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The Macon Daily Telegraph
WEATHER FORECAST FOR GEORGIA—8HOWER6 WEDNESDAY WITH COOLER IN THE INTERIOR; THURSDAY SHOWERS AND COOLER, LIGHT SHIFTING TO NORTH WINDS
ESTABLISHED IN 1826.
MACON, GA, WEDNESDAY MORNING, NOVEMBER 11, 1903
DAILY, 87.00 A YEAR.
POLICEMEN WITHOUT WARRANT
CANNOT ENTER A PRIVATE HOUSE
TO CAUSE ARREST FOR TRIFLES
Resistance Even to the Taking j
of Life Is Declared
Legal.
SWEEPING DECISION BY THE
STATE COURT OF APPEALS
Under the Ruling Julius Holmes, a Ne
gro Recently Convicted in Bibb for
Killing a Man Who 'Assisted Two Of*
ficera to Arrest Him, and Who Was
Sentenced to Twenty Years, Will
Probably Go Free—Polloe Officers
Entered Negro's Homo to Arrest Him
on Charge Disorderly Conduct—Sa*
cred Rights Personal Liberty Violat*
• ed. Rules the Court—history of the
Case.
ATLANTA, Ga.. Nov. 10—(Telegraph
Bureau. Kimball House)—For a *uty
police officer to enter a house and at
tempt to arrest without a warrant, a
person therein for the violation of a
city ordinance or committing a mis
demeanor not committed in the offi
cer’s presence. Is to commit a doubly
tresspass, which may be resisted b>
the person sought even to the taking ot
life, holds the state court of appeals
In a sweeping decision In a case ap
pealed from the superior court ot Bibb
county. •
Under the decision. Julius Holmes, a
negro recently convicted and sentenc
ed to serve twenty years for killing a
man who was assisting'two policemen
to arrest him under circumstances as
stated above will probably go free.
It places stringent limitations on the
power of police officers and will prob
ably result in more caution being ex
ercised by them. It was handed down
today.
A woman who lived In the house
with the negro Holmes went to police
headquarters In Macon and complain
ed about Holmes cursing and abusing
her through a partition which sepa
rated their rooms. The alleged offense
constituted disorderly conduct, and it
occurred on the day before the com
plaint was filed. Policeman Rogers
•was sent to the house to arrest the.
negro.
The Case In Question.
When the officer entered the room,
t
he found the negro with & knife in
hand and a gun on the bed. Holmes
grabbed the revolver and placed.lt in
his pocket. He Informed the police
man. in rather lund language, that he
did not propose to be arrested. Rogers
countered with the statement that
Holmes would be arrested, and called
on a woman nearby to 'phone head
quarters for more help. Meantime.
Rogers guarded Holmes’ doorway and
\ joined In an argument about the right
of a person to resist arrest.
. In a few moments Policeman Job-
, Ison reached the scene. The two of
ficers, well armed, began to overpower
DUKE TO ANNOUNCE
HIS WEDDING FLANS
STATEMENT EXPECTED TOMOR
ROW WHEN ABRUZZI BE
COMES FULL ADMIRAL.
WASHINGTON. Nov. 10.—Definite
announcement concerning the mar
riage of the Duke of the Abruszl and
Mist Katherine Elkins may be looked
for Thursday, th© day following the
promotion of Italy’s sailor prince to
toe rank of full admiral.
The duke will then have* rounded
out his allotted time at sea, having
commanded three battleships and hav
ing worked hla way totally without
royal favor through each step of the
servloe.
The announcement of <his marriage
Is expected to come from Rome Im
mediately following the announcement
of his promotion and expected retire
ment from the service. Having had
the consent of the king to his mar*
rlage to Miss Elkins a year ago. 1
remains only for these two young per
sons to decide when they will be
married, with or without the appro
bation of the queen dowager and Ital
ian society at large. That they will
not wait much longer is the opinion
of every one familiar with the pro
gress of .the, prince's wooing.
Silence at the Embassy
At the Italian embassy, where the
duke will stay when he comes for
his bride, all knowledge of such an
event Is denied.
"If tpev marry. It I© good," says
the ambassador. "If they don't mar
ry. that Is good," an atpiAble shrug
between the two sentences leaving the
Interviewer to assume that the latter
idea is best from Baron Mayor des
Planches' viewpoint.
Just previous to the duke's last
visit the ambassador was heard to
declare that such a marriage was Im
possible. while the younger members
of the embassy staff were unanimous
In their opinion that the match could
rtever thke place. Most of those
young men are Ailing posts away
from Washington, while their succes
sors are non-committal.
Miss Elkins awaits her wedding day
in the seclusion of West Virginia. She
ha© not been In Washington since
June, has done no shopping here or
In New York, and* according to the
testimony of friends is not preparing
Yiny trousseau.
Weddinq Probably at Capital,
The wedding, it Is confidently ex
pected, will take place here, possibly
In the prlv&te chapel of Monslgnor
Falconio, the papal delegate.
No details have been decided upffn
regarding the ceremony or trousseau,
or if they have. Miss Elkins has taken
no one Into her confidence and still
maintains that no engagement exists.
