The Macon Daily Telegraph
WEATHER FORECAST FOR GEORCIA: FAJ RANI* DECIDERIjY COLDER THURSDAY AND FRIDAY, PRECEDED nY RAIN’ NEAR THE COAST THURSDAY; FRESH NORTHWESTERLY WINDS.
ESTABLISHED IN 182S.
MACON, GA., THURSDAY MORNING, DECEMBER 31, 1908
DAILY, |7.00 A YEAR
BILL APPROVED BY THE GOVERNOR
WAS NOT PASSED BY LEGISLATURE
SAY PROTESTING BEER DEALERS
Sensational Protest Filed
When Tax Is Paid -
termlned that, for any reason, I i
ASSERT BILL AS APPROVED
IS OTHER THAN ORIGINAL
Atlanta Near*Boer Dealers Pay $12,-
400 to the Ordinary, the Amount
DemanJed by the Ordinary Under
the Wise Act—Through Jhelr At
torneys They File Vigorous Protest,
Holding the Ordinary Liable for the
Tax Money—Charge is Made That
There is no Authority for Collec
tion of Tax.
ATLANTA, Ga., Dec. 30.—(Tele
graph Bureau, Kimball House.)—Near-
beer dealers of Atlanta paid over to
Ordinary John R. Wilkinson the sum
of $12,400 this morning, the same rep
resenting the license tax provided for
1908 under the Wise act.
It was paid by R. B. Blackbun*. Wal
ter R. Brown and J. D. Kilpatrick,
attorneys representing the dealers-
With each Individual payment a vig
orous signed protest was Hied, the
same putting the ordinary on notlco
that the attack on the law through
the courts has not yet ceased and
that If the fight Is won he will be
held personally and officially liable for
the return of the money.
Tho ordinary paid the money Into
the state treasury this afternoon, ac
companying It with a copy of the pro
test filed by him and a personal pro
test by Which he hopes to avoid the
possible responsibility for tho return
of the money.
Protest is Vigorous.
In the protest as filed by- tho deal
ers, the charge Is made that the bill
approved was not the one passed by
the legislature. Tampering Is intl-
mntod. Lawyers making the attack on
the law claim that the original draft of
the bill, ns adopted by the two houses
contained the word "manufacture”
when "manufacturer'* wns meant,
will be recalled that the author of tho
measure tried to have tho "r*' In
serted by unanimous consent on tho
last night of tho session, but. bccauso
of the press of business., failed.
It Is now said that tho "r” was In
serted before the measure was ap
Tho dealers Intend carrying the‘at
tack on the law before a Jury In local
courts, on questions of fact, on tho
ground that what they sell is not a
substitute or Imitation of malt or
spirituous liquors, but a beverage of
itself, the same as coffeo or tea; and
that Is not used as a substitute for
strong stimulant* any more than any
other popular drink.
They atnto that if they fall before
the Jury, the matter will bo taken to
tho United States courts.
The protest to tho ordinary as filed
by each of the dealers Is os follows:
The Dealers' Protest.
“Upon your threat, and upon your de
claration to Immediately selzo my person
and property, and In order to avoid the
immediate seizure of my goods and prop
erty, or tho arrest of my person. I pay
to you. under compulsion, the sum of
Two Hundred Dollars, the license tax for
the year 190$, demanded by you from
as a dealer in 'any beverage, o
drink, or liquor, in imitation of or In
a substitute for beer." ale, wine,
r other alcoholic, spirituous or
■r.' as provided by an act ap-
* Timor of Georgia, Sop-
"IsC ’I In I
There is no authority In you, by
11. M, was never passea Dv the IckIhIo-
tur<\ ns required,by law; tho bill, as up*
proved, being other than tho original W!1
Introduced, and the Ml! approved by the
In the busing-!
eplng or se» „
"'I'; leverage, or nnriic, or liquor. In Imi
tation of or Intended as a substitute foi
beer, ale. wine, whiskv nr other alco
holic. spirituous or malt liquor, either at
subject to said tax.
