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Che Raleigh times. j Do you watch the stores these | bright days? What stores? Those (that run an adv. in the Times. VOLUME 25 RALEIGH NORTH CAROLINA, FRIDAY EVENING JUNE 3, 1904 PRICE 5 CENT S JUS I Kt (0 MB I KWHS »,(■!, ««■ Action of Judge R. B. Peebles in Sentencing Men to Jail For Contempt Found Unwarrented, the Rule Invalid and His Action in Not Notifying Them of the Proceedings Contrary to Law IF1B0N HAMMS Hearing Which Was Begun Yesterday Afternoon at 4' O’clock Concluded at Noon Today—Colonel Argo Spoke for Judge Closed Peebles—Mr. John D. for the Respondents. Shaw R. 8. Southerland and E.W. Kerr, * * of Clinton, and C. F. Carroll, of Wil- * * mington, wer discharged at noon at * * the conclusion of the habeas corpus * * hearing before Justices Connor, *' * Waiker and Douglas. Court ruled* * that Judge Peebles’ action in the* * case was unwarranted. * * * Teebl. Lumberton lawyers and Judge >’ contempt case attained its ut- most height today at noon when Asso ciate Justices Connor and Walker and Douglas agreed that Judge Peebles had no authority to attach Kerr,. Carroll and Southerland therefore ordered aiate release. The arguments and concluded a for contempt, and the prisoners’ imme- noon. Col. Judge Peeble: b^gan at 10 o’clock, few minutes before M. Argo spoke for and Mr. John D. Shaw made the closing speech for the re- spondents. The argument was utterly void of any personal feeling or pas sionate utterances, and only once (lur ing the entire proceedings was there anything like an approach, to a remark that might be so construed, and that was. hastily corrected by Judge Con nor, and there was no re-occurrence of Colonel Argo sain in part: “Inquiry was made yesterday afternoon as to whom 1 represent in this case. During the discussion of certain matters in the argument the counsel were frequently interrupted by ques tions. Judge Connor desired to know if tlie question as to the fact that the P^HHoners. Kerr, ('neroli and Souther- lauiC wore her in the active presence of the cour: was in the record.. Mr. Shaw replied, that the petitions were not filed in the actual presence of the court, and that the record does not state whether they were there or not. Colonel Argo said the point was im- is no protection for the helpless, no guarantee of the possession of the strong, no rule for the right, no simili tude, except in the full operation of the majesty of the law. The question involved here con cerns us directly, and indirectly the peace and welfare of everybody. The people receive their interpretation of the law from us primaril, and on us is the obligation imposed. “You are the mouthpieces of the law. The law speaks through the ju diciary and the judiciary alone. The judiciary are more powerful in determ ining tne condition of prosperity or misry, woe or happiness than any oth er. A member of the legal profession is elevated to a seat upon it, had im posed upon him the obligation to in terpret the law, he still is a man, and has his foibles. If a judge should err, and they err every day; err in con formity and rule, of propriety, forget they are the direct ministers of God and return to the' ordinary condition of man, it is not upon us to censure them. They need no censure. The judiciary ol North Carolina are as dig nified, conscientious and able to dis charge the duties conferred upon them as any men on God’s earth. “I will address myself briefly to the law involved in the case. They have said that, in the first case, Judge Pee bles haa no jurisdiction in the action, and state their reasons. This is a semi-criminal proceeding. It is an ac tion at law instituted for the purpose of ascertaining whether the respond ents are guilty of a punishable act. I cite our Code, section 1194. That' states our answers to the objection that the rule was brought in the wrong county. But Judge Peebles said if you say this is in the wrong county, I will move It to .Robeson county, thereby conforming to the law. In Cloud vs. Staton, 278-35, by virtue of the fact that he was holding court in Cumberland he moved it when request ed to Robeson, he complied with the law. "They say the parties should be dis charged because the court had no juris diction of tne subject matter, and therefore the court had no authority to punish as for contempt. ' That is not the right interpretation of the law. If he committed an error as to the extent of his jurisdiction that does not take from him the authority to save material, that respondents were constructively in court if not other wise. . Judge Conner desired to know ex actly how the record was. M.r. Busbee replied that at that time nimself from contempt. “The cases the other there is not one in which non question has arisen ment was not rendered side quoted this jurisdic- where judg- in the case the thro* county. Judge in en in Sampson Connor said that the counsel would be allowed to make it a matter of record, and to do this, if necessary, he would reach a conclusion by hav ing before