This Is literally true. for. when the
duke sailed awsv lost March after a
three weeks’ visit. It was with the
distinct understanding that there
engagement until, he
Men Who Built Flagler’s Rood
On Trial On Charges
*f Peonage,
NEW YORK, Nov. 10.—ThO -Cl«e»
of alleged peonage In building Henry
M. Flagler's Florida East Coast Rail
road, which have been pending In
the United States courts of this dla-
trlct for nearly two years, were put
on trial today before Judge Hough
In the United States circuit court.
David E. Harley, an employe of the
Florida Eaat Coast Railway Company;
Francesco Sagbla and Edward J.
Trlay, employment agenls of this city,
and Frank A. Huff are accused of
conspiracy to keep employe* in en
forced peonage. Huff had not been
arrested before the opening of the
case today.
It Is charged that Sabbla and Trlay
hired men in New York, took them
to New Jersey and turned them over
to Harley, and that he took them to
Florida to work on the railroad. The
complaint alleged that the workmen
were kept there In camps In a state
of "peonage, slavery and T enforced ser
vitude."
It was learned that the government
has nearly S00 witnesses, many of
which. It is alleged, were Induced to
go to Florida by misrepresentation.
After the selection and swearing in
of the Jury, counsel for the govern
ment declared that three thousand
men In 1905 had' been forced to work
on Mr. Flagler’s railroad. "These
men," he asserted, "were held there
NEW YORK. Nov. 10—Attorney
General Glenn Eusted outlined the
prosecution’s case, contending that the
men had been Induced by alluring ad-
Vh*'iMgra“ and "to tow Vs i SSra’LiX J t”° retum 5 ' , to nt cwlm l «!£ I ?° u * h *• InoilnVa tojiili "thit the
Holmes plunged through the'floor “P? bride nml assure her a welcome by o h! '. r <r fi of peonage Could hot rest but
K-wo : _ V . l- nriw nnq assure n
“ w * ’•or” 1
of the policemen, the bullet tak-
Ing effect. It was claimed b> the |
officers that the shot was fired In self
defense, alleging that Holmes had
tried to shoot as he ran. The negro
continued • up the street, four other
bullets being sent In pursuit, and the
officers following. The latter called
on pnssorsby to Join in the chase, and
among these was Mr. Wimberly. Sud.
denly whirling, the negro drew his re
volver and Ared once ot his pursuers
Wimberly, the outsider, was killed.
Holmes Tried and Convicted.
Holmes was captured and tried for
murder, and convicted of manslaught
er. His sentence was for twenty
years. A motion for a new trial was
declined. His attorneys, W. D. Me
Nell and J. E. Hall, appealed th<
case, on the ground that the negro
was Justified In the act committed.
The appellate court sustains that
view. . M
It Is set forth that the attempted
arrest was Illegal.
Attempted Arrest Illegal.
“When the policemen went Into the
defendant’s house to arrest him with
out a warrant, they were trespassers
In a double sense.” says the court. In
the opinion drawn by Judge B. H.
Hill, “trespasser* uoon the sacred
right of personal liberty and tres
passers upon the right of domicile.
The defendant had a legal right to
resist both trespassers and to use In
the resistance ns much force as was
neccssarv to make resistance effective.
Police Officers Guilty.
’’When the officers attempted to
make an Illegal arrest of the defend
ant. forcibly pulled him from his
house and endeavored to handcuff
him, they were guilty of an sasault
and battery. The defendant, thus
wrongfully and illegally deprived of
his liberty, had the right to regain it
and to use all the force necessary for
that purpose. If he succeeded in
Jerking loose from the officers, ran
Into his house, got his gun and at
tempted to escape, th* officers had
no right to shoot him to prevent his
escape.*’ In the language of Chief
Justice Bleckley: "Every man. how
ever cuilty. has a right to shun Il
legal arrest by flight,“
The court states that to pursue and
kill a man under such circumstances
as In the case at issue would be Il
legal; that It could not be done even
if they had a warrant charging noth
ing more serious than a misdemeanor.
Can't Shoot Miscellaneously.
MATTIE RUSH
KILLS HERSELF
Leaves Two Small Children—
Requests They Be Sent
To Orphanage.
TALBOTTON, Ga.. Nov. 10.—Mrs.
Mattie Rush, widow of Dr. Frank
Rush, of Columbus, and daughter of
Mrs. Robert Kellum, a prominent
fanner of Talbot county, committed
suicide this morning at S* o’clock at
the boarding house of Mrs. H. Caller
by shooting herself through the head
wltk n nl.l/,1
7 years, and a girl of 4. ‘ whom she
requested be sent to an orphanage
home.
Her remains were /burled at the
family burial grounds this evening at
2 DEAU; 2 HYING
6 BADLY HURT
Bloody Crash When Work
Train Plunges Into Bear
of Freight.
• nil', miicu uuingdi, l»u oinnrs
fatally Injured and a half dozen se
verely hurt when a work train, with
Italian section hands aboard, crashed
Into the rear of a freight train stand
ing on the main track of the New
York, New Haven and Hartford Rail
road In front of thp station here this
vertisements to apply for employment
in the south.
