Below is the OCR text representation for this newspapers page.

The Macon Daily Telegraph WEATHER FORECAST FOR GEORGIA: FAIR TUESDAY AND WEDNESDAY: COOLER IN WE8T PORTION TUESDAY; COOLER WEDNESDAY! LIGHT VARIABLE WINDS, SHIFTING TO NORTHEAST. ESTABLISHED IN 1U0. MACON, GA., TUESDAY MORNING, NOVEMBER 10, 1908 DAILY, $7.00 A YEAR. EX-SENATOR CARMACK IS KILLED IN THREE-CORNERED PISTOL DUEL WITH DUNCAN C. COOPER AND SON Culmination of Bitter Feud Engendered By Politi cal Strife. < ASSAULT ON THE EDITOR STARTED BY THE COOPERS! I As Former United States Senator and i Editor of tho Nashville Tennesseean, i E. W. Carmack Was One of thej Best Known Men in the South—Dun can Cooper is Well Known News paper Man—Tragedy Grew Out of the .Bitter Political Fight Waged in Tennessee During Late Campaign- All Nashville in Turmoil Over the Deplorable Tragedy. NASHVILLE. Tenn.. Nov. 9.—As a sequel to the recent hitter democrat!© pri mary for the gubernatorial nomination In Tennessee. Hon. Edward Ward Carmack, former United States senator from ren- neasee. was shot and killed In a street duel here this afternoon by Robin Coop- er, a young attorney. Young cooper was wounded In the shoulder by a bullwC- from Carmack's revolver, and l* tonight under police’surveillance In a local hos pital. Hla condition Is not serious. Carmack was wounded three times. In the neck, the breast and left shoulder. Col. Duncan B. Cooper, father of the was with his son during the uui «14 not Are a shot. It Is said he stood bv with pistol In hand. ’ He* ts detained tonight at police headquarters. Cause of Trouble. The direct cause of tho killing la a recent series of editorials Ip tho Tennes see™, a dally *paper. of which Mr. Car mack became editor after his defeat for the nomination of governor. The edito rials In question had been vigorous In their comment < leged connect termed the Its methods, v.01. vuu»«t »»*-•*- known In business, newspaper and polit ical circles In Tennessee and the south, had. it Is said, notified Mr. Cnrmuck that the references to him must cease. An other such editorial appeared this morn ing. Fought at Close Quarters, The men fought at oloae quarters and there were but few witnesses. It was past 4 o'clock In the dusk of the after- north, dhiwliy'tn 1 front tS'tSoWL'LcS' a fashionable apartment house. Mr. Car- mark had Just lifted hla hat to .Mrs. Chas. H. Eastman, a friend, who was passing. Jn a moment the. flelng began and Mrs. Eastman was a horlfled witness at close range. Bo close was she that one of tho Coopers Is said to have charge Carmaclv EDWARD WARD CARMACK was born near Castilian Springs, Sumner county, Tenn., Novem ber. 5, 1858; received an aca demic education; studied law and began practicing at Colum bia. Tenn.; was elected to the legislature as a democrat in 1884; in 1886 joined the editorial staff of the Nashville American; In 1388 founded the Nashville Democrat; aftorwards became editor-in-chief of the Nashville American when the Democrat was morged into that paper; in 1892 became editor of the Mem phis Commercial; was married in April. 1890, to Miss Elizabeth Cobey Dunninqton, of Columbia, Tenn.; was delegate for the state at large to the democrats national convention in 1896; was ' STected to the fifty-fifth and fifty-sixth congresses; was elect ed to the United States senate to succeed Thomas B. Turley, democrat, who declined to stand foi re-eletion, and took his scat March 4, 1901. His term of of fice expired March 3, 1907. clean i the fa- The tragedy crented tho most Intense excitement throughout the city and with in a short time the streets In tho neigh' borhood were thronged. .Effort to Silence Carmack. A statement. Issued by friends of the Coopers, tonight says, that Col. Cooper * - * - icentlv talked with K. A. Craig, of -* ’1r. Cr~ » Mil. rials. Col. Cooper had told Craig, the statement says, that he wanted tho ref erences to himself stopped, that r" —- private citizen and Carmack had ISJ „ r Mr. Carmack about tho matter and reported that earmark would consent to no rc - tlons with Cooper. Mr. Craig, howe Is said to have expressed the opinion I the editorial references would cease. Cooper had a letter which he desired to Bend Carmack. Jiut friends against It und urged him to tako lice of tho edltofial this morning. Short executive mansion. .. Seventh avenue, north, for c-onsultatlon MM with Peay, chairman of the democratic state committee. After the appointment was made, continue* the statement. "Jos. C. Bradford and General Tilley Brown again referred to the CarTnack matter and add vised Col. Cooper not to go on the streetl In auch directions as would make proba ble a meeting with Mr. Carmack. T< this Col. Cooper nssented. Ho and his