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ESTABLISHED 1887.
BIG LAW SUIT
_ One Handled and Fifty
Thousand Dollars
OR MORE INVOLVED
Jha Heirs of Jonas King Try to
Recover
THE DOWRY OF THEIR MOTHER
- Which includes the Magnifi
cienc Lytle Property
-AND THE BIG MASONIC TEMPLE
'Ttie Trial is Set For Tuesday Next and Will
Be B Afore Judge Hutchin.-, i n
Superior Court.
There is a case set for next Tuesday in
Floyd county superior court that will
prove of interest to a large number of
people in Rome, Atlanta. Cedartown and
Annistion as well as in other places where
parties interested in the suit reside.
It involves the titles to real estate va
riously valued at from $150,000 to $200,-
000. The defendants in the case are
Cherokee MasonicJodge, Harry L. Schle
singer, of Atlanta, Captain L. Lytle, J.
W. Lancaster and Hamilton Yancey,
jointly, the estate of M. A. Nevin, Hal
W. Wright, E. A. Colclough and Alex
ander Dougherty.
The suit is brought by the heirs of
Jonas King to set aside the deeds given
to the property to the present owners,
the plaintiffs claiming that the property
was a part of the life dowry of the late
Mrs. Jane A, King widow of Jonas King,
and that the sale was illegally made.
The heirs who appear in the decla
ration as plaintiffs are Henry C. King,
Mrs. Sarah H. Anderson, Mrs. Nanny
A. Carrett, Mrs. Jennie Messenger,
John M. King, of Cedartown; Mrs.
Addie Markham, Miss Marietta Ross,
Charles K. Ross, Mrs. 'Luella Taylor,
Mrs. Mary J Janes, Mrs, Orie Anna
Coppedge and W. C. Hill. They are
the children and grandchildren of
Jonas King, who was one of the
wealthiest men in North Georgia at
the time of his death in 1858. He
owned the 160 acres of land on which
a large portion of the Fifth ward has
since been built, i: eluding tho cele
brated Lytle spring and the beauti
ful natural park adjoining it, the
Masonic temple property in the heart
of the city, the photograph gallery
owned by Lancaster and the livery
stable and other property adjacent,
owned by Nevin, Wright, Colclough
and others, and the property on East
First street, including some of the
handsomest residences in that part of
the city.
Os course at the time of his death
the property had not been so highly
improved and was not so valuable.
The lot on which the temple has been
erected was worth about $5,000 then
and it is now worth $50,000, and the
same applies to the other property.
When Jonas King died in 1858 he left
nine heirs besides his widow. Her
dower was set aside in the usual man
ner. His eldest son, William A King,
was killed in the war and was unmar
ried so that his share reverted to the
surviving heirs.
Besides the land which is now made
the subject of litigation King owned
nearly 2000 acres of land in other por
tions of the county which was sold
and the proceeds distributed among
the heirs of the estate. The dower
was laid off by commissioners appoint
ed by the court, Samuel Mobley,
Gabriel Jones, George S. Black, John
R. Freeman and Alfred Shorter, all
noted men in the history of this sec
tion of the state who have now passed
to their reward.
That was in 1860 and for thirty
years the widow lived and enjoyed the
.proceeds of her rich dowry.
In the meantime, however, she sold off
the property, the heirs acquiescing in
the sale of a good deal of it at least, as
will be shown at the trial. The estate
of J. J. Cohen, father of Mrs. Harry
Schlesinger, came into possessien o’a
THE ROHE TRIBUNE.
THE ROME TRIBUNE, ROME, GA., SATURDAY, NOVEMBER 21, 1896.
largejportion**of Ma
sonic lodge purchased at the sheriff's
sale of the property sold by Mary A.
Cleaves, administrator of the estate of
Turner A. Cleaves, who had come into
possession of a portion of the city
real estate, the site on which the tem
ple was built.
Mrs. Jane King died in 1890 and
then the heirs brought suit for the
recovery of the property on the ground
that the widow had only a life interest
in the dowry and that she nad no
right to make a sale of any portion of
it. The defense will set up that the
consent of the heirs was obtained for
the transfer of the property, and that
the present owners are in valid pos
session of it under the titles legally
drawn from the former owners.
