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TWICE A-WEEK TELEGRAPH WEATHER FORECAST FOR GEORGIA—PARTLY CLOUDY FRIDAY AND SATURDAY; LIGHT TO FRESH SOUTH TO SOUTHWEST WINDS. ESTABLISHED IN 1826. MACON, GA., FRIDAY MORNING, MARCH 29, 1907. TWICE-A-WEEK, $1.00 A YEAR. CORBIN BANKING CO. MADE AN ASSIGNMENT Banlring^Ccminanr*Vo?’ 28 ~ The Corbin ! INTERSTATE COMMISSIONERS the benefit cntdlt^r. t?*ofw«e C. I W ' LL INVESTIGATE TROUBLE «re S G"o r Je W E ^Fdgell™ mi 'a'’ c ; 0:n P any WASHINGTON. March 23.—Chair- bin. Mr Fdi'niT * in <l Aur-tin Cor- j man Martin A. Knapp, of the Inter- Corbin vic/r>r.“--i(Jei ^of^h^vr ^nH /? lr * ■ Mate Commerc e Commission, and Beach Hot**] r \ „ / A 51 * ^ an ^ a ttan j Chas. P. Neill, Commissioner of La- Iel an3 - will leave here tomorrow noon and Mr. Manhattan . , n 'l Land Company. Mr. Austin haul that a rough estimate . 1 •••‘co the liabilities at *1.700.000 and tne assets at 13,000,900. The assign ment was due to -the maturing of obli gations, said he: “Times are hard and money is high. The company owns four hundred acres of land at Manhat tan Reach and Far Rock way which is worth *3 000.000. You can not get any one to buy real estate at present. There Is other valuable real estate in the South arid West hut loans and con tracts prevented it from being dispos ed of.” A petition praying that Austin Cor bin anil Geo. “ and as co-partnc ing Company, 1 was tiled in th today. Tin- petitioners are Isabelle IT. Knott, of Denver: Alice H. Hill, of Los Ange les. and Alexander J. Shamburg. of New York The petition alleges that ti'fv Corbin Ranking Company owes more than haif a million dollars and mentions various sums deposited by the three petitioners. The plea for the declaration of the bankruptcy of I-elgeii an,l Corbin is made on thr ground that the tiling of an assignment was In v:o!a:ion of the bankruptcy Kdgell. individually | Corbin Bank- I irerl bankrupts. I for Chicago, where they will hold a conference with representatives of the conductors and trainmen and officials of Western railroads entering Chicago in regard to the dispute over the ques tion of wages which threaten to result in a disastrous strike unless a satis factory adjustment Is effected. Chairman Knapp said that the visit of himself ar.d Mr. Neill will be sim ply in the direction of mediation and conciliation. The request for these efforts at mediation snd conciliation came from tho railroads. “It there fore becomes our duty under the law.” id Chairman Knapp, “to put our- Lnltcd States Court selves in communication with the par ties and endeavor to bring about a settlement. If we fall In that effort, then It is our duty to endeavor to in duce the parties to enter Into an arbi tration.” MERIWETHER KILLED NEGRO IN SELF-DEFENSE. HARRY THAW UNDERWENT RUNNING FIRE QUESTIONS Jerome Contends That Thaw Is Suffering From Par anoia Cairn Answers for Questions Crocker and Wlckes, counsel 'dinners in the bankruptcy s. said the action was taken of depositors into art. I Were for the p< proceeding to protect find other creditors, r "Home of the fund tors are tied up by 1b p ent," said Mr. Cruker, the attorneys, "and they s l>y law of the United States how their interests are to be protected.” GEORGIA MAN APPOINTED AS SPECIAL U. S. AGENT WASHINGTON. .March 28.—In ac cordance with his tentative announce ment made some time ago, Secretary Strauss of the Department of Com merce and Labor today appointed J. I. Renton, of Monticollo, Ga., as a spe cial agent to Investigate the trade con ditions in foreign countries with spe cial reference to the marketing of cot- t in seed products. Mr. Renton ts a. memberof executive committee of tho In t erst; FJATONTON. Ga., March 28.—While coming to town to visit hi? father, Mr. William T. Meriwether, whose home is near Oconee Springs, in this coun ty, was forced to kill a negro in self- j defense. Mr. Meriwether, who is | prosperous ttnd quiet young farmer. came upon Davis Gardner, a negro, I who was fighting one of Mr. Meri wether’s tenants, George Simmons. It seems that Simmons had been pretty f thso deposl- j badly beaten up and injured in a rock ict of assign- j haltie with Gradner, his assailant, speaking for j Mr. Meriwether remonstrated with cck to know Gardner, and tried to make him leave, when Gardner turned upon Mr. Meri wether and he yas forced to kill him in seif-defense. Young Meriwether is the son of Mr. Tom Meriwether, a R. F. D. carrier of Katonton. and has the sympathy of the community in his trouble. ARCHIE ROOSEVELT TAKEN OUT FOR DRIVE WASHINGTON. March 28—All dan- er of infection having passed, the I quarntine placed upon the room in the j White House .occupied by Archie it ton Seed Crushers’ Asso- j Roosevelt during his illness from dyp- clatlon and is also the secretary of the i theria, was raised today. Archie has Cotton Seed Crushers’ Association of . so far progressed that ho was taken out Georgia. for a drive this afternoon. 83,941,510 THE SOULS IN UNITED STATES NEW YORK, March 28.