son. Robin, then left the offlco to go to I the governor’s mansion. To avoid any possible meeting with Mr. Carmack thcyi went through tne Arcade and up through] Union street to Vine. Their purposes In taking this route was to avoid a meet ing on the streets. ... Col. Cooper and his son went through the Arcade, through Summer, then tcj Union, and up Union to Vine. Turning Into Vine. Col. Cooper and hla son sari Mr. Carmack walking up Vine streetJ going north on the west side of the street and In the direction of Col. Cooper and hla son. though on the opposite side of the street from them. ,. . _ _ , J Col. Cooper thereupon sold he would go over and speak with Mr. Carmack and see If he would not agree to stop making the nnnnving newsnnper attacks on him. "Col. Cooper walked across the street and approached Mr. Carmack, who wasJ coming facing him at the time. Op’l Cooper had Just begun* to speak with Mr J Carmack when Mr. Carmack drew hla pistol and began to fire It. wjillo a pass ing lady was between Mr. Carmack and Cel. Cooper and his son. who bed run over when Mr. Carmack began to draw his pistol. It Is aald that Col. Cooper asked Mr. Carmeok to come from behind the *adv. when Mr. Carmack thereupon J red two shots, both striking Robin Coop- r. who had Intervened In hi* father’s protertlon. Then It was after being ahot. that Robin Cooper fired the fatal shot. Col. Cooper never lining- n plrtnl nt nll^ "Col. Cooper refused to — effort being made to secure his release upon bond for the present. .He said, it Position of the Body. NA8HVILLE. Tenn.. Nov 9—Df. Mc- Fheeter* Glasgow, wno arrived at the scene soon after the tragedy occurred, ■aid tonight: , , „ _ * , "l found the body of Mr. Carmack !v- Ing on the right side of Seventh avenue. *- —* —Church street from Un Ion street. He was lying with hie hearf facing north and with his right amt under his head. His pistol was lying Just out of reach of his right hand and the ■weapon was pointing south. An evening paner was lying Just out of hla left hand, which held tha stump of a cigar, which crushed. I Immediately summonej signs of Mir when found bv peered to have been tor about five tspre heinw the heart, and remained a The third bullet, walch I conceive to be the fatal one, was In the neck. T wound was one and one-half Inches the left of the median line and one Inch below tho hair line of tha neck, posteri orly. .The bullet entered tho neck and mart, an exit from the mouth of the de- The bullet was found on the ' ngue at the exit of the wound. I think this was the fatal wound. Two front teeth were also broken loos*. I 'think there were two bullets fired from Carmack’s gun." Body Lies fn State. NASHVILLE. Nov. 9.—The body of Mr. Carmack was prepared for burial and .removed to the home of Frank Lan der. general manager of the Tennesseean, Tho combatants evidently very close together when the firing began, but the question of who fired the first shot 1* in controversy. Mrs. Chas. H. Eastman, of this city, and J. M. Kastman, of New York, were nearby when the tragedy oc curred. Mr. Eastman's hearing Is not good and he declared he knew but little of the affair. Mrs. Eastman ^ald: 9tory of Eya Witness. ••We were walking down Seventh street lri tho direction of Church street and had Just passed the entrance to the Polk flats. Mr. Cr — **" —* towards us si He was some —.... r , very few people on the street. Mr. East man and I were near the edge of tho sidewalk and Mr. Carmack would have passed between ua and the fence. He raised his hat as wo spoke. He had Ills right hand up and was about to make a remark when somebody said—It was the older voice—'We.'vd got you all right,’ or something to that effect • l eant say pos itively what the exact words were. It never occurred that It was anything more than a friend speaking. Mr. Carmack raised his eyes. Instantly put on his hat and ran his hand back, when the sanio said: 'You coward, you arp hiding If independent Defeats Wood ward, Believed Primary System Is Killed. MANY FORMER OPPONENTS SUPPORT THE MAYOR-ELECT They Hold Hit Alleged Offense Would Not Be Ground For Impeaohment If He Was In Office and That the Primary SyAem la Worth More to the City Than the Fortunes of Any Individual—Many Participants In Primary, However, De clare They Will Support Independent. Charges to Be Fully Investigated by Chief of Police. ATLANTA. Ga.. Nov. I.