There is a legion of lawyers em
ployed in the case which bids fair to
become a case celebre. Lytle is rep
resented of Col. Halsted Smith, Judge
Max Meyerhardt, and Reece & Denny;
Cherokee lodge by Judge Meyerhardt;
Hal M. Wright by himself and Hos
kinson & Harris, bis property being
on East First street; Yancey and Lan
caster by Judge Joel Branham; A.
Doughery, property on East First
street, by Alexander & Hillyer; the
Nevin estate and Colclough, by Row
ell & Son, Reece & Denny and Hon.
J. B. Nevin, and the King heirs, plain
tiffs, by Col. E. N. Broyles, of Atlanta,
Col. Mundy of Cedartown, and John
M. King, of Cedartown.
Judge Henry being disqualified
Judge Hutchins will preside in the
trial of the case. Every inch of
ground will be stubbornly contested
and if the heirs should be able to set
aside the saie of the property by the
widow the result would prove disas
trous to a number of innocent holders.
Much of the Lytle property has been
sold off and improved and some of
of the most elegant residences in
South Rome are located on portions
of the old dower.
The defense will produce a large
volume of evidence, however to show
that the sale was in accordance with
the law and the holding are perfectly
legal.
The plaintiff’s claim that L Lytle,
against whom the suit is directly
brought has been enjoying rentals to
amount of SSOO a year ever since the
death of Mrs. Jane King in 1890 to
which he is not entitled by law be
cause of his title being valid. The rentals
of the other property involved in issue of
the trial would run away up into the
thousands so that the case is ohe of in
terest to a great many people.
THE ARBUCKLE TRAGEDY.
Three Additional Arrests Made In Con
nection With Den verity’s Death.
New York, Nov. 29.—The Central
office detectives have made three addi
tional arrests in connection with the
death of Frank P. Arbuckle of Denver.
The prisoners are George Stevens, a
saloonkeeper; Joseph Davidson, a
stenographer, and Frederick Menger, a
bartender. The men are said to have
been with Arbuckle on the night be
fore his death.
The investigations of the detectives
disclose the fact that on Wednesday
evening Arbuckle was in Luchow’s sa
loon at Fourteenth street and Irving
place in company with the three men
named. Stevens was the first to be
'taken. Heat first denied having been
‘in Luchow’s saloon with Arbuckle. As
;he was talking to Captain O'Brien, a
i detective walked in with David sou.
; Davidson at once recognized Stevenson
■ and said to him:
I “Hello, are you here in this case,
. too?' ’
! Stevens, according to Police Captain
< O’Brien, seemed nettled. When David
-1 son was searched one of Mr. Arbuckle’s
. cards was found on his person. David
, son admitted he met Mr. Arbuckle
• Wednesday night, and he is said to have
' arranged a meeting for Friday. This is
why Mr. Arbuckle had given him his
card, he said.
After his story was told, another de
tective walked iu with prisoner Menger.
All three then admitted having seen Ar
buckle in Luchow’s saloon on Wednes
day night. They denied, however, hav
(ing gone up town with him. Menger
said that Stevens was trying to get Ar
! buckle to go to Harlem with him, “to
igo against a brace gambling game.” He
I did not know whether Stevens had suc
ceeded in getting Arbuckle away. The
three prisoners were arraigned in the
I Harlem police court.
A NEW SPECIES OF SHEEP.
Iteault of Experiment. Conducted at the
University of California.
| Berkeley, Cal., Nov. 20.—The agri
cultural department of the University
of California is raising a new kind of
sheep. The superintendent of the ex
periment station at Paso Robles _has
succeeded in breeding a variety of sheep
that will mean much to the wool and
meat markets. It is the result of cross
breading of Persian and Merino. Ex
periments along the same lines, though
not so complete, were conducted by
George Washington with marked suc
cess.
Two years ago three fullblooded rams
were received from the Persian govern
ment and the experiments were com
menced in cross breeding. The off
spring resulted iu a variety admirably
adapted to the California climate, show
ing wool quid meat above the quality of
any yet obtained. They were colored
white, reddish brown and black, the
black being held especially valuable for
commercial purposes. The wool was of
a texture between the Persian and Me
rino, the average length being eight
inches.
