Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, February 04, 1910, Image 1
TVffanla jSrnri - Wtckljj Sbnrasl vol. IX. STATE MAKES REPLY TO PLEA OF COOPERS: CROWDS PACK COURT State Attorney General Ar raigns Appellants As Under taker’s Chairs Are Borrowed to Seat Scores of Visitors DAUGHTER OF COOPER SITS WITH BROTHER 'B» Associated Press' NASHVILLE. Tenn.. Feb. 2.-The I state’s objection to the granting “of a new trial to Col. Duncan B. and Robin ; Cooper, convicted of the murder of 1 former United States Senator Edward W. Carmack, wag voiced before the su- j preme court by the state attorney gener- j al. Charles T. Cates. Although the pros- I eeution’s young representative had re ceived the brief of the defense only 48 hours ago, he had marshaled his facts and arguments and made a strong and telling appeal. The rather small court . room was packed to suffocation. Chairs rented from a local undertaker had been set closely together. GUARDS LIMIT VISITORS. Guards stationed at the doors attempt ed to let only enough visitors in tv fill the seats. But the throng swept in and would not be stayed. Most of the audi tors were men. but two s<ore women ar rived early and secured choice seats. After the room was filled, the throng at the door was so great that the supreme justices could scarcely enter. "So axiomatic is it," General Cates be gan. ’that courts do not take cognisance of political affiliations or factions in a lawsuit that I am astonished to note the emphasis placed by counsel of the ap pellant upon the recent conversion of Senator Carmack to the prohibition fac tion. If your honors please, I chal lenge them to find a word in the record bearing out their contention." General Ctates denounced the attempt of the defense to make the issue a politi cal one and set up a quarrel between Robin Cooper and Senator Carmack in order that his father might escape the consequences of his act. ••Senator Carmack was shot three times, once in the back and twice in the left side through the heart, and the plea is self-defense, after a jury of their peers has stripped the plaintiffs in error of the presumption of innocence, which accom panied them during the trial. THREATS WERE MADE. “Carmack was shot, your honors, after threat? had been made; after Colonel Cooper said: “ 'lf my name again appears in the Ten nesseean. he or I must die;’ The next day Carmack printed an editorial, a hu - morons one. referring to Cooper as the diplomat of the Zweibund. The offense was given, and gentlemen, Carmack died. ••Craig, who communicated the threat to Carmack, went to the editor with Colo nel Cooper’s consent and reported back to Cooper. But Cooper’s counsel asked yesterday if Carmack had sent back word to Cooper that no malice was intended in the editorials that were merely harmless pleasantries. “No. if the court please, this was not shown because when the state tried to show that Carmack did send such word by Edward Craig, the defendant’s own counsel objected and the court sustain ed their objections. That’s why the state did not prove it.” General Cates described the incidents leading up to the threats, told how Car mack sent for John Vertrees, and asked for a revolver. “I have received a very threatening message from Colonel Cooper, saying that if I use his name again, he or I must go. I cannot discontinue my fight. I do not want to arm myself, but my friends are alarmed and insist on my getting a weapon.’ Vertrees got the re volver for Carmack and showed him how to us it. "Just pull the trigger/ said Ver trees. ‘and it will do the rest.* With a huge map. showing the scene of the killing. General Cates outlined the course taken by the principals of the trag edy. then he declared: "Colonel Cooper was on his way to the governor's mansion. Either he was lying in wait or he took an out of the way course to the mansion. There is nn other construction to be put on the course they v took." DESCRIBES SHOOTING. Cates described the shooting, how Car mack. with his hat lifted in pleasant greetings to Mrs. Eastman. He quoted Mia Eastman; “ ‘I heard a voice over by shoulder, exclaiming: ’There you are, 1 have the drop on you now." I saw a look of surprised inquiry come over Carmack's face. I saw his hand go around to his hip pocket and the voice came again: " ’Get out from behind that woman, you dastardly coward.’ ’Then Carmack’s gun came out slowly, the barrel upside down. Then came the three shots and I saw a young man crouching behind Carmack.” "Is there self defense in that?” said . Cates. "Is there a peaceable mission shown in these expressions of Colonel Cooper, beard by a refined, brilliant wo man? Is there a peaceable, legal mission indicated in the words; 'I have the drop on you—get out from behind that woman, you dastardly coward.' "Peaceable. Great God! What peace is contained in these threats?” TELEGRAPH POLES SHOWN. General Cates produced two paste board posts representing telegraph poles where Cat mack fell, and placing them upon the bar. reconstructed the killing. It was dramatic in the extreme. The active lawyer swung rapidly from the position of Carmack to that of Robin Cooper, revolver in hand, describing viv idly the murder. The spectators leaned forward and even the justices seemed scarcely to breathe. Seising the collar Carmack wore, he pointed to a tell-tale hole aljnost directly above the button hole in the back. With a pencil forced through the point of the bullet's entrance. General Cates said: •This convicts the Coopers. This silent witness proves that the bullet was fired from behind. First, they said that Car mack turned his head, but we proved that when a man turns his head, he can not turn his collar, for it is fixed. Then they said this bullet in the back was fired as Carmack fell, that it was the last one fired. But, your honors, that is impossible. The one they said was the second one fired went in at the left side and ranged downward at an angle of 45 degrees. _ . “Now. It is evident that, if Carmack was falling—had fallen—so far that the Continued on page Three (I LIVES ME LOST 111 IMISTEXPLOSION Nearly Three Score Victims in Las Esperanzas, Tex., Mine Added to Death Toll (By Associated Press.) LAREDO, Tex., Feb. 3.—The spark of a lighted cigarette, smoked by a miner in violation of the rules, reaped its toll of victims in the Paula mines, near Las Esperanzas yesterday, when 68 lives were lost in an explosion that wrecked the mine. The blast following close after the catastrophes of Monday and Tues day have swelled the victims of mine horrors to 178 men. MANY ARE INJURED. The toll of human life which paid the penalty of negligence on the part of somq. miner is officially placed at 68, while the list of injured numbers nearly as many. After the lapse of six hours’ work, 53 bodies were brought to the surface, w’hile nearly 40 injured men were removed to hospitals for treatment. The Injured owe their miraculous escape to the fact that they were working at points in the third stage of the workings, where they were partially protected from the onrush of foull air. The explosion occurred in the No. 3 shaft of the coal mine of the Esperanzas Mining company, and is atributed to the ignition of gas from the flame of a miner's cigarette who was smoking, con trary to the rules. DEAD ARE FOREIGNERS. The miners, consoling principally of Mexicans and Japanese, had assumed their various places in the different work ings shortly after 7 o’clock, and work was proceeding along the usual monoto nous lines when, without warning, about 8:30 o’clock, those at work above ground were startled by a loud explosion, and almost instantly a vast cloud of dust and smoke issued from the mouth of the shaft. When the onlookers realized the meaning of the disaster, assistance was immediately forthcoming, and as soon as the air in the shaft could be purified sufficiently to permit rescuers to descena, many volunteers were ready to risk their lives in an endeavor to succor their stricken brothers below. MR. E. T. CAMP DEAD; WELL KNOWN VETERAN Villa Rica Citizen, Who Had Seen Service With Wheeler’s Cavalry, Passes Away - VILLA RICA. Ga., Feb. 3.—The funeral of Mr. E. T. Camp, one of the best known citizens of this place and a veteran of the civil war. was held here yesterday. The services were conducted on the 641 h anniversary of the deceased's birth. Mr. Camp is survived by his wife and eight children—Prof. George W. Camp, of the North Georgia Agricultural College, of Dahlonega; E. L. Camp, W. H. Camp, J. B. Camp, Thomas P. Camp, Miss Vida Camp. Miss Pauline Camp, of Villa Rica; Otis O. Camp, of Columbia, 8. C. The deceased is survived by one brother ana a sister, who are the last direct surviv ing members of the family. Mr. Camp enlisted with the Firs? Geor gia cavalry, saw service in all of the campaigns of General Wheeler until Jan uary. 1864, when he was captured and confined in Rock Island prison for 13 months. He was one of the most promi nent citizens of this place. AT LEAST 75 ARE DEAD IN PRIMERO MINE PRIMERO. Col., Feb. 3.