—Nothing defi nite has developed In the movement to wards bringing out an independent candi date for mayor against James G. Wood ward. the white primary nominee, here, because of alleged sensational conduct on the part of Mr. Woodward during the past week. Many are declaring openly that If nn Independent is announced lie will get their votes, although they took part In tho primary. They hold that when Mr. Woodward, failed to keep hi* promise in regard to nls habits that he released his friends from further support and mode the obligation incurred In. the primary tlon, and among these i Mr. Woodward's weaknesses were well known to the citizens of Atlanta. In that they were liberally aired during previous r utids of Impeachment If he office at the preaent time, and stand on tho position that, the primary Is worth more to the material Interests of the city than the fortunes of any single Individ ual. This 'atter conclusion Is based on the theory that to run * would be bolting the Independent primary; which would probably result In Its nbnndon- Other Possible Candidates. John E. Murpbey. the prominent busi ness man. and r * ~ * *—~ been added to tt ble Independent < At a meeting of the Baptist ministers of the city today strong resolutions con demning the alleged conduct of Mr Woodwurd and calling on the city execu tive committee to withhold confirmation from his candidacy were adopted. It was announced that further action In the movement to bring out an Inde pendent candidate has been suspended pending a complete Investigation of the mayor-elect's conduct. The Investigation will be made by the chief of police. behfhd a woman. Carmnck Jumped id I Jun out i „. _ Jumped Into a gatowny. T saw that Mr. Carmack had a pistol. I turned and said: ‘For God’s sake don’t Mrs. Eastman snld she i States Senator Edward W. Carmack was .... mber of the legislature of 1884. Ho was n delegate to the national democratic convention of 1896 and a member of con gress 1897-1901, from the tenth congres sional district of Tennessee. He served with distinction In the United States senate for six years, being defeated for re-election In the primary a little over a year ago by former Gov. Robert Taylor. Senator Carmack then resumed tho prac tice of law In Memphis, which was then his home, but within a few months re moved to Nushvllle. Championed Prohibition. Last spring he opposed Governor Pat terson for the democratic gubernatorial I nomination, championing tho cause of state-wide prohibition. Carmack wns defeated. Shortly nftcr his defeat Mr. Carmack accepted tho editorship of tho Nashville Tennesseean and for the last two months has been at the head of that ^^enator Carmack’s newspaper career began In 1886 as a member of the editor ial staff of tho NaShvlUe American. Ha founded the Nashville Democrat In 1888 and when It was merged Into the Ameri can he became editor-ln-chlef of tho American. In 1892 he became editor of GOVERNORS MEET IN MEMPHIS TODAY s V WAYS AND MEANS TO BETTER PRICE OF COTTON ARE TO BE DISCUSSED. Commercial Appeal st Memphis. He was married In April. 1890, to Miss Elizabeth Cobey Dunnlngton. of Colum bia. Tenn. Carmack Wasn't Afraid. NASHVILLE. Nov. 9,-Lapa O. Mc Cord. Jr., city editor of the Tennesseean, is quoted as saying that "several friends of - the senator had advised him to be careful, and to all of these admonition* tho senator replied that he did not intend to show the *whlte weather.’ •• Mr. McCord also said that In replying to these admonitions Mr. Csrmack re marked that he did not think Col. Cooper Intended to harm him. Mrs. Carmack Prostrated. COLUMBIA. Tenn., Nov. 9.—Mrs. E. W. Carmarck left here for Nash ville at 5 o’clock this afternoon and she appeared on the verge of prostra tion. Her mother. Mrs. Ellen Dun nlngton. who has been seriously III, wan overcome and physicians wero called In. Fears are entertained f.»r her. The remains of Mr. Carmack will reach here at 10 o’clock tomorrow morning and tne funeral probably will be arranged for Wednesday. It Is thoyght that Bishop E. E. Hoss. of His Brilliant Career. WASHINGTON. Nor. 9.—Senator Carmack la well remembered In Wash ington, where he served In both houses of congress. During hla senatorial ca reer from 1901 to 1907, he made a number of brilliant apeeclfau. MEMPHIS. Tenn.. Nov. 9.—Tomor row the mass meeting of cotton grow ers. factors and ' fnpfehlintH will be called to order by Hnrvle Jordan, president of tho Southern Cotton As sociation, to discuss ways and means by which tho price of the south' great staple can bo advanced. Mr. Jordun and Rlcherd Cheatham, his secretary, arrived here today. Speaking of tho meeting. Mr. Jordan said he expected a Jargo gathering and he aald the work of the meeting will be productive of much good to tho cotton fanner of tho south. The night rldor question will bo taken up and discussed and It Is be lieved the convention will pass a rcso, lutlon condemning this outlawry In thq strongest terms. IN PISTOL DUEL CONNELL IS KILLED MIDVILLE, Ga, Nov. 9.