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ESTABLISHED 1887.
W. M. BRIDGES WILL
GET ANOTHER TRIAL
Supreme Court Reversed the Judgement of the
Lower Court.
DECISION SAS HANDED DOWN YESTERDAY
It Covers Six Points of Exception to
the Trial in the Floyd County
Superior Court.
Atlanta, Nov. 15 —The supreme
court today handed down its decision
in the case of W. M. Bridges, of Floyd
• county, and reversed the judgement
of the lower court.
The decision in full was as follows:
Bridges vs the State, before Judge
Henry, Floyd superior court:
First—Under section 929 of the penal
code, the indictment in the present
■case was sufficiently accurate in its
averments to withstand the demur
rers general and special, were named
by the defendant.
2nd—Whereupon the trial of a
felony case it becomes necessary to
• complete a panel of jurors, talismen
may be supplied either by summon
ing persons regularly drawn by the
judge for that purpose, or without
their being drawn, the sheriff by di
rection of the judge may summon
them from among persons authorized
bylaw to serve as jurors.; In the latter
case the law devolves upon the sheriff
alone the duty of selecting the per-
. sons so qualified, whom he will
summon and it is error for the trial
judge to indicate in any manner to
him the persons whom be shall so sum
mon. Therefore where is a county in
which a superior court continues in
session longer thau one week and at
the commencement of the second
week the judge causes full panels of
. juries to be organized from the per
sons regularly drawn and drawn for
that week, that is error for him to di
' rect the clerk in making up a panel
of forty-eight jurors for the trial of
such a case to include in such panel
jurors who had served during the
preceeding weeks and whom the judge
had directed to report for duty during
the week in which case was being
tried, such persons having been neith
er regularly drawn as talismen by
the judge not t regularly summoned
bv the sheriff.
3rd —Upon the trial of one indicted
for the offense of embezzlement it is
competent for the state, after showing
the receipt by the accused of the public
fund alleged to have been embezzled
and his failure to account for same, to
introduce evidence that at or before the
time of the embezzlement was alleged
to have been committed, the accused
was pressed for money and resorted to
devious methods in order to obtain it,
that he gave false accounts as to the
disposition of the money so entrusted to
him, and in making such account had
endeavored to conceal the real state of
affairs by forging and uttering receipts
and other papers which were presented
-* by him as vouchers. Such evidence is
admissible not as direct evidence of the
unlawful conversion, but as showing
circumstances from which the jury may
draw such inferences as they may be
lieve the circumstances to prove would
authorize.
4th—Under the provisions of section
1402 et seq of the political code since
the act of the general assembly approved
December 13, 1894 went into effect that
portion of the state school fund which
is devoted to the maintenance of the
F public school system in the city of
Borne is not the property of the county
■of Floyd and the county school commis
sioner of that county has no authority
in his official capacity either to receive
or disburse it and hence an indictment
alleging that such officer had embezzled a
** certain sum of money which was alleged
.thereinto be the property of the county
THE ROHE TRIBUNE.
by evidence that he had received and ap
propriated a fund belonging to the city
of Rome and it was error for the judge
so to charge the jury, As to such funds
however, as may have come into his
hands from that source prior to the pass
age of the act above referred to the
ownership was well lain in the county
of Floyd.
sth—Where an indictment alleged that
upon a certain date and upon divers days
between certain dates the accused embez
zled a certain fund with which he was
entrusted, a receipt signed by him be&r -
ing date subsequent to the date first
alleged and prior to the finding of the
indictment was admissible and was prima
facie evidence that he had received the
fund therein described upon the day
named in the receipt. Such a receipt,
however, is subject to such parol explan
ation as the accused might be able to
give concerning the transaction.
6th—Other than as above ruled no
substantial error was committed upon
the trial.
Judgment reversed, all concurring.
J. Branham, J. W. E»ving & Revell
for plaintiff in error.
Moses Wright, solicitor general, and
G A. H. Harris, contra. i
HUNDREDS IN HOSPITAL
Few Spanish Troops Are Fit to Continue
the Fight.
