IU II El
' " ' '
Year, In Adnna. " FOR GOD, FOR COUNTRY AND FOR TRUTH. " Slngl Cy $ Cm '
y ' ' ' ' it
VOL. XVIlE PLYMOUTH, N, C FRIDAY, MARCH 20, i908. NO. 42
? Items Gathered from
Charged With Abduction.
Wilson, Special. Thursday even
ing Jesse Brinkley, a married man
who has been living apart from his
wife for several months, eloped with
Miss Mary Vann, daughter of Mr.
and Mr3. C. V. Vann. These two
" people have. caused" no little trouble
in magistrates circles here. As to
the direction taken by the runaways
no one seems to know some saying
they went through the country in a
buggy; others that they went away on
the train; still there are others who
say they left on the shoofly. Soon
after hearing of the elopment a re
porter interviewed Mr. Vann in re
gard to the matter. He said: "I
don't know what made me suspicious,
but about 8 o'clock Thursday night
I got it into my head that every
thing was not going on around home
right; so I began to get suspicious
of my daughter's actions; I went
through the house and looked for, in
fact, looked everywhere that it was
possible to find her. Finally I found
where she had passed out through a
L , panel in the fence. Gaining the out
"side of my yard I was told that my
daughter and Jesse Brinkley had just
left on a buggy. I immediately ap
plied to the proper authorities and
obtained a warrant for Brinkley,
charging elopment. Friday morning
upon the advice of my attorney. I
had it changed to read "abduction"
as my daughter is under fourteen
years of age. Later I went to Salem
in quest of the runaways but could
get no trace of them. I shall spare
no efforts to apprehend them and
prosecute Brinkley to the limit."
Robberies in Thomasvillo.
Thomasville, Special. Thursday
night the home of Mr. L. R. Imber
was entered by a robber and a num
ber of things were stolen. Among
them was about $35 in money. The
familv was sleeping in the room at
the time, but no one awakened and
the robbers escaped. Early Sunday
morning the front window in tho
store room in tlie Wyche Block oc
cupied by Max Wager, clothing mer-
"vgjit, was broken, and robbers en-
reru-"HiiJ, siuie aim muic u iuu ui
clothes, hats and other furnishings.
Diligent search is being made to ap
prehend the robbers, but as yet no
one is suspected and it is doubtful
if the perpertators will ever be
Wilmington Merchant Assigns.
Wilmington, Special. Capt. S. F.
Craig, retail grocer at 014 North
Fourth street, has made an a?sign
men, naming A. G. Hankins as as-sis-nee.
The liabilities schedule a
little over $3,000 with assets about
the same The creditors are largely
WiJmington wholesale grocers, J. W.
Brooks being the largest, to the
amounts of something over $000.
Capt. Craig reserves for himself the
lcs'al real and personal property. In
ability to collect outstanding obliga
tions is assigned by Capt. Craig as
the cause of the assignment.
Taken Back to Madison.
Asheville, Special. John Randall,
the Madison county man charged with
til murder of his wife who was
b light here several weeks ago for
f.ale Keeping on account oi lineup
feeling against him, was taken bacic j
to Marshall by a deputy sheriff of j
that county who came here for him. J
It is said that feeling against the i
alleged murderer has abated and
that it is believed there is no Ion
ger any danger of mob violence.
Raleigh, Special. There was sent
to Governor Glenn about $30,000 for
the Sapinsh-Ammcan War soldiers
from North Carolina not already paid.
Of this amount only about $15,000
has been paid to claimants and there
is still on hand about $15,000 which
has not yet been claimed.
Great Month's Collections.
Raleigh, Special. The State De
partment of Insurance by its collec
tions for the past month has broken
all of its previous records. For Feb
ruary the collections amounted to
$.')0iJ1.13 and this amount was turn
ed over to the State Treasury, the
books showing that this amount was
in excess of the collections in any
other one month of the existence of
the department. The fiscal year will
end on the first of April and the col
lections for tho year will bz in excess
All Sections of Hip Stat
WORK EE GINS SOON.
On Construction of Teachers Train
Greenville, Special. The trustees
of Eastern Carolina Teachers Train
ing School appointed by the Legisla
ture of 1907, et here last week and
inspected the site selected, on which
to locate the school. Those present
were: J. Y. Joyner, Raleigh; T. J.
Jarvis, Greenville; C W. Wilson,
Scotland Nec"k; J. C.' Parker, Tren
ton;; I. T. Turlington, Smithfield,
and Y. T. Armond, " Kinston. The
board met and organized with J. Y.
Joyner president; C. W. Wilson, sec
retary, R. J. Cobb, treasurer; T. J.