him competent evidence, men who were actually in the presence of the court and could say whether the petitioners were there. He said that he desired to ascertain as a matter of fact, whether the petitioners were there. ers were noi A the piesence of Ju Ta reebles and that they could prove that they were not even in the county at the time, and that they had received absolutely no notice of the contempt proceedings, and that they knew noth ing about it until they were in the custody of the sheriff. Justice Douglas asked if they had any notice of the contempt proceed ings, and Mr. Shaw replied they had not. It was here announced that Judge Peebles admitted that the petitioners were not in his presence, and that he had no objection to the fact being made a part of the record. Justice Connor said that it had been admitted, that at the time of the con- teiii,,.. proceedings the petitioners were not in court, and had received no no tice of the proceedings. . After this briqf discussion ‘he argu ment continued witnout interruption. "On account of the unfortunate turns this case has taken under ill ad visement -there has been substituted, or an effort has been made to substi tute, Judge Peebles for the real re spondents in the case, so. that in effect not only Judge Peebles, but the whole judiciary of North Carolina, its pow ers, duties and authority are involved. "1 would not indulge in any unjust criticism of any of the lawyers in this itself. 1 find an authority which es tablishes the jurisdiction of the court in the main cause. The court may not have power to decide upon the merits of the case, but it did have jurisdic tion in wrongs passed in his court. Judge Peebles necessarily had the power, whether at the time he made an error in jurisdiction or not. They say that Judge Peebles had no jurisdic tion Decause of the wrong venue. I cite sections 654 and 656 and 648, on contempt, and in 105 and 110, 533, which exclude certain cases. But we have authority just the other way. The court must have some means by tak ing information. If there is visual or oral proof at hand, then there must be and affidavit, and the court receives it as sufficient. "They say the court had no jurisdic tion in this case, but I have said neces sarily the court did have jurisdiction in the main case. In this case, in ac cordance with the authorities, your honors will be convinced of the facts. “Direct contempt can occur only in the presence of the court. But one who disturbs —e good order of the court. But one who disturbs the good order of the court and progress of the court is But in this case Lucre is liberate contempt. The impedes the in contempt, the more de papers were case. They are members of the same •profession as myself. The certificate upon which they were admitted into the court as being administers of jus tice advocates of right the maintaining or the majesty of law, the relievers of the oppressed,^stamps them as mem bers of our glorious profession. But if 1 were so inclined the person whom I represent would forbid it. It is not Judge Peebles’ desire to gratify any malice 1 may have or ill will he may have. Mine would .be a feeling of dep recation, of regret, for the unseemly aspect. There is no safety but in the unquestioned majesty of the law. There intended to be read in the presence, but more than that, it is published in c-.e presence of the court in persuance of the authority of the court. Words are evanescent and pass away, but this is a more criminal and punishable crime. It is a record perpetuated. We are bound to accept the affidavits filed in his court to be true because the court requires it. But the judge says you have placed a stigma on my name that will go down in tradition. There could bo no contempt more criminal than to put in an affidavit gratuitously and put in the records of the court. There will be no question about the character of the affidavits.” Mr. John D. Shaw, for the respond ents, said he had nothing to say in criticism, but to address himself to the arguments in the case. “I am not here to prosecute Judge Peebles,” he said. “He has gone outside the record in undertaking to say the respondents were ill advised. 1 realize that the only question here is whether Judge Peebles rendered a legal judgment. I want to call attention to some facts about this. In the original it is head ed ‘North Carolina, Northampton county,’ and the rule is headed ‘North Carolina, Cumberland county.’ It could not have been regarded by Judge Pee bles as a hearing at terms, and he makes it out of terms. We contend that this other proceeding was vajn, because a judge outside of court can not punish as for contempt, unless ex- pressly authorized by law. There is no law in North Carolina which says these matters may be neard out of terms. When this case was moved it was not as stated by the counsel, but after the lack of territorial jurisdiction had been overruled. We make another motion in which we 'demand a change of venue, and that it should go to Robeson county, and he got blue and hot and white about it. On the 16th it was ordered that the respondents have time to mail their affidavits to aim at his home in Davidson county, where they were received by him. But before an affidavit was filed in this case, ana this appears in the record, after having filed the answer of the respondents, we demanded of Judge Peebles that he state the issues, and he refused, but afterward confusedly stat ed that it was probably the clerk’s duty, and after that he said that drunk enness was an issue. This has been a peculiar trial the petitioners have had in the court below. Unknown, unheard and unseen prosecuted for a criminal offense, but more than that, adjudged guilty without notice or hearing. Upon the recital .a the order itself Judge Peebles introduced the affidavits in tne original matter without being given an opportunity of being heard or tried by me court and the first they knew of the order they were prisoners. They were convicted in the midst of the trial of the question that was at issue. 1x6 had told us that if we had affidavits to introduce them now. And yet on the 26th of May Judge Peebles stops upon the question and renders a judg ment that he was sober and that the respondents were untrue. This ques tion is now open and is to be decided upon the 14th day of June./ He said ‘My drunkenness is an issue in this case,’ and the first man that swears on our side he serves order that he be put in jail. Counsel says we have act ed ill advisedly and have not given respect to rnw and authority. If we ask for a fair trial and hearing, are we asking for more than we have a right to ask? It cannot be possible. Judge Peebles does not want us to get testi mony o nour side of the question. The matter is this: judges like everyone else—there is no judge who should hope to be beyond critcism. We say there is absolutely no contempt com mitted by these affidavits. To start with, statutes all over the United States have been a restraint to punish for contempt, and contempt does not require any more than the laws of North Carolina demand. There is not a thing which of necessity should be done for which the law does not pro vide for and carry out. We say this is not a contempt. If these witnesses did make a false statement it is not a contempt. A judge cannot assume and ‘decide that a man is guilty of con tempt, even if the testimony is false, without a trial. We contend that if there is contempt here at. all it would be a constructive contempt or proceed ing as for contempt, and it would not be sustained by affidavit and rule is sues. Presence in court which makes a direct contempt must be more than a figurative presence. This case pre ¬ sents this trouble. Before they con vict, and yet the record shows there are certain facts wnich must exist, but as a matter of fact do not exist. There is a difference between a ques tion venue and a question or terris- torial jurisdiction. In this case this was not simply an improper venue, but a violation of territorial jurisdic tion. Tnese questions necessarily arise upon the questions we are discussing in this case. If this is contempt at all it is an indirect or constructive con tempt, and there must be a trial. I doubt whether an affidavit is sufficient, i think the petitioners aere before you are entitled to their discharge, but considering these questions of juris diction, some intimation should be made in regard to it. “I know of no other matters outside the brief to be presented uy the peti tioners here.” After tne conclusion of the argument by Mr. Shaw, Justice Connor said that the judges would retire to nold a con sultation, and would give an intima tion as to the course to be pursued. They were not out of the court room five minutes, and when they returned Justice Connor announced that the court had decided that in consequence of the fact that a number of interest ing and delicate questions had been ar gued the justices unanimously cnnsid- ered one question without a doubt, that the parties should not be detained any longer, and that they tnought the mat ter should be dismissed. The justices, said Judge Connor, are unanimously of the opinion that in a habeas corpus proceeding if a prisoner is found detained by an invalid rule, and without notice having been given him, then he is entitled to be dis charged, and ought to be discharged. The order will now be regarded as made that the charged. prisoners are dis- Justice Connor said that the court would take the briefs and consider them, and would later render its rea son for the course it had taken. The question further to be consid ered, continued Justice Connor, is the cost of the proceedings, and he called upon the counsel for information. After a brief discussion Justice Connor said that the question was not as to wheth er the prisoners should pay the cost, to’ whom should the cost be attached. He said that he would take the matter under consideration and submit the or der before 6 o’clock this evening.' (MB id ffiSlBW NAI AIDDASNEDON MSB TON was NIMI A THRILLING ESCAPE OF MEN ON BRIDGE (By Publishers’ Press.) Evansville, Ind., J ine 3.