New York, Nov. 15.—A dispatch io
The Herald from Havana says: Much
incredulity is expressed publicly as to
the ability of the government to per
suade or compel the grinders to resume
planting and to afford protection. The
action of the insurgents does not seem
to have been taken into consideration
and without their consent for an ex
change of tribute, no amount of gov
ernment protection can avail to prevent
the burning of cane. Renewed work
of incendiarism is said to have begun.
Smoke is seen rising to the southwest of
Havana, distant apparently about 20
miles, and it is reported that the rebels
are burning plantations.
Application of the decree of amnesty
■till hangs fire. General Blanco is anx
ious to get the American prisoners off
sis hands, but is fettered by red tape,
the Competitor prisoners being in the
hands of the naval authorities, and
many formalities must be gone through
with before they are released. It is ex
pected, however, they will soon be at
liberty. Louis Someillan, who is a
prisoner here, is in the same predica
ment, being in the hands of the civil
authorities. There are only two other
Americans in Santiago de Cuba and
their release has been ordered.
General Blanco’s investigations into
the condition of Spain’s army in Cuba
have already revealed a deplorable con
dition of affairs. Not only are frauds
in connection with the payment of
troops brought to light, but proof is be
ing obtained that of the 200,000 men
sent to General Weyler, only a small
percentage are now fit for active ser
vice.
The towns are garrisoned principally
by convalescent soldiers, too weak in
many instances to offer more thau a fee
ble resistance to the attack of rebels.
One of the first army surgeons says
that one of the most difficult tasks of
the new administration will be to care
for Spain’s ill troops. In not one of the
hospitals of Havana, for example, is
there any available beds. Ou Nov. 6
the military governor of this city re
ceived a message to the effect that
500 ill and wounded soldiers were on
their way to Havana by the Matanzas
railroad.
He communicated this fact to the
hospital authorities only to receive the
reply that it was absolutely impossible
to receive another man.
The military commander in Guinese
reports that patients in the military
hospital there are entirely without med
icines and other necessaries and that
the food supply is ehtirely inadequate.
The small hospital fund, he states, is
long since expended and large amounts
are owing to shopkeepers. Proprietors
of stores have notified the hospital au
thorities that they will not furnish any
more goods on credit. In other townr
tfip of affairs is similar.
ROME. GA., TUESDAY. NOVEMBER 16, 1897.
FIRST GUN FIRED
Battle On State University
Begins.
Speaker Jenkins Precipitates Fight
By Introducing a Reso
lution.
Atlanta, Nov. 15.—The first guns of
the fight on the state university were
fired iu the house when Speaker Jen
kins introduced a resolution providing
that the general assembly iu joint ses
sion hear the trustees of the university
I on the criticisms which have been made
Os the managemeut of that institution.
This was objected to by Mr. Blalock
and ex-Governor Boynton of the com
mittee, whose report recommends the
withdrawal of the agricultural funds
from the university. Speaker Jenkins
and Mr. Slaton of Fulton replied with
spirit, saying it was a sorry day when
Georgians refused a hearing to public
servants. v
Mr. Blalock declared his willingness
to give the trustees a hearing, but in
sisted that it be done in committee of
the whole where the trustees could be
questioned by members of the hotise.
His substitute was accepted by Speaker
Jenkins and the debate closed.
The resolution of Speaker Jenkins
was brought on by a message read in
the house from the governor including
a letter from N. J. Hammond, president
of the board of trustees, asking for a
hearing before them.
At Mr. Calvin's request, the bill to
require the branding of mixed flour
aud the bill to authorize disabled and
indigent veterans to engage in business
without license, were made the special
order for Friday morning at 10 o’clock.
Mr. Henderson’s bill to incorporate
the town of Ocilla, in Irwin county,
was passed.
Mr. Watkins of Gilmer had the bill
for the election of judges aud solicitors
by the people made the special order for
Friday.
A message from the governor com
municated to the legislature the request
of the trustees of the state university,
through President Hammond, for a
hearing on the measure affecting that
institution.
In the senate no business of import
ance was transacted. No new bills
were passed or introduced. A message
from the governor similar to the one
read in the house was read iu the sen
ate.
Senator Shropshire of the Forty-sec
ond district, in a speech, roasted Tbe
Constitution for au article printed in
that paper in reference to the convict
lease system.