Jarvis, J. Y. Joyner and Y. T. Or
mond ,executive committee. H. Buck
ingham of New York was elected
landscape designer and Hook and
Rodgers, of Charlotte, and H. W.
Simpson of New Bern, associate
architects in competition. Work of
construction will begin as soon as
plans are completed and material col
Clamis ' 1 Unwritten Law. ' '
Asheville, Special. Claiming that
he had killed Paris Sumner, and thai
he was justifiable in doing so under
tho "unwritten law," James Fardy,
a well known citizen of Limestone
township, twelve miles from Ashe
ville, aroused Deputy Sheriff Mitch
ell at the county jail here about mid
night and demanded admittance.
The shooting occurred twenty
five yards from Frady's home.
Frady and Sumner, both well known
and highly respected citizens, are
neighbors. Frady alleges that Sum
ner was intimate with his wife and
finding the two together, opened fire
on Sumner. Frady shet five time,
three of the bullets taking effect.
Then Frady beat Sumner's skill in
with the butt of his pistol, and le'ft
his victim for dead, coming to Ashe
ville to surrender. Sumner was shot
through the lower part of the abdo
men, the right lung and right shoulder
while an operation was necessary to
remove the fractured pieces of skull.
CHARLOTTE GETS CONVENTION
The Queen City Will Entertain This
Year the Democratic State Con
vention, Her Claims Having Won
Out Over Those of Greensboro
For This Honor.
Raleigh, N. C, Special. The State
Democratic executive committee i
session here Wednesday night seleet
ed the 24th of June at Charlotte for
the meeting of the State Democratic
convention, and by a close vote en
dorsed Bryan for the Presidency. The
resolution to endorse Bryan for Pres
ident and C. B. Aycock for Vice
President was warmly debated and
was finally defeated.
Serious Play With Pistol.
Asheville, Special. An accident as
a result of playing with a pistol
occ'irr'ed near Weaverville, ten miles
from Asheville, and it is feared that
two boys, Harmie Black and an 8
year old lad named Eller, will die.
Yeung Black, 15 years old, was at
tempting to drive a 32-calibro cart
ridge into a pistol of 22-calibre bore
when the cartridge exploded, JMier i
effort. The bullet entered just under
his left eye and, going through the
head, lodged under the skin back of
the right ear. Two of Black's fin
gers were torn off and blood poison
has developed. Neither of the boys
are expected to live.
Sales of 'Fertilizer.
Raleigh, Special. The president of
the Caraleisrh Phosphate Mill says
I that ordera are now coming in very
well. He cannot yet tell how the
sales will compare with those last
season, though there is a general fall
ing off of about 25 per cent., it seems.
The Agricultural Department will
in a few days mate up its figures as
to sales of fertilizer tax tags.
Receiver Begins Action.
Saisbury, Special. In the United
States Circnit Court for the Western
district of North Carolina action was
begun by Hon. John S. Henderson,
receiver of the Whitney Company
against the T. A. Gillespie Company,
contractors, for non-performance of
work at the Narrows. The complaint
was filed and the warrant of attach-
ent was issued by Judge Boyd, at
. . i ii ii .
Ureensboro against an uie property
I of T. A. Gillespie Company in North
j Carolina for the purpose of holding
the property of the defendant to sat
isfy the paintiff's claim.
BAD FIRE AT R0XB0R0
For the Third Time in Two Months
The Town Hac a Narrow Escape
Blaze in Heart of Business Section.
Roxboro, Special. The business
portion of Roxboro early Sunday
morning had its third narrow escape
from being swept by fire within two
months. The blaze originated in a
large frame building owned by Mr.
J. M. Blalock and used 'as a bowling
alley, pressing club and lunch room,
which burned. The Pinoneer ware
house burned fiercely but was extin
guished with a small loss. A large
tobacco prizery and the Primitive
Baptist church caught from flying
sparks but were promptly extinguish
ed. The stores of the Morris-Webb
Drug Co., Woody, Long & Morton,
Long, Bradsher & Co., and Sergeant,
Clayton & Co., were in imminent
danger, being saved only by a favor
able wind and the keeping of a stream
of water on them. Mr. Blalock 's loss
is about $1,000 with no insurance. Mr.
Walker, owner of the bowling outfit,
carried $500 insurance. There is sus
picion of incendiary origin but there
is no evidence or clue to support it.
WILL EE A GREAT MEETING.