—While some expressed a belief that many men will be taken alive from the main mine of the Colorado Fuel and Iron company, where an explosion occurred last Tues day. old miners who have penetrated nearly all workings of the mine say it is hardly possible that the death list will be les than 75. Thtrty-eight of the 50 oodles recovered will be buried at Trinidad today. Every Mother and Father Should Read This Offer If They Are Interested in the Welfare of Their Children Mothers’ Magazine is without doubt the best publication ever offered at this price, containing each month entertaining and instructive matter regarding every phase of the Mother s Life in the Home. Instructing her in the care of her Chil dren, Health, Dress, Play, Education, Religion, besides hun dreds of other articles that every Mother and Father are in teresed in. The Semi-Weekly Journal has no equal in the South. Everybody who reads it loves its different departments, as they are interesting and right up-to-the-minute. The Semi- Weekly Journal carries more agricultural news than any other paper. < Our special correspondents, our special leased wire/, besides the Associated Press news, enable us to furnish our readers with the latest and best news possible. Besides these Two great papers, we are going to add x another publication that needs no introduction. The Metropolitan and Rural Home, a Monthly Magazine that combines the metropolitan life with the life on the farm. Is interesting from cover to cover and is looked for each issue. We are going to offer you these Three publications: Mothers’ Magazine, The Semi-Weekly Journal, Metropolitan and Rural Home. Ail Three One Year for SI.OO Send your order today direct to The Semi-Weekly Journal Atlanta, Georgia ENORMOUS DECLINE 15 MADE 81 STOCKS U. S. Steel, Union Pacific and Other Securities Experience Heavy Losses (By Associated Press.) NEW YORK, Feb. 3.—There was a re newal of heavy liquidation in the stock market today and this, coupled with an atack on the market by an organized beat party, caused a violent break in prices. During the first hour efforts at sus taining prices were made, centering on United States steel, and enormous quan tities of that stock were taken in the neighborhood of 80 When the stock broke at that price, floods of liquidation came on the market of the principal stocks. United States steel itself sold down to 78 7-8. The decline in Union Pacific reach ed 2 1-4 and Southern Pacific 2 1-8. Some other losses were: United Slates Rubber 3 3-8; American Cotton oil, 3 3-4; Ameri can Smelting, Westinghouse Electric, Consolidated Gas and People s Gas, 3, and Texas Pacific. 2 1-4. The liquidation continued throughout the morning. The new level of prices brought values back to a lower joint than has been seen on the stock exchange since last summer. The declines ran to between 1 to 4points in all active speculative stocks. There was another lull in the liquidation as the noon hour expired, but the result ant rallies brought the familiar decreas ing activity which left the speculative sentiment and pushed over the next move ment of the market./ womaiTwould tell all, BUT COURT DENIES HER Instead It Hears From Pay master Auld at Navy Court martial Hearing (By Associated Press.) BOSTON. Feb. 3.—The Charlestown navy yard’s social set which has crowded the big dance hall three times this week at the courtmartial of Pay master George P. Auld, for conduct un becoming a gentleman and an officer, lust missed hearing yesterday from the lips of one of the numerous women witneses what she claimed was the real cause of the ejectment of Dr. E. S. Cowles from the dance of December 11. Miss Margaret Ames, daughter of Dr. Ames, of the'-navy, wanted to tell the cause, but the court preferred to hear Paymaster Auld’s version of the affair. The day's session was practically given up to the young officer’s defense of him self. It appeared from his statement that several of the dancing set at the yard discussed Dr. Cowles for days before the dance, and Mr. Auld said that he then received permission from Miss Ames to have Dr. Cowles kept from -the dance on account of certain stories in which the name of Miss Dorothy Hesler. of Evanston. 