—Seven men haa a thrilling escape from death at Henderson, Ky., yesterday. The men, with tnree companions, were crossing a trestle when th' Louisville and Nashville passenger train came on the bridge. W. L. Stutz, of Adams, Ky., and Wiley Blackburn, oi’ Bluff City, were grounu to pieces, while William Scherer, of Carmi, Id., jumped, to the ground 50 feet below, and was instant ly killed. The other seven; slimbed dov— through the trestle -,A hung there till the train passed. j' WRITOHiABEAS CORPUS Associate Justice II. G. Connor this afternoon issued a writ of habeas cor pus to George T. Huff, the white man in Wake county jail cuarged with crim inal assault, returuUMe before Chief Justice Walter Clark Tuesday morning at 10 o’clock in the supreme court room. The petition, the lull text of which is printed below, gives cue account of a peculiar and unusual manner of a trial for this part o. the country, and is interesting. The to^owing is the petition: “NORTH CAROLINA—Wake County. “'10 the Hon. II. G. Connor, a justice of the Supreme Court of North Caro line: “The petition of the undersigned re spectfully showeth: "That affiant is informed and be lieves that George L. Huff is impris oned or restrained of his liberty in the county of Wake, sLid State, in the common ink hi ^h^/ju^tody of M. W. Page, sheriff of said* -county. “2. That the cause or pretense of such imprisonment or restraint is a warrant of commitment issued by Bar ham, a justice of tne peace in said county and State. “3. That a copy of said warrant’or commitment is hereto attached as part of this petition. . "4. That said imprisonment is illegal in that the said justice had no author ity or jurisdiction to issue the same, for the following reasons, to-wit: That the proceedings upon which the peti tion was committed' were irregular and contrary to law in that your petitioner was not protected by the court in his right to be heard in his own behalf. That one Charles Jones was in said court at the time of said hearing armed and that while your petitioner was about to give in his evidence in his be half or defence, the said Jones threw his hand to his hip pocket and ordered your orator to hush; that he was not going to allow any moTe of that sort of evidence. That the said Jones was armed with a pistol which your peti tioner saw, and several by-standers tnrew themselves in front of said Jones to keep him from using his pis tol. That the court seemed to be in timidated and failed to protect your pe titioner or the dignity of the court, and that for this cause your petitioner was deterred from giving in his evi- aence which woulu have been sufficient to convince the said justice of the peace that he was not guilty of the charge. That your petitioner is in- formeu and believes that the justice of tne peace aforesaid' has so expressed himself. “That the bail required of your peti tioner, who is a poor man, five hun dred dollars, justified, is excessive and your petitioner is unable to give the same. “Wherefore, your petitioner prays your honor that the writ of habeas corpus issue in this behalf. “This the 3d day of June, 1904. “GEO. T. (his X mark) HUFF.” “George T. Huff, being sworn, says that the foreging petition is true to his own knowledge, except as to those matters stated therein on information and belief, and as to those, he believes them to be true. “GEO. T. (his X mark) HUFF.” “Sworn and subscribed to before me this June 3, 1904. “(Seal) W. H. HOOD, J. P.” Hot Weather Specialties Business men and women take busi ness lunches at the Yarboro House Cafe from 12 to 2, 25 cents. Cafe com plete in every detail. Straw Hats, Panama Hats, Nainsook Underwear, Shirts, White Vests, Low- cut Shoes. / ■Agawas CONDITION SERIOUS CAUSED BY ATTACK (By Publishers’ Press.) Berlin, June 3.—A dispatch to the Magdeburger Zeitung from St. Peters burg says that the condition of For eign Minister Lamsdorff, who was at tacked a few days ago by Prince Dol- gorouki, is serious. The Prince, the dispatch adds, dealt ^ese blows on the Russian foreign minister’s head with a stick having steel knots on the end. Minister Lamsdorff bled .profusely and was un conscious when carried home. A second dispatch received today from the Russian capital says that the Prince has apologized to the foreign minister. The Czar, it is said, is going to ap point a commission to look into the mental condition of the Prince. It is also reported that Lamsdorff is about to resign. 