Below is the OCR text representation for this newspapers page.

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 - Yesterday. 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 proved. 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- vlilekv Fulton county, lowing rea* "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 1 M, ft 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. WOMAN SHOOTS MAN TO DEATH Kills Lover and Shoots Herself. 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 body. ROANOKE DRY BY MAJORITY OF 86 Waged in Campaign in Virginia. 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 Instituted probe: 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. said case, rvirc. as one of the this cause and the . are determined. I proceeding against "f.th. Furl your daman- me Is Illeg» fact ».dj Ux »u*M idl- . >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 •>( Georgia 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 T GOVERNOR ELECT ITALY Joseph M. Brown Announ ces Itinerary Beginning 'January. 6 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 ’me. 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 afternoon. TT"“ - 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 to Atlanta. Later, perhaps In February, Mr. Brown will visit Crawfordsville, Greensboro, and other points along the lino of tho Geor gia Railroad. 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 Burke. 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 STRIKE ENDED; CAR MEN AT WORK BEN COMMONS FOR THE MEN SETTLES TROUBLE BY AC CEPTANCE COMPANY'S TERMS. 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 strike. Ho is the same representative that directed tho strikes of street car em ployes In Loulsvllln and Pensacola. AT CATACLYSM In Messina and Reggio Alone 110,000 Are Dead. 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 ished. Forty thousand people died in Riggio. (Continued on Pago Six.) List of Earthquake Victims Goows WiHi’.Every.— Passing Hour. 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 SERVICE. 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 lence. 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 ciation. SUNDAY BLUE LAW TO BE EN FORCED—FIVE ARRE3T8 HAVE RE8ULTED. 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 their sti the Mark, Jo Ma Th 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 shocks. Continued on Page 6. QUEEN HELENA SAVES TINY BOY King and Queen Qo Nobly to Rescue of Suffering Subjects MR8. MALKA SCHIFFMAN ALLEGES THAT 8HE TRACED HUSBAND TO :u<l»rtak* id J fixed *t $100 each w-J. They will b. »>t KrliUr. rr ' n /!" , ‘ that ah. wi *»•* fe J52B III k'u 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 ilMr< not know u was a 14IH 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 Taft Banquet*-Also 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 DEATH. 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 call. 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 YESTERDAY. 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 $500,000. 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. ..jg 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- Ice. 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 Washington. 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 hospital. 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 subjects. 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 head 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 delity. 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 territoml limits. SUPREME COURT TO DECIDE QUESTION T^KT CASK AS TO-ACCEPTANCE ■U THANSPOllTATION I'Oft ADVERTISING. 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 tbo company. JOHN 0. PAULK KILLS NEGRO ASSAILANT * ATTACKED IN DARK AND KTRUGGUE ENSUES—ERKK8 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 without clfect. Paulk then jerkod away and shot bis assailant through the head, kite Ing him Instantly. A coroner's Jury gave a verdict or Justifiable homicide. Mr. Paulk was formerly clerk of court of Irwin county and i prominent citizen. 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 Bald. 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. Hains.” 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' eyes.. (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 MINE YET. 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 moved. 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 ciaiOi CLINTON JARRETT JAILED NE6R0 C0UMIIK8, (la )«•«•. 30.--(Min 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.