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Th# non-advertising merchant ean no more compete with one who advertises than the old Franklin hand press can com pete with the modern web-per fecting cylinder press. VOLUME XIII., No. 231 CASE AGAINST MATTHEWS DISMISSED BY STRANGE Magistrate Says that Af ter Thoughtful Consid eration He Entertained no Reasonable Doubt of Prisoner’s Innocence and He Freed Policeman. At 10 o'clock this morning Magis trate B. L. Strange reconvened court tor the purpose of concluding the preliminary trial of Policem n M. O. Matthews. Ten witnesses were examined, the acised made hisstaie nient, counsel for the state and de fense submitted their argument, and at 12 •42 o'clock p. m. Judge Strange dismissed the case. Immediately the greatest excite ment, subdued but intense, prevailed In the court room, and there ensued a scene such as all are familiar with who ever attended court. Matthews was warmly congratulated by his irlends, many of whom crowded around in a moment, and the attor neys were praised for their eloquent speeches. Refore rendering his decision, Judge Strange warned those in the court room against any demonstra tion. "I realize," said he, "the solem nity and the seriousness of this oc casion 1 realize that a solemn duty is Incumbent upon me, as the presid ing judge upon this occasion. My decision shall be one that 1 reached after the most careful and conscien tious consideration of all the evi dence introduced. The law says that if the testimony justifies the court en tertaining a reasonable doubt as to the prisoners innocence, it becomes his duty to bind over to a higher court, I find, after thoughtful con sideration, that the evidence here is not sufficient to bind Mr. Matthews over, therefore I dismiss the case." LIEUT. BRITT WAS FIRST WITNESS. Lieut. Britt was the first witness called and his testimony was, that he heard John Turner in the recorder's court the next morning, say that he did not know what hapened, and Turner pleaded guilty to the chargu of being drunk. When asked, did he move the pistol, he answered "yes" and the pistol was under the body. He picked it up and took the cart ridges out, and one cartridge had an indenture on the cap. I turned the, pistol and the cartridges over to the f'hief of Police. The pistol was a 11 caliber Colts revolver with a bar rel about five or six inches long." Coroner Ramsey, the next witness testified that he looked at the can ridges the same as Lieut. Britt and after the inquest he turned the pistol and cartridges over to Mr. Wheeler, as he was the deceased nearest kin and rceveid his receipt for the same. He said that he "could not say as to whether the pistol had been snapped or not.” J. P. Joplin said: “I was on Mar burv street fronting Market, and when I heard the shots I started in that direction. When I arrived they were looking for the pistol." The next witness, W. W. Stone tes tified that he "was standing on the comer of 12th and Broad streets and at the sound of firing went to the scene and found several people thpre and that Brown, Wise and Matthews were keeping the crowd back. Mat thews struck a match and I saw the pistol under Mr. Turner's body, no one moved it." B. K. Chapman said: "I am ac quainted with John Turner and Mr. Floyd and 1 knew the deceased. 1 saw them at Willis' place on McKla ne street about 11:15 o'clock the night of the homicide, and I said to them: Well, what's the trouble?" "Nothing," answered Mr. Floyd, "only we are all drunk. While Turner was In the store Matthews and Broggerman pass ed and Turner went out. "Matthews and Broggerman came buck up the street and Matthews peeped in Plumb's, a negro r ime out r»i door and engaged Matthews in i' conversation. The Turners and Floyd were drinking but I don't think that (hey were drunk.'' KNEW TURNER MADE THREATS. O. H. Sledge testified: "that ho knew Mr. Ed. Turner and that Tur ner made threat* to him, hut he did r.ot teil Matthews about the threats until Matthews asked him about them. One night Mr. Matthews ran me off the North Augusta bridge and Turner asked me what was the trith ble between Matthews and myself. I told him nothing, and then told him about Matthews running me ofT th< bridge, Turner then said, T wish that it had been me.'" James Mitchell said: "f knew Mr. Td Turner and he made some threats to me about Matthews and I put Mat thews on his guard against him. Tu, nor took out his pistol and examined It, and said, ‘When I get througn wl'h him he won't arrest me again.' That was 12 or 14 days before the shooting.’’ Otis Hallman said about the same as Mitchell and gave a conversation that he had with Turner: I had a conversation with Turner 20 or 40 minutes before the shooting and lie said: '! will get mv revenge and It won't^. l ' 'long.' ” Mr W D. Bowen examined the cartridges and raid that the Indentur.- w is In all probability made by some xne. who, while rocking the gun. let be hammer slip and he did not think t was caused by a full snap of the Mininer. THE AUGUSTA HERALD MOTHER NIVAL FORCE TO CO ON me LONDON—The Telegraph says tuat at the moment when attention is fo cused on the cruise of sixteen mod ern battleships in the Pacific, the United States government lias deter mined to send another naval force on a prolonged voyage in the same ocean. On i.ionday, it is declared, a squad ron will leave San Francisco under Rear Admiral Swinburne. Eight hun dred men have been drafted from Norfolk and Newport in order to com plete the crews. A visit w'ill be made to Samoa at the invitation of Ger many. MATTHEWS’ STATEMENT. Mr. M. O. Matthews testified: "My trouble with Turner dates back to the 4th or sth of May. Sergeant Whittle and myself arrested him about that time and sent him to jail. Mr. Tur ner came to me about 9.25 o’clock on the night of the shooting and asked me why I had arrested him in the spring. I told him that, the matter was closed and that I would rather not speak of it. "He said the next time I arrested him I would not get off so light. I told him that he got off light, as Lieu tenant. Hopkins turned him aloose that night on his promise to go home, and did not even docket a case against him for carrying concealed weapons. "I continued on my rounds and ran across Turner several times. He seemed to be watching me. In one instance he followed me from Reyn olds street to Broad street, and while I was standing drinking a bottle of coca-cola, near the corner of Broad and McKinne street. Turner walked up and down in front of the store. "Turner went towards Ellis street and came back. I met my sergeant about that time and talked with hint. We walkeu to Market street, and Tur. ner with his companions passed us and went down Market street. "We walkeu back to Reynolds street and came to Market again and started down. I met Floyd first and was about 150 or 200 feet from McKinne street when I met him. "John Turner was next, and the deceased was in the rear. Turner was on the outer edge of the sidewalk, and he made a step to the left, Broggerman moved to one side and I was behind him. Turner raised his hand and I saw the pistol. I drew mine and started to firing as fast as I could pull the trigger. As I fired tne last shot Turner fell against the fence. Brown came up and felt his neck. I did the same and said: He is dead.” “I was not arrested until two days after and did not know a warrant had been issued for me until it was served." Mr. T. .1. Hamilton said: “I talked to John Turner about 20 minutes af ter the shooting and he was not drunk „ut he was drinking. ARGUMENTS BY ATTORNEYS. Mr. C. A. Picquet, In making his argument for the defence quoted from several cases In the Georgia law, where, so he claimed, the clrcumstan ces were the same as in the Mat thews case and thp supreme court ruled that he was justiliable In shoot ing. Mr. Picquet spoke about forty . minutes and delivered a very able and forcable address. | Mr. Jackson’s argument was clear ,ly outlined and very forcible The 1 substance of his contention whs that the state had only to create * reason able opinion In the mind of the court that there was a probability of the prisoner's guilt. He took the posl j lion that it would he precedent-mak ; Ing to release the prisoner after the introduction of so much testimony, and called attention to the fact that the responsibility of doubting the evl. -lence did not devolve upon the court, but a Jury of higher court. He re viewed the evidence, In summing up to support his argument, and held the j rapt attention of the court