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TIMES-ENTERPRISE THOMASVILLE, GEORGIA,, SEPT. 16 IMS
NEW TRIAL'REFUSED
TO RAWLINGS FAMILY
Judge Robert Mitchell Sees No Reason For It.-
Exhaustive Argument Results In o Failure.
Court of last Resort Will Be ’Sought
From Sundtr'. Issue.
Motion for now trial in the caw*
* of tha Rawllngaes, board yesterday
morning before Judga Robert Mlt-
. cboll waa denied.
No Terr startling new testimony
waa Introduced at the'bearing. Prob-
ably the most aenaatlonal allegation
mentioned was not allowed by the
fudge and did not therefore enter
the recorda. This was that one of
the Jurors In the trial of old man
RgwUngs had announced before the
trial that he would begone of any
party to lynch the whole gang of
Rawlingses. Just before the trial
Sagan yesterday morning Attorney
COoper received an affldarlt from
Cone Carter of Echols county to the
effect above mentioned. Very little
credence waa put in the affltUvlt by
either the'defense or the prosecu
tion and Mr. Cooper did not try very
hard to get the affidavit admitted as
a part of the motion.
Mr. Cooper, who has defended the
Rawllngws from the very first, says
that he believes the whole bunch are
innocent and that he will push the
case to the last ditch, lighting every
Inch. Papers were Hied by,Mr. Coop
er Immediately after the signing or
the refusal to grant a new trial, car
rying Hhe matter to the Supreme
- Court where It will be heard during
the Drat of October.
Solicitor Thomas says that every
method possible will be used to rush
It to a final culmination. Thus far,
this trial has proceeded with more
eipedltlon than almost any trial of
like Importance that has been bad In
Oeorgla In years and It Is not likely
that these tactics will be laid aside
now.
Long Records.
As bas been stated several' times
In connection with the Rawlings
trial, the records taken In the case
are the most voluminous ever rec
orded In Georgia. They cover 1,000
typewritten pages and contain 400,-
000 words, and Mr. B. W. Davis,
court stenographer of this clronlt,
received $800 for the work of tak
ing down and transcribing them.
During the course or his argument
yesterday Attorney Cooper took oc
casion to call him the best In Georgia.
If alt this evidence had been'Intro
duced In the hearing for a new trial
an end could not have been hoped
for In a week. Attorney Cooper had
gone over It very carefully though
and had boiled down hla dissenting
grounds. He submitted these grounds
on Friday to Solicitor Thomas, who
went over them checking those parts
or them which were correct and strik
ing out those parts which he regard
ed as erroneous. Be It said to tho
credit of Attorney Cooper tbatthe
Solicitor found very little to strike
out.
The severest clashes In the bear*
lng yesterday came over the admis
sion of certain grounds for objection
which Mr. Cooper wished to lusert,
but which he had hot raised at the
time of the original trial.
He said that the dying statement
of little Willie Carter should not have
been admitted, pleading as one of
hla reasons the fact the constitution
of the United States grants to every
man . the right to face the witnesses
against him. No such objection ves
"registered by the defendant during
the trial and Judge Mitchell ruled
that It could not now be Inserted. It
ft thought that Attor. Cooper was es
pecially anxious to get this objoc.Uon.
,. jeglstorcrt so as to give him a chance
to tibe the case to the Supreme Court
•r th* United States It the Georgia
Supreme Court refused to grant a
now trial.
.Passmore In coming into court be
fore the Jury and announcing that
he had found a pistol In Mrs. Raw
lings’ grip. "Tbtoi” said be, was
calculated to prejudice the Jury
agalpst the entire Rawlings family,
and make it impossible for them to
obtain an Impartial trial.” It teems
that Judge Mitchell differed with
Mr. Cooper as to the way Mr. Pass-
more made this announcement, hold
ing that the sheriff did not run into
court in an- excited manner,, as tho
defendant claimed, but did his duty
exactly Id announcing hla discovery.
On Sunday Morning.
The Jury brought in Its verdict of
guilty for old mart Rawlings on Sun
day morning, or rather at 1$: 45 Sat
urday night. Attorney Cooper he^d
this to be .contrary to law. The Su
preme Court has held that a Jury
can bring in Itr verdict after mid
night on Saturday In a civil case, but
Mr. Cooper says It Is different in a
criminal matter where a man’s lifg
is at stake.