Everything went well, the attorney
amid, until the men reached Jersey City,
where they were put aboard a train,
the doors being locked on them and
armed guards set over them to pre
vent their escape. Throughout the
long Journey they were given nothing
but stale bread and Bologna sausage,
and when .they reached the land end
of their Journey many rebelled and
refused to leave the train, but a hose
had been turned on them and in this
manner the entire consignment of hu
man freight had been driven aboard a
waiting steamer.
When the ultimate destination was
reached, said Mr. Eusted, the men
found that paradise had been promised
them was a barren wilderness, overrun
with reptile and venomous snakes;
■where no place to sleep had been pro
vided for them. Their "high wages,”
tho prosecutor declined, were Blips of
paper exchangeable at the company’s
store for shoes and clothing and food.
The escape that many sought was Im
possible. Some of the men refused to
work. These, Mr. Eusted said, were
threatened with death and brutally
beaten.
John B. Stanch field, attorney for the
Florida East Coast Company moved
that the Indictments charging peon
age and slavery be dismissed, as tho
one charre destroyed the other. Judge
declared that he would rule In the mat
ter on any point brought out during
the presentation of evidence. Ad
journment was taken until tomorrow
Defense in Ray Lamphere Case
Brings Out Some New
Evidence
on trial In the Laporto circuit court
for the alleged murder of Mrs. Belle
Gunness and her three children, came
to an abrupt halt late today, when the
second special venire of twenty-flve
was exhausted without a Jury
having been obtained.
Judge Richter at once ordered a third
venire to be ready for examination to
morrow.
At the adjournment of court ten
Jurymen were accepted tentatively by
both the state and the defense.
"Th* Money ^in't Here."
The defense today made public some
new evidence In the story of Fred
Lambrlght, a neighbor of. Airs. Gun
nels. who says that one night In Jyly
as he was drivin’*’ to town he saw a
man and & woman in a buggy drawn
by a gray horse..drive Into the Gun-
ness yard. He watched them and heard
the woman say: ’They money ain’t
here.’ after she had Jumped out of the
rig and walked around the ruins of the
burned house. II© says that the wo
man In form looked llko Mrs. Gunness
although her face was hidden by a
heavy veil. Her voice was similar to
that of Mrs. Gunness. The msn he
says he did not recognize. He says
he did not tell anybody about the af
fair at that time because he was afraid
he would be laughed at.
This evidence. Attorney Worden pays
will be used to corroborate the story
of D. M. Hudson and his two daugh
ters who will testify for the defense
that they saw Mrs. Gunness on July
9. Lambrlght does not Ax a date for
his nocturnal vision, but the defense
declares that It must have been oh
July 9.
DR. ALFRED HARDING
IS NAMED BISHOP
WASHINGTON BISHOPRIC ELEC
TION BRINQ3 8HARP CONTEST*
—FOUR BALLOT8 WERE
TAKEN.
WASHINGTON Nov. 10—Rev. Dr.
Alfred H. Hording, for the pasttwon-
ty-two years rector of St. Paul’s Epis
copal Church, this city, was elected
bishop of Washington to succeed tho
lato Henry Y. Satterlee Iste today at
the fourth meeting of the .^thirteenth
annual convention of this'-dlocpso.
Bishop Brent. of tho Philippines, who
was elected twice, declined both times,
and Rev. Dr. Mann, of Trinity Chufch,
Boston, elected at tho third mooting,
also declined.
Four ballots were taken today,. The
Rev. Dr. Randolph II. McKIm, of
Pathetic Scenes at Removal of
the Body of Ex-Senator
E. W. Carmack.
NASHVILLE. Tenn., Nov. 10.—Th,
remains of former Senator E. W.
Carmack, who was killed here In a
street duel with Robin J. Cooper,
were sent to Columbia this afternoon.
gathered at the station In numbers,
and as the casket was borne In, Join
ed-In singing. "Lead Kindly Light” and
"Bland Up For Jesus." A brief ad
dress was delivered by Rev. Ira Lan-
drlth. Mrs. Carmack and a few of
hqi* closest friends were taken on *
puclal cur with the body. The pro
fusion of flowers was but another of
the many testimonials of grief from
bests of friends and sympathisers. All
dutlng the morning hours a stream of
callers viewed the body at the home
of Frank Lander.
| Met By Many Friensd
The train bearing Mr. Carmack’a
body, reached Columbia about 4
o’clock this afternoon and was met
by a lsrge concourse of friends. The
body was at once taken to the Car
mack home, from where the funoral
occurs tomorrow morning at 11 o’clock.
The tragedy was the abaorhlng topic
In Nashville today and many sensa
tional rumors. have been In circula
tion.
Cooper's Wound 8er!oui,
Robin Cooper, who Ared the fatal
shot and who was himself wounded,
1st under arrest at a local hospital.