room dur ing a graphic recital of the particu lars of the shooting. His closing point, was that If the state Introduced sufficient evidence to show that they were warranted In Investigating the , case, then It became the duty of the ! court to bind over to a higher court. REAR admiral drake LEAVES HOSPITAL BALTIMORE. Md—Rear Admiral Drake, who has been a patient of the John Hopkins Hospital since July 6, has been pronounced cured of the In testinal trouble with which he has 1 been a sufferer for the past year Mrs. Drake, wife of the admiral, state* that they wouid leave Balti more tomorrow They will go to 1 telaware water gap, where they will j spend about a month. AUGUSTA, GEORGIA, WEDNESDAY AFTER NON, AUGUST 19, 1908. J. PIERPONT MORGAN, JR. J. P. Morgan, Jr., although practically expatriated by the neces 'sity of his busintss, continues to take a very lively interest in New York City affairs. Writing from London to New York’s Dep ty Controller he urges the adoption of the London plan to make all sorts of street repairs, such as paving, water pipes, gas pipes, sewers, etc., at one and the same time. Heroic Act of Colored Girl Saves Bady; But Harms Herself BLYTHE, Ga.—The little daughter of Floyd Painter, a colored citizen of this place, played the part of a hero ine Sunday afternoon. In rescuing a baby, saving it from being run over by a heavy wagon, she was thrown under the wheels and received the in juries herself. CRUISE MIHTIC FLEET TR FIST HEIR WASHINGTON. —The round the world cruise of the Atlantic fleet be gan from Hampton Roads on Decem ber 16, 1907, and the opinion of the naval authorities is that the cruise will have lasted a year when the fleet bellows forth its reply to Un welcome that will be tendered It bv the shipping and fort* in New York harbor. On August 9, Auckland received the naval visitors, and on August 15 the fleet started for Sydney, where the ships are scheduled to cast an chor tomorrow. Seven days have been allotted for the exchange of courtesies at Sydney, and the fleet will then pass on o Melbourne, where it probably will remain from August 29 lo September 5. olx days later will see (lie fleet In Albany, on th«* west coast of Aus tralia, where It will remain until Sep teniber 17. Then will come the long jump to the Philippines, where the battleship fleet Is expected to arrive on October 1, remain ten days, and proceed In two squadrons. The seeond squadron will reach Amoy on October 29, and remain until November 4, when It ! will begin its three days' cruise to i Manila. The first squadron will go direct to Manila, arriving there on ! October 21. TIE MRU IS BIBLUSIBEB WASHINGTON. —Bo serious is tip damage caused to the armored cruls er Colorado by ruiinning on the rock-, at Double Bluffs. Puget Hound that the vessel may be with difficulty r stored to her former degree of <-ff|. elency, and will !>■■ unajtlc to steam with the pacific armored cruiser fleet from the Pacific toast to Honolulu and Samoa, on August 24 The vessel, with her hull badly dented in several places, has been ordered so the Bremerton dry dock for extensive repairs, Her injuries are tar more serious than was at thought According to the latest advices re ceived from Captain John A. Rodgers, commandant of the Bremerton navv yard, the Colorado cannot he Tight en for a long steaming cruise before a* least JO days' repair work ha» been dons. Forecast for Augusta and Vicinity— Showers tonight and Thursday. Dr. Bar wick was hastily summoned and the best of medical aid was given her promptly with the result that she will probably recover. She Is now getting along well nnd It. is thought she will lie able to got. out within the next few days if no complications de velop. DEAD IVIAN BROUGHT TO LIFE BY MASSAGE WASHINGTON News of one of the most remarkable operations, fn-i formed by the surgeon at the emer gency hospital here, was Just made public. A young colored boy had sue euinhed while under the Influence of chloroform during the operation for an infected knee. His pulse died, and after resorting to artificial respi ration witholt any result the surgeon opened the body and for seven min utes massaged the hqart with hla fingers. Finally the heart pulsated gently and after eighteen minutes the surgeon had the heart