"For tho reasons hereinbefore recited,
and upon your threat to Immediately
seize my goods and ‘property, or arrest
my person, the payment of this
made, under compulsion, and to pi
said selzuro or arrest, and It not ’
J. D. KILPATRICK.
MAN TO DEATH
Kills Lover and Shoots
NORFOLK, Va., Dec. 30—A Bpeclal
to the Ledger-Dispatch from Washing
ton, N. C., today says:
John Emerson fitone, aged 22, highly
connected In Boston and New York,
was shot and killed here early today
by May Woolard. who then shot her
self twice and may die.
Stone went to- the woman's house
to avow his Intention of leaving her.
It is said she coaxed him into the house
and when he refus. d to remain drew
a revolver and shot Stone In the right
temple. When he fell she fired again,
the ball lodging In the -base of his
brain. Then sho shot herself twice
In the forehead and temple.
The doctors at tho hospital say that
the woman has a fighting chance for
her life. Btone has two brothers, Al
bert Stone, New York and Captain Ed
gar Stono. U. S. A., stationed in Lu
zon, Philippine Islands. The former is
on his way hero to take charge of the
ROANOKE DRY BY
MAJORITY OF 86
Waged in Campaign in
ROANOKE, Va., Dec. 30—In a local
option election here today the drys
wero victorious by a majority of 86
votes. Tho wets carried three of the
four wards, their total majority In the
three wards being 107. The drys car
ried one ward by a majority of 193.
The effect of tno election will be the
closing within ninety days of forty-
two saloons and a half dozen mall or
der liquor houses. Besides these there
aro four clubs holding retail licenses.
The town also has a largo whisky dis
tillery and a big boor brewery.
The Anti-Saloon League has pledged
Itself to give $10,000 to aid In enforcing
the law after the saloons are closed.
The fight has been one of the blttcreit
ever waged in Virginia. It is said tho
wets will contest tho election.
TAPS ARE SOUNDED;
WARRIOR IS AT REST
"4th. The If
superior court of Ful-
agalnst William A. Wright, comptroller
f*n*rsi. ej BL, returnable to the Novem
ber term. I>'-s. of said superior court.
rvirc. as one of the
this cause and the
. are determined. I
me Is Illeg»
. >t to Itn payment; I. 1
at Mil time*. Inslstlur itnf T i.< vet
and am not now. within II' • ' »*s
to be taxed under the wovNop* of tie
alleged net of the nnur.i imi ii,Mv •>(
In* to n
CAPT. FRANCIS M. KING ANSWERS
LAST ROLL CALL — BURIED
WITH MILITARY HONORS.
pArRY, Ga., Dec. 30-rCapt, Francis
Marlon King, a prominent citizen and
cx-Confederate soldier, died hero yes
terday at hta home and was burled to
day In Evergreen cemetery. Rev. A. S.
Dix, of Macon, conducted the services
at tho Perry Baptist Church.
The Perry Rifies In command of
Capt. H. P. Houser and Lieut. S. O.
Rogers, acted as escort in the proces
sion and buried him with military hon
ors. Corporal C. B. Andrews sound
ed taps, and the company fired three
volleys—the salute of honor.
Capt. King went to tho war in
with Southern Rights Guards from
Perry. He was captain of the Perry
Rifles for about twelve years after
the war and was a very capable offi
ce*. He leaves a wife and one son,
E. E. King, both of Perry.
CAN’T SELL PEANUTS
GOVERNOR ELECT ITALY
Joseph M. Brown Announ
ces Itinerary Beginning
j.un.iu, xviiiiuuii iiuuhc;,—win.' u* •!«»»-
uary, Governor-elect Joseph M. Brown
will resume hla detailed tour of the state,
in conformity with the purpose announced
ties of Georgia, and expects to visit prac
tically all before he goes Into office next
On tho afternoon of Wednesday, Jan
uary 6, ho and Mrs. Brown will leav<
for Augusta, where they will spei
—, j *»*- -*-■— <nal i
iwi nutugkii WIICIU vuc, ..... - r
oral days with friends, personal and po
litical. and relatives. Mrs. Brown spent
her girlhood in Augusta, and she will re
new old acquaintances. It will bo Mr.
Brown’s first visit to Augusta since he
given in his honor.