111., was involved. DESCRIBES INCIDENT. Then came the Incident at the dance when Mr. Auld asked Dr. Cowles to re tire from the hall, following which the two met in the corridor below and con tinued their altercation with Dr. G. A. S. Robnett. who will be tried later, as a witness. Mr. Auld denied that he struck Dr. Cowles, but did admit that he took him by the shoulders and that In the wres tling which ensued. Dr. Cowles was thrown to the floor. Mr. Auld said that he considered that he was acting for the dance committee in spelling to Dr. Cowles, whom he personally did not think a proper guest at the dance. This practically concluded the testi mony in the case and this afternoon arguments will be made. Dr. Robnett’s trial on a similar charge is expected ton begin Friday. The unusual interest taken In Wash ington in the court-martial of Paymaster George P. Auld, charged with assault on Dr. Edward S. Cowles at a hop last De cember, has caused a request to be sent here for a full transcript of the proceed ings to be mailed to Secretary of the Navy Meyer and Senator Lodge. ATLANTA. GEORGIA. FRIDAY. FEBRUARY 4, 1910. 35 MINERS KILLED IN KENTUCKY DUST: 33 VICTIMS FOUND Burned and Mutilated Bodies Are Removed From 111-Fated Browder Mine Near Drakes boro-Several Are Missing RESCUE GANGS WORK ALL NIGHT IN SHAFT / . - -. DRAKESBORO. Feb. 2.—Thirty-three miners are known to have been killed, two are missing and 15 more or less in jured as a result of the explosion in the Browder coal mine near here yesterday. There were 100 men in the two wings of the mine at the time of the explosion, but 50 in the west wing were uninjured and easily escaped. Those In the east wing, however, felt the full force of the explosion and it is believed that by night the list of dead will total 35. One or two of the injured are in a critical condition. The dead min ers were nearly all residents of this im mediate section, about half being whites and the remainder negroes. There were no foreigners employed at the mine. MINES CLOSE DOWN. As a result of the disaster all of the mines in the vicinity closed down today, the men offering their services in rescue work. The town of Browder is a place of a few hundred inhabitants on the Louisville and Nashville railroad, about eight miles from Drakesboro. The bodies of 33 have been recovered. Five or six are injured. LIST OF DEAD. The following have been identified: JUDGE MATT ALLEN, police judge of Drakesboro, aged 50; leaves wife and six children. ARTHUR RICHARDSON, blacksmith, aged 42; married. PETE KELLEY, mine boss; married. BES LESLIE, track layer; married. ALEXANDER WILLIAMS, aged 54; married. MAX ENGLISH, aged 25. RAY BENNETT. RAY MARTIN. ESTILL CORNETT, aged 21. EUGENE CORNETT, aged 23. MATT LLOYD. WILL RENO, a negro. Several other negroes were also ident ified. Pete Kelley, the mine foreman, is missing and it is not known is still in the mine. One other man is missing, but his name is not known. GAS HAD ACCUMULATED. The explosion is supposed to have been caused by one of the miners going into an unused room, where gas had accumulated. His miner’s lamp Is be lieved to have set Are to this gas. caus ing an explosion of such force as to cause the immediate death of all who were working in the eastern wing of the mine. The news of the explosion spread rapidly and in a few moments the peo ple of the litle mining town were crowd ing around the shaft wildly. Women and children, almost crazed with grief, pleaded with those in charge of the mine for news of their loved ones, and it was almost impossible to keep the mouth of the shaft clear. Fortunately, the fire, which was started by the ex plosion, died out quickly and the fans were at once set in motion. A few mo ments after the disaster a relief party, headed by Andrew Hogg*, vice president and general manager pf the Elk Valley Coal company, and composed of the men who had escaped from the mine as well as numbers of miners from other work ings, entered the wrecked shaft. SMOTHERED TO DEATH. The rescue party found a scene of de struction that left no doubt as to the fate of the men. The first bodies re covered were in fairly good condition, the men having been smothered to death and not mangled by the explosion, but as the party pushed on they found bodies so mutilated that they were un recognizable. Cars and debris of all description had been tossed about the plosion. Will Reno, who was in charge mine by the terrible force of the ex of the cage, was found dead at the bot tom of the shaft. It is not known whether he was killed trying to reach his cage and take the miners to safety, or whether he was blown there by the rescuer^wo^ked' steadily ail night. General Manager Hogg only coming up at intervals to get some air. although the uHipr men worked in shifts. each body was brought up the crowd surged irresponsibly forward to see if any of their loved ones had been res cued Most of the victims were married men with families. The crowd remained about the mine all night. Pete Killy, the mint toreman, has been in mine accidents