Thaw Not Responsible When
J ; He Killed Wht5 -
SENT TO AN INSANE ASYLUM
Justice Dowling Declines to Release
Prisoner, But Commits Him to tht
Matteawan Asylum For tho Crimin
New York, "Special. Adjudged n'ol
guilty - of the- - murder-. ,o Stanford
White by 'reason -of insanity at. the
time the fatal shots were fired. Ham
Kendall Thaw Saturday was told
the court to be a dangerous lunatit
tand was whirled away to tho State
'"Hospital for the .Criminal Insane al
Matteawan. , t
-.. Thaw was whirled away from the
lombs m his -wife's automobile.
I - special car was attached to the resru
I I Ui 4 :39 express' over the New York
Cenrtal. Thaw smoked and . talked
v with his oouhsel throughout the
! .journey. - ' , '.
Thaw Was Not Prepared.
ihaw was not prepared, for the
climax of his case, and he was com
inanded to stand and f ace. 'thie jurors,
they .ill turn were cajled to' their feet,
"Jurors, look upon tho defendant
defendant, look'upon the jurors,'
called Clerk Penny, "Gentlemen ol
the jury, have you agreed upon a ver
dict r ;
' e have, Mv said Foreman Grem
inels. , ' '. ." ,
"What say ."you? Is tho defendant
guilty or not guilty?"
"Not guilty, on tho ground that he
was insane at . the time of tho coon
mission of. the act charged in the in
After thanking, the . jury, . Justice
Dowling turned , to Thaw and his at
torney:? and said: - ,! "
"The only testimony in this case
upon which a verdict of insanity
coula be based was to tho elieet that
njaniac-depressive form of mental de
ifcngcrneiit... This testimony and tho
diagnosis of the form of insanity was
based tpon-prior outbreaks of the de
fendant us "testified to by witnesses
from- London, Montreal, Paris anJ
Albany. It 'also appearsf''frqni' the
testimony, and the court' was careful
to inquire as to this, that recurrences
oi tircse- aataeks are reasonably cer
tain. 'There has been no testimony
adduced here to show that a persoi.
suffering from this form of insanity
ever, fta n be., permanently cured. It
appears, however, thaf during the
maniacal form of the disease, the per
se' suffering therefrom is likely tc
commit dangerous assaults or mur
der. There is danger also of suicide.
Dangeroup to Public.
"Therefore upon all the testimony
in this case, the court deems that to
allow the defendant" to go at largo
would bo dangeroup to tho public
safety. The decision of -the court is
that the defejudant, shall ;not now be
discharged, but heing in custody shall
bo so held, and 'committed with ah
dispatch to the State hospital for the
criminal insane at Matteawan. The
sheriff of the county is directed to
take custody of the defendant and
deliver him to the State authorities at
Matteawan." ! .
Mrs. Evelyn Thaw' and Joshua
Thaw were the only members of the
prisoner's family in court when tho
verdict was announced. The" young
woman thanked ' individually ' each
member of the jury and followed Mr.
Littleton's example in shaking hands
tounsel were elated with tho verdict.
District Attorney Jerome, was almost
' as well pleased himself;" "He has con
tended from -the first that 'Thaw was
medically, if not legally insane. Mr.
Jerome congratulate;. . Mr. Littleton
and both coUnse$rl jury.' joined in
congratulating ' '.fusticc Victor J.
Dowling, who presided" "at the trial
with so much satisfaction to both
sides. The - jurymen expressed theii
thanks to the judge for his kiudlv
interest in all matters affecting then
So far as lies' within his power, Dis
trict Attorney Jerome will resist anj
effort to have Thaw liberated at an
time in the near future.. Neither will
he willingly consent to his trausfei
to a sanitarium. .
He commanded 'bir "attorneys im
mediately to sue'on.ta writ of habeas
corpus to have his sanity, tested be
fore he was sent away to tho' up-
tiState institution where the insane oJ
Criminal tendencies 'are confined;.