He Is doing well, but hi* •’hvaldan
Stated today that tne wound, which
lg near the collar bone, is In a dan
gerous place and complications are not
unlikely. Col. D. B. Cooper, who
LIFE TERM FOR
LITTLE NEGRO
Murderer of Mrs. Torrence,
at Pooler, Convicted in
Chatham. ✓
SAVANNAH, Ga., Nov. 10 Solo-
mon Reilly, a negro boy of 10 years
and small for his years, was today
convicted In the superior court of the
murder of Mrs. Walter Torrence at
Pooler, eight miles from Savannah,
and given a life aentence.
The boy killed the woman with -
shotgun while her little children were
by tier side.
HITCHCOCK CALLS
ON PRESIDENT-ELECT
MR. TAFT ENJOYS PLEA8ANT
TALK WITH HIS CAMPAIGN
MANAGER.
tli, work train, and all mitered In-
They ,t»t, th.t rt.n four ehote , urle ,
were Ared at th« florin* negro, he h.d —. L dead .re Prank a Pti.l...
the right to believe hi, Ilf. In flanaer N™uSSon^Ybrake£i*
end acted In iegel .elf-defenee when he i th, Italian section hand,
turned end flr»d u.non hi. pureuera.. ‘ ° ** ct ‘° n ntna *-
The court hold, th.t th. feet of h t
end who hid nothin. £ do U wtth h th!! WATERWAY ADVOCATES
orl.ln.I attempted arrert. although ot
the tlm, elding th. officer, tn th.
pursuit, doe. not make th* iwn any
* ta... . i k. L.A lellUd /tn*
more guilty than If he had killed on*
of the officers.
Personal Liberty Endangered.
"This court fully understand* and
STEAM DOWN THE RIVER
COLUMBUS. Oa.. Nov. 10— Practical
Illustrations of water power In the
south occupied most of the day of the
snnreclate* the delicate,*'difficult and closing session of the Gulf Coast In-
. ,, JS&UmJT dangerous* duties which !£jd Waterway. Association convention
1 i roller Oflicera «r- celled upon to per. | here today.
f form.” conclude, th. decision. «d, The jj* 1 ***^
-111 uphold and protect them In down th-Cb-
leg.ldl.ch.ra.nf.W th«j• **
Ftt. whoTd”.nd"prot»«t“thMn in'down th. Chattahoochee riv.?" The
the legal discharge of all their d«*
tie*. But to approve the verdict l»! ^ The IJIsrtrtppl-Atlantic Inland
this case would be, In our opinion.! Waterway As»c!atlon. ,—... —- ——.
a violation of the sacred right of per- Duncan L. Fletcher, of JacksnnvJ!./-. j jj e returned and after dinner called
r w--t M dl#v»»*fd of the! Fla., was eleated president. Robert [ th* hotel in time to accompany M
right of self-def^n**- whleh the law! Isham Randolph, of Chicago, anti B. A. Hitchcock fo the rail mad stttlon ei
g^urante** to any citizen, whatever, Thom peon, of Ttlchmond. Va., were {tending to him a cordial Invitation to lure her color la almost normal a
his color or condition.” ‘among tha vice presidents elected. ■ come again* *, «• ‘her face is nearly as full as usual.’
HOT SPRINGS. Vo., Nov. 10—Presl-
dent-elect Taft and his national chair
man. Frank II. Hitchcock, had a long
and pleasant chat today over the miny
phases of the last campaign. Mr. Taft
said that Mr. Hitchcock had told him
many Interesting things he hid not
known respecting the pre-election work
and Chairman Hitchcock said modestly
thst h© had the pleasure of Informing
Judge Taft that the campaign had
been conducted so far as uu was con
cerned without the giving of a single
promise or pledge which would bind
Mr. Taft as president, either In ex
change for personal service in the cam
paign or for contributions for the re
publican cause.
"I had known all this before,” com
mented Judge Taft, but It was grati
fying to hav* the statement come
direct from the national chairman at
the conclusion.”
Mr. Taft was told about the cam
paign fund which Mr. Hitchcock is to
make public in detail in a few days.
The national chairman said that this
fund was smaller In Its aggregate than
any similar fund since th# record of
such funds had been kept, «nd that it
was collected from every state In the
union, and represented a wld»t» distri
bution of support than ever before.
Judge Taft wts playing golf -when
Mr. Hitchcock arrived. His confer
ence with Judge Taft took place at the
"Chestnuts." the Taft cottage, and oc
cupied the afternoon. At Ur condu-
•lon Judge Taft went horseback rtdtng.
elections led On the flrst three ballots
today. Dr. Harding showed no
strength until the fourth ballot. Other
contestants who wore strong factors
wero ‘Bishop Wm. Griswold, of Sallnn,
Kan., and the Rev. Dr. James R. Win
chester, of Memphis. After tho third
ballot the name of Bishop Griswold
withdrawn
On the third ballot Dr. McKIm lack
ed but one clerical and seven lay votes
to be elected. Other nominees were
Tho Rev. E. P. Slattery, rector of
Christ Church. Springfield, Mass., and
The Rev. Dr. C. E. Buck, The Rev.
I* Trinity Gradual*.