Monday. January 11, will, be spent in
Waynesboro, going there In the fore
noon from Augusta and returning in tho
3:47 of that date for Washington, where
he will arrive at 7:45 p. m., January 13.
Thursday, January 14. will be spent in
Washington, from whero he will return
Later, perhaps In February, Mr. Brown
will visit Crawfordsville, Greensboro, and
other points along the lino of tho Geor
The latter half of January will be spent
In Brunswick, Rt. Mary’s. Darien and
other south Georgia cities, tho exact
dates, however, not being os yet fixed.
Meeting W. and A. Commission,
ATLANTA. Ga., Dec. 30.—Governor
Smith has Issued a call for a meeting
of tho Western and Atlantic Railroad ex
tension commission. It will assemble for
the first tlmo In Atlanta on January 0,
at which tlmo plans will be laid fjr thb
Investigations to be made under tho t Mo
nition creating It. as passed at tho extn
session of the legislature.
Tho purpose of the commission Is to
Invcstlgato the feasibility of extending
the state road to the sea with the use of
convict labor. It Is composed of Hoop
er Alexander and Joel Hurt, of Atlanta;
W. H. Burwell. of Sparta; George Pole
Wndley, of Rollngbroke; Paul Trammell,
of Dalton; Joe Hill Hall, of Macon: C.
W. Brantley, of Dublin; J. JJ. Howard, of
MlllcdgevlUe, and H/ J. Fullbrlght, of
207 CoqvIcU Pardoned.
ATLANTA. Ga., Dec. 30.—During the
year 1908, 267 convicted criminals wero
rstaued from the state penitentiary or
_ . .. county chain gangs under pardons Issued
Ends Bitterest Fight Ever
largest number ever pardoned in ;i
year. During tho previous year, 1907. 97-
were turned loor
CAR MEN AT WORK
BEN COMMONS FOR THE MEN
SETTLES TROUBLE BY AC
ROME. Ga., Dec. 30.—With *ho ac
ceptance of employment with the Rome
Street Railway Company by tho pres
ident of tho local union of the Amal
gamated Association of Street Rail
way employes upon tlio company's
terms, tho strike of the union motor-
men and conductors Inaugurated two
months ago, was ended today.
Ben Commons, delegate of tho asso
ciation, lius personally directed thi
Ho is the same representative that
directed tho strikes of street car em
ployes In Loulsvllln and Pensacola.
In Messina and Reggio
Alone 110,000 Are
ROME, Dec. 30—Tho Immensity of
the disaster in southern Italy and
Sicily can only be measured by the
fact that it is now estimated that 110,-
000 peoplo perished in MeBslna and
Reggio alone. A score of other towns
have been devastated and thousands
of victims in these places must be add
ed to tho roll. In tho face of this aw
ful total, all Italy stands appnlled.
Full Death Us* Not Reached.
Nor has the full death list yet been
reached. Shiploads of fugitives have
arrived at N.iph-s an«l other ports and
the vast majority of these are sorely
Injured. Other thousands remain near
the ruins of the'r homes or wander
half starving, hair naked over the land.
The forces that on Monday (jyerwhclm-
ed tho cities also destroyed the means
of Kubslstem-o. Telegraphic commun
ication has been established with Mes
sina, tho apparatus having been In
stalled In a railway van. Messages
which have come over the line, though
they have been meagre In detail, show
that hopo Is gone. Nothing remains
of th 0 city but-a mass of ruins that
have been swept by fire. A more hand
ful of survivors are being cared for by
the rescuing forces, but their distress
Is great and It has been increased by
tho violent wind which followed the
deluge of rain. Destruction in every
where and appalling. There Is little
food and less water.
Of Messina's 90,000 population, it la
believed that fully 70,000 persons per
Forty thousand people died in Riggio.
(Continued on Pago Six.)
List of Earthquake Victims
ROME, Deo. 30—The minister
marlno estimates the victims of the
earthquake and tidal wave In Calabria
and Sicily at 115,000.
Succoring the Wounded,
CATANIA, Dec. 30—Tho latest news
from Messina sets forth that somo
^ogress Is being made In the work
of succoring the wounded survivors
but no attempt is being mado to re-
movo tho wreckage. Tno troops and
sailors have been obliged to shoot down
robbers who persisted In looting. Tho
entiro local treasury of tho Messina
branch of the Bank of Italy, some $2,-
000,000 has been saved and Is on board
an Italian warship.