Mrs. William Thaw, from her hotel
where she had received over the tele-
the news of . the.-trial's
-iiiinpd in the demand of her
Martin W. Littleton, chief council foi
the defense, finally prevailed agains'
the wishes of t l:c.-.'mo'( bsy indicating
,j livid 'it would bi
better for the present to obey t!i,c
mandate of the court. -
vMr.. Littleton informed Thaw, it
was- stafed, that "thoro is such a
thing as public sentiment in New
' '.'-But I shall not go to Mattea-
wan," Thaw is reported to have re
peated many times.
Under" promise that somo action
speedily would be taken looking to
the appointment of a commission to
inquir into his present sanity or for
his transfer to a private institution
where his wife and other members of
his family might reside- with him,
Thaw consented to go without pro
test. "I am perfectly sane now, but I am
going to Matteawan on the advice of
my counsel, who thought it unwise to
sue for a writ of habeas " corpus ' at
this time. Council will proceed in
the matter of my release just as soon
as they can get together the proofs
they viU pet out tha,t I am at present
sane. I am confident that toy stay at
Matteawan vill be for a ahoil period
of time ony.'"
KING OF PORTUGAL SLAIN
Carlos I and the Crown Prince Shot
to Death While Seated in the Boya
Carriage at Lisbon by a Band ol
Men Who Fired a Volley From
Lisbon, By Cable King Carlos, ol
Portugal, and the Crown' Prince, Luis
Philippe, were assassinated Saturday
and the city is in a state of uproar.
The 'King's second son, tho Infanta
Manuel, was 'slightly wounded, but
Queen Amelie, who strove to save the
Crown Prince's life by throwing her
seff.npon him, was unhurt.
A band of men, waiting at the eor
ner, suddenly sprang toward the
open carriage, in which tho family
were driving to the palace and level
ing carbines which they had conceal
ed upon them, fired. The King and
the Crown Prince, upon whom the at
tack was directed, were each shot
thee times and they : lived only long
enough to be carried to the marine
arsenal, nearby, where they expired.
The royal family were returning
from Villa Vicose, where they had
been sojourning and were on their
way from the railroad station to the
The cold-blooded murder has sent a
thrill of horror throughout the coun
try,: ,2. -
At the first blush it would seem as
though the i assassination was the
work of anarchists. Nevertheless,
the. stirring events of the past few
weeks has prepared tho people for
some startling culmination.1" -.The dis
covery of plot after plot, as well as
the discovery of many secret stories
of weapons and ammunition, had de
monstrated the existence of a deter
mination on the part of a large body
of the Portugese to overthrow the
present condition and. proclaim a re
Premier Franco, the dictator of the j
Kingdom, hastened to the palace, pro
tected by a squadron of cavalrymen,
and there he conferred with the
Queen and high officials "of Stft on
what immediate action should bo tak
en. It is understood that Queen Ame
lia will be regent during the minor
ity, of Prince Manuel, who is now in
his 19th year. .
Hie only striking sequence to the
tragedy was the complete and bewil
dering silence in which Lisbon is en
wapped. HAVOC BY FIRE AND WATER
Loss of Approximately ?40,uou
Wrought by Fire
Charlotte, N. C Special. A fierce
and persistent fire broke out Monday
morning in me soumeasi coruei ui
the third floor of the old Johnston
building, situated on the corner, of
South Tryon . and Fourth streets, oc
cupied by the p'ant of the Charlotte
Clothing Manufacturing Company.
Strengthened bv a start which eravo
it a dangerous headway before the
fire department arrived, it command
ed for moro than an hour the com
bined efforts of the entire city de
partments to subduo it and wrought
a total damage of perhaps $40,000.
Buroughs & Dials, the Long-Tate
Clothing Co., also suffered heavy loss.
Five Burned to Death.
Kansas City, Mo.', Special. Five
persons were burned to death and
five others were injured in a fire in
a three-story rooming house at 111C
Wyandotte street,' Saturday morning.
The dead: Mrs. Jennie Bert, aged
29, Ilarrisoiiville, . " Mo., waitress.
Mabel E. Porter, aged 18, waitress,
ina Graves, aged 18, waitress. Peter
Rooney, aged 64, cook. Charles
Johnson, aged 2S, cook. All the. dead
except Mrs. Bert lived in Kansas
City. The fire, started .frbW .an ex
plosion 'of natural 'yas tase
meiit. '- V ... ..... . .. .