WASHINGTON. Nov. . 10—Bishop
Hording Is a graduate of Trinity Col
lege. Hartford. Conn., and of Berkely
Divinity School, Middletown, Conn. He
was ordained a priest In 1888. Several
years ago he was called to Christ
Church Cathedral, St. Louis, hut de-
cllned.
GREAT WHITE PLAGUE
NEED NOT EXIST
ATLANTA, Oa., Nov. 10—That tu-
beroulotls need not exist In Georgia It
the claim of a new educational cam
palgn launched In this state today.
destroyer” will bo a traveling exhibi
tion campaign according to the plans
of a meeting presided over by Ex
and Prevention of Tuberculosis outlin
ed the plans already executed in Ken
tucky, Alabama and Tennessee
these states a tuberculosis exhibition
has been held In each of the three
chief cities, with much activity or
ganized in all other parts of the state.
flclals with the medical societies, com
merclal clubs, women’s clubs, patriotic
bodies, church**, organised labor, and
other groups of people throughout the
BAD CASE SLEEP HABIT
all over the country.
This Is the young woman’s sixth
trance or sleep. Tn# flrst lasted only
three days. Each rscurrlng seizure
was with his son when the shooting
occurred, was transferred from police
headquarters to the Jail today. T"
has had nothing*to say.
Strong Condemnation of Coopers-
Friends of Csrmaok nr# loud In
their condemnation of the Coopers,
and the Tennesseean, of which Mr.
Carmack was editor, this morning
both/editorially and In Its news col
umn*. makes the unqualified charge
of murder. E. B\ Craig, of Chatta
nooga, said today that It was true he
had conferred with both Mr. Car
mack and Col. Cooper regarding the
editorial references to the latter In the
Tennesseean, but that he had not, as
reported, aald to Col. Cooper that
Carmack would not again refer to
him editorially. It Is said that tho
Other members of tho editorial staff
of the Tennesseean were fully per
suaded that the situation wits serious,
and so. upon one excuse and another,
they kept Senator Carmack In the
office nearly all day yesterday, but
r«olde«y however, letting him know
tnelr purpose’.
Shortly before 4 o'clock’ Senator
Carmack left the office and started to
his room on Seventh avenue north.
It Is said that some one In .the Ten
nesseean office forced him to take a
pistol with him.
body of ex-Henator Carmack reached
Columbia late today,
A large delegation of citizens met
the. train and marched on foot ns an
escort of honor to the Carmack home,
where tho body will remain until tho
funeral.
Mayor TTlddle, of Columbia, Issued A
proclamation calling on all business
limine* to close from 11 o’clock to 1
o’clock tomorrow. Tne obsequies by
request of Mrs. Carmack, will be
simple. The pallhoarera will be friends
and neighbors of the dead statesman..
Prisoner Worth $22,000,000
and Case Not Extraditable
Balked Judge.
NEW YORK, NOV. 10—Bill w.i
denied Chos. W. Morse, the financier,
who ha« been sentenced to fifteen
years Imprisonment at hard labor, at
the closing of the United States cir
cuit court of appeals today, and It now
sefems certain that the former multi
millionaire must remain In the Tombs
prison at least until December S, next,
when argument on the writ of error
that has been granted him may come
up. One loop-hole Is left open to
Mpr*6’s counsel In the decision, and
that Is that tho Judges decided that
while ball was denied, It was done no
"without prejudice to a renewal of the
application after a bill of particulars
Is filed.”
Morse had been hopeful of gaining
his release from the Tombs today and
the denial of ball came as a hard blow.
His wife and son, Harry, encouraged
him tn the belief that he would be
free by nightfall.
While Morse tried to hide his dlaap.
polntment. be felt too cast down to
do so.
A Disagr*eable Feature.
There Is one feature of the case that
la particularly disagreeable to Morse.
That is that no matter how long ho
Is compelled to remain a prisoner In
the Tombs, the time will n*rt count as
part of the fifteen years he must serve
In the federal prison at Atlanta In
case he loses his fight for a new trial
Judge Hough gave his reason for
refusing to admit Morse to ball that
the case was not an extraditable one
and that It would bo easy for Morse
to furnish Dali through a bonding
company, as the prisoner wa« worth
122.000.000. Morse In nn affidavit
8 leaded to the Judges of the United
tates court of spirals yesterday,
denied that he was a millionaire.
WU’S CHAUFFEUR IS
FULLED FOR SPEEDING
NEW YORK, Nov. 10.—Wu Tin* Fong,
hlneM minister, to the United States,
witnessed an example of the seat of New
York city, hlcyeie policemen In checking
■WHIPIPPII mIIcMBVHMII
speeding automoblllsta tonight when -
motor car In which he and a member of
hla staff were riding was pursued for
more than thirty blocks down Broadway
and overtaken whan It stopped at the
Manhattan hotel, where the minister was
to bo a gueat ai a banquet.
a- .««« automobile stopped,
OTPWillceman sped up on his w.
Jumped to the rurb and ordered! tho
chauffeur, Romeo Oliver, from the box.