Inhabitants Crazed With Gritf. %
The rescuers at Messina are rapidly
becoming exhausted. The fires have
not yet been put out and there Is no
water with which to combat the flames
Many, of tho peoplo still refuse to
M’LENDON IN CHARGE
COMMANDING OFFICER AMERICU8
LIGHT INFANTRY LEAVES THE
AMERICUS, Ga., Dec. 30—Capt. C.
E. Vanriper has tqpdcred to Adjutant
General Scott his resignation as com
manding officer of the Amerlcus Light
Infantry, Company L. Fourth regi
ment. Lieutenant • McLendon assumes
charge pending the forthcoming elec
tion of officers. The company Is In
splendid physical condition and will be
maintained at high standard of excel
Colored Fair Association.
AMERICUS, Ga., Dec. 30—President
Wright of the Georgia Colored FfcJr
Association, Is In Amerlcus this after
noon seeking co-operation In locating
the fair here permanently. Eligible
grounds were Inspected and It appears
quite probable that the assistance de
sired will bo extended tho fair asso
SUNDAY BLUE LAW TO BE EN
FORCED—FIVE ARRE3T8 HAVE
VALDOSTA. Oa.. Dec. 30—That an
llbrt H to Ni made to enforce the
Sunday closing law here Is Indicated
by the fact that five Syrian merchants
were arrested yesterday evening late
MARRIED IN RUSSIA;
SEEKS ALIMONY HERE
leave the ruins of tlielr houses. They
cling to tho sites of their homes, cry
ing out that their only safety In fldcl
Ity to the wrecks of their houses.
Force often Is necessary to get them
to the ships In the harbor. There aro
Urge numbers In the suhtirbH of Mes
sina. who will not come back Into tho
city for fear of a recurrence of the
Continued on Page 6.
SAVES TINY BOY
King and Queen Qo Nobly
to Rescue of Suffering
MR8. MALKA SCHIFFMAN ALLEGES
THAT 8HE TRACED HUSBAND TO
fixed *t $100 each
w-J. They will b.
rr ' n /!" , ‘ that ah. wi
*»•* fe J52B
l.’i.tf . !».
CATANIA, Dec. 30—King Victor
Emmanuel and Queen Helena arrived
at Messina today on board the bat
tleship Vtttorla-Emmanuele. They at
onco disembarked and made their way
into the ruined city. As soon as It
was known that tho king and queen
had come crowds of tho terror-stricken
populace swarmed around the royal
party, prostrating themselves In tho
mud and crying aloud for pity. This
reception was too much for the queen
who almost fainted.
Terrible 8tories Told King.
Many terrible stories were told to
the king In connection with tho work
of rescue. Ills majesty, however, lost
little time in listening to a recital of
difficulties. He Immediately Joined 1
rescue party and labored as unremlt
tlngly as the others. He personally
extricated several Injured persons p'n-
n*d In the ruins. The queen quickly
recovered her courage end followed the
example of her husbsnd. Hhr devoted
ttentfon principally to the little
not know u was a
Helens Saves Child.
Mhs retcuid with hsr own hsnde a
Utile boy three years old. bleeding
from meny cuts and wounds and
herself carried h’m to the dmk where
she handed him over to member
the hospital corps. At the dork wero
many smell hosts sent In (i take ilm
wounded out to Hi* ships In the harbor,
fever/ avsllebls In ik« port
Would Have Him Attend
Others of Note.
EMPTY BOTTLE TELES
STORY OE BOY'S DEATH
ATLANTA, Ga., Dec. 30.—President
Roosevelt, all the members of the federal
cabinet. Senators Bacon and Clay, the
entire Georgia delegation of the nntlonal
house, and Governor-elect Joseph M.
Brown and Gov. Hoke Smith will be In
vited to attend the banquet to be given
here In honor of President-elect Wm. H.
Taft on the night of January 15.
FRANK KINg DRINKS POISON AND
THEN SHOOTS HIMSELF TO
Plates will bo laid for 050, which Is the
dining capacity of the now auditorium.