Recently the first sample of the wool
was offered for sale in San Francisco
and brought an advance of 4 cents on
the usual price for a pound. The new
species attained a tremendous size and
ajje broad backed-
DID HE RECEIVE A TIP?
Mitchell’s Cail For a Convention is
Significant.
GOVERNOR SAID TH BE AROUSED
A Great Sensation Going on
Down in Florida
SOUTHERN PORTS FEAR OF D\NGER
Believed That He Ha, In HI, Possession
Information Regarding Cuba That Has
Awakened Him to the Danger That
Would Menace Southern Ports In Case
of War With Spain.
Pensacola, Fla., Nov. 20.—Governor
Mitchell’s address to the governors of
all the northern and western states, ask
ing them to attend a convention to be
held at Tampa, Jan. 20, to discuss plans
for the defense of southern harbors, is
construed to mean that he has received
information regarding Cuban affairs
that has aroused him to the danger that
would menace the ports of Florida in
case of war with Spain.
This view of the case is strengthened
by the recent arrival at Tallahassee of
Captain Thomas M. Woodruff of the
Fifth infantry, who has been detailed
by the war department to instruct and
report upon the condition of the Florida
state troops, which are now a part of
the country’s national guard.
That an active step is about to be
taken by the president in Caban affairs
is firmly believed by many people in
this section.
Under the supervision of Major F. A.
Mahan, United States Engineer Corps,
who is in charge of this district, work
on the new defenses of Pensacola har
bor is being vigorously pushed. This
work consists of an immense battery for
four large disappearing guns, and a bat
tery for seacoast mortars that is being
erected on Santa Rosa island, one and
one-half miles east of historic old Fort
Pickens.
The guns ou these batteries will have
a clear sweep of the open gulf and the
channel at the entrance to the harbor.
A submarine casement has already been
completed inside of Fort Pickens, by
means of wuich torpedoes can be ex
ploded by electricity in the channel.
General Craighill, chief of engineers,
came from Washington and spent one
day last week here in company with
Major Mahan inspecting the work on
the new batteries. Since his departure
there lias been an increased activity in
every department, and it is learned that
a force of nearly 200 men will be worked
day and night during the next two
months.
Besides the batteries on Santa Rosa
Island, it is planned to strengthen Fort
Barrancas, where the troops of the First
artillery are stationed, by more modern
guns and a new battery.
Major Mahan is a most intelligent and
energetic officer. Under his supervis
ion a new and straight channel is being
dredged across the bar at the entrance
to this harbor. This channel will be
1,000 feet wide and will have a mini
mum depth of 26 feet and a maximum
depth of 33 feet.
Witli the appropriation of $200,000
made by the last congress for this har
bor Major Mahan is having what he
considers will be the most powerful
dredge in the country built to Complete
the channel and keep it in condition.
The fact that this is the greatest tim
ber and lumber shipping port on the
gulf and the key to the interior has fto
doubt caused'the government to be on
the alert to strengthen its defense. Pen
sacola will soon be able to withstand
almost any hostile demonstration.
both sides Tired of war.
Humored on the Island of Cuba That a
Truce Will Soon lie Proclaimed.
Key West. Nov. 20. —Advices re
ceived here from Cuba by the steamship
Whitney cast discredit upon the state
ment that the campaign of General
Weyler against Antonio Maceo in the
province of Pinar del Rio has failed and
that Weyler will shortly return to Ha
vana. It was stated on the contrary
that Weyler has no intention of return
ing to the capital until he shall have
exhausted every effort to compel Maceo
to meet him in a pitched battle.
When last heard from the Spanish
commander was marching his forces for
an attack upon the insurgents. The
latter are said to number only 20,000
men, all told, and they are reported to
be suffering from a scarcity of provis
ions, etc. Maceo is awaiting reinforce
ments, aud, in this connection, news of
the whereabouts and doings of Maximo
Gomez are awaited with much interest.