The defense seemed to regard as
Its main chance for a new trial In
the old man Rawlings ca*'- Mr.
dooper called It, “a dead shot”—the
fact tbat a bill of Indictment of Car
ter against Rawlings, taken out last
year for assault with latent to mur
der, was admitted to evidence.
Lawyers Get 91,000.
The only representative of the
Rawlings family present at the trial
'yesterday waa Mr. J. J. Jowers of the
Coffee 'County, father of Mrs, Rawl-
tng{. Mr. Jowers is a 'prosperous
farmer. He owns five farms in Cof
fee county, one of them containing
as many a* 200 acres. Mrs. Rawl
ings and her two girls have gone to
Attorney Cooper gave In to the point
saying with a touch of feeling, "your j„ Te wlth blm . He „„ tbmt tb „ fun .
word Is law aim gospel and I-do not| Ujr „ , n . btd way have no
put mine up against It.” property left down In Lowndes. They
8iomr
In each Ot the three
heard.
■U v the applicant presented more than
thirty reasons why he thought a new
- oagit to be granted. 'He^^
Mr. "Cooper held that Alt Moore,
the negro who confessed^ and Impli
cated the others, and whose testimo
ny ws largely responsible for all the
convictions, was not a competent wit
ness. He held that Moors’* testi
mony ought to be ruled out, and tbat
bis confession was not to be relied
on because It wag majle under hope
of reward. ' In this connection, arose
the one single objection of the com
plainant to the records of the stenog
rapher.. The records showed that
Mr. Ivy told Alf Moore that It would
be bettef for him to tell the whole
truth. Mr. Cooper understood this
testimony to be that Mr. Ivy told Alf
Moore to tell “It.” Owing to the
preponderance of evidence against
him, Mr. Cooper very gracefully ac
cepted the records as being thmtrue
facts, and withdrew his opinion.
In the matter of the three boys,
Mr. Cooper objected strenuously to
the admission ot any testimony rela
tive to the state of feeling existing
between old man Rawlings-and old
man Carter, on the ground that Car
ter eras not harmed and that nobody
was being tried for murdering him.
It waa evident that Attorney Coop
er had made a close study ot the cases
but at the same time he showed plain
ly that he expected nothing better
than what he got, an overruling. In
the main his objections and reasons
why the original trial was not fair,
and ought not to be final, were far
fetched and struck one with the like
ness of the drowning man catching
to a straw. Illustrative of their na
ture was his holding that In the case
of Jesse and Leonard, the state was
given 10 strikes, when they ought
to have been allowed but 10.
Where one person la tried at a time,
the defense has 20 strikes and the
state 10, '‘These two boys, being
tried together,” said Mr. Cooper, ”en
titled the defense to 40 strikes, 20
for each defendant, but the rule
work* only one way and the state
still has no right to any but its 10.'
did own a farm, but this waa con
sumed In paring the debts of the
family and for lawyers' fees. Mr.
Cooper, said, Mr. Jowers, received
$1,000 and Mr. Oscar Smith, asso
ciate counsel, $500 for defending
the family.
Mr. Jowers seems anxious about
the final outcome of the trial, though
he says that he never had mach to
do with Rawlings himself, that he
waa a fractious man, a(ways In trou
ble with bis neighbors and that he
did not want blm around.
action ot Sheriff to catch him.”
Couldn't Catch Thomas...
It will be remembered that during
the speech of Attorney Whittaker,
who was assisting Solicitor Thomas,
he made an eloquent flight of ora
tory to the effect that It had come to
such a pass in the good old county of
Lowndes that a man could not lie
down at night and feel safe. The
defense objected strenuously at the
time to the admission ot such an- In
cendiary speech and moved then for
a new trial. Judge Mitchell caution
ed the jury to allow the remarks to
have no weight whatever with them,
but refused the new trial. The com
plainants however, cited this again
as a reason why another chance
should be allowed. In speaking ot
the complaint Mr. Cooper said: “1
regarded the remark as an accident.
Mr. Whittaker did not realise it*
significance and his apology was full
though It coufi not repair (he dam
age. Of course Solicitor Thomas
would not have made such a speech.
