeth City, a new trial. The opinion in the case is written by Jus tice Montgomery. There is a concur ring opinion by Justice Clark. The leading opinions in fnll iollow: No person ought to be taken or Ais- Bcized of his household liberties or privileges or outlawed or exiled or in any manner deprived of his life, lib erty or property but by the law of tho land. And that provision of our State constitution "applies as well to proce dure and manner of trial in our. courts of justice as to principles of law which underline our society. Under law all persons charged with crime are as much entitled to a fair and unpreju diced trial as they are to the protec tion of their persons, their property or their reputation. They have a right under the same constitution to have counsel for defense, and any willful in terruption of such counsM while con ducting such defense, intended to dis concert and embarrass, is' not only un lawful as obstructing and preventing a fair trial, but is’ deserving of the con demnation of all good citizens. In this case the prisoner was ar raigned for murder and was convicted of that crime in the first degree. The evidence wos entirely circumstantial, and while that character of evidence may. In its very nature, produce a high degree of moral certainty in its appli cation. yet it is never to be forgotten that it requires the greatest degree of caution and vigilaitfe in^its applica tion. In reading the records in this case, it hardly seems possible that the jury could have given that cautious and vigilant attention to the evidence which the law requires of them, or to a presentation of the prisoner’s case to them by his counsel that thought which the importance of the case de manded. In their immediate presence, 100 persons in their deliberate purpose to prejudice the rights of the prisoner, committed a great wrong against the Commonwealth, and contempt of court. On the outside of the courc house great improperties took place for the purpose of prejudicing the pris oner with the jury. No such demon strations were ever witnessed in our State before, and for the honor of the Commonwealth, such ought not to be repeated. In the statement or the case by his honor, he said': “After the evidence was all in. and while one of the coun sel was making the closing argument for the prisoner, about 100 people being about one-fourth of those pres ent in the court room, as if by concert, left the room. Soon thereafter, while the same counsel was addressing the jury, the fire alarm was given near the court house, which caused a number of other persons to leave the court room. The court is of the opinion, and so finds the fact, that these demonstra tions were made for the purpose of breaking the force of the counsel’s ar gument. But the court does not find that the jury were influenced thereby. There is no motion made by the pris oner to set the verdict aside in conse- ' quence of said conduct.” SufHcient excuse was made here by counsel for the prisoner for failure to make a motion for a new trial in tho court below to justify the Attorney General in consenting to the agreement to consider the motion as having been entered at the proper time, which he did. In such a case as this it is not indispensable that the finding by his honor that the jury had been uninflu enced by the conduct of the offend ers should have been made. The dis orderly proceedings assumed such pro portions as to warrant this court in de claring that the trial was not conduct ed according to law. The propriety 0/ our ruling is strengthened by the cir cumstances that contempt proceedings were not commenced against those of fending, and that no motion was mad'j to set the verdict aside and dor d new trial after such unheard-of demonstra tions. Counsel for the prisoner, in hi.i argument here, in response to a ques tion, stated that if the verdict had been set aside the prisoner would have met a violent death on the instant. The prisoner must not only be tried 'according to the forms of law, these forms being included in the expression “law of the land,” but his trial must be unattended by such influences and such demonstrations of lawlessness and intimidation as were present on the former occasion. Court must stand for civilization, for proper administra tion of law is orderly proceedings. There must be a new trial in this case. The following is Judge Clark’s con currence of opinion; “The judge having found as fact that the demonstration within an:l without the court room were made for the purpose of breaking the force of counsel’s argument, the magnitude and nature of those demonstrations were such as to require a new trial. The ad ministration of justice must not only be fair and unbiased, but it must bo abvii any just suspicion of any influence savi that eredit which the jury shall give to the evidence before them. It is of vital Importance lo the public m-e - fare that decisions of courts of j’.JBtlie shall command rpspet f. but this wi!l Ijh impossible cf thrrc is grona i lo b?!io*-e rather than for mean slaves to Uirk !.,that extrangous inflvrncc, oi any kind I whatever, has b In great houses.—Bpictetq*. whatever, has been broujljt 10 bear.”
Elm City Elevator (Elm City, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Oct. 3, 1902, edition 1
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