Twenty-Fifth Annul Convention of
North Carolina Sunday School As
sociation. This important gathering of Sun
day School workers will be held in
the Christian Church, Burlington,
Tuesday, Wednesday, Thursday,
April 7, S, and 9, 190S A very at
tractive programme has been pre
pared for the occasion, containing the
names ;ol a number of the most act
ive Sunday school workers in the en
tire country All the phases of prac
tical work will be covered by address
es, papers and practical demonstra
tions. The social feature of the oc
casion will be emphasized and a good
time is in store for all those who may
attend. Great good will doubtless '.re
sult from this meeting and the causa
will be materially enhanced.
Shoots His Foster Father.
Monroe, Special W. D. James, an
employe of the Monroe Cotton Mill,
was shot in the left cheek by W. C.
Basbee, a fellow employe, in a quar
rel which took place Saturday night
in James' house in the mill town.
Busbee is a young man who is said
to have been brought up by Mr.
James, and the relations between
them were of the pleasantest till a
short time ago, when James began to
suspect that Busbee was too intimato
with Mrs. James. When James en
tered his house he found Busbee there,
and a quarrel at once arose between
them on the old subject. Upbraided
Kv .TniYiPs for nctinsr as he had, Bus
bee, who had been drinking, drew a
pistol and shot his former friend.
When the police got news of the af
fair end went to the house, they
found the wounded man lying there
and his wife had not sent for a doc
tor. Busbee ran away immediately
after the shooting, and has not been
captured. James has an ugly wound
but will probably recover.
Man With Bullet in Spine Will Re
cover. Fayeteville, Special Henry Brunei-,
who was shot by D. J. McDonald
will probably recover, the attending
physician states. Both are white men
and well known and the difficulty was
the outcome of n.arked attention
from Bruner to McDonald's wife.Me
Donald was evidently "shooting for
a funeral," as he fired five shots,
thmiHi onlv one took effect, lodging
in the spine. McDonald's friends of
fered $10,000 bail, but it was re
fused and he is held in jail awaiting
the result of the wound.
Burglars at Claxemont.
Newton," Special. Burglars visited
the town of Claremont Friday nigui
and entered the stores of II. L.
Yoder & Co. and D. M. Moser & Son,
helping themselves to shoes, hats, to
bacco and canned goods, besides a
small amount of money, about $5,
from the two stores together. Mr.
Yoder was in town talking over the
matter with the Newton police.
State News Items.
Solicitor A. L. Brooks of the 9th
judicial district, has tendered his
resignation to Governor Ghv.n. This
action is taken because Mr. Brooks
is an avowed candidate for Congress
from the 9th district to succeed W.
W. Kitchin, who is a candidate for
the democratic nomination for gov
ernor. Governor Glenn appoints Rev. J.
O. Atkinson, of Elon College; Henry
A. Gilliam, of Tarhoro, and li. T.
Grav of Raleigh, members of the
board of visitors of the University
of North Carolina.
BIG FINES TO STAND
Supreme Court Decides Cases
THE ELKINS LAW INTERPRETED
By a Division of Five to Three tho
Highest Tribunal Declares That
the Lowev Courts Were Right in
Impoftig Fines on tho Chicago,
Burlington & Quincy Railroad an
the Kansas City Packers For
Granting and Accepting Rebates. '
Washington, Special. By a divi
sion of 5 to 3 the Supremo Court
of the United States has affirmed the
decision of the United State Circuit
Court of Appeals for the eighth cir
cuit, imposing fines on the Chicago,
Burlington & Quincy Railway Com
pany, for granting and the packers
of Kansas City, Kan., for accepting
rebates on shipments of packers' pro
ducts intended for export. The de
cision was announced by Justice
Day and his announcement was con
curred in by Justices Harlan, White,"
McKenna and Holmes. The Chief
Justice and Justices Brewer and
Peckham dissented in an opinion an
nounced by Justice Brewer, which
pungently critized the controlling
opinion. Justice Moody took no part
in the disposition of the case.
Tho Points Involved.
In his opinion Justice Day dis
cussed the various points of con
troversy involved in the cases.
Taking up the first question as to
what constitutes a crime. In the
matter, of granting rebates he said :
" Had it been the intention of Con
gress to limit the obtaining of such
preferences to fraudulent schemes
or devices, or to those operating only
by dishonest, under-handed methods,
it would have been easy to have so
provided in words that would bo un
mistakable in their meaning. A de
vice need not be necessarily fraudu
lent; the term includes anything
which is a plain contrivance."
Discussing the effect of the ruling
on the usual construction of con
tracts Justice Day said:
"There is no provision for the
filing of contracts with shippers and
no method of making them public
defined in the statute. If the rates
are subject to secret alteration by
special agreement, then the statute
will fail of its purpose to cstabish
a rate duly published, known to all,
and from which neither shipper nor
carrier may depart.