Tickets will be sold at $10 each, members
of the chamber of commerce to have first
Prominent negroes held a meeting this
tho 19-yesr*o)d hoy who was killed at
hla home on Forest avenue yesterday
afternoon, died by his own hand.
the occasion of hla visit here.
deadly acid, together with a straw which
seemed to have been used In drinking
the liquid, Indicated that In addition to
shooting himself ho had takon poison.
RISK TAKES RACES
ON SAVANNAH TRACK
gerlng out of the front door.
The young man died three hours Biter
without giving an account of the shoot-
CLOUDY WEATHER KEPT DOWN AT
TENDANCE AT THUNDERBOLT
SAVANNAH. On.. Dee. 30.—Cloudy
weather kipt down tbo attendance at the
Thunderbolt track thla afternoon. Dolly
Bullman wan closely pursued by Siskin
In tho first race, but Belle of tho Ball
soon tired nnd was a poor third. The
feature of tho day's meeting was the win
ning of two races by Risk. Clowley pi
loted Risk In 1:12 for five nnd a half
furlongs at odds of 7 to 5 and In the third
race with Goins up, tho same horse did
three-quarters of the mile In 1:25 2-f
First raco, G furlongs; purse; for two-
S ear-olds—Dolly Bullman, 4 to 1. first;
lskln, 2 to 1, second: Bello of tho Ball,
6 to 1, third. Time. 1:112-6.
Second race, purse; selling, for three-
year-olds and up, one mile—Auspicious,
1 to 6, won; Coincident, 4 to 1, second;
Virgin T, 10 to 1, third. Time, 1:46 2-6.
Third race, 6H furlongs; for threo-ycar-
okls nnd up; selling—ltlsk,
Istrla, 16 to 1, second; Hun'owny, *4 to l|
third. Time, 1:112-5.
Fourth race, purse; for two-year-olds;
CH furlongs—Spring Frog; even, first;
" ** ond; Zaffrc, -** * —
St. Abe, oven, second;
third. Time, 1:26 2-6,
Fifth race, purse: threo-yearolds and
up, OH furlongs—Risk, 3 to 1, first:
Mclido, 8 to 1, second; Bello of tho Bay,
4 to 5, third. Time. 1:25 3-6.
10 to 1.
RECEIVER ASKED FOR
EQUITABLE LOAN CO.
ATLANTA INSTITUTION IS TIED UP
DY COURT8—ASSETS TOTAL
ATLANTA, Ga., Dee. 30.-Appllcatlon
for receiver for the Equitable Loan
Security Company wns made jo Judge
John T. Pendleton, of tho Fulton supe
rior court, here yesterday afternoon.
It In claimed that thn company has
assets worth approximately $600,000,
which includes the Urown-IUndolph bulld-
nt Mmrlettn and Peachtree atraeta.
The court Issued an order restraining
tho officers of tho company from dispos
ing of any of Its assets and fixed January
9 us tho date for hearing the petition.
The suit was brought by F. J. Parma-
PRESIDENT TO TAKE REST
AT HOME OF DR. RIXEY
WASHINGTON, Dec. 30.—Presi
dent Roosevelt will enjoy hla only
rest during tho preie.it holiday nen-
aon l»y a visit tomorrow to tho conn,
try home of Surgcon-Genernl Illxey
of th! navy. He will spend the en
tire' day nt the Rixey home, which
Is located on the Virginia lnlla Just
across the Potomac river from
Derelict Towed to Port.
NORFOLK, Va., Doc. 30.—Tho
derelict achooner William J. I.er-
mond, from Fernandlna to Phila
delphia, which va, wrecked and
abandoned In the recent coast storm,
was today towed Into this port by
tho United States revenue cutter
Onondago. The Lormond Is a bad
wreck. Tho schoonor's crew wcr»
taken aboard the Austrian steamer
Columbia and supposed to be still
aboard that vessel,
has been fitted up as a temporary
People Weep to 8ee King.