While Weyler’s present campaign is
regarded in Havana as marking a crisis
in the war, it is whispered that at the
conclusion, if any pitched battle is
fought, a truce may be proclaimed and
arrangements made for a conference
with the insurgent leaders and repre
sentatives of Spain looking to a settle
ment of the war.
This is most significant as showing
that all classes are utterly tired of the
war and its burdens and longing for
some way out of the present difficulties.
Ivory Committed For Trial.
London, Nov. 20.—At Bow street
court Edward J. Ivory, alias Edward
Bell, the alleged Irish-American dyna
miter of New York city, charged with
conspiring to cause explosions, was
formally committed for trial at the next
session of the criminal court.
CONATY ■ APPOINTED
Succeeds Keane as Rector of the
Catholic University.
POPE MAKES THE ANNOUNCEMENT
I Have Striven On Every Occas
ion For Peace
LOVALIY TO CHURCH AND COUNTRY
Leo FIIH a I'naitton Which Has Been
Vacant. Since Sept. 29—Au Interview
With Aat oil! Itegardh.g Sensational
Stories About t'ardlnal Gib
bons, Attlibiiliop Ireland and Others.
Baltimore, Nov. 20.—The Sun’s cor
respondent at Rome cables as follows:
“Rev. pr. Thomas J. Conaty, rector
of the Church of the Sacred Heart,
Worcester, Mass., has been appointed
'"x
REV. DR. T. J. CONATY.
by the pope rector of the Catholic uni
versity at Washington, D. C., to succeed
Bishop John J. Keane, who resigned
Sept. 29, 1896.”
The Sun’s correspondent in Rome has
interviewed Cardinal Satolli iu relation
to the reports published in this country
concerning Cardinal Gibbons, Arch
bishop Ireland and others. He writes
of them as follows:
“I then drew his attention to the re
ports and rumors which had been made
about him immediately after Bishop
Keajie’s resignation of the rectorship of
Washington university and the part
that -beds said to have payed in It. His
attention was also directed to thffChatrge
that was said to have somewhat sud
denly come about in his attitude toward
certain members of the hierarchy.
“The various phases and the full de
tails of these rumors which are so well
known to those who have followed the
polemics that arose on this question in
the United States during the last few
weeks, were evidently quite unknown
to him. The clippings which I had
made ol them from American journals
appearing between Oct. 6 and 12 were
then presented to him for the first time.
After glancing rapidly over the head
ings, he said:
“ ‘You may say that, having seen the
cardinal (Satolli) and having spoken to
him of these reports which have ap
peared in the newspapers concerning
the matters to which you have just
drawn his attention, he says solemnly
that they are wholly devoid of foun
dation.
“ ‘Such as he has been heretofore, and
such he is and shall continue to be, in
respect to the United States.
“ ‘As representative of the Holy Fa
ther he has striven to rise and considers
he has succeeded ip rising, above all
differences and personalities.’
“And then, forgetting for a moment
the formal method of utterances which
he had been employing, he spoke in the
first person singular, saying the follow
ing words:
“‘I have striven on every occasion
for the peace and the common weal of
the church and country. ‘Loyalty to
the Church and the Country,’ which is
the title of my book, has ever been my
motto.’ ”
DEMAND REPRESENTATION.
Indians Want a Delegate In Congress Who
Will Secure Remedial Legislation.
Washington, Nov. 20.—Good effects
from the recent elections in the Chicka
saw and Choctaw Indian nations in In
dian Territory, which resulted favor
ably to the friends of allotment, are
predicted in the annual report made to
the Indian bureau by Agent Wisdom,
in charge of the Union agency, embrac
ing the five civilized tribes. He says
the results cannot do otherwise than
materially affect public sentiment
among the other tribes, all of them hav
ing heretofore stood solidly against the
allotment of their lands. A similar re
sult. it is predicted, could be obtained
in the Cherokee nation if a fair vote
was had in which the full bloods could
express their sentiments at the polls.