before. He had fre quently told his wife that should an ex plosion ever occur in the mine in which he working he would make his escape tn some manner either by rushing to the airshaft or to some safe part of the mine. The members of his family are hopeful that he has escaped the fate of his fel low workers. The mine officials, however, are not so optimistic. The machinery of the mine was not much Injured and the fans worked after the explosion. Each shift that went into mine had more vol unteers than could be used. The Browder mines, together with three other mines in the vicinity have recently changed hands, having been purchased by a syndicate composed of Tennessee and West Virginia capitalists. Ex-Gov. Bennett McMillan, of Tennes see is a stockholder in the company which is known as the Elk Valley Coal Mining company. Early today 25 bodies had been recover ed. most of them unidentified. Os the 100 men In the mine when the disaster took place, it Is now almost cer tain that a third have perished. Expectation Confirmed WASHINGTON. Feb. 3.—The situation reported in Honduras confirms the ex pectations which the Central American diplomats here have been entertaining since the fall of Zelaya. It has only been deferred, they say, until the former dictator of Nicaragua seemed to be well on his w'ay to Europe. Did This Woman, On Trial, Cause Biggest Railroad Defalcation ? Snapshot of Mrs. Jeannette Ford in court at Cincinnati, where she is on trial charged with blackmailing former Treasurer Warriner, who is serving a term in Columbus, 0., penitentiary for stealing 3650,000 from the Big Four railroad. He aJleges that she blackmailed him out of the larger part of that amount. TELLS HOW HE STOLE TO DEFEND SELF FROM WOMAN Charles L. Warriner Gives Particulars of Defalcations, Which, He Says, Mrs. For(taCaused--Says Predecessor Was Short-Arbitrated Cooke-Ford Row (By Aisociated Press.) CINCINNATI, Feb. 3.—The court roorjj was thronged when the trial of Mrs. Jaanette Stewart Ford, charged with hfcßefcmailing Charles L. Warriner, de faulting local treasurer of the Big Four railroad, was resumed today. The cross-examination of Warriner was continued by Attorney William Thotn dyke, of counsel for the defense. This was the fourth day that Warriner was on the witness stand. That he would make further sensational revelations' l»e --fore being excused was the belief of many who have followed tne case. His statement on cross-examination that Mrs. Ford did not know that he was short in his accounts, but that she knew that Edgar S. Cooke, of Chicago, had been short when he left the Big Four service, caused general surprise, as it had all along been supposed that Mrs. Ford knew of Warrlner’s shortage and that he had paid her money to remain silent. * COOKE EXONERATED. It also has become apparent that War riner does not intend to accuse Cooke of blackmail. He repeatedly has declare! that Cooke has never extorted money from him, but that he supplied him with funds.for the purpose of keeping Mrs. Ford silent, as she was equally danger ous to both of them. Warriner testified today to rebuking Cooke for irregular habits and neglect of his family. . He admitted that he had only visited EBUSINESS MEN AS ACTIVE AS LABOR MEN? Labor Leader Says 90 Per Cent of That Element Will Vote for Bond Issue At the meeting of the Federation of Trades the president, Mr. William Van Houten, spoke in favor of the bond issue. After the meeting one of the leaders of the working men remarked: “The workingmen of Atlanta are going to do their duty in this election. At least 90 per cent of them will vote for the bond issue. If the election is lost, it will be due to the lethargy of business men.” A canvass of a portion of the business streets seems to confirm this view. Os 1,034 voters in those places of busi ness only 448 were registered. SHOWN WON'T PUY WITH LOCAL OPTION, IT 15 SAID \ But Governor Denies Report in Toto-Judge Russell Is Mentioned Next Rumor and press telegrams have had it in some quarters for a day or so past that Governor Brown had refused flat out to run on a local option state plat form for a-second term as governor of Georgia. Governor Brown was asked about the matter Thursday morning. He denied it in toto. “There’s not a word of truth in the re port,” he said. "Not only is it untrue that I have refused to run on the local option platform, but It is also true that nobody has even approached me about running, and I have said nothing to any body on the subject.” In the same report it was set forth that in view of Governor Brown’s alleged