PLYMOUTH, N, C.
THE N. C.JLEGISLATURE
The State 'Legislature Adjourned,
Sine Lie, Saturday.
The compromise of Governor Glenn
is now a law, the House amendments
to the Senate passenger rate bill hav
ing been concurred in by the Senate
without debate " Saturday morning.
The Legislature in extraordinary ses
sion enacted several important laws
beside the rate bill and the prohibi
ten bill, and in addition to these a
large number of local bills were
p.iSBtd for the benefit of many coun
ties and towns.
The House and Senate adjourned
at 2 o'clock Saturday afternoon by
the Legislature clocks. There ,was
fvood feeling and mutual cougratula
liun among the members, and all go
home well satisfied with what has
Dnri.ng.the session 205 bills and 10
rtsolutions were passed.
The Governor transmitted to the
Legislature a farewell-message.
The Famous Passenger Rate Bill.
The bill as finally passed by both
houses, provides for a 2 1-2 cent rate
for passenger fare in this State and
relies upon the railroad companies to
fulfill their promises in letter to Gov,
Glenn offering a 2 1-2 cent interstate
rate of mileage books of 2,000 miles
to firms, heads, of families and four
other members at 2 cents; of 1,000
mile books at 2 cents a mile to indivi
duals and of intrastate mileage books
fo 500. miles at 2 1-2 cents, good f'oi
the heads of families and dependent
members not to exceed four. This
bill is in harmony, with tho rates of
fered by Gov. Glenn to the railroads
which fought the 2 1-4 cent rate, except-that
reference is made to an ad
justment of the rate in January, 1908,
by the corporation commission if the
rate" is . found confiscatory or exces
sive, a provision which the railroads
have agreed to forego.
The general State election on tho
prohibition question,, as provided in
the prohibition bill, will oceur on
May 26th. " 1 '
The resolution with respect to tlio
agreement between the Governor and
the railroads, which. President Win
ston announced as tho -"Public Con
science Bill," authorizing the Gov'er
nor to accept the $17,500 for payment
of .attorneys' fees and costs of liti
gation, but not one cent for defray
ing the expense of conveying the leg
islature, was killed. -'
A resolution was offered by ;Mr.
Daniel , and unanimously carried
thanking the Lieutenant-Governor for
the faithful and impartial manner in
which he had presided over the 'ses
sions of the Senate.
At 2:42 the President declared the
house and senate adjourned without
The house acted on 303 bills and
resolutions, about two hundred of
"these being houso bills.
: ' The-messaco from the Governor
congratulating the legislature upon
its. work, was as follows:
To the Honorable, tho General As
sembly of North Carolina:
Gentlemen: I have nothing furth
er to transmit to your honorable
body. Your work is done, and well
done, and you deserve, and will re
ceive the plaudits of a grateful peo
ple. In settling the rate question on
a basis just to the State and equi
table to the railroads, you have re
stored ' harmony, ' protected all busi
ness interests and xlemonstrated tho
fact that the sovereign can compel
obedience from its creaters that dis
obey its laws, and also extend its
hand in helpfulness when the subject,
acknowledging its allegience, asks for
needed assistance. Tho State has
ratified the agreement made with tho
railroads, and I feel assured that tho
railroads will in', good faith' fully
carry out their- contract made with
me, thus showing by their acts the
verity of their words when they pro
fess a desire for. kindly relations be
tween all classes and conditions. Yon
likewise acted wisely in appropriat
ing funds needed .-for litigation be
fore the inter state commerce com
mission, tov prevent discriminations
against our State as well as in pass
ing other laws much needed for thu
State's upbuilding, but in "all you
did, protecting Jhe small roads
against, burdens that they could not
bear, thus encouraging the building
of new lines into undeveloped terri
tory. . .