'Isi 1^ RURAL DISTRICTS TO INCREASE LOCAL TAXATION Information blanks were sent to all the county superintendents by State Superintendent Joyner a few weeks ago requesting each to forward the same to all the teachers in his county, and after he had received the informa tion asked in these blanks to select ten of the best and forward them to the State superintendent. The blanks called for a report of the attendance of the pupils, the length of the school, the course of study, the number ol daily recitations, and the advaffi^anjent of the different classes. After exam ining these reports it was found that- the number of -daily recitations where all the public school studies were taught varied from ‘thirty-five to fifty- five for one teacher. Forty-five recitation^are heard in a period of six hdwfs, allowing on an average about eight minutes to the recitation, while a number of teachers are struggling wearily with a still larger number of recitations, devoting a correspondingly shorter time to each recitation. It is the object in North Carolina to improve these conditions that exist in probably four thousand white districts in the State, and Su perintendent Joyner says that the only way improvements can be effected is by providing more money with which to increase the length of the school term and the teaching force. The lim it of taxation has been reached in nearly every county in the State, and the only means left is by special local tax. In concluding the pamphlet contain ing the report, which is being sent out over the State, Superintendent Joyner says: “The preservation and improvement of the homes in the rural districts of North Carolina, where four-fifths of the people live, depend almost entirely upon the improvement of the. public schools of the rural districts. Unless they can be made equal in merit to the best public schools of the towns and cities and adapted to the needs of the rural districts, many of the best peo ple in the country will continue to leave the farms, thus drawing the wealth from the country to the towns that offer better opportunities for ed ucation. A good school in a prosper ous community is the surest check upon this continual migration to cities; and it is gratifying to give dence that the rural communities alive to this great question.” the evi are NO GLOSS CARRIAGE PAINT MADE will wear as long as Devoe’s. No oth ers are as heavy bodied, because De voe’s weigh 3 to 8 ounces more to the pint. Sold by Hart-Ward Hardware Company. ■ NOTICE! Copy for : (change of advertisements to insure insertion must be in the office by 10:30. This rule will be strictly adhered to. Call 333 FRED WOOLLCOTT JUDGE PRITCHARD RELEASED DANIELS Judge Pritchard Ruled that There Was No Founda tion for the Action of Judge Purnell and Or dered Release of Mr. Daniels. The Josephus Daniels habeas corpus hearing was begun before Circuit Judge Jeter C. Pritchard this afternoon at 3 o’clock in the Federal court room. Mr. Daniels and his attorneys were seated inside the bar, and as Judge Pritchard entered the audience rose. Marshal Dockery read the writ is sued yesterday by Judge Pritchard,- and stated that he produced the body ot Josephus Daniels and stated the reason of his detention. Jud^ Pritchard ained District At torney tokip^y what was the practice in the court, "Whether the returns should be in writing, and being in formed that it was, instructed the marshal to produce the return in writ ing. Mr. R. T. Gray read the petition, whicn was submitted to Judge Pritch ard at Alexandria, yesterday. Judge Pritchard asked if the attor neys Were ready to proceed, and en quired of the district attorney if he represented Judge Purnell. Mr. Skinner said that he did not re gard it his officitl duty to represent the judge, as he had not been notified to do so, and that as he had .been very busy during this term of court he had not prepared himself for the case. Judge Pritchard stated that the judge should be represented, and that he thought it was the duty of the dis trict attorney to represent him. Judge Winston asked if Judge Pritchard desired the record to be read and Judge Pritchard saia it was not yers and judges in North Carolina said directly after the order of Judge Pritchard was made: “This 'action, the first to he made by Judge Pritchard since he has ascended the circuit court bench, has distinguished Judge Pritch ard, as few judges have such ah oppor tunity, and he has won his way direct ly by this single act into the hearts and affections of North Carolinians. There was a great rush to Editor Daniels in the court room, and ne was congratulated by hundreds of people. Telegrams a congratulation are al ready pouring in. and tliere is general rejoicing throughout the’ State. negrIWIlled AT BALL GAME YESTERDAY Sherwood Hinton, a negro youth, killed Manley Wilder, another negro, at a game of baseball at the grounds yesterday afternoon, homicide occurred at 5 o’clock. fair The The necessary. Judge Winston then said that he would seek in a general way to estab- lish a minor proposition in the petition are true. that the facts “No evidence, said Judge Winston, ‘was taken ue- low, and none will be offered here. We would endeavor to show your honor from the highest authorities that your “We are aware of the fact that in hearing a habeas, corpus proceeding only jurisdiction matters will be heard by your honor.” Judge Winston cited several author ities and cases, but Judge Pritchard said that it was not necessary to dis cuss that phase of rhe case. Judge Winston said he