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Yol IX.
Judge Jones Suggests Higher
Law for Lynchers
IN GRAND JURY CHARGE
The Federal Government Has Power
to Punish Where State Fails.
Charge Creates Something of
a Suspicion,
Judge Thomas G. Jones, of the
United States court of the northern
district of Alabama, charged the
newly organized jury at Huntsvilse
Tuesday in a deliverance which has
been received in the nature of a sen
sation. :
His charge occupied the attention
of the jury for nearly two hours and
deals largely with the question of
congressional legislation for the pro
tection of prisoners against . state
mobs.
: Judge Jones instructed the jury to
invéstigate the recent Maples lynch
ing with the view of asgeriaiming if
any. offenses had béen committed
against the laws of the United States
by the mob that lynched Horace Ma
ples.
It is understood that the grand jury,
composed of citizens of north Ala
bama, will take up the matter vigor
ously. '
- Among other things Judge Jones
said: | :
~ Lately, as the court knows from
common knowledge, as well as from
reuorts of its officers, a mob gathered
in a stone’s throw of this room, and
in insolent defiance of the judges and
laws of our state, and with studied
insult and contempt for its civil and
military power which sought to pro
tect the Huntsville jail, asszulted the
assembled forces of the law at their
post of duty there. It broke down
the doors of the jail, set it on fire, re
sisted efforts to put out the flames,
and obstructed officers of the United
States in their endeavors to remove
United States prisoners from their
cells to a place of safety. This fren
zied and savage work was done that
Horace Maples, a negro, a citizen
Alabama and the United States, who
was there confined to be safely kept
to answer the laws of the state of Ala
bama upon a charge of murder,
should not be so kept and disposed of
according to law, but instead, should
be delivered to the mob und lawless
ly put to death. * * *
The question comes unbidden to
your lips, have you any duty to per
form with reference to-these offenses?
The answer involves inquiry wheth
er congress has power to punish such
an offense, and if so, has it exercised
that power by appropriate legislation?
The great importance of the prinei
ples. involved and the value of a right
understanding of them demand that
the court should give at length the
reason o° the law as well by the law
itself, that you may the better un
derstand how to apply it.
If congress has the power now to
punish the offense in any phase of it,
that power must be found in the thir-
LEESBURG. GA.. FRIDAY, OCTOBER 21. 1904
teenth and fourteeath amendments to
the constitution of the United States.‘l
Is it contained in either or both?
The thirteenth amendment prool
vides: 1. Neither slavery nor invel
untary servitude, except as a punish
ment for crime whereof the party shall !
have been duly convicted, shall exist
in the United States, or .amy place
subject to their jurisdiction, '
The fourteenth amendment pro
vides: All persons born or natural
ized in the United States, and subject
to the jurisdiction thereof, are Cciti
zens of the United States and of the
state wherein they reside. No state
shall make or enforce any law which
‘shall abridge the privileges or im
munities of citizens of the TUnited
States, nor shall any state deprive any
‘person of life, liberty or property
_without due process of law; nor deny
to any person within its jurisdiction
the equal protection of the laws.
Congress is empowered “‘to enforce”
each of these articles by appropriate
legislation. -
SEIZURE OF MAILS BY RUSSIANS.
Calchas Affair Brought Up for Dis
cussion in the Cabinet.-
A Washington digpatch says: One
of the subjects brought before the
gcaflbinet meeting Tuesday was a pro
itest agairst the ceizure of American
' mail on the British steamer Calchas
by the Russian Vladivostok squadron,
from Dodwell and Company, of Taco
ma, representing the steamship line.
The papers in the case will be trans
mitted to the American embassy at
St. Petersburg for submission to the
Russian government as part of the
whole relating to prize seizures.
LOW WATER STOPS MILLS.
Plants in Spartanburg District Forcec
to Run on Half Time. - .
The cotton mills of Spartanburg
county, S. C., and section, located on
streams from which they derive theis
power, are now facing a crisis on ac
count of the exceedingly low waten
There are spme mills that are run
ning three days in the week on ae
' count of the lack of water power.
WHEELER OFF TO WAR.
I[Little “Fighting Joe” Goes to Study
| the Russo-Japanese Scrap.
General “Joe” Wheeler, veterar of
‘the war between the states and the
‘Spanish-American war, will leave at
a nearly date for Manchuria to study
the Jap-Russian war.
General Wheeler says the Japanese
are now facing their first serious ecri
sis, and that their true metal is to be
tried.
RULER OF SAXONY DEAD.
King George Passes to the Great Un
known at 'Dresden.
A special from Dresden says: King
George, of Saxony, is dead.
Crown Prince Frederick, whose wife,
Louise, startled Eurcpe by eloping
with the Frenchman, Giron, will sue
ceed to the throne. . :
King George was greatly hurt by the
elopement and the greater part of his
last days was spent in trying to bring
Frederick and his wayward princess
together. :
BIG BATTLE RAGES
| AULY
’ 1 . '
Crisis is Reached in Blocdy
. Conflict in Far East,
- . ‘
QUTCOME IS AWAITED
Kurcpatkin' and Oyama Move Against
Each Other for What is Consid.
ered the Crucial Test of
Supremacy. :
: :
A Tokio dispatch of Thursday mora
ilng States that general activity has
been resumed in the theatre of war.