—News hah Just reached here of the killing, of Luther Connell by Johr. Hoge at J. R. Crandall’s saw mill at Gertrude, Ga.. thLce mllea from hc»*e. From reports. Connell fired on Hoge, which he returned, killing Connell In stantly. TWO ITALIAN LABORERS ROANOKE. Va.. Nov. Two Italians. Joe Chlrlce. and Frank Olol, wars found this morning murdered near Rlpplemead, In Giles county., Va. Sheriff Durham, of Giles, went to the scene of the murders, but found no trace of the murderers. A coroner’s Inquest wns held end a verdict returned that Chlrlce cam* to his death from stab wounds In the nerk and Olol frqm a gunshot In the head. th« wounds being inflicted by some unknown person or persons. Tho men were ployed on railroad construction. other things with tho Jndlanola, Brownsville and Panuma revolution Incidents, executive encroachment, etc., and hi* speeches on the subject of the Philippine tariff and In answer to Senator' Foraker on the negro "shoot ing up" Incident at Brownsville, ere among those particularly recalled by the Tenneseeean's admirers. He was a minority 'member of the commutes on the Philippines. Boyhood Home Shocked. CHATTANOOGA. Tenn.. Nov. »/~A special dispatch to the Times from Co lumbia, ’Tenn.. the boyhood home of ex- uuiuwci 9| PFWtMfi , Senator Carmack.. shat th® gwnple though inclined to be sarcastic In somo t ?? •hocked beyond-i an ambulance, and had.the bodv tarried ™ at the newr of the killing of Mr. Cm of his utterances he had many friends . mark ln Nashville. • Business has bee In congress, among both democrat*• m *r>+nded and win not he returned until and republicans, who admired his ! after the funeral. arul hU intellectual ,tuin- | p^p. To.. ,m ^. r rr's,. ' sss? sts- during hla four ML* 1 ** *°T. r the people received the news tmwe la house was his brilliant effort In fils j grief than In anger. The dispatch ad Is: own defense when Josfah Patterson. "It seems the general sentiment her* father of the present governor of Ten- that the killing wa» fnrtlgnted by the ntM„. contMtcd c«jm«ek-. Mat. TirnSl»«° , «nd "hw •rTm.n’r'who'mrS Durtnir hl» MfPWHW.awr k* "tnSSTh.: 1. im constantly attacked the republican ad-1 orotrote the sassage of temr— ~ ‘ ~ ministration, in connection, among | Ulatlon,** Governor Appoints Commis sion to' Investigate Feas- * bility of Scheme. ATLANTA. Ga.. Nov. O.—Oov. Hoke Smith today made hla appointments on tho commission which J» to Investigate tho feasibility of extending the mate road to the sea with convict Jabor. They Jnmea R. Gray, of Atlanta. George Dole Wadlcy. of Forsyth oounty. Paul B. Trammell, of Whitfield county. W. H. Burwell, of Hancock county. The resolution under which the commis sion was created Instructed tha speaker of the house ( —~“ u — * the president their respective bodies. Those named From the House—Hooper Alexander, of The report will be made to the next RECEIVER FOR CITIZENS’ BANK Abbeville Institution Is Closed On Report of Examiner. ATLANTA. Ga.. Nov. 9—Acting on a report of the state bank examiner, At torney General John C. Hart today took steps to place the Citizens' nank of Ab beville In the hands of a receiver. The bank examiner reported the estab lishment Insolvent, though the assets are said to about equal the liabilities. The petition was filed In the superior court of Wilcox county. State Treasurer It. E. Park, who Is ex-offlein tank exam Iner, meantime having charge. the state text-book commission In tho office of Gov. Smith today, for tha purpose of beginning plans for adopting a now set of uniform books for the public schools of the state^f|ta^^^M be made and the coNMHVWHBWVPP uarv l, when the present arrangements Neal Bank Matter. ATLANTA, Ga.. Nov. 9.—The appeal In the cs«e of Booth et nJ. vs. the Neal Dank. In which the right of tne. state * ut IBW,r to prior claim mi m»mii assets of that Institution, which IsL . . the hands of a receiver, Is questioned, whs not heard by the supreme court to- 1 day. ns scheduled. Tho • henring wni postponed indefinitely because of. the Ina bility to secure h Judge to take tho plgQe of Judgo Lumpkin, who Is dlsquallflcd-^H O.OftO of the inn yiMiuciuirij i i - in— .... Loulsvlllo-Atlsnta-New Orleans circuit will be held nt the Kim ball Ilnust here Wednesday, for the pur- post of discussing proposed Improvement* In the service. About thirty editors are expected to attend. Mr. Pound Talks to Ministers. ATLANTA, Ga.. Nov. 9.—Jere M. Pound, stnte school commlseloner. dcllv- ered a strong address on behalf of the public schools at the regular meeting of the Methodist ministers of Atlanta this morning. Iln urged thnt some of the energy expended by the churches for the denominational Institutions he Used for tho support und Improvements of the pub lic schools. In the course of his remarks, he slated the better Inducemefits offered In other AVLRA6E CORN YIELD 26.2 !