refusal to lead the local optionistszJudge Richard B. Russell, of the state court of appeals, would very probably be the candidate. Efforts to reach Judge Russell availed nothing. He was not in his office at the capitoi and could not be located else where. A Chicago to settle a row between Cooke and Mrs. Ford, when Cooke had beaten the woman and she had threatened to appeal to the police. Charles L. Warriner today testified un der oath that Frank D. Comstock, hia predecessor as local treasurer of the Big Four railway, was short $10,500 when Warriner surceeded him. "I assumed that shortage as part of my own," said Warriner. STOLE FROM REMITTANCES. Explaining his system. Warriner said: ’ “I took the money froin the daily re mittances of the station agents. These va ried. but some time ran as high as $200,000 or x 5300,000 a day. It was only necessary for me to make the credit less than the emount received.” The fact was brought out that the au ditor of the road had duplicates of the station agent's remittance slips, with which to check Warriner’a account. Warriner denied that there had been any understanding between him and the auditor, and said the latter did not know of his shortage. “Who is the auditor of the Big Four?” "P. A. Hewitt.” 1 "If he had compared the remittance slips with the general ledger he woula 1 have found you out in a moment, would he not?” "Yes,” nodded Warriner. “Did you change the remittance slips?” “No, I just changed the total credits.” Warriner testified that as treasurer he paid many rebates. Asked if any of them I were illegal, he replied: "I don’t know.” FATHER’S HEROIC WORK SAVES DAUGHTER'S LIFE C. B. McGinnis Badly Burned in Extinguishing Flames That Had Enveloped Child Wrapped in flames that were rapidly burning away her clothing, little Ruby McGinnis, panic-stricken, rushed madly into the room where her father, C. B. McGinnis, a well-known Decatur contrac tor, was seated, and it was onlj- through his heroic efforts that he managed to ex tinguish the blaze and save the life of his child. When the little girl fled into her fath er’s room, screaming at the top of her voice, the father thought of nothing ex cept the saving of his child’s life. The instant she entered his room door he grabbed her In his arms and began smothering the flames. Mrs. McGinnis, attracted by the cries of fire, entered the room at this time and blended her ef forts with those of her husband. ? In madly grasping the little girl about the neck. Mr. McGinnis managed to ex | tinguish the flames that were playing about her face and head, and he then turned his efforts toward getting the clothing from the child’s body. As the mother threw a rug about her daughter’s form the father began smothering the flames with his naked hand. It was found impossible to extinguish the blaze with the small rugs that were in th-j room, and the father found it necessary to smother them all with his hand. While choking the flames with his hands Mr. McGinnis suffered intense pain, but not once did he falter. He stuck to his work until the clothes of the child fell to the floor a mass of charred ruins, and his hands were so badly burned that he found it impossible to close them. The mother of the girl was not burned, the rug which she used in fighting the flames saving her from any injury. The heroic work of Mr. McGinnis un doubtedly saved the life of his young daughter, though he suffered burns about the hands and arms in extinguishing them. The girl was not burned in the least, her escape being one of the most remarkable on record. Every parcel of clothing was burned, though not a mark did the blaze leave on her body. In fight ing the flames the father of the child pull ed the clothing from close contact with his daughter a bodv -nd this probably pre vented the fire from burning her. ANTHONY MURPHY WILL PROBATED IN SOLEMN FORM R. Emmet Murphy Gets Abso lutely Nothing, While Antho ny Murphy, Jr., and John K. Murphy Get $2,000 Each BIG ESTATE DIVIDED AMONG OTHER HEIRS The will of the late Anthony Murphy, rich and successful pioneer Atlanta citi zen, who died over a month ago, has been probated in solemn form, in the Ful ton county ordinary’s office, practically disinheriting two sons. John K. Murphy and Anthony Murphy, Jr., cutting them 1 off with only 32.0C0 each, and dividing al) his other wealth among his heirs. X. E. Murphy, another son. is cut off without a single penny from bis father. The Murphy estate consists mostly of real estate, bonds and other securities. It is variously estimated between $500,000 and sl/00,00), and may