Senator Shropshire stated that the ar
ticle would tend to cause a dissension
between the two bodies of the legisla
ture and that he did not approve of the
papers printing anything that would
likely terminate in that direction.
DESPERADO RIDDLED.
Dead Body Found By Citizens of Gyp
gum, Ga.
Gtpsum, Ga., Nov. 15,—Citizens of
this place were startled last night by a
fusilade of shots were surprised to find
this morning the dead body of Jeff Ruff,
an ex convict and desperado, lying in the
road riddled with bullets. He had re
cently committed several thefts and high
way robberies.
TO MEET IN ATLANTA.
Southern Cotton Growers Will Convene
In Atlanta Dec. 13th.
Atlanta, Nov. 15—A convention of
the Southern Cotton'Growers has been
called to meet here on December 13th.
It will be one of the largest conven
tions Southern cotton men ever held,
and will probably prove the most im
portant.
The Civil Service to Be Tested.
Atlanta, Nov. Jo. —The Journal says
Major W. K. Smyth has appointed Mr.
E. T. Blodgett assistant postmaster,
and requested the resignation of Major
James M. Cbuper, the present incum
bent. Major Oouper will step out pend
ing the decision of the civil service com
mission. If their report is favorable to
him he will be reinstated witnout ques
tion. Major Smyth says: “The law
will be upheld.”
Three New t'ases >n Mobile.
Mobile, Nov. 15. —New cases: Leah
Smith, South Carolina corner Law
rence; Henry Jones, a negro, blO North
conception; Bruce Hayes, 54 South Con
ception. Recoveries: Sister Loretta,
Oharles McKeough, Jphu Pratt.
Savannah Lift. Quarantine.
Savannah, Nov. 15.—Savannah has
raised all yellow fever quarantine and
every quarantine officer has been or
dered in. Railroad schedules have been
resumed.
rive New Ca-e- of Fever.
New Orleans, Nov. 15.—There were
five cases of fever aud one death re
ported at the board of health up to I
pi m.
Sugars Receives sentence.
Decatur, Ala, Nov. 15. —Jess Sug
ars, the negro murderer of Jackson
Orr, who was convicted Thursday, has
been sentenced to hang on Dec. 81.
O’QUINN IS
ON TRIAL
Charged With Killing
Officer Pontier.
TAKE THREE DAYS
To Try Valter O’Quinn—Steinau and
Simon Will Come Alter.
JURY SECURED WITHOUT TROUBLE
Several Witnesses Testified
at Yesterday Proceedings.
TRIAL ATTRACTS MUCH ATTfNTION
Men Charged With One of the Most Bru-
tal Crimes of the Year Are Brought
Speedily to Bar of Justice.
Atlanta, Nov. 15.—At 9:30 Walter
O’Quinn, L. Stieuau and JuLus Simon,
the three men who are charged with
the murder of Patrolman Ponder on
last Monday night, were brought before
Judge Candler in the superior court for
trial.
By consent of both defense and prose
cution it was decided to try each man
separately. Walter O’Quinn was the
first to be placed on trial. Without
much trouble a jury was selected and
three witnesses for the prosecution had
been examined up to noon. The court
then took a recess of an hour. The trial
of O'Quinn will probably consume three
days. , k — ■*
DAUNTLESS IS BACK AGAIN.
Believed In Jacksonville That She Landed
Another Cuban Expedition.
Jacksonville, Fla., Nov. 15.—Tbe
famous tug Dauntless is back in port
after an absence of several mouths.
When she left Jacksonville she went
quietly to towing vessels, but when the
press announced that the schooner Sil
ver Heels had left New York with a
cargo of muuitions of war for Cuba she
started out in search of “wreckers.”
Two weeks later the Dauntless put
into Key West, where she was detained
a day, but then released on au order
from the secretary of the treasury, and
was then allowed to proceed to Jack
sop ville.
At the mouth of St. John’s river she
was ordered into quarantine at Fernan
dina, as Captain Floyd refused to make
oath that he had not been in foreign
waters against which Florida is quaran
tined. The Dauntless went to Fernan
dina, was disinfected, then came here.
, -J,
Wife of a fuglll.t Suicide-.
Cincinnati, Nov. 15.—A special to
The Commercial Tribune from Brazil,
lud., says: The wife of Denver Ed
Smith, the pugilist, committed suicide
here in her room by taking strychnine.