Many people of the Indian Territory,
both citizens and noncitizens, now ad
vocate the election of a delegate to con
gress who could properly explain the
existing conditions and secure remedial
legislation. This question doubtless
will be presented to the next session of
congress. The report arraigns the ac
tion of past congresses in the following
conclusion:
“Notoriously, much of the legislation
in behalf of the Indian country has been
controlled by members of congress from
the states on its borders, and it is not
saying, too mu-.-U to state-that selfish iu-
retests have swayed some said menlbers
and legislation has been enacted that
rather promoted the interests of. them
selves or friends, instead of the Indians.
Congress, as a whole, does not under
stand the Indian question, or is indiffer--
ent to it, and hence much of the legisla
tion affecting this country is practically
in the hands of a few men who are not
always wise in their day and generation.
The election of a delegate would be
much cheaper and more economical for
the Indians themselves and would not
require them to send from each tribe
large delegations to secure such legisla
tion as they think they need and to pre
vent such legislation as they do not
want. It is an anomolous condition of
affairs that 300,000 people should live in
a republican government without rep
resentation in our national forum.”
W &W.STOCKHOLDERS MET.
They Elected Officers and a Board of Di
rectors For the Ensuing; Year.
Wilmington, N. C., Nov. 20.—The
sixty-first annual meeting of the stock
holders of the Wilmington and Weldon
railroad was held at the company’s
offices in this city. The following offi
cers were elected for the ensuing year:
President, W. G. Elliott; vice president,
H. Walters; directors, B. F. Newcomer,
11. Walters, M. Jenkins, J. P. McCay,
Baltimore; H. B. Plant, New York;
George Howard, J. W. Norwood, Dr.
A. J. Derosett, E. B. Bront, W. H. Wil
lard, North Carolina; secretary and
treasurer. James F. Post, Jr.
The following executive officers were
subsequently named by the directors:
General manager, J. R. Kenly; super
intendent, John F. Divine; traffic man
ager, T. M. Emerson; general freight
and passenger agent, Horace M. Emer
son; general auditor, W. A. Riach; en
gineer of roadway, E. B. Pleasants; su
perintendent of transportation, Edwin
Borden; master mechanic, John Bishet;
master carbuilder, J. H. Davis.
Subsequently a meeting of the stock
holders of the Wilmington, Columbia
and Augusta railroad was held. That
road being under lease by the Wilming
ton and Weldon, the same board of di
rectors and the same officials as given
abov for the Wilmington and Weldon
railroad were elected for the ensuing
year.
THE FRAZER MURDER CASE.
Famous Trial Comes to an End at Eureka,
Kan.—Story of the Tragedy.
Eureka, Kan., Nov. 20.—The notori,
ous Frazer murder case came to an end
when the jury rendered a verdict of not
guilty as to defendants—Lichligother,
Cox and Mcßee, which also disposes of
the charges against several other de
fendants wbo had demanded separate
trials. Ou motion of the county attor
ney, the case against F. S. Olney,
charged with the murder of Gibsou,
Frazer’s partner, was also dismissed.
John S. Frazer and W. B. Gibson,
drovers of southern Kansas, incurred
the enmity of a large number of cattle
men by bringing into Kansas cattle
from south of the Texas fever line. Both
were brutally murdered in the year
1891. Frazer’s body was found in his
parlor, having been stabbed nine times.
Gibson was murdered in a hotel at Mo
line, Kan. Over a dozen drovers were
arrested as a result of the two murders.
Upon the first trial of the men just ac
quitted the jury disagreed,
A Conspiracy to Murder Kentuckians.
Russellville, Ky., Nov. 20.—0 n the
night of Oct. 24 Arch Proctor, aged 20,
stabbed Aaron Crofton to death in
Adairsville, this county, and seriously
cut his brother, Dock Crofton, at t' e
same time. The latter was up walking
around Thursday, but died at midnight.
Two days ago lie made affidavit that W.
B. and R. G. Proctor, together with
Arch Proctor, son of R. G. Proctor, had
enterpjl into a conspiracy tg murder him
and his brother Aaron. The Proctors
are all in jail here. W. B, Proctor is
of fh§ jnen whq was tried, charged
With having lynched Ed Trautberg,
bear Adairsville, several years ago. He
was recently tried three times on the
charge of murder and each time ac
quitted.
Prominent Carolina -'lawyer Missing.