pulsating nor mally. For a day and a half following the operation the boy remained In an ex cellent rnmllllon but blood poisoning set In from the Infected knee, musing his death. The operation Is regarded by medical students as the moat unique In ihc'nnnnls of medicine, and opens up a new field of surgery where persons expire under the Influence of anaeslhet lcs. NEGRO CHARGED LARCENY. Officer Black sent in Wednesday morning, John Jackson, for larceny after trust. It seems that Mr, Jake Levy gave the negro a coat to have ipressed, and he .took the coat to L. , A I) Bogoslowsky, at No, 1277 Broad land swapped for one that Is not known. Officer Black also sent In I Mary Laws, Ham Williams and J F. ! Harm all charged wllh violating the 1 tfioth *« etion. LAKE SIDE CLUB NOW VERY POPULAR Now Tennis Court, Being Completed. Rooms are Very Attractive. A large force of bands are at work todxv on th» tennis court ol the Labe Hide c:oh and the grounds will prob ably 0<- completed this week They will lie the most excellent play grounds :n this el'J and no doubt will add greatly to the other attractive features ol the i Inti surroundings 'lip- club hous-- and rooms have a’l Ip- n completed and scores of visitor!, may '»■ found at the club every us ternoon. An elegant button ha* been design id by Mi Louis K'-nkl for club mem per' and several of the members have applied for I hem already Interest. In the matter seems great er now than at nny time since the re organisation nrrd throughout winter and summer the place will | robablv Ip- a Mecca ol more or leas popular ity. DARING ATTEMPT TOBEAT UNCLE SAM MRS- JACK GARDNER THE EC CENTRIC OWNER OF THE VENETIAN PALACE IMPLICATED EVADED CUSTOM LAWS Government Officials to Push the Case Against The Women. UHICAGO. The United Stales au t horlttps in Chicago, iiosion and Washington for the Inst eight woeke have harm Investigating the most re markable attompt to “beat" the cus toms laws ever brought to their at tent ion. The audacit: of the nchemu and t!m 'Handin , v ol the participants breaks ah records'. Mrs Fmily Rockwell Crane Chad bourne, who is now living on the North Shor< # i daughter of Richard T. Crone, president ot the (Tan • Manufacturing company, and Mrs. Mack" Gardner, of Boston, are the unlucky persons involved Mrs. Chad* < bourne brought Info this country as j her household goods under a false I declaration, nearly SlOO.bnO worth of 1 articles belonging to Mrs Gardner, on which she placed a valuation of SB,OOO. The result to date has been; First, the goods have been seized by United States Collector Ames, and arc now confiscated by the govern ment. Second, an agent acting for Mrs. Chadbourno or Mrs. Gardner paid tin* government $70,000 In lines and pen altles and Mrs. Gardner will have to pay SBO,OOO additional If she wishes to secure possession of the property. Third, tiie case in all probability will be placed In the hands of the prosecuting authorities and It Is not unlikely that both women will have to face indictments at the hands of th“ next federal grand jury that meets in Chicago. The Famous Mrs. Jack. There are few persons in this coun try who read the newspapers who haven’t heard at one time or another of Mrs. "Jack” Gardner, the eeo ntrlc Boston widow, and her famous Vein tian palace, brought to this country, stone by stone, pilaster by pilaster. .'<,ooo miles from Italy. ’Phis palace, erected at. great cost in Back Bn:. Fens and known as Fenway Court, In filled with rare paintings and statu ary and other works of art that Mrs Gardner collected in various parts of Furope, but chiefly in Italy. For years Mrs. Gardner has tried to evade the payment of duties on the art treasures that she has brought to # hls country on tin* plea that her home was a public museum, works ol art for exhibition purposes being 1 ree. During Leslie M Shav.’s adminla tration us secretary of tin- treasury, he proceeded against the $200)000 Mrs. Gardner had deposited and started proceedings to hive It for felted on the advice of Attorney Gen eral Knox, that the musuem was not being used as a public exhibition. Mr. Hhaw then gave Mrs. Gardner the choice of throwing open her house to enable the public to view the ! art treasures without restrictions ihai verc unreasonabU or paying 