"It is said that if the carrier saw
fit to change the published rate by
contract the effect will be to make
the same evailable to all other ship
pers. But the law is not limited to
giving equal rates by indirect - and
uncertain methods. It has provided
for the establishment of one rate to
be filed as provided, subject to
change as provided, and that rato to
be while in force the only legal rate.
Any ther construction of the statute
opens the door to the possibility of
the very abuses of unequal rates
which it was the design of the statute
to prohibit and punish.
"It may be as urged by -petitioner,
that this construction renders im
possible the making of contracts for
the future delivery of such merchan
dise as the petitioner deals in, and
that the instability of the rate intro
duces a factor of uncertainty, de
structive of contract rights hereto
fore enjoyed in such property. But
such ' considerations address them
selves to Congress, not to the courts.
It is the province of the' judiciary
to enforce laws constitutionally
enacted, not to make them to suit
their own views of propriety or
"The statute being within the con
stitutional power of Congress and
being in force when the contract
was made, is read into the contract
and becomes part of it. If the ship
per sees fit to make a contract cover
ing a definite period for a rate in
force at the time he must be taken
to have done so subject to the pos
sible change of the published rate
in the manner fixed by statute, to
which he must conform or suffer the
penalty fixed by law."
. In the course of his opinion, Jus
tice Day gave the following general
definition of the intent of the El kins '
ElknS'' Act Defined.
"The F.lkins' act proceeded upon
broad lines, and was evidently in
tended to effectuate the purpose of
Congross to require that all ship
pers should be treated alike, and
that tho only rate charged to any
shipper for the same service under
the same conditions should bo the
one established, published and
posted as required by law. It is
not so much the particular form by
which, or the motive for which this
purpose was accomplished, . but the
intention was to prohibit any and
all means that might be resorted to
to obtain or receivo concessions and
rebates from the fixed rates, duly
posted and published."
Railroad Employes Strike.
Denver, Colo., Special. Monday
morning 1,500 machinists, boiler-makers
and members of kindred trades
working in the Denver & Rio Grande
Railway's shops went on a strike in
response to an order issued by W. J.
McQueeney, representing the machin
ists national organization, after a fi
nal conference at which Manager A.
C. Ridgeway, of the railroad, refused
Wins Rhodcn Scholarship.
Athens, Ga., Special. II. L. Jewett
Williams, of Macon, a member of tht
University law class, was awarded
the Rhodes scholarship in Oxford
University, England, by the Rhode
scholarship committee for Georgia,
consisting of Chancellor Barrow, Pro
fessor Bocock, of the University oi
Georgia; Professor Murray, of Mer
cer, and Professor Peed, of Emory.
Mr. Williams leaves this summer foi
Oxford for a stay of two years.
Judge C. D. Clark Dead.
Knoxville, Tenn., Special. Judge
C. D. Clark, who was appointed to
tho Federal bench by President Cleve
land in 1895 as judge for the east
ern and middle districts of Tennessee,
is dead at Chattanooga, aged 61. He
had been at Asheville, N. C, for some
time for his health, and only recent
lv was removed to Chattanooga. He
was a native of Tennessee.
Big Cotton Mill Fire.
Winston-Salem, N. C, Special.
The picker building and the warp
lapper and machine rooms of the
Cooleemee Cotton Mills, at Coolee-
mee, Davie county, were destroyed
by fire Friday, entailing an estimated
loss of over $100,000, fully covered by
insurance. The fire broke out in the
picker room about 9 o'clock and it
took five hours to get it under con
trol; eight streams of water were
placed upon the burning structures
The oriain of the fire is unknown.
Lone Bandit Holds Up Train.
Butte, Mont., Special. Great
Northern Railroad officers were ad
vised that the Oriental limited was
held up near Bonners Ferry, Idaho,
by a highwayman. Both mail clerks
were bound while; the mail car was
rifled. No attempt was mado to
blow open the safe. No estimate is
obtainable as to the probable loss but I
it is not believed to be heavy. The.
bandit escaped. .- , , U
NEWSY GLEANINGS. v
Texas reports an
Cleveland decided to close Its
schools and spend $600,000 to make
the buildings safe.
Senator Johnston, of Alabama, ob
serves that Washington, D. C, has
no Sunday observance laws.
WInchendon, Mass., rejects Mr.
Carnegie's $25,000 and will build a
library out of Its own hands.