The chauffeur was taken to the t* '
court. Wu Ting Fkng and Mr. Ho, o
companion In the automobile rid.,
walked quietly into the hotel when trfey
aaw that Hecret 8ervlc* Agenr Ualdtn had
saw that Secret Service Agent Baldwin had
that the chauffeur was aware that ha Ind
been exceeding the speed limit and had
been ordered to dp — —
. lemmnn raid at .... ..... „„
had sighted the flying automobile at Sev
enty-second street and liraadwuy. Tho
chuuffeur was bent over the steering
wheel and bad the speed lever pushed to
the lost notch. According to the police
man,■ 161 miles’ was the leverage speed.
h« had finished Ills complaint Agent
when hJHMWHHMPHRMUliV
Baldwin said that Wu Ting and Mr. Ho
had been to Ossining In the afternoon In
an automobile and were returning to th*
city to attend the banquet at the Mana
batten when their motor car broke downl
then Allver's machine was hire*. The
‘ireakdnwn had caused a delay, and the
Elilnei* minister was greatly perturbed,i
i of the cardinal virtues
i fast i
Col.* Cooper in Jail.
NASHVILLE. T«*nn.. Nov. 10—Co\.
Cooper was charged with murder and
with carrying concealed weapons. Ho
waived examination and was remand
ed to Jail without bond.
Warrants were sworn out todoy
against Itohln Cooper, who killed Cor.
mack, charging him with murder and
carrying concealed weapons. It Is not
known when he will appear for pre-
llmlniry examination. ‘Bishop E. E.
Hosa, of the Mothodlat Episcopal
Church, Houth. will conduct the fun
eral services tomorrow.
Praised by Antl-8aleen League,
DES MOINES, la., Nov. 10.—At Its
bening session thin afternoon the cen-|
8ral district convention of tlm Antl-Sa^
loon League of America adopted resoluj
itlons of sympathy nnd wired them tq
Mrs, Carmack, widow o.’ former HenatoB
Carmack, who was shot In a Nashville
street tight. National Superintendent P.
A. Baker also paid a personal tribute to
Mr. Carmack from the platform In rm-ogJ
nltlon of his services In belialf of tern
psranc*. m
"We never requested Carmack to do a
thing but that he Immediately did It. and
was always glad to do It.” said KuperlnJ
tendent Baker. "He was a supremell
noble man and was a poor man."
—(per
NASHVILLE, Nov. 10.—Tho police are
Investigating numerous stories which
gained circulation today among Car-
mark's friends and cited by them, as
R tending to show Hint the Coopers had
rr-vlously determined to attack th#
»rm#r senator and were searching for
.ilm when the tragedy occurred. In ad
dition to the statement made by Gover
nor Patterson this morning, which Is on#
of the few- positive hits of evidence so
far. the nolle* are at work on reports
that Col. Cooper had sent written as well
ae verbal massages to Carmack warning
him to refrain, on pain of de*th. from
using hl» tCooper's) nsme In future edi
torials. The efforts of tho police. In con
nection with Governor Patterson's former
statement, are directed toward a rumor
that Col. Cooper had told his married
daughter of his Intention to kill Car-
mark, whereupon she ta alleged to have
called up the governor t' r telephone and
asked him to use his good offices with
her father. The police are trying to
ascertain If It Is true thst the conversa
tion had by the governor with the Coop
ers. In which he played th* part of
peacemaker, and to which the governor
refers. In Ids statement, was the direct
result of the warning he fa said to have
received from Col. Cooper’s daughter.
(Continued nn Page Eight)
has been more protracted, the fifth,
that of last June, continuing for twen-
ty-four day’s
Hypnotists have written the fam
ily asking to be allowed to try their
art* on her,
Mbs Jslraa Helen LsVloMt* a be
liever In the law of suggestion, was
one of tba visitors at th* Plette house
today.
I "Miss Plette will net die.” said
Miss Lavtolette. "Although e^e has
RUSSIAN REFUGEES TELL
OF HARDSHIPS ENDURED
NEW YORK. Nor. Ift—In an en
deavor to show that Jan Janoff Pouren
was a brave and fearlor ootdler In th*
revolutionary army In Russia, and not
a murderer and robber as the Russian
government contends In the extradition
proceedings now being conducted be
fore United States Commissioner
told the chauffeur to goBIPQMPW
he liked; to make all th* siieed he could
get out of the machine." said Mr. Halil-
win. and added: "I guess he dM."
hm— ■ • ’ led t he i aiiiJ
K-t Ollt Of til-
In. and addidHVVmVHIH^^H
■The police decided the rase would have
to go to the night court and the chauf
feur was taken there. Maglatrate Stein-
ert fjned_0.il.ver 16 for speeding, which
the
fine Mr. Baldwin paid i
was released.