_PER ACRE INDICATED PRODUCTION OF CORN AND FIVE OTHER CROP® SUM MARIZED BY DEPARTMENT. WASHINGTON, Nov. 9.—An average yield of 20.2* bushels of corn per aero and an Indicated total production of 2.642,687.090 bushels of corn are prelim inary estimates announced In the report of , tho department of ogr Ictiftuie, Issued today, sumniiirlsjpg com and live other crops. The yield of com per acre In 1907 wns 1R.9. as finally estimated, and averaged 29.6 for ten years, while the production Is compared with 2.M2,- 220,000 hiiNiiels Anally estimated Ip 1907. Quality of coni Is K«.9 per cent, compared with 12.8 ten-year average. About 2.7 per» cent, or 71,124.000 bushels. Is esti mated to have been In th« farmers' tands on November 1 agnlnst 4.8 per cent, nr 110.995JOOO bushels a year ago and a ten- year average of 4.6 per cent. The preliminary figures for the United States giving In Imshela the yield K r acre and total production, respective- ■ Include: Missouri. 27. 202.8.14.000; Texas. 28.7, and 201,848.000: Kentucky, 26.2 and 8f. 822,000; Tennessee, 24.8 and 74.747,000; Georgia, 12.5 and r.8.421,000; Alabama, 14.7 and 44.835.ono: Virginia. 26 and 48.. 828,000; North Carolina. 18 and 80,166,. 000: Arkansas. 20.2 and K2.I40.000. The preliminary estimates of potatoes, tobacco and rice giving average yields per acre and comparisons with final esti mates for 1907 and for period of ten years per cent against 83.2 per cent last ... erage 87.6. Tobacco—Yield. 825.2 pounds against —0.5 pounds In 1997 and a ten-year av erage of 797.6. Production 829.634.006 pounds against 698,126,000 In 1907. Quali ty. 87.9 per cent as against »0 per cent year ago and a ten-year average of Wee—Yield. 34.7 bushels against 21.• In 1907, and n ten-year average of 10.6. Production. 22.718.000 bushels .against 18.728.000 In 1907. ALABAMA RAILROADS - GET ADVERSE VERDICT MONTGOMERY. Ala., Nov. 9.— Judge A. D. sayre. of the city rourt, today ruled that the new trunch\e§ tax on foreign corporation* la valid and that those railroads which are re sisting payment hava no right to re- cognize the tax they paid under pro* tests. He also held that the absorp tion of certain Alabama jroadx In the past did not make a domestic corpora- tlon .of tho Atlantic Cosat Line; that It J* a foreign corporation and must pay the tax. The tax totals SI50,600 annually on the several railroads. T OF 11 Edward M. Morgan, Long In Postal Service, Victim of Lunatic. ASSAILANT iBTHREE Erlo H. B. Mackey, a Stenographer. Meets New York Postmaster and Deliberately Opens Fire-Only Rea son Assigned For the Deed is Some Fancied Trouble Maekey Had With the Delivery of His Mall—Maokey’a Father it Well Known Literary Man of Cambridge—Mackey Died In stantly—The Wounded Offioial Will Recover. NEW YORK. Nov. 9.—Edwin M. Mor gan, postmaster of New York city, who wns wounded In the abdomen this morn ing by a bullet fired by K. If. U. Mackey, uu eccentric English stenographer, who then committed suicide, was resting well tonight, and unless complications develop, he will recover. Mr. Morgan probably owes hla life to the quick wit and bravery of hla 14-year- old daughter, Dorothy, who saw Mackey draw Ills revolver struck It with her hand. This deflected the bullet, otherwise I be postmaster would- have been tutilly range and fired four shots In nil. shooting occurred at One Hundred ami Forty-sixth street, ondoily a sho-.t cus tom- from Mr. Morgan's home, lie wai on Ills wsy down town at the time. An Investigation of the life and record ’ Maekey reveo's that be was of a mor bid nature, and a former Inmate or ?ut asylum in Worcester. Maas. Thnt Ills act was premeditated Is mado certain, by a letter he left, but asldn from a fancied grievance against Mr. Morgan and tho postofflee authorities concerning the lisndllnx of hls»mnll, nothing lias come to light to Indicate why ho should have sought to murder tho poslmastcri NEW YORK, Nov. 9.—Postmaster Edward M. Morgan, of this city, whs shot down In tho streets on ho was lenvlng his home In Onp Hundred and Forty-Hlxth street for the postofflee this morning by Eric H. II. Mackey, a stenographer employed by a down town law firm, who then a hot nn d Inattmtly kllUnl himself. The single bullet which struck Mr. Morgan entered at the right aide of the abdomen ar\fi passed out at the left ■Ido without penetrating the walls. Wound Not Fatal. There was no Internal bleeding and there Is every likelihood that, tho wounded man will recover. The only excuse known for the shooting was that Mackey had complained to tho authorities nt tho postofflee in Wash ington ’thnt his mall find been tam pered with and that some one had turned out an oletrlc light when he was reading by It in the corridor of the post office. Mackey had received a reply that there was no evidence of tampering with ihls mall-and that the incident of the electric light wns nn accident. Mackey's employers, the firm of Hunt, Hill &. 