Peoplo wept from emotion when they
saw the king and qtfeen of Italy
ashore. The women threw kieses to
h.r mslesty. Both were practically
carried up the p!cr In the arms of their
The presence of the King has acted
as a general inspiration. Even the
wounded found fresh strength when
they learned hla majesty had romo
among them. An aged man who had
been abandoned under n beam that ap
parently had cruahed out hi* life, re
vived for a moment at tho shouts of
long enough to call out; "Now I can
dlo happy. Long life to tho king." Hi
then fell back and esplrad.
Greet.,t Disaster of All Time,
■Ignor Orlando, the minister of Jj«
Ilea, who la with the royal party, haa
describe,! thn catastrophe In a tel-v
gram to a friend as th* "Greatest tils,
aster In the memory or men."
An overpowering .tench la beginning
to area from the rt|lng of MmUMK
f>u thousand soldiers will ba required
to bury tin* dead there.
It was learntd today that General
CVII loet his Ilfs at Heeslnp,
MRS. WM. E. ANNIS NOBLY DEFENDS
ASSAULTS UPON THE CHARACTER
OF HER HUSBAND BY SERVANTS
“1 Had Implicit Confidence
in My Husband’s Fi
An empty hottlo that had contained
nlona In tho house.
"1>II Charlie to como home. I am shot.'
That was tho message received over th_
telephone In tho office of Charles King
COLUMBUS PLANS GREAT
COLUMBUS, Ga., Dec. 30—Tho first
public meeting In this city In tho now
year will be n muss meeting at which
a "Greater Columbus .Association" will
be organized. At a meeting of a spe
cial commltteo from the board of trado
this afternoon tho formal call for such
a meeting was Issued.
A half thpusand citizens have already
agreed to become members of the pro
posed association which will set to
work along organized systematic lines
for a greater Columbus In the rcspectn
of commerce and Industry, as well as
SUPREME COURT TO
T^KT CASK AS TO-ACCEPTANCE
■U THANSPOllTATION I'Oft
WASHINGTON, D. C„ Dec. 30.—
Whether newspaper and munazlna
publishers may legally accept trans
portation over tlio railroads In re
turn for advertising In their columus
probably will soon be decided by
tho supreme court of tho United
States. The Chicago, Indianapolis,
and Louisville Rnllrond Company,
generally known ns tho Monon
route, has brought to that court a
coso involving this qucntlon, nnd It
Is probable that tho court will find
In It a subject of such general I in
portancc as to Justify It In advanc
ing the hearing.
The suit orlglnully wan Instituted
by the government In tho United
States circuit court for tho north
orn district of Illinois. The court
held that such n transaction would
In nil probability result In discrimi
nation and thereforo decided against
JOHN 0. PAULK KILLS
* ATTACKED IN DARK AND
IIIS GUN AND BIIOOT8.
FITZGERALD, Oa„ Dec. 80.—At
9:30 last night as Hon. John II. Paulk
stepped on the porch of the resi
dence of Ellas Paulk, of this city,
ho was grabbed by a negro, who
threw him to tho ground.
During th» struggle Paulk man
aged to draw hla pistol, but It was
caught by tho negro and went oil
Paulk then jerkod away and shot
bis assailant through the head, kite
Ing him Instantly.
A coroner's Jury gave a verdict or
Mr. Paulk was formerly clerk of
court of Irwin county and i
MARRIAGE LAWS NEEDED
ATLANTIC CITY, N, J., Dec. 30,
—Marriage and divorce were takrn
up at today's session of the Ameri
can Sociological Society, several of
tho speakers declaring that drastic
lawa for the umlrol of marriage
rather than changes In divorce Ian
were needed to halt tho growth o
family separation In this country.
DEFINES MY ATTITUDE”
VXidow of tho Slain Editor t Though
Bound by Promise Not to Discuss the
Hains Trial, Expresses to the World
Her abiding Faith in Her Late Hus
band and Defends Hia Memory From
the Sava-e Attacks Made by Paid
Servants—Certain That Annis* Ac«
tiona Were -Ever Circumspect.
FLUSHING, N: Y.. Dec. 30—Mrs.
William E. Annin, widow of tho slain
editor foi; whoso death Thornton J.
Hains Is now on trial on tho charge
of murder, toduy expressed hon run-
fidcnco In her husband’s absolute fidel
ity and doelared In an Interview that
his relations with Mrs. Claudia Hulns
wero wholly within tho pro[rrlcties.