EMBLEM OF BLACK EAGLE
FOR CONQUEROR OF THE AIR
FRIEDRICIISHAFEN, Nov. 10.—
Emperor William, after witnessing a
splendid series of maneuvers by th#
BeppaUn airship, today personally con-
ferred upon the count the order of the
Black Eagle, the highest Prussian den.
oration, as a token of his admiring sp.
predation. Romo expectation hml bc*- n
entertained that th« emperor himself
would be one of the airship passen
gers In maneuvers this afternoon, but
Instead Prince VonFuestenbsrg, who
has been th# emperor's traveling com
panion lately, took hla place in the car.
Emperor William. In inferring upon
the count the order said:
"The Fatherland may well be proud
to possess such a son, the greatest
Oerman of the twentieth century whose
Invention has brought us to a new
stage In the development of the human
race; We have been present todty
at one of the most momentous Inci
dents of the march of civilization. I
thank God that he found people worthy
to call our own.”
The emperor hung the chain of the
Much of the Comment on tho
Case of Jim WOodward Io
Criticized
ATLANTA. Ga.. Nov. 10— 1 The boaid
of police commlKs|onerH took
tlon In the jumeu U. Woodward case
tonight.
Chief Jcnnlng* reported th.it his In
vestigation had been only partially
completed and Capt. Jus. W. English,
opposed receiving .anything but a full
else much of the Woodward comment
as “dirty politics,” averring at the
same time that he was not a friend
of the mayoralty nominee.
Chief Jennings stated that ho had
evidence on which ho was confident
Mr. Woodward could Be convicted of
being Intoxicated on tho streets and
declared that no guilty person would
escape his prosecution by reason of
an Independent candidal# he* been
awaiting some definite action by which
the guilt or Innocence of Woodward
might be established.
MOB DOES WORK;
SAME OLD STORY
Assailant of Young Woman
Lynched By Determined
a Citizens.
MOBILE. Ale.. Nov. 10.—A long
distance telephone mezsnge from Rl-
loxl, Miss., says that Henrv l.rjdy,
negro, charged with n criminal ut
tack upon Elisabeth Hauser, a white
girl. 17 years of nge, at West End,
near Biloxi, today, was takon three-
quarters of a mile from the Jail and
lynched at 1:20 o'clock.’
No shota were fired, the mob was
orderly nnd marched back, to ‘the city
and dispersed. -v».'
The body of the negro remained
hanging to the tree for half an hour
and was vlswed by hundred of cltl-
sens.
LEVY AND SALE
The Sheriff May Sell Your
Favorite Pet Along With
the Chattels,
ATLANTA. Ga.. Not. 10—'A dor 1. j
such property as to be subject to levy
and sale for the debts of his owner,”
decided the stnto court of appeals, In.,
an opinion written by Judge Richard*
IB. Russell, today. The decision set-,
ties a novel point of law, which has A
never before been passed upon -by the ‘
Georgia courts.
The case Is entitled Vaugn vs. NeLon /
and was appealed from Savannah.
fine pointer dog was levied on and '
sold to satisfy a Judgment. A certi
orari was taken on the ground that
dog Is not property and is not auhtect
to the debts of the owner, the basis of
the claim being that such a pet la a 1
sort of subordinate member of th*
family and hedged In by certain senti
ments born of long and familiar asso
ciation. The next court turned the
appeal down, and a further appeal wi* i
made. The dog at Issue being a fins .
pointer nnd worth more than $100 In
tho open market the contest was not J
lacking In zest.
The World Do Move.
Despite the sentiment that clings
modern
vaded tl
the canl
sale for
the legs
making
is a hor
Ject to
any oth
Many
other st
by the
lengthy
i even In- ,
rc. making
bittxn and
a ch«ng>*d
i standing.;
i as me a« f
twlse sub- j|t
| •JF
' this and
are cited
nlon Is m.
s follows m .
"The v
of old T
with FI* 1
take but
the ques
tho oom|
watch dc
You"
SKSi
tsi t clan a
refnre can
tlcni'nt «>r
rlefa as t<>
e faithful
l*aa worth.
» gtva hi;
jronounw
this
In the d'
Interest^'!
rnl. Iilsti
roytl oldfd
And nil p
I. lie wlil
'tilt, h*
Htr<>ns
n
Serin* of Crlmaa In Locality.
MOBILE. Ala.. Nov. 1C.—The crime
for which the negro was lynched oc
curred where several murders nnd
other crimes recently huve been
charged to negroes.
The negro bent tho girl Into Inarn
Iblllty with a club, where *’»© wai
found several <hnura inter. The negro
lort the girl for dead: but aho par
tially regained consclousncHa and
crawled to \yh«r© she MMUdlXCOfatTli
Dloodhoundh wore secured,
negro was captured without tholr Use
nnd waa Identified by tho girl.
DARING ATTACK BY
WOULD-BE ROBBER
negro
ATLANTA. Oa., Nov, ... _
broke two bricks over the head of A,
Mayfield, n rral estate man. In an
effort to rob his sure at his office on
Pryor street tonight
Mr. Mayfield rroovered donaclousnesa
before the assallfcnt could onter the
safe nnd the negro fled without getting
nnythlng. The injurjes are not scrl
VALUE FARM CROPS
2.4 PER CENT BETTER
partment of agriculture today Issued AT LAN
a^ preliminary estimate of the produc- bee^tryl
tlon of the principal crops of the
United Htates showing thut corn,
wheat, oata and elfht other crops,
representing approximately 70 per cent
of the value of all farm crops this
year aggregate 3 per cent greater than
year ago and 2.4 per cent greater than
the average for the past five year*.