slightly exceed even the later figure. The testament is dated May 26, 190 S. less than a year ago, and is written in pen and ink. Its first clause provides that all debts of the estate shall be paid. Next it provides that all the following prop erty shall be sold at public outcry or private sale, either for cash or on time. 1 PROPERTY TO BE SOLD. Forty-two acres in land lot 10, bounded by Glenn street, Murphy avenue, Shelton street and Stewart avenue; 190 acrerf in land lot 101. and 170 acres In land lot 102, in the eighth and fifth districts of Har alson county, near Tallapoosa. Ga.; No. 149 Marietta street; house and lots known as Nos. 5 and 15 Rhodes street; two houses, Nos. 89 and 93, and lots on West Cain street; lots 591. 659 and 668 in Haral son county; 20th and 3d districts in Polk county; mineral Interests where there -s gold, in 40 acres in Cleburn county, Ala.; one-fourth interest in lots 427. 428 and 438 in the 15th district, second section, Cher okee county, Ga.; one-half Interest In lot 10, 15th district, Cherokee county. After taxes have been paid and other liabilities removed, the proceeds from the sale of the above mentioned property, says the will, shall be divided as fol lows: To John K. Murphy, $2,000; to An thony Murphy, Jr„ $2,000; the balance to be equally divided between Annie E. Tanner, Kate M. Sciple, Adelia M. Rob inson. and Charles C. Murphy. All money, bonds, notes, stocks, etc., 3 shall be equally divided among his wife, Mrs. Adelia R. Murphy. Annie E. Tan ner. Kate M. Sciple, Adelia R. Robinson, and Charles C. Murphy, or their heirs. • All the debts due the estate by R. E. Murphy, John K. Murphy and Anthony Murphy, Jr., shall be cancelled, provided thev do not contest the will. It is fur ther provided that if any of them con test the will, all the debts shall be col lected. and the bequests of $2,000 each to Anthony Murphy, Jr., and John K. Murphy shall be annulled. A gold-headed cane is willed to Charles E. Murphy, William 'M. Tanner, a grandson is given a S2O gold-piece; Henry Tanner is given a gold watch, to Charles E. Sciple is willed a shotgun. It is ordered that a monument be placed over the graves of the testator’s father mother and sisters. The executors are Mrs. Adelia R. Murphy, Mrs. Sciple. G. H. Tanner and Charles Murphy, who shall serve with out bond or compensation and shall t make no returns to any court. In the ra event anv executor be dead,it is ordered that the surviving executors choose 3 either Charles E. Sciple or E. B. Robin- | son instead. G. H. Tanner is dead, so one of these gentelmen will act in his J stead. OR. C.OLCIMAN KILLED ■ mOHJHM Promnient Physician Is Found Dead With Pockets Rifled. Watch Tom From Pocket AUGUSTA. Ga.. Feb. 3.—Acting on the theory that the murder of Dr. Charles TV. Hickman, who was found dead in ‘j the streets last night with two bullet holes in his body and his pockets rifled, was not what they term an ordinary “negro killing.’’ the police today redou bled their efforts to solve the mystery surrounding his death. A close search into the murdered man's affairs shows an utter absence of any motive, except robbery, but the police claim they are not prepared to accept that the ordinary. The second person known to have reached the corpse after the shooting stated positively today that Dr. Hickman’s watch fob was hanging out of his pocket, and says he saw no evidence of robbery. Numerous letters, found some distance from the are held by the police. •Kt the inquest, which was starred this afternoon, nothing in the way of new evidence was produced, but two negroes are held on suspicion of knowing some thing of the crime. The county commis- J sion has asked the governor to offer a reward for the cor fiction of the mur derer. MR. J. A. AYCOCK DIES AT CARROLLTON, GA. | A Prominent Cotton Oil and Fertilizer ' Man News has been received in the city of the death of Mr. J. A. Aycock at his home in Carrollton, Ga. He had been ill for the past six months. The deceased was well-known all oxer , the state. He was particularly weil- I?1 known in Atlanta, as he had been for years most successful in the cotton oil and fertilizer industries. He was for merly manager of the Mandeville mills, t /jfiES of Carrollton, and at one time was presi dent of the Georgia Cotton Seed Crush ers’ association. He had a most genial manner, which gained him friends wher- W ever his business interests took him. He leaves a wife and three grown sons. The funeral will be held Friday after noon at 2:30 o clock in Carrollton, Ga., and the burial will take place there. No. 41.