'Retts, declared they could ac count for the tragedy only on the theory that Maekey was InsAne. Ilo- sldes a revolver, It wns found that Mackey carried a dagger and a sling shot. Mackey wns an Englishman, 31 years old, and ho formerly was omployed In Boston: Daughter Saw 8hootinq. The shooting took placo In tho pres- enco of Miss Dorothy Morgan, the 14- yenr-old daughter of the postmaster, who was accompanying him to the subway station on her way to school. Mackev had been pacing up and down tho aldewalk near the corner of Broad, way and One Hundred and Forty-slxtn street for two hours before the shoot- Ing. When Mr. Morgan and his daughter left their homo and walked toward Broadway Maekey turned down tho sldo street and met thorn. Evi dently ho had never soon the postmas- ter before, and as ho met Mr. Morgan he asked: "Are you Postmaster MorganT* At Mr. Morgan’s affirmative reply Mackey draw his revolver nnd fired ono shot Inlo the postmaster's shdo- men.- Tho Wounded man fell to the sidewalk and as two witnesses of 'ho shooting came running up, Mnckey lay down on the sidewalk and sent o\o bullet Into hln head nnd another Into his heart. He wns dead when tho first man reached him. Mr. Morgan was ranVd brio his own home, physlclnns were hastily summoned and It was found that the ballet had merely passed through the fleshy portion of the abdomen for eight Indies, Inflict ing a superficial wAund. Mr. Morgan declared that he did not know Mackey and never saw Mm before the shooting. It was learned that a man answering Msckey's description had railed at the Morgan home three times during the past ten days In his absence. While the surgeons were working oyer Mr. Morgan at nls home In nn effort to ■are hla life the fired the shot nnd inen smeu mmoeii. wSs lying on the eldi-wnlk where he had fallen. A great crowd hnd gathered at the scene—but a »Wnll of policemen who had been rushed to tho plncc Immediate ly after tho shooting, stood guard over the body. Morgan In Service Long. Mr. Morgan has been connected with the postal service In New York for more than a quarter of a century. He began hla career ns a letter carrier tblrtr-one years ago and worked hfs way to the fro. Last year he whs promoted from assist ant poetmaster b> "/..P 0 "*- master, to eurceed W llllnm R. Wilcox, who became a public sendee commission er. Mr. Morgan Is the republican leader in the Washington Heights assembly dis trict. Maekey, the assailant had been In ths employ of Hunt, Hill A Betu. lawyers, of 165 Broadwsv for about four years. He ram* from England nine years ago. Worked for a time In Boston and then came to this c'.tv. At the office where he was employed In thla etty Mackey was held In high — plovers say they a to Vxplaln his art l 4 . The only due thu« far ftund which may have a bearing oh the tragedy Is contained In a number of letters found In Mackey** desk. Thane Indicate that •boat a ymr ago he had complained to tha postmaster thnt some of his mall hnd not been properly delivered. Ths correspondence was signed by one of the • department rleiks. ley’s employes* say that so far an who killed himself. regular Mark. they know he never met or had any deal] Ings with Postmaster Morgan. Mr MorF E mm regained consckmsneaa while tho SM slrians were working on him. lift, l he never eaw hfg assailant until COEDUCATION OF THE RACES MAY BE REGULATED BY STATES, DECLARES HIGHEST TRIBUNAL 8,199,728 BALES GINNED TO NOV. I As Against 6,128,562 Same Date Last Year—26,295 Ginneries. TON. Kov. 9.- ... ginneries and I of cottou ginned from tho growth of 1908 to November 1. These figures announced by the census bureau today are ngolnst 26,069 ginneries and 6,128.563 bales at tho corresponding date In 1907. 27.370 ginneries and hales In 1906, and 27,802 ginneries and 6,457.595 baler In 1905. The repoit counts round bales as half bales, and Includes 149.340 round bales for 1108. 125.715 for 1907. and 169.741 for 1906, nnd 182,870 for 1905. The number of son Island hales Includ ed Is 45.495 for 1908. 33.3.11 for 1907. 