Hhe places no credence In tho stories
of the aervunts from the Hains house
hold 'and her Interview defending her
dead husband's name was prompted
by their testimony on the stand.
“My Husband Wat True.”
"I believe lie was true to me,” she
I do not wont to appear to attempt
to prejudlco the Jury, and I have given
my word to Mr. Darrin thut I will not
discuss tho case, but It Is right that ]
should defend tho memory of my hus
band and tho father of my children.
have nothing to say about Mrs. Clau
dia Ilulns. I am certain that my Hum-
band's relations with her wero entire
ly proper and that thero was nothing
wrong between them.
"I always had Implicit confidence in
my husband's absolute fidelity. This
defines my attitudo toward Mrs.
A sudden Indisposition of John F.
McIntyre, chief of counsel for Thorn
ton J. Hains. charged with his broth
er. Captain Peter C.-Hains, Jr., with
thi> Iflllltiir nf Win Annin rmunil fin
the killing of Wm. R Annis caused i
adjournment of the trial this afternoon
until tomorrow. Mr. McIntyre com
plained of Illness during the morning
session and an early recess was taker!
at his request. Mr. McIntyre found
hhnself unable to go on with the case
tmr fitternmm and Justice Crano or
dered an adjournment to tomorrow.
Dr. Austin Flint, tho alienist for tha
prosecution, informed Justice Cron©
that Mr. McIntyre was suffering from
overwork nnd that a short rest would
probably prevent a breakdown later,
which would cause a longer adjourn
ment. Mr. McIntyre was seized with
dizziness while examining Major Jno.
Hains, U. B. A., brother of Thornton
Hains. who had been called and was
testifying to his brother’s mental con
dition which Is said to have been
brought on by marital trouble.
Hains' Brother Testifies.
Major Hains was the principal wit
ness for the defense today. In a voice
that trembled from emotion, Major
Hains told tho Jury of tho changes
that he hud noted in Captain Hains
mental condition from a year ago to
the time when thn captain told of thos*
happenings that led to the separation
from hla wife. All through hla testi
mony the tears fell from Major llalns'
(Continued on Page Three.)
CV<mv of IjoIUh IwimliwI.
II.Willi■ lit:. Hit. :»tt. Tho Nor
wegian steamer Kronprlnz Oluv, from
Savannah and Norfolk for Hamburg,
has brought into this port the crew
of the British schooner Lolita A.,
Capt. Courtney, from Oporto No
vember 26 for Newfoundland. The
Lolita A. was of 176 tons.
LICK MINE HORROR
GROWS WITH HOURS
TWENTY-TWO DEAD BODIES RE
MOVED-MANY OTHERS IN
BOANOKE. Val, Dec. 30 ~1 h 0 latest
news received at tlio Norfolk anil
Western Hallway Company headquar
ters hero from tho I.lck Branch cool
mine disaster Is to the effect thut twen
ty-two dead bodies have b« on re
Eighteen miners have crawled out
unaided and five others have been
brought out alive by rttcuo parties.
- It Ts now bellmd Ifeat from :<;• to ro
miners remain m * >e mine and there
Is no hope entertained that uiiy of
them are alive.
beer stands have a
burg It seems, as
fixed a tax of $300.
and revenue taxes
fries* that Is not a<
place like thle.
This with Up
ROME* i" « 'i The iippnuiliaen
I* shop Drill.I* 0*0#MMlL rrrtor of
Cal hollo University at Waati-ngUM
’J ii.i t blehop nt tn Ki m.
••Hh right of *u» ifss'on to Ai.hbi*
it Iordan was off:* lolly ilcnlnl at
alien today. It i* probable, h
aver# that Jllrimp m'qnnHi soon
be mad# auxiliary bis op of Kan n
CLINTON JARRETT JAILED
ion .1 urn'll, a whim hoy of Girard,
Ala . who laut night shot to death
:b.n SUiv.|M, .» tirgro, wa« today
I'Umm! in Jail by oi.br of Mayor
Koni. . of that i ity. No waireul Uaa
><H bnvu Issued.