9200,000 duty, and she chose the latter alter | native. FIVE CRESTED IN BURNING HOME While Husband was Away His Family Was Perish ing. MAHSHAI.I,. N C The home of Wofford Tweed, on Laurel Mountain, was destroyed by lire, and his wife, their three children and Mrs Mur ray Tweed were burned to death, and their bodies cremated 111 the flames. Mr. Tweed was at Marshall attend lug court wlu-n In- heard of the tragic event and left hi once for Ills farm, which Ih located fifteen miles from here. RATTLER VICTIM IS STILL ALIVE Keeper Bitten by Deadly Snake Not Yet Passed the Crisis. WASHINGTON Battling grimy for his life lignins! the d'-adly vine of n diamond rafilir, Rodney Rose, tip Zoo keeper who whs bitten on tip left bund Monday, has not yet passed the crisis, d-splti the fan thu' the venom of the diamond generally either kills nr Is nullified in ip; hours Rose imssed the usual critical stagi last midnight, but lit- William Carr, if (emergency Hospital, who ha* charge of the case, declared thl-i morning that Rose'* condition b still critical, with the pat lent Just u shade stronger than last night. DAILY AND SUNDAY, SO.OO PER YEAR MRS. HAINS SAYS HUSBAND IS IMMORAL AND DEPRAVED Eleanor Sears t SC 34 ® V*. , jg I, Miss Eleanor Soars, of Boston, tin* society girl who once challenged Miss Annette Kellennun, the professional j swimmer to a contest and who has been a ride r and a driver has again taken up tennis. Sin* Is seeking Ini regain her former title of champion. THEATMCM.TRUSTS IRE RESUMED BLACKMAILERS WASHINGTON Determined to flglil to a liiilnli the con-tent Into which he baa entered agaliiHt the no colled theafi'teal trimt, W F. Thomas, manager of the Auditorium Aniline i n lit company, which recently seeur cd n Kite here end nnnouiined 11h in tenllon of building a vaudeville house, decided that he will In a few days tile, through hla attorneys, suit for ffiop, 0(10 against loenl repreNentatlveH of the trim! who, Mr. ThoniUH alleges, tire trying to Injure lilh enterprise. Accuumlniion of complaint h hkhliihi the ho rolled "theatrical truHt" prae tleally hue driven the government to prepare for iteiion against the com bination: Aiding Attorney General Kiikhcll hhid that the department of JllHtlce la investigating the eomhlll at lon. The Investigation will he llior OUgll. While those who have brought the Iruat’a lo the attention of the department of Justice declare the cam 1h plain against the combine, l he gov. ereno-nf officials lire uol so certain of their position, nor how far ill i government ean go. Al present Act lug Atttorncy General Hukhcll refuses to make any statements as to the government's program. The govern Hunt's course will lie based largely on the report to he made by Mr. Roadstroni, of the department, who In looking Into the matter. Receipt of additional evidence tins given the department something tan gililc lo wont on. the manager of n theatre In a Maryland town line, atip plied to Mr Russell a list of theatres and theatrical managers who, Ip- de dared, arc parties to the trual. The same manager alleged that trout 500 In 000 theatreu In the United Hlali were forced lo pay from five to ten per cent oi their proflta to the tin t In return for Immunity from Inter ference This the malinger held to tie blackmail. ON RENTING PROPERTY AND OTHER THINGS The property owner or agent who confines his TOR KENT" adver tising lo lln ope bo-,1 newspaper medium In tils city Htiffcrs under but one advantage he doesn't get so milch practice In writing ad* of cour-c one Insertion of a "For Rent” ad, even In the best medium la not always enough nor, sometimes, half enough. But In many cases, If not only |H enough hut a-eins to he too milch, aa It will somelmes bring almost un embarrasslmili number of applicants. Home proper!