21.706 for 1906. and 49,161 for 1903. The corrected figures of quantity of aotton ginned this season to October 18, •re 6.:9l,iet boles. Number of tales and active ginneries manor lively by states eti November 1, 1908. uro aa follows: Alabama, bales 894.183. ginneries 3.363. Arkansas, bales 636,658, ginneries 2,016. Florida, bales 43,065. ginneries 241. Georgia, tales 1.885,816. ginneries 4,321. Kentucky and New Mexico, bulea 954. ginneries 4. I^tilslana, hales 200,099, ginneries 1,659. Mississippi. Italy* 898,546, ginneries 3,309. • Missouri, bales 30,940. Rlnncrlcs v 69. Tennessee, bales 199,621. ginneries 605. Texas, tales 2.604,886. ginneries 4.046. Virginia, bales 4.667. ginneries 82. Distribution sea Island cotton for 1908, by stated Is: Florida 19.057. Georgia 21.998; Houtli Carolina 4,440. HOLYJOLLERS ARE DISMISSED But Not Until They Had Given the Recorder an Exhibition. ATLANTA, On.. Nov. 9.— Religious services wero among the features of $hn imjrnlng yesslon of tho recorder’s court horn today. Twenty-six Holy Boilers, who Had spout Hatnrday ulgl't and Sunday behind looked doors at police hcadqunrtera. Insisted on giving ftn'exhibition to show that their man ner of worship did not cnnsUtuto din- orderly conduct. Itncosder Broyles clo dded that In such a manner alone cpuld the lastie bo Justly decided, nnd ho hnd the court loom cleared and turned ovor to tho enthusiastic roll er*. Policemen guarded the doom and a big crowd occupied tho benches of tha court room while tho rollers per formed before tho court. Their an tics were more llkn an Initiation In a fpenk secret order than thq worship of God. They pranced around tho court room In Indian war tlanco style, chanting mystorlous hymns nil tho while. When It was over the court decided that no such church rltnnl con-1 stftuted a public nulannco und dis missed the congregation. They Were arrested Huturdny nftiv- noon on complaint of a butcher, r:h »so storo Is located underneath their church. He declared they were driv ing his business away. SEA SWELL AND LADY ESTHER TAKE BLUE CINCINNATI. Nov. 9.~flca dwell and Lady Esther were tne only winning fa vorite* at l.at'iniii today. Ktlion easily won tne hamllcHp, tho featuro, from A! Muller, the favorite. Mysilfler, a loo to t shot, wop the third event In a drlvo, from Gresham. Hutninarles: (First race, five and‘one-imlf furlongs— point Mae. 7 to 1. won; Muleron. 6 to 1 place, second; Kllvalm y, even show, third imn, 1:08 4-1. Second race, five furlongs—Ben Hwrll, • to 10, won; Miss Crittenden. 6 to 1 placo, second; Dr. Ifolsbcrg, 3 to 3 show, third. Time. 1:10 l-B. Third race, six furlongs—Myatlfler, 160 to 1, won; Gresham, 7 to 5 place, second; Orlando!, 3 to , 2 show, third. Time, 1 Fourth race, six furlongs, handicap— Ktlion, 11 to i. won; Al Miller, 2 to 5 K ies, aecond; Dainty Dame, out show, Ird. Time, 1:12 4*5. 'Ifth race, one mile and seventy yards-*- \y Esther, 6 to 5. won; Woolsions, 4 t place, second; Csrew, out show, rd. Tims, 1:42 4-5. Jlrth rare, ono mile and a sixteenth— Albert Star, 7 to 1, won; Howard Hhean, 20 t? l^lace, second; Besterllng, 4 to 1, third. Time, 1:47. 400.EMPLOYES BACK AT NORFOLK, Va.. Nov. 9-The Amer ican Cigar Company's large stonunery factory In this city, which shut down some three mentha ago, resumed oprr. atlons today with a force of 460. General Manager long aavwtei that tho force would soon be Increased to 460 and possibly 700. TO FOR MEETING ATLANTA, Ga., Nov. M-.mHers of the Unit'd Daughters of the Con federacy began arriving In Atlanta to night for their annual convention, which will begin In this city on Wed nesday. Many women, prominent throughout the nouth. are expected to attend. A preliminary meeting will Ln held Tuesday night, at which It Is exacted Important plans for the convention work .will be perfected. • Suprorao Court Hands Dowa Decision in Caso Borea ' College, Ky. STATE MAY CONTROL THE CORPORATIONS IT CREATES Case Is Test of Ksntueky Law Prohibit ing White and Black Children From Attending tho 8amo Schools—State / Court* Upheld the Law And tho Decis ion of tho United Statfs Court Is Re garded ae Far-Reaching In Its Scope. Opinion la Rendered By Justice Brew- era-Justices Harlan and Day Dissented. WASHINGTON. Nov. 9.—In deciding the rase of Boren Unllega va. tho state of Kentucky favorably to the state the supremo court of the United Htatea today held that a state of the union may con stitutionally legislate to prevent the co education of the white and black races. The case wuh Instituted tn test the validity or the state law of 1964 prohibit- , Ing white and bluck children from at tending tho Minin' schools. The higher stain court took the position thnt the white ami black races are naturally an tagonistic und that the.enforced separa tion of the children of the two la In tho line of tin* preservation of the peace. The opinion of the supreme ronrt was handed down by Justice Brewer and af firmed the finding of both the Kentucky circuit court and the court of appeals. Justice.