For other cropt the following fig-
urea are given for 190$ and 1U07, re
spectively:
Production per cent of apple# 43.4
nd 32-1; grapes 13 and 71.4; pears
78.2; peanuts $2.4 and 82.4. Condi
tlons percentages of oranges 13.9 nnd
44.1; lemons 92.9 and tS.Si sugar beets
81 and 90.4: sugar cane 10.8 and DM-
Sorghum, yield per acre, bushels 02 8
and $7.1: nuallty per acre 89.6 and
85.7. Oats, avenge weight, measured
bushels. 29.8 and 29.4.
order around the count’s neck and
said:
"And new. dear count, permit me to
confer unofficially the accolade.”
The emperor then embraced Count
Zeppelin thrice and ctil^d out:
Long live his excellency, Count Ze h
nelln, th* conqueror of the air, hur
rah!”
Count Zeppelin was overcome with
emotion.
Hitchcock here, the defense today call-
ed a witness who testified he fought
side by side with Pouren In the Rus
sian conflicts waged by the revolutlon-
ftr Th?s r wltness. Jan Osolln. of Boston,
told of fleeing to this country In 1105,
because he reared, he said, that the
Russian police would murder him. He
made hla testimony unusually dramatic
by the fear displayed on the stand lest
by some Inadvertence he might give
the names of the lenders of the revo
lutionary movement. When asked why
he feared to give the names Osolln re.
plied:
"Their homes would be burned and
they would be murdered. My home
waa burned and I would have been
murdered had I not eecnped.”
Osolln told of a battle that took
place at LIvarn In which Pouren fought
exhibiting exceptional bravery oml
courage- In the face of sharp musketry
firing.
When Osolln left the stand the case
was adjourned until next Thursdays,
5 DEAD: MANY HURT
SonTH BA V, Out . Nov. IS.—The
steamer TemUkamlng wa* appro,vnlng
the lending at Tetnlakamlng at ft o'clock
tonight when the boiler exploded, wreck
ing the steamer end cmulng the death
of at leaat five persona hy explosion or
drowning. Several p*>*enger« apd crew
wera hurled Into tha water by the ahock
and many are Injured.
-Owing to the remotenese of the scene
of th# tragedy details are lacking. A
men named Mctlrldge. a hunter from the
United State*. I* mlsalng, and there la
little doubt of hi* fate. J. Menard end
T, IV-Tgouhan, firemen, and two men
wno*« name* are unknown, nre dead.
Six are badly burned and several may
die. A special treln waa dl«pa»* hrd from
Mattawa to bring the Injured to that
tewn.
PLAYING BEFORE THE FIRE
CHILD BURNT TO DEATH
FAYETTEVILLE. Oa. Nov 10.—
Little Mary Frincea Lester, the three-
year-old daughter of Dr. end Mr*. J.
A. Lester, who waa seriously burned
yesterday morning at 8 o'clock while
ploying before the fire, died Lhld iftoju-.
mptg In
an
for profit
ed for pi
like the l
I! ti'l 'low
Hcribcd J
unstrung
II VMl.lf.
that he i
little, am
"'« ll < vl.l
The atta
RS’wff*.
hy the d<
value*, *r
cess, Whl
for the r
ATLA>
to tho si
city cour
day that
•oaatdgi -
actual P*
J. D. I
lalms
Jach
Im b
hlmrelf n
Tha co
actual d»
may onio
the Rylvi
cr«l*e It
$100,000.
Il.r.on / n
nopltol tc
schools.
A 1 * f i < >i 11' 11
’re ati
to tn
or
reneral c
trlct or
general c
for the a<
peace to
This is
the flrat I
cause* m
report re
submitted
Those wl
App
. fal
1 el.
Greene, I
BMfpSf I
elation, v
the An.-r
In Atlant
ite* In
The via
a\ 'am*- 1
branch of
on. b-gan
;oo dele-
hy Govern
itead.
r. f. n
i plead*
rajrx. ani
under a h
The adi
Dr. O. C.
malnder <
‘ten up
.._rrls, o
nual oral
Murfreesh
minded cf
K. G. S
lean Aaeo
ventlon o
talk In re
tratlve m
Ing at 2 o’clock.
Little Mary, with her two little
ders, ws* playing In the room.
Mary held a pleco of stove wood, w
was splintered at one end! She prob
ably held It over the fender, wktre it
Ignited end fell hack against the fen-
der. where the child was standing. Tho
flames caught the child’s dress.-
After the doctors had dressed the
(wounds the child seemed to Improve,
but grew worse last night.
Mery Frances was th-' gr.indd\u*h«
ter of Mr. and Mrs. J. W. Graheny'’
Mr. Graham I* clfik of the court. Thg
little girl had othc* relative* bar# 1
la At4nt$* v y . ‘ -O