Asked, by the Anti-Saloon League,
and believing myself that, since over
SO per cent of the entire territory of
the State had already endorsed pro
hibition,' it would be too costly and
only engender strife to have a gener
al eleeiion throughout the State. 1,
in my message, favored State. prohi
bition by the legislature. In my
judgment, however, yon thought it
best tc- submit the question lo the
vote of tne. State, and I cheerfully
approve you course, and now offer
rav services as a volunteer to carry
youi law before the people and ask
tl.pm by their votes to raify what
you have enacted. In ray judgment,
Stale prohibition will win by an im-mcn.-
majority, and will prove the
greatest blessing that has ever beea
giv our people.
No legislature in the history of the
State, in so short a timo and in extra
session, ever did so much for the peo
ple as you have done, and while at
first a few may doubt the wisdom o
some laws passed, yet I believe that
very toon all will see thogood sense
ana patriotism that has marked your
emire course and will heartily ap
prove and ratify your legislation.
I thank you most sincerely for
your endorsement of my course in
trying to settle this complex rate
question as wel -as for the considera
tion in debate, even by those who did
not agree with my views.
I wish for each of you a safe and
pleasant journey homeward, express
ing the hope that you will find your-
loved ones well and happy, and that
you will receive, as you deserve, not
only the approval of your own con
science, but also the commendation
of, the people whom you have' so
With good will toward all, I bid
each a kind good-bye. -
The Work Accomplished.
Following is a summary of the most
important laws of general interest,
outside of the famous rate bill, pass
ed by the extra session of the State
Legislature, which body adjourned
sino die Saturday last:
Liquor in Prohibition Territory.
The act to prevent traveling sales
men from soliciting orders or pro
posals for the purchase of intoxicat
ing liquors in prohibition territory in
North Carolina, provides that it shall
be unlawful for any person for him
self or as an agent or traveling sales
man, for any person, firm or corpora
tion, to solicit orders or proposals of
purchase by the jug or bottle or oth
erwise of intoxicating liquors within
the borders of any or all counties,
townships, precincts, towns and cities
in the State of North Carolina where
ever prohibition prevails or the sale
of intoxicating liquor is prohibited by
law. Provided, that this law" shall
not be construed to prevent the said
of intoxicating liquors in not les
than five gallon packages to all part
ies or persons who are duly authoriz
ed by law to sell intoxicating liquors.
Prevent Railroad Mergers. "'
The act amending sections 2567 and
2574 of the Revis?!, preventing rail
roads from merging with or seeming
stock in competing lines, prescribes
that no railroad or other transporta
tion company, or its officers shall ac
quire, hold or guarantee the stock for,
or lease or be leased to, or purchased
by or consolidate with or b
merged into any parallel or compet
ing railroad or transportation com
pany, nor shall any railroad or other
transportation company or its officers
sell any of its stock or bonds to any
holding or voting company or its of
ficers, whereby such consolidation or
merger may be effected, and any such
purchase, contract, merger or sale
shall be void. And that no rilroad
or transportation company, or its of
ficers, noAV or hereafter doing busi
ness in this State, shall purchase,
lease, absorb, take over, buy stock in,
merge with, or in any way secure an
interest in a competing line of rail
road or transportation company, nor
shall any railroad or transportation
company or its officers enter into any
contract, agreement or understanding
with a competing line or railroad or
transportation company calculated to
defeat, or which .may defeat or lessen
competition in the State. This act
shall not prevent railroads independ-
ently owned and operated in in is
Qtofo nof Ptpppdincr 100 miles iu
K- lUVv U - T
length from selling its road and prop
erty. Freight Rate3.
; Chapter 217 of the Public Laws of
1907 was amended by adding to sec
tion 1 thereof the following: Pro
vided, further, that the Corporation
Commission shall have power, when
it is made to appear that it is just to
do so, to exempt from the operation
of section of chapter 217 that part
of the charges of a joint haul which
is over the line or lines of a railroad
company, which company now owns,
leases or operates not more than 125
miles of railroad in or out of this
II. B. 195, S. B. 172: An act to pro
vide: for the payment of burial ex
penses of Confederate pensioner.?.
Twenty dollars to be appropriated
from general county fund upon rec
emmendation of chairman of pension
H. B. 19, S. B. 95: An act lo amend
sections 20S1 and 20S9 of the Revisal
of 1905, relating to mariiage cere
mony. May be solemnized by ordain
ed or authorized ministers.
