Below is the OCR text representation for this newspapers page.

■ -- - i 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