He to up In the business and knows
just what to say and where to stop.
I had my eye open for him all the
way through, but leaver was able
NELSON WINS
FROM BRITT
San Francisco, Cal., Sept $.—Nel
son won the light this afternoon with
Britt In the 18th round. The fight
was a hard fought affair, both men
being severely punished... Up to the
18th Britt had things all his own
way, but a double upper cut on the
left jaw In that round put him out
at on* fell blow. Jeffries refereed
the fight and gave satisfaction.
There was a stake of $70,000 on
the contest and by Its rules the win
ner was to get It all, but It 1s un
derstood that by a private under
standing the winner was to get only
sixty per cent and tbe loser forty per
cent, Jeffrie* received five thousand
for hts services as referee. Alt the
odds were on Britt and a large amo
unt of money changed hands aa a re
sult of the surprise.
MAY RESIST
ROAD TAX
/ *
The collection ot the road tax of
$2 on each thousand of taxable prop
erty fixed by the county commission
era may be resisted by the people of
Grady county. Those living In tbe
territory recently cut off will pay
their taxes for 1105 to the parent
county and Tax Collector Heeth will
call upon them as usual during the
next few weeks.
They do not object to the regular
tax of $X per thousand for the usual
exepenses of the county as they have
received and are dally receiving the
benefits of that, The new road sys
tem has not been put into operation
and. will not 1 be nntll after the formal
separation of Grady. The people of
the new county feel that they will
be paying ont their money and will
receive no benefit In return because
the money will have to be spent In
Thomas county.
MANY CARS
BRING FREIGHT
MUST CHANGE
NAME OF CO.
The Incorporators of the Farmers'
Co-operative Insurance Association
of Georgia held a meeting here yes
terday morning at the court house.
They bad expected to find their char
ter ready and to begin work at once.
They found awaiting them, howotcr,
a letter from Comptroller General
Wright In which he refused to gram
them lettors of Incorporation under
the name and style above mentioned.
His objection was not due to any
doubt as to the reliability of the con
cern but merely on account of a tech
nicality. The name fhoaen to a du
plicate of another company now op
erating in the state except for ono
word. Fearing confusion would re
sult Mr. Wright has required them
to change their name. This action
on hla part will delay the start of th«f
company tor another month but will
not otherwise Interfere with their
plana. t.
Mr. Robert Alexander baa written
to Mr. Wright with another name in
view and has asked him if that to
satisfactory or has Invited the comp
troller to choose the name himself.
Aa soon as he seta the seal of hla
approval on the name the articles ot
lnoorporatlon will be published again
under the new style.
There 1s a great crush of business
at the Coast Line freight depot h4re.
The same condition obtains else
where in South Oeorgla and there Is
some dlfllculty in securing cars to
transport cotton to the compresses.
The cotton movement to not so much
answerable for tbe congested condi
tion of affairs as to the increase In
commercial business.
Railroad men say that Thomasvllle
to doing a larger business than ever
before. In former times the hand
ling of 25 ears of merchandise was
considered a big day’s business. Now
the average to about 40 cars a day.
These and many other Indications
point to Thomasvlllo's growing Im
portance aa a trade center.
TO I Si PRO RE AND BRE8ERVE
YOUR BEAUTY
USE
Nadine Face Powder.
Copyrighted in Green Boqss.
SUPERIOR IN QUALITY. HARM
LESS AS WATER-
Face powder U compounded and parl*
by a newly discover ~—
duces a beautiful, soft, eel
velvety appearance,
ted off. Ladies whe
iplea-
_ beaatifnL .
fe remains anti! wastai
adlne Pace Powder are sure the
ion will be fresh and lovely at close at
in*. The quality is nnequated. Buy one 50c
green package of Nadine Faisi Powder, and if
you are not entirely aatisfied notify us, and
will promptly REFUND YOUR MONEY.
Bold by all leading druggists, or mail price
White, Plesh, Brunett, prepared only by
National Toilet Co. paria, Tenn
South Georgia Co.
Mr. Paul C. Jack to In the city
working up a Thomasvllle branch of
the Angelas Insurance Company of
Moultrie. This to a new concern but
It to backed by some of the beet men
In South Georgia. Mr. Jack has se
cured Mr. T. E. Amaaon as local rep
resentative and they have already
done a very creditable buslneat here.