H. B. 156, S. B. 177: An act to
amend section 63, sub-section 5, chap
ter 253 of the Public Laws of 1907.
Rents and profits of real estate used
exclusively for charitable, religion
or educational purposes exempt from
. II. B. 211, S. B. 3: An act to au
thorize the Governors to employ coun
sel before Interstate Commerce Com
mission. Governor is authorized to
pay counsel not exceeding $3000.
H. B. 178, S. B. 83: An act to
amend chapter 612. Pnblic Laws of
"eJd ;fe,:"iLow.e,3hear'ute ' ;!
hides in Rockingham county. Law
regulating running of automobiles ex
tended to Rockingham, Caswell and
II. B. 53, S. B. 109: An act to
amend section 244S of the Revisal ol
1905, relating to putting net stakes.
Broken, decayed and abandoned net
stakes to be removed. Does not apply
to Currituck counay.
. No Friend of Liquor Traffic.
If;, this special session of the Legis
.'atufe had not already been styled a
known as the anti-booze session. At
every turn and on every occasion, the
licjiioi interests were given the black
eye. not content with paving the way
for State prohibition, the House and
Senatfi both nassed bills the sole mir-
pose and intent of which were to cut
off or restrict the sale of liquor in the
State. A bill which excited consider
able talk at the time of its introduc
tion and subsequent ratification was
that of Senator Reece Blair, of Mont
gomery, relative to drumming tor in
toxieating liquors. This bill is of in
terest and follows:
"That it shall be unlawful for any
person, for himself or as agent or
for any . person,
firm or corporation, to solicit orders
or proposals of purchase by the jug
or bottle or otherwise in lots of less
ill an five gallons of intoxicating li
quors within the borders of any and
all counties, townships, precincts,
towns and cities in the State of North
Carolina wherein prohibition prevail
or the sale of intoxicating liquors itf
prohibited by law."
As stated at the time of its intro
duction, this bill is almosi identical
with the one m force in South Da
kota. The law there is said to be
giving very general satisfaction.
Chicago Lawyer Frozen to Death
Chicago, Speeial. William race, a
lawyer, was found frozen to death
mmaay witmn ou i?et or jus resi
dence in Highland Park, a suburb. It
is thought that Brace slipped on the
icy siuewaiiv arm was siunneci oy tne
1 . 1T ..1 i .11 j,
fall, succumbing to the cold before he
Steamer Burns and Thirteen of the
Crew are Drowned.
Halifax, N. S., Special The steam
er St. Cuthbert was burned off the
Nova Scotian coast Sunday. The
Cymric, of the White Star line, rescu
ed 37 persons, including the captain.
Thirteen of the crew were drowned.
The life boats made three, perilous
inps ro tne t mnc. ine sea cock i
were leu open on u,e oi, uuhuh.
ti. il.. Ol -i.-il.l
aim u; piuuuuij san iuuu a C
-.-! 1- . e--. i
Another Firo at Monroe.
Monroe, Special. Fire broke out
m the hvery stable ol Mr. Jonn o.
Williams at S o 'clock Friday morn-
ing, supposed to have been starteu
by a match thrown into - tho hay.
About ten horses and mules mat were
in tne siaoie were goi out umiuiu.eu,
. , . 11 1 - .. A 1. 11
and nearly all the damage suuerea
was the destruction of tho hay and
Iced, and tne ourning oi me woou-
work in the brick office next to the
stable, mis omce is a uueh. i-.u-n
sion ot the litzgeraid ruiiamg, dum
the firemen put the flames out before
any harm was done to main building
ITo Joint Reunion to Bo Held.
New Orleans, Special. An official
statement that there will'To no joint
reunion of Confederate and G. A. R.
veterans at the next annual Confed
erate reunion in June at Birmingham
Ala., was issued here Friday by Ad
jutant General William E. Mickle, ol
the Confederate Veterans. General
Mickle said that the proposed joinl
reunion is impossible under th
terms of the Confederate Veterans'
Found Frozen Stiff.
Salisbury, Special. One faltality
is directably traceable to the intense
cold of Sunday night. Moaday morn
ing the dead body of Will Steele, a
coloied brick masou, was found in a
vat ant lot in the Brooklyn section.