- I- ho easy to ren that I could be rented through even tin- poorest medium, hut this Is trip of perhupa one per cent, nf cases. Other property, perhaps its desirable on some accounts, Is "slow'' prop erty to rent requiring nol only the beat advertising medium, but some persistency and this Is trip- of perhaps fifty per cent 'if Instances. One per cent nl property can he rented by "accident" one per cent by plac arding one tier cent by simply waiting for someone to come along.” Anil about forty atx per cent, of property to rent can be negotiated with out elthei restoring to LONG CONTINUE!) ADVERTISING In ANY ME DIUM, or the use of doubtful mediums, hi all, fir relying upon "happejy. stance' of any description. It can be rented Ihla lasi forty six p«r cent by 'c risible advertising In the "snslbh ' medium which most peo ple will tell y-ot| Is THE HERALD, so far aa this city Is concerned. YOU CAN DO BUSINESS WITH YOUR DOLLAR*. IF YOU USE THE HERALD Advertising fs trie motive power of business. Stop adver tlsing and your business will be as dead as an engine wlthou' steam. Grave Accusationa Made by Wife of Homicide Against Her Husband- Had Berlin Suit for Di vorce. NEW YORK. Grave arousations made by Mrs. Claudia Libby Halns against her husband, Captain Peter Conover Halna, Jr,, 11. S A., who allot anil killed William E Annin, reveal Ihe motive of lhe Hnyslde tragedy. The nature of these acenaations he eaine known today when dispatches from Wlnthrop Highlands, Mass., tlm home of Mrs. Halns, gave the partic ulars of a aiiit filed by the captain's wife against him. Papers in this suit were served upon Captain Hniim a week ago Monday, by the representa tive of the wile's lawyers. The pa pers contain whal Is called a com plete history of hla niladoings and the unusual inventory Involves broth er offleera. Charles 11. Llhhev, fa ther ol Mrs. Halns, who made It known that nls daughter had filed tlm sull, places the blame for the killing of Annls upon T. Jenkins Halns, the lirot her Mi Halns alleges that the grounds for the charges she brought date back l" their honeymoon, when Captain llaina was stationed at Fortress Mon roe. No names are mentioned, hut other detmls lire not lacking In the charges. Ihe accusations were dictated hy Mi; i mins lo her lawyer, and after revision hy her were made the basis of the suit. If the special grand jury nnd n spe. clal Judge requested by District Attor ney Darrin of Queens county, of Gov ernor Hughes, are granted, the trial of the ease, In an far as the proHnru Don ta concerned, may not last over two days. Pursuit of h definite purpose of re venge Is shown hy the ammuueement that ( iiplaln Halna three vlmes wrote to Anuta demanding he should Im glv en aal Infliction on tin- "field of honor." The captain's friends Insist that An nin ignored all the requests tor a duel. '| hi* friends of Annls are equal ly Insistent that meeting placea were agreed upon. Inti Captain Halns did j not keep the appointments. FATHER DEFENDS HIS DAUGHTER. Mr. IJhhey la vigorous in the do sense of hla daughter’s name. Ha sold today at hla home in Wlnthrop Highlands: My daughter esme hark to us on June 2, Tills was a few days after atie had been so cruelly beaten hy her husband In the pres | cnee of hla brother Thornton. ’ There la no doubt It wag Thorn lon who worked upon his brother’s mind to such an extent that lie Anally | allot and killed Annla. Thornton has been the evil genius in tills case from ilia very outset. Before It is over the complete history of Thornton will be come public property, and the world will then learn what kind of a man he Is. "I want lo sny that the charge* Captain llalmt brought are entirely 1 without foundation.” "The young wife aalrt today: "I have consulted with my lawyers both here and In Boston, and they tell mo I will no doubt be culled aa a wlt ucaa when the caao comes to trial. I am trying to make up my mind lo go through this case to the end without flinching. I know t may have to stand many lltlngs, but my name must be vindicated. "It Is not right that a misinformed man, wild with Jealousy, should drag the name of Ills wife the mother of Ills children In the dirt, and I owe it to myself and to my children Ito clear tip this part of the case. It seems tc«) bail that an Insane man ~- insane on some things, at least - can make tiii- charges my husband ha* made and not he punished. ALL DISAGREED ON CARE OF CHILDREN. captain Bains' parents and I did nol agree on the way the children should be raised I never claimed Co In- an Ideal mother, hut I loved my ha.nett and raised them according to my views. These views were oppos ed by General ilalns and hia wife st •■very turn. Anil then that brothsr. "I do not feel that I am the wife (Continued on psgo six.)