Any move that will tend to cut oil the
stream of money constantly going
from the south to the north as a trib
ute to the Immense Insurance or
ganisations there will be hailed with
delight by aoutbern business mep.
Cued ot Lame Rack After 10 Tears
of Snffertng.
“I had been troubled with tom*
beck for 15 years and I found a com
plete cue In toe use of Chamberlain’s
Pain Balm.” says John O. Btoher,
Gtllam, Ind. This llnment si also
without an equal for sprains and
bruises. It to for sal* by J, W. Pea
cock, Thomasvllle, Oa-
OFFICIAL ACTS
OF COUNCIL
Council Room, Thomasvllle, Ga..
Sept. 4. 1905.
Connell met In regular session.
Mayor Roddenbery presiding .Alder
men Hambleton, Pittman, Lewis and
Cochran present Minutes ot tost
meeting read and confirmed.
The following licenses were grant
ed: Roxie Brown, restaurant;
E. Smith, merchandise; Thomas
Co., money lenders; Asa Jackson,
merchandise; Will Mitchell, cleaning
and dyeing.
Alderman Hambleton reported that
the pipe had been ordered fo.- the Im
provements of the sewerage at I lie
Atlantic Coast Line Rallrodd crossing
Alderman Evans made the follow,
lng report:
Thomasvllle, Ga., And 31.
Mr. James F. Evans, City:
Dear Sir—Below you will find re
port on lights:
August 1—Light ont, back yard,
rear NaL Bank, all night—12.
Ang. 2—light ont, Jackson and
Crawford streets from 3 to 4—1. •
Ang. 3—nil lights ont from 7:25
to 8:10 8-4. ,
Ang. 4—light ont back yard rear
rear Nat. Bank, all night—12.
Aug. 4—all lights out from 7:25
to 8 p. m.
Ang. 9—light out Broad and Jack-
ion streets from 8 to 4 a. m.—2.
Aug. 11—light out Brroad and
Jackson streets from 1 to 4 a. m.—2.
Aug. 18—light out Stephen and
Jackson streets from 7 to I p. m.—2.
Aug. 28—light out Hansell and
Collins avenue from 7 to 11 p. m.—
Ang. SO—light out Jackson and
Love all night—12.
Arc, 24 hours.
Series, 38 houra.
Respectfully.
S. P. Doss, Policeman.
Alderman Cochran reported that
the Hammond Daniels building had
been made to conform to the ordin
ances In references to fire depart,
ment.
Alderman Hambleton reported ad
versely on petition of W. C. Snod
grass which was adopted.
Alderman Cochran introduced the
following ordinance read the third
time and pasted:
"Be It ordained and It to hereby
ordained that on and after the paa-
FAILING
WOMEN
Many women suffer untold torture
through nerve debility, caused by
disorders of tbe feminine organs, and
drag along from day to day, getting
worse all the time. ...
They know their Deeds, bnt natural
modesty makes them shrink from ex
posing themselves to the embarrass
ing questions of the family physician.
In such cases os these a woman’s
future happiness or misery hangs on
the selection of a remedy. If she gets
the wrong medicine her troubles
grow worse and her hopes of finding
relief become blighted. Tbe chances
are she will never make another ef
fort to find relief aa long as she lives-
What she needs to
WINE
OF
LIFE
This Is not a patent cure-all bnt
to a prescription scientifically com
pounded from pare Herbs and vege
table Iron. The component parts aroi
PEPSIN, IRON. CELERY.
8PANI8H WINE AND
COD LIVER OIL
known In every household astbe best
and most efficient blood, nerve and
strength builders.
A sample of Wine of LUO will con
vince yon that It to wholesome nutri
tion* and extremely palatable, and
Instead ot destroying tbe mucous
membrane'of tbe stomach and intes
tines, it enriches tbe blood and in
creases tbe secretions by strengthen
ing tissues and digestive organs. It
vitalises tbe nerve force so that yon
sleep like a child and multiplies tbe
blood corpuscles that combat all
forma of disease. Beware of chemi
cal adds and Injurious cnre-nlto.