thought it was plain, and proceeded: “We have the publication in the newspapers, the rule, the answer to the rule and the petition to your honor for a habeas corpus, and the facts are to be taken as true.” Then Judge Winston briefly re viewed the case from last Saturday, when the district special court ad journed, after the receivership order of Judge Purnell had been issued, and then Sunday, morning, when Mr. Dan- •els wrote the newspaper articles, un til the present hearing. Judge Winston then said he camo down to a consideration of the ques tion of jurisdiction. He cited a large number of authorities and cases, some of which were identical with the case at the bar. “It appears from every page of the record that the alleged of fense was not embraced in section 725 of the revised statutes, but was just the very opposite. The man who de liberately goes in the teeth of that statute, if that is law, does violence to the citizens just as a man who lays his bands on him does personal violence. And what ,s outside of that statute is annullity. When a judge has the pow er to punish for a misbehavior in his lourt, that is all the power that is necessary. At the conclusion of Judge Winston’s argument District Attorney Skinner Addressed the court in justification ol fudge Purnell’s rule. After the close of Mr. Skinner’s re marks Judge Pritchard said: “I have no question as to the sin cerity of the purpose of the distin guished judge in rendering the decis- on„ but after carefully examining sec- 1011 725 of the revisea statutes, I do not find any ground to support the ac tion. The defendant is therefore or dered released and this proceeding stopped.” No demonstration was allowed in the court room. This order of Judge Pritchard re leases Mr. Daniels from the $2,000 fine as well as gives him his liberty. One of the most distinguished law- murderer escaped and has not been heard from since. Hinton was one of the ball players, and Wilder was a spectator on the bleechers. The trouble grew out of the “-root ing” of Wilder, which caused a heated discussion between him and Hinton, which led to the lie being given, and f’^m this ,to swearing and cursing ^ach other, and this led to blows. Hinton ^u an advantage over Wilder, and fractured the latter’s sk ill with a base- ball hat. Hinton, perceiving the probable out come of his deed, fled and Wilder was carried directly to Rex Hospital, where he died this morning a few minutes before v o’clock. The officers were notified and imme diately began a search for Hinton, wnich is now being conducted on a larger scale. Sheriff Page has wired, all over the State to the authorities to keep a strong lookout for the negro and giving a full description of him and his habits. The following is the description of the murderer: Age 20 to 22. Weight 140 to 160 pounds. Height 5 feet 6 or 7 inches; inclined to be stoop-should- ered. bars, dives men. He slings ms arms when walk- Has no trade. Hangs around and is generally found in low with the worst class of lewd wo- Is a dark mulatto and at present his face is bumpy. Wilder was of the same age as Hin ton and was a young giant, being prob ably one of the strongest negroes in Raleigh. For several months he was an employee in the Times office, and was always found faithful and obe dient, and was well behaved and indus trious. HON. C. B. WATSON CON I RADICTS REPORT. It having been currently the streets that Mr. C. B. old soldier and one of the reported on Watson, an most promi- nent Democrats in the State, influ enced Mr. Glenn to sign the letter fa voring Governor Russell for chief jus tice, Mr. Armistead Jones this morn ing sent the following telegram to Mt. VV arson; “Raleigh, N. C., June 6, 1904. "Mr. Cyrus B. Watson, Winston, N. C. “It is reported here that you, an old Confederate soldier, induced Mr. R. B. Glenn to sign the letter to Governor Russell, asking him to become chief justice. This is being circulated to in fluence the primaries here tomorrow. If it is not so, please wire me the facts at once. ARMISTEAD JONES.’ Mr. Watson very promptly wired Mr. Jones as follows: “Winston, N. C., June 3, 1904. “Mr. Armistead Jones, Raleigh, N. U. “There is no truth in the report that 1 influenced Mr. Glenn to favor Govern or Russell for chief justice. Letter this evening. C. B, WATSON.” Meet me at the STAR LUNCH, J Best Way to Select We are still in business, not closing out, are selling goods at the- right price. Try us and wear the smile that won’t wear off. 108 East Hargett St. (We give Green Trading Stamps.) Is to leave the selection to us. Our styles and patterns are so large and varied that one is apt to become confused. If you cannot determine just what you want, tell us the kind of a room you wish to paper, and we will make a satisfactory choice for you. If you have made up your mind, we don’t force our opinion upon you WO THERS & UTLEY
The Raleigh Times (Raleigh, N.C.)
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June 3, 1904, edition 1
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