James J. Hill discussed the busi
ness outlook, saying conditions would
improve if they had an opportunity to
King Edward entertained Premier
Clemenceau and M. Pichon, the
French Foreign Minister, at luncheon
The letter of Emperor William to
Lord Tweedmouth and the latter's re
ply have caused a storm of criticism
The State Grange, In session at
Hornell, N. Y., indorsed the attitude
of Governor Hughes on anti-race
It is conservatively estimated that
between 20,000 and 25,000 miners
will go to different parts of Alaska
and the Canadian Yukon.
Naval militia organizations of the
Atlantic coast States have been In
vited to take part in the maneuvres
of the auxiliary naval vessels.
Fifty Terrorists, men and women,
many of them heavily armed, some
with bombs, were arrested in St.
Petersburg, after a desperate resist
ance. The first of the big battleships far
the German navy, the Nassau, of 1S,-
000 tons, was launched at Wilhelms
haven, In the presence of the Em
The present season has b.?en to a
degree disastrous both in New York
City and on the road for the "popular
priced shows," as well as for the first
Of persons stricken with Insanity
ibout one-third recover.
S. C. Supreme Court Take
Hand in Dispensary Mud
WILL JUDGE PRITCHARD REC
South Carolina Supremo Court Hi
Down Unanimous Opinion Uph
ing Attorney General Lyon ir. i
pensary Matter Nest Move Up
Columbia, S. C, Special. On S
urday, the South Carolina Supre:
Court handed down an opinion, c
curred in by the entire court, uphol
ing attorney general Lyon's conte
tion and declaring that the action
Judge Pritchard 's court was contrai
to the constitution of tho Unite'
Monday's dispatches from Colon
There is no mistaking tho fact tha
the members of the Stato administra
tion are feeling good over the decis
ion of the State Supremo Court ren-i
dered Saturday afternoon on the
mandamus petition of Attorney Gen
eral Lyon wherein the court sided in
vigorous language with every princi
pie of law contended for by the At
torney General in the contest between
the State and Judge Pritchard ovei
the dispensary funds in litigation, i
Attorney General Lyon and Attorney !
W. F. Stevenson, asd .'ialed with him,
pvcssed themselves as much pleas- ;
cd with and gratified at the decision. !
It was everything that they could j
hope for. And Governor Ansel has ;
given expression to s-mtiments. !
Opportunity For Pritchard to Reccda.
But whether there will be an extra
session of the Legisia.tue following
l hi t!iti'o1r is stii m. u .ibt. AK.
Iloundtree and Anderson, oi
Atlanta will be here soon for consul
laitu.'t with Atlornev General Lvo..
:u.i! other counsel associated witit him
.ti the subject. Tho opinion seeis V
l' that Judge Pritchard should h(
given an opportunity to recede fiom
his ' sition, in the -vay opened for
Inns to ':'M in Liie decisio.. tlt
Soiiili (Jar lina Su:)::jn.e Coui; It
he does not give way, or if he mak".
ni.::.tr ostile move, it is likely an
extra seon will be ealled to env!t
such leg.ii.rtion as will put tae SUt-'s
attorneys and the uitpeusary qpmiis
mission in full charge of affairs.
Now that the receivers have quali
fied, the intimation is that tho next
move on the part of the opposition
vli! be to attempt to get possession
of the funds by a call upon the com
mission. Members of tho administra
tion have all along expressed perfect
onfidence in being able to score a
omplete victory in the Federal
nirts when the case is finally got
cforo the United States Suprema
court, but at the samo time Govenor
v el, r.s peace-loving as he has al
ways shown himself to be has mani
fested a disposition not to. allow tho
funds to go into the hands of the
Federal Court. .
Just Debt:; Will E3 Paid. 1 1
New York, Special. In a state
ment issued by Eugene P. Carver,
counsel for Charles W. Morse, decla
ration is made that tho indicted bank
er believes he is able and with tho
co-operation of his creditors proposes
to pay all his j ist debts. Morse 'a
counsel further states that all legal
rights and remedies will bo invoked
to accomplish the settlement of obli
gations and that all pending criminal
matters before the State and Federal
courts will be urged for a quick de
termination as to matters of law and
Richmond as Dry as the Desert of
Va., Special. For tha
first time in the history of Virginia
no liquor can be had at the various
social clubs. The Byrd bill closing
all bars on Sunday went into effect
Sunday and even at tho oldest and
most influential clubs, no intoxicating
drinks were served.
For The Aray and the Navy.
Washington, Special. Navy De
partment officials appeared, befora
the congressional naval affairs com
mittee and urged the purchase of the
Jamestown Exposition grounds by the
government, to be used as a naval
training station. Secretary Taft and
a delegation apeared before the con
gressional committee on military af
fairs and recommended the purchase
of ten thousand acres adjoining
Chicamauga National Park for man
oeuvreing grounds for troops.