SKIN AND BLOOD DISEASES—
Ecxems, Salt Rheum, Tetter, 8crofnla,
Tumors, Running Sores, etc.
Skin and Blood Disorder* are kin
dred diseases and can be easily cared.
FEMALE TROURLES-Weakness,
Womb and Ovarian Troubles, Irregu
larities, General Weakness In any
part ol the body.
NERVOUS DI8EASES-Nervous-
ness. Insomnia, Nervous Prostration,
Palpitation ol tbe Heart, and all
Stomach Troubles.
• WINE OF LIFE—Price, $1.00.
For sale by Patterson Dru-
Co. Thomasville, J. A . Mid
dlebrooks & Co. Pavo, J. L.
Beatty, Barwick, Wm. Me
Millan, Merrillville.
WHEN YOU GO Jj
to the
Lewis * nd Clark Exposition
at Portland," Oregon,
Von will want to travel in the foil en
joyment of modern 1 Servioe, System,
Safety. ansLtell the man who write*
yonr ticket make it read via
Dixie Flyer Route
THE N„ O.. d> St. L. R. R.
This route takes yon via Atlanta, Chat-
tenooga and Nashville over the beauti
ful Cumberland Mountains, In a
sage of this ordinance that tt shall I through sleeper from TbomasvtUe to
be unlawful for any person or per
sona to drive across or in any other
way Interfere with any fire hose laid
tbe street and for any purpose
whatsoever. Any one Ifi violation
of this ordinance shall he punished
aa prescribed In section 1 of the gen-
oral penal ordinance. All laws or
part* ot laws In conflict with the
above same to hereby repealed.
The city sexton madb the follow
ing report:
To the Mayor and Aldermen
Gentlemen—I have had eleven
burials for the month of August, one
white and ten colored; one pauper,
two non-residents; sold one lot In
Magnolia Cemetery for $5: money
turned over, to city treasurer.
T. J. Franklin,
8exton.
The superintendent of water made
the following report:
Thomivllle, Ga., Sept. 1, 1905.
To the Mayor and Board af Alder
men:
I beg leave to submit the following
report for the month ot August:
Number taps made, 3; meters sold,
10; hours pumps In operation, 270;
gallons water pumped. 5,500,000;
tona coal consumed, 48.
Corresponding month. 1004: /
Number houra pump* In operation,
1(0; gallons water pumped, 6,000-
000; cord* wood' consumed, 41.
J. A. Epply, SnpL
Matter ot regulating report* on
light* that are ont referred to light
committee for report.
Marshal was Instructed to get n
list of ell the September licenses and
tee that they are paid.
The following accounts poised for
TIMES-ENTERPRISB TEN CENTS p * Jrment: J " W ’ DUl0Q ’ ,17 #0:
WEEK. Tom Everett, $4.88; Standard Oil
either St. Loots or Chicago, whsre di
rect connections are made with through
trains for Portland.
25$76.80. Bay a roand trip tloket from
Thomraville to Portland, good for 90
days. Free stopovers at Yellowston*
Park and in the soenio Colorado’s Yon
can return bom* a different rente with-
ont any additional cost. For maps,
schedules, rates and other information,
write E. J. Walker, Fla. Passenger Agt.
Jacksonville, Fin.
J. R. Lawhon,
S9PCHOPPY. FLA.
Runs big Livery Stable and
makes a specialty to travel
ers to cary them from Sop
choppy to Panacea Springs
New Rigs, well Bred Horses
Prompt attention.
Best for Children.
Mothers be careful of the health
of your children. look out for
Coughs. Colds,, Croup and Whoop
ing Cough. Stop them in time—one
Minute Cough Care to the best rem
edy. Harmless and pleasant Con-'
tain* no oplatea. Sold by Bracey
Pharmacy.
Company, $28.0)8; The Ahrens A
Ott Mfg. Co.; National Meter Co.,
852; Thomson Meter Co., 860.40;
R. Thomas Jr., $12.10; Press Pub
lishing Co., 21.60; J. T. Pittman A
Son, $20.80; J. L. Williams, 212.
New accounts referred to commit
tee*.
Council went Into execnUye sca
llion to revise tax books and at 10:20
p. m. they adjourned to meet .Tues
day, Sept 6, at 7,p. m.
K. T. Maclean. Clerk.