Winston, N. C., Nov. 20. —J. B. Bux
ton, a prominent lawyer of Wilkesboro,
is missing. He disappeared from home
a few days ago and some very unpleas
ant developments have since been made.
A warrant has been issued for his arsest
charging him with forgery and embez
zlement, signing the certificates of the
countytourt clerk and register upon a
mortgage deed by which he obtained
money from A. L. Richardson of New
York.
Impersonating a Minister Is * No Crime.
Raleigh, Nov. 20.—The supreme
court holds that a private citizen imper
sonating an ordained minister, who sol
emnizes marriage between men and wo
men, is guilty of no crime, either at
common or statute law. The case comes
from Pender county and persons thus
married are satisfied and are living to
gether as man and wife. The defend
ant impersonated a Baptist minister.
A jury found him guilty, but he was
discharged, judgment having been ar
rested by the judge. The solicitor ap
pealed, but is not sustained by the su
preme court.
Mayor Waters Is Acquitted.
Hot Springs, Ark., Nov. 20.—Mayor
W. W Waters has been acquitted of
killing Harry Martin, a hotel drummer,
last May. The jury was out but a short
time, when it returned a verdict of not
guilty. Waters kdled Martin in a street
fight, caused by an assault upon the
former on account ot an accusation that
he had violated his promise to protect
the drummers in the event of his elec
tion to the mayoralty.
PRICE FIVE CENTS.
TOOK POISON!
J. M. Hooper Attempts
Suicide Last Night
NO REASON GIVEN
He Writes A Litter To The Tribune For
Publication
REGISTERED FROM FLATWOODS-
Took a Half Dram of the Deadly
Poison and Slept.
HAD A ROOM AT THE CENTRAL HOTEL
A Porter Could Not Arouse Him and
Gave Ihe Alarm at Once - His
Condi ion at Midnight*
J. M. Hooper was found in his room
at the Central Hotel last night about
7:30 o’clock unconscious from the
effects of an overdose of morphine.
The drug had been taken with
suicidal intent and an empty vial on
the mantel from which a drachm had
been taken told the story.
Hooper was found by Jim, one of
the bell boys, who went to call him,
and receiving no answer to his re
peated knocks pushed the key out of
the lock with his pass key aud opened
the door.
Hooper was lying on his bed in his
nightclothes breathing heavily.
Mr. Gomez was notified, a physician
was called and Dr. D. T- McCall res
ponded.
Remedies were promptly applied
and with the aid of several men
Hooper was kept walking up and
down the floor for several hours.
A search of the room revealed a let
ter addressed to the Tribune which
read as follows-
i
The Lefer.
November 20th, 1896.
To whom this may concern: This is
to certify that lam J. M. Hooper, has
decided that death is better than life,you
' all may say that I am insane, but its alt a
mistake. I have had enough of this
troublesome worlds affairs, lam tires
of life, mother and father don’t take thid
to heart for I will pass away into a bettef
world. I have more than I can bear so
let me go. Please publish this for my
benefit. lam perfectly rational, you wilj
take what Itttlc money I have for burial
expenses and collect two dollars from
brotheP William. Friends and relative
farewell one and all for lam in a better
place than this troublesome world. Edi
tor The Tribune show this to my mother
and father. Publish this please. My
watch will you keep. J. M. Hooper.
Hooper went to the yesterday,
about 10 a. m., asked for a room ana was
assigned to No. 32 on the first floor in
the rear.
He asked to be called at eight last night
and the bell boy did so about 7:30 with
the result as detailed above.
He bad $19.01 on his person also a fine
gold watch. The letters papers and tele
grams in his coat pocket showed that he
had been guarding convicts at Huntsville
Texas.
One message dated October 18 at
Conroe, Texas, and received at Sar
tartla, Texas, by him read “Send me
sls at once. Answer.” Signed W.
H. Hooper.
He registered from Flat woods, and
it is thought that from the way his
letter was worded bis father and
mother live out there and that he is
receiijtly from Texas.
He was not drinking, and last night
no reasonable theory could be assign
ed for his rash act, further than can
be inferred from his letter to The
Tribune. As we go to press he was
still alive, though no great hopes were
entertained for his recovery.