She was 35 years old. No cause is as
signed. The only writing she left was
a note to her little son, very affection
ately begging him to grow up a good
man.
Town of Tarboro Hag a Fire.
Raleigh, Nov. 15. —A special from
Tarboro says: The Bryan House, owned
by Judge Howard, and W. H. McNair’s
brick drug store were destroyed by fire.
Bryan’s place was valued at $3,000,
with no insurance. The other loss was
covered by $2,000 insurance. The roof
of Morris’ store and his goods were
damaged slightly.
Road Will Be Completed.
Glendon, N. 0., Nov. 15.—1 tis re
ported that William A. Guthrie, one of
the promoters of the Durham and
Charleston railroad, has placed the nec
essary bonds to insure its completion
between the cities mentioned. Work is
now in progress on the line and 9 miles
are iu operation.
Delyatiuist Candidate WUig.
Athens, Nov. 15.—M. Romas, the
Delyannist candidate, has been elected
president of the chamber of deputies by
a vote of 36 to 6. Eleven deputies re
frained from voting. '
Tillman For Goverimr?
Columbia, S. 0., Nov. 15.—There is
considerable talk of an effort being
made to induce Senator Tillman to
come to the state and make the race for
governor.
John Fleming Is Dead.
London, Nov. 15. John Fleming,
manager of the National Sporting club,
died hers.
WANTS TO COME IN
President of Hawaii Wants Is
land Annexed.
Says the Island is An American
Colony and Should Be
Admitted.
New York, Nov. 15.’—A dispatch to
The World from Honolulu, dated Oct.
27, says: Sanford B. Dole, president of
the provisional republic of Hawaii, and
Chief Justice Judd are anxious to have
the Hawaiian annexation treaty ratified
as soon as possible. Said President Dole:
“The people will never again submit
to a monarchy. In fact, there is no
one sufficiently enjoying ths confidence
of the people of these islands to conduct
the affairs of state under a monarchy.”
"Why do they not desire to continue
as an independent republic?” he was
asked.
• ‘As the islands are so far away from
other countries and as the Asiatic pop
ulation is increasing iu number, it is a
serious question, if they are left alone,
whether the republic could survive with
the willing consent of the foreigners.
Besides if the United States has con
stantly to protect the islands under the
present government, why should not
the United States take them altogether?
This is a great country for commerce; it
is the natural land for American owner
ship. It is an American colony, anyway,
so far as business, capital and industry
is concerned, and it should be a part of
the body politic of the United States.”
Chief Justice Judd said in an inter
view:
“During the reign of King Kalakau
there were 30 cabinets, so dissatisfied
■nd unstable was the king. The ouly
branch of the government that was not
disturbed was the judiciary. The res
toration of the monarchy is an impossi
bility. There is no material to make
a monarchy out of. Nor can one hope
to maintain a republic independently.
We must look to the United States.
We have now come to the turning point
and we must either become Asiatic or
Anglo-Saxon. Our commerce is with
the United States, we are in the zone of
American influence, and if the United
States continue to exercise protection
and assume responsibility for us, they
ought to have something to say about
how our affairs are directed.”
The news that has reached here from
San Francisco that Samuel Parker, a
prominent native leader, and hereto
fore a strong royalist, has declared in
favor of annexation, has caused quite a
■ansation among the natives who are
still opposeu nAYatioii.
FOUND DEAD IN OLD FIELD.
Two Negro Women and a Man Discovered
Near a Small Georgia Town.
Fairburn, Ga., Nov. 15.—Somecoun
try people, while- crossing a plantation
about 2 miles from town, came across a
most ghastly spectacle—that of a man
and two women who had been shot to
death, and whose heads were crushed
almost beyond recognition.
They were found to be Henry Tur
ner, a peaceable negro, and his wife
and sister. How long the bodies had
lain' there, there is no telling. About 12
o’clock people in that vicinity heard
shots, and the only theory that can be
reached is that some enemy of Henry
Turner came upon him for the purpose
of revenge, and finding the two women
present also, found it necessary to kill
them as well.
The discovery of the bodies created
intense excitement throughout all that
neighborhood, and it was not long be
fore several hundred persons had col
lected around the spot.