Field Marshal Oyama ‘has met Gen
eral Kuropatkin's advance with @
general advance of the gen:iral
strength of his force alcng a broad
front. :
The opposing forces were in touch
Wednesday, and it is believed a great
battle south of the Hun river is in
evitable. A
Besides this direct movement, the
Russiang are attempting to strike the
Japanese right at two pgints widely
separated. . ' et
© A previous dispatch contained the
information that a battle isouth of
‘Mukden raged uninterruptedly all of
i’l‘uesday and into the night. It was
continued Wednesday. The results
ihave not been decisive. The Russians
‘have a heavy force on the Japanese
right 10 the Taitse river, but it is
} believed ‘that the Japanese have check
'ed the Russian turning movement. .
Field Marshal Oyama repor:s that
ithe(re was fighting along almost the
ientire line since October 10, and that
the Japanese are gaining ground and
‘that the Russian attack on Sien-Chang
on the Hun river, 35 miles southwest
of Mukden, was repulsed.
A general Japanese advance along
a broad front towards Mukden is pro
lgressin’g.
A brigade of Russian infantry,
lwith 2,000 cavalry and two guns, hav
ing the object .of striking General
iKuroki’s flank, crossed the Taitse riv
er October 9. The Japanese cut off
‘the retreat of this force and possi:
bly will capture it.
i Apprehension in Bt. Petershurg.
A St. Petersurg special of Thurs
day says: The failure to receive
news that the Russians achieved de
!clsive results in Wednesday’s fight
north of Yentai, coupled with the To
lkio report that Field Marshal Oyama
is gaining ground, causes increased
l apprehension.
~ The dispatch of the Associated
%Press from Tokio was the first posi
‘tive information that Russian troops
in any force were already across the
Taitse river, although it was already
known that some g¢avalry had passed
over the river, but the report that an
other column was attempting to cut
the Japanese line of communication
with the Yalu river did not come as a
surprise, as it was known-—although
not revealed for strategic reasons—
that wide turning operations weme
proceeding on the Russian extreme
Jeft, screened by the column operat-
ing cgainst Shanpintaidze, :
General Sakharoff, telegraphing Wed
nesday evening, confirms the reports
of desperate fighting north of Yentai,
where the heights -were alternately
hewl by the Russians and Japanese.
~ As is natural, the absence of official
news is pessimistically interpreted m
many quarters, but the general staff,
though reticent, counsels patience,
pointing that the offensive movement
was planned upon a lerge scale and
has not yet reached a stage where a
de®wsive result conld have been at
tained.
The f{yrontal attack on the Yentai
mines Jeveloped a desperate battle,
in which probably 100,000 men are efi
gaged; but though the dispatches so
far deal almost exclusively with this
feature of the battle, it is pointed out
that there is a much wider field in
volved, '
A fight on the Russian left flark
has not developed and possibly here
General Kuropatkin intends to deliver
‘his main blow, ‘
MULES COLLIDE WITH MOODY.
Attorney General Comes in Contact
With a Runaway Team.
At Washington Friday, Attorney
General Wiliam H. Moody, who re
turned early in the day from a cam
paign trip, met with what might have
been a serious accident not long after
his arrival. 'While he was taking an
early morning horseback ride, a team
~of runaway mules ‘collided with his
horse near the department,
The collision was of such- force
that the attorney general was thrown
to the pavement. Fortunately, he
alighted in such a manner as to sus
tain no injury beyond a shaking up.
MAMMOTH DEAL IN TIMBER,
ity [ e b
Chicago Partie% Buy 600,000 Acres of
- Mississippi Pine Lands.
The Edward Hines Lumber Compa
ny, of Chicago, has closed a deal
in Jackson, Miss., for the purchase of
600,000 acres of pine timber lands in
Harrison and Pearl River -counties,
the price paid being about two and
one-half million dollarss Thig is the
largest timber deal made in the state
for many years. :
BURN THE COTTON STALKS.
Agricultural Department Sends Foarth
a Warning to Growers,
The department of agricultiire in
Washington, in a circular issued Wed
nesday, warns planters throughcut the
cotton belt that in their efforts {o.pro
cure an early crop of cotton to avoid
damag> tv poll weevils, they must
not over'mgk the great prime factor
in the coif ol of the pest, the destrue
tion of the stalke in Ehe early autumn,
‘ AFTER ALABAIX!A SHERIFF.
Attorney General Seeks to Have Coun
. ty Officer Impeached. -
; Attorney General Massey Wilson, of
' Alabama, has filed impeachment pro
ceedings with the supreme court
l against Sheriff A. D. Rogers, of Madi
i son county. . :
' He js charged with neglect of dnty
lin not protecting the nezro murderer,
lMaples, who was killed on tbe nigit
of September Bth in Huntsville. The
hearing has been set for November 24
. NQJ2.