The body was lying face downwards
vr.cn found with the face frozen in
Pensions for lifesavers were advo
cated in a Presidential message to the
French Do Not Telephone.
The telephone In France Is little
tsed br the miblic ceDerallv.
Slag! Copy s Ccata.
NO. 36. :
Great Whitney Power Com
pany in Hands of Receiver '
many millions are tied if
The Mammoth Power Company on the?
Yadkin. River Placed in Charge of a!
Receiver Monday by judge Pritclw
ard, oa Allegations- Presented byj
A. O. Brown & Co., of New York.
Asheville, Speeial. Alleging that
the Whitney Company, the $10,000,
000 concern building a mammoth pow
er plant on the Yadkin river, thirty
miles below Salisbury, is xraable to
meet and discharge its obligation
which have already matured and those
wLidl are maturing and tliafc k ig ta
. . , , , ,
the luterest and advantage of all the
creditors, A. O. Brown & Co., of New
Tork, applied to Circuit Court Judgo
J. C. Pritchard for the appointment
of a receiver of , all the property of
the defendant. The defendant com
pany admitted the allegations con
tained in the bill of complaint and
consented to the appointment of a re
ceiver. Judge Pntchard, after hear
in? the eoirmlflivt nnrl Hi nntuw.
ant and appointed Hon. John S. Hen
derson, of Salisbury, receiver for the
A. 0. Brown & Co., who made th
application for a receiver and who are
creidtors for more than $200,000 are
composed of Albert O. Brown, G. Lee
Stout, Lewis Gunter Young, Edward
F. Bucanan, Samuel C. Brown and
Walter Rhea Whitman.
The complaint alleges that the de
fendant company was chartered undet
the laws of North Carolina; that it3
capital Hstock is $10,000,000; that ift
has outstanding obligations in notes
and bonds to the amount of $5,000,-
000; that it is unable to pay princi
pal and interest on -certain notes:
that it is being threatened with suits
and that on May 1st, 1908, a. m. an in
terest item of $150,000 will be dne, in
the payment of which the defendant
company will be compelled to default.
It is also alleged that $5,000,000 have
been spent in developing the plant;
that it is now nearing completion and
the carrying out of the project is es-
setial to the protection of creditors
In appointing Mr. Henderson re
ceiver for the property, Judge Pritch
ard signed an order requiring that
the receiver take full control of all
the company's property and that un
til the further order of the court the
receiver shall manage and operate
lid p rty as th defendant con
irnU m. nrfc nr hf)a wt,vfW
, n onerated. and shall emnlov
guch persons ami roake sueh payment
and disbursements as may be needful
and proper and snail report his said
I Qr'iinnc tr mirf rrm fi-ma 4v
timp The recciver is ;.eauired to rive
bond in the sum of $25,000. " The de
f endant and each and everv one of
its officers and agents are required to
transfer to the receiver all the prop-
ertv, assets, books, accounts and
vouchers of the defendant company
an(j ar also restrained from trans-
ferring wjth any Gf the property of
imra movr at unionism-
Avhinfrto. filial Monv for
tho thifd timc witWn a month- tho
Supreme Court of the United States
promulgated an opinion ' construing
laws adversely to contentions of un
ions. The verdict rendered was in the
case of Lawler vs. Loewe, the for
mer a member of the hatters' union
and the latter a hat manufacturer of
Danbury, Conn. The case involved
the applicability of the seventh sec
tion of the Sherman anti-trust law t
conspiracies by labor unions to boy
cott articles entering into inter-State
trade. Under the terms of that pro
vision the complaining party may col
lect three times the amount of his
loss if the charge is sustained.
Soldiers Perish in Snowstorm.
Ain-Seafra, Algeria, By Cable.
Twenty-one men of the twentieth
company of the Foreign Legion, and
possibly others of the same company,
perished on February 1st, in a blind
ing snow storm which overtook the
soldiers on their way to Fort Hasa,
The entire company became separated
and later searchers - recovered the
bodies of 21 of them. A section of
the company succeeded in reaching.
Fort Hassa in n pitiable condition,
but many are unaccounted for.