Bloodhounds were sent for and taken
to the field, where they soon picked up
a trail, and are now in pursuit.
Carter May Be Courtinartialed.
Washington. Nov. 15. —The chief of
engineers, General Wilson, has received
from Colonel Gillespie, the president of
the board of inquiry, the report in the
case of Captain Oberlin M. Carter, corps
of engineers, who was charged with
irregularities in the conduct of the river
and harbor works in Savannah harbor.
The board ook over 1,000 pages of tes
timony from contractors and other per
sons cognizant of tbe character of the
wont, and this may have to be reviewed
by the war department before it is de
termined whether or not a courtmartial
shall follow.
••Didn’t Know It Was Loaded.”
Indianapolis, Nov. 15. —Cecil Robi
son, 15 years old, shot and instantly
killed his 17-year-old sister Mattie, at
the Robinson horns on Jefferson ave
nue. The shooting was accidental.
Young Robiuson pointed the revolver
in the face of his sister, not knowing
that it was loaded. When he pulled
the trigger the weapon discharged a
bullet into the girl’s head. Young
Robison was locked up, but was re
leased when it was established that the
shooting was an accident.
Southern I*. A U. In Good Shape.
Atlanta, Nov. 15.—The application
for a receiver of the Southern Home
Building and Loan association, filed by
three of the stockholders, was sharply
refused by United States Judge Don A.
Pardee. The case was heard before
Judge Pardee, but the showing made
by the petitioners lacked grounds, aud
the judge cut the hearing short by say
ing there was absolutely no need for a
receiver, as it was apparent that the
company was in splendid financial con
dition- ..
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PRICE FIVE CENTS
DURRANTTO
DIE SOON
Supreme Court to Hand
Down Mandate
>■ ■ I
AT AN EARLY DATE
No Representative in Court When the
Motion Was Made.
THERE WILL BE NO DELAY NOW
Chief Justice Fuller Announces
That Court Will Act At Once.
ARCH FIEND WILL GO TO GALLOWS
Generally Believed That Supreme Court
In Washington Will Hasten the Day
For the Execution of Durrant.
Washington, Nov. 15.—0 n motion
of Assistant Attorney General Ander
son the supreme court has decided to
issue immediately its mandate in the
Durrant murder case. No representa-
THEODORE DURRANT.
tore of Durrant was in court when the
motion was made, and the court, after
a hurried consultation on the bench,
announced through Chief Justice Fuller
that the mandate should issue forth
with.
Mr Anderson thinks this will settle
the matter and hasten Durrant’s execu
tion. He said he would have made the
motion sooner but for the necessity of
giving notice to Durrant’s counsel.
SHOT HUSBAND AND SELF.
Boston Woman Driven to a Rash Act by
Poverty and Sickness.
Boston, Nov. 15.—Frank McLaugh
lin and his wife Mary were found in an
unconscious condition in their home in.
South Boston. Both had been shot aud
both, it is thought, will die.
The man was revived by the physi
cians who were summoned, and in a
short time was able to talk. He in
formed the police that his wife had
shot him while he was asleep and that
she afterwards attempted to kill herself.
MqLaughlin, who is in the advanced
stage of consumption, has been ordered
to the hospital. The police believe that
his wife, driven to desperation, decided
to end both of their lives. They had
lived in abject destitution and there
was only a single piece of bread in their
room.
Two months ago a child was born to
the couple and died at the age of 2
weeks, and the event seemed to weigh
heavily on the woman’s mind. They
had been married about a year.
Sihitli and Dixon to Moot.
San Francisco, Nov. 15.—Arrange
ments have been perfected for a second
meeting between Solly Smith aud
George Dixon to take place in this city
in February. The fight will be pulled
off before the Occidental club.
Chrin Cannon Convicted.
Spartanburg, S. 0., Nov. 15.—The
jury found Chris Cannon guilty of mur
der after being out 25 minutes. It will
be remembered that he murdered Cap
tain J. H. Blassiiigame about a year
ago.
Electric Railway Line.
Dahlonega, Ga, Nov. 15.—Surveys 1
are being made for an electric railroad
line, which, it is stated, may be built
from Dahlonega to Gainesville, a dis- ’
taiMM of 20 miles.