-* Harlan nnd I>ay dissented. Opinion of Justlca Brewer. y Justice Brewer’s opinion dealt entirely , ffected by tho with corporation* Kentucky, statute, and did not ennshh estfon of Its nppllcahiu . proceeding upon the • Ims complete control i ratlonx of Us own creAtlon. He then conatrucs the law of 1904 as In effect an amendment to tllu charter of Berea Col-' lege nnd added: limitations, nnd tlipt under the _ of an amendment a new contract not always be enforolhle upon the f suggestion id that the hglt.lnture would not • mo part unless It could corporation or the stockholders: hut It Is settled thnt a power reserved to the leg islature to alter, amend or repaal a char ter authorizes It to maka nn alteration or amendment of a charter granted subject to It. which will not defeat or au..stan- thilly Impair the object of the grant, or any rights* vested under It. and whlrh the legislature may deem necessary in secure flthor (tat object or any publlgi r ^’Wo need concern ourselves only with the Inquiry whether the first section of the Kentucky law can be upheld as edm- Ing within the power of-a state over Its own corporate creature*. We are of opinion that It does come within that power.’*-- O—- .-Mur.-x-- - - S cspondlng to some of Justice Harlan’S «-tliras, Justice Brewer,aald: "Thera la nn force In thw suf that the statute. Hither-*- -•*■*-*- aide, must stand r ••.... reach nil. That the legislature of Ken tucky desired to separate the teaching of white nnd colored children msv be con ceded*, Imt It by no means follows thnt ceded, hut It by no mrnn* follow* that so far ns It could do so. even though It could not make It effective under all cir cumstances. Til other words. It Is not st all unreasonable to believe thnt the leg islature. nlthough advised beforehand of the constitutional question, might havo prohibited all organization* ana corpora tions under Its control from teaching white ami colored children together, nnd thus made nt least uniform official ac tion." . Justlca Harlan's Views. Contending that It would prove lm- prnctlcnbl*' ad unsatisfactory to sepa rate corporate from prlvato schools, Jus- aim Harlan In Ids dissenting opinion, said the mint should meet tho entire question squarely Hnd decide whether It !« ft crime under tiny conditions to edu cate white children and negrrt children at the same Institution, fie dhl not concede that It should lm so regarded. "Ilnvn Wn,” he asked, "become so Inoc- (tinted with prejudice of race ttat an American government professedly bared on the principles of freedom and charged with the protection of ,.ll citizens alike can mnko distinctions betweon such citi zens In the matter of their voluntary as- soclntlon for Innocent purposes s'mplv beenuso of tl.elr respective races? Further. If the lower court bo right, then a state may mnko It « crime for white nnd colored persons to frequent the ssms market places nt the samo tlm*. or ap pear In an assemblage of citizens con vened to consider questions of a puhlle or iKdltlcal nature In which all citizens, without regnrd to race, are equally Inter ested. Many other illnstratlonj might he given to show tho mis' hlcvous, not to nay cruel character of the statute In question, nnd how Inconsistent nueh leg islation Is wIlli the great principle •»/ equality of ritltenn before the law." Justice Harlan added that lie did not want to he understood ss criticizing the system of separate public schools tor the races, but (lint Ills censure wns directed system of separate public schools races, hut thnt Ills censure was nt the penal provision of tho Kentucky law Involved In Ihls case, Ho considered It unconstitutional. EARLY, THE LEPER, TO IHEJ1TH FAMILY DISTRICT COMMISSIONERS OECIOB TO BREAK UP HIS STRICT ISOLATION. nl liy lliu district mmmlMlon.r. tod»y to brmk up th. itrlct Uol.tton or John It. Knrly. tli, |np.r, .nd mimlt Mm to llv. with hi. family In a .malt brick houac near I hr Wiuhlnrtcin work houM It round*. II. will I- und.r lh« a«m« roof with hi. family, but It win ba nrranc.d that ttiry can lira entirely apart -If thla la ilnnr. tha w.lfara of tha K hllr and nf Karty and hla family will duty aafrauarded." drnlared Health Off Ire r Wordward. "and K.rly can reaaa to bo drbnndrnt on th. dlatrlet and can aupport ntmaalf and wlfa and child from hla prnalon monry, which la 122 a month." ,, WANT TARIFF REMOVED FROM JUTE NEW ORLEANS. Ln.. Nov. 9.—The N»*w Orleans Cotton Exchange today passed resolution* calling upon con< grass to reduce the present tariff on Jute bagging used for baling cot tan. ’’Thla tax la a direct ourden on cotton raising Industry of the souih for tho benefit of a few manufacturers who are thus enabled to thrive at the expense of tho most Important class of agriculturallstii In this country/ declares the resolution.