—Harry K. Thaw for two hours today submitted himself to a running fire of questions from the three men appointed by Justice Fitzgerald as a commission in lunacy to determine his present state of mind. The examination was con ducted behind closed doors and when few minutes before 5 o’clock this afternoon an adjournment was taken until 10 o’clock Saturday morning, no one connected with the hearing be fore the commissioners would discuss the details of the inquiry. Thaw went willingly and confidently before his judges, and when the two hours secret session was concluded his attorneys appeared with smiling faces and declared they were more than satisfied with the course of the proceedings. - District Attorney Je rome hurried away from the Criminal Court building, declining absolutely to say one word about the commis sions’ work. The most important feature of the day’s proceedings was the decision of the commission to limit the scope of its inquiry to the exact language of the state-^-to determine solely the question as to whether or not Harry Thaw is able to understand the nature of the court proceedings against him and is able to advise his counsel in a rational manner. District Attorney Jerome announced to the members of the commission that all of the legal experts he had employed in the ease had advised him that Thaw is suffering from a typical case of paranol—a disease of the mind in which the recoveries are limited to'j 2 or S per cent- He offered to adduce j testimony to support this statement, < HENRY BURDEN CAUGHT BY OFFICERS LAST NIGHT It will be remembered that Officer Moseley chased Henry Burden a half mile a few weeks ago, in an effort to arrest him for beating his wife. Henry haj lambasted his spouse on several occasions, but always escaped. Last night he was in the lime light again. He returned home and began an onslaught on his wife when an of ficer was called. Patrolman Johnson was on the beat and responded at once. Her.ry resorted to old method of escape by a foot race, with Officer Johnson and two bailiffs in hot pur suit. He was making fine headway, but the officers kept in view. Unfor tunately for Henry, his No. 12 struck an obstruction and he tumbled to the ground, and before he could recover an upright position to continue his flight Officer Johnson had him by the collar. He was landed in the bar racks and Recorder Cabaniss will “deal out even handed -justice” to him this morning. It is said there are several charges against him. BIG FACTORIES 60 UP IN FLAMES IN ILL-FATED TOWN TOE TAXIMETER CABS ARE THEJIEXT THING NEW YORK, March 28.—'Before the heat of summer has made walking un comfortable New York will be pro vided with a new means of transporta tion in the shape of several hundred motor cabs, equipped with' the taxi meter, a machine which automatically registers the distance traversed, and time consumed, and Indicates the legal charge therefor. According to Richard W. Meade, president of the New York "f ransporta- tion Company, this corporation expects to put out from one to txto hundred machines equipped with th9 taximeter in the near future. They would have been sent out much sooner had it not been for the disastrous fire of Febru ary 1, which played havoc with the company’s main garage. In addition to the transportation company’s cars, it . , . is rumored that a new company will but the commission waived it aside, I jncorporated.-^which will immediate- saying that the purpose of the inquiry , jy pi ace five hundred or more cabs in was a very simple one and had to do1 service, all provided with taximeters, not with any classification of mental , rates below those of its rivals’, diseases, but with the prisoners pres-j j n jj, e course of conversation, Mr. ent state of mind as judged by lay- Meade said today: men. j “We are going to adopt the taximeter In iayin-g down this decision the j because we think that not only can we commission confronted the District i ^ive our customers better satisfaction, Attorney with the very position he but that we can mako more money our- has maintained in putting Thaw on • pelves. Its success hns been demon trial for his life. Mr. JerdYne contends j s tratcd in numerous—European cities.” The taximeters look very much like the registers in street cars. They are surmounted by a piece of red metal like a flag, bearing in black letters the word “vacant” When this flag is ele that Thaw Was suffering from paranoi on the night of June 25 last when he shot and killed Stanford White, but he added that paranoiacs often have knowledge of what they are doing and that Thaw knew the na- j vated, it means that the cab Is for hire. nr WASHINGTON. March 28.—There e now nearly eight million people in continental United States than there were six years ago. The above esti mate is based upon figures compiled by tho Census Bureau in a special report issued today. According to its estimates the population of continental United States In 1906 was 83.941,510. this being an increase over 1900 of 7,- 946,936. The population of tho United States inclusive of Alaska and the in sular possessions in 1906 was 93,182,- 240. The growth In population in con tinental United States from 1905 to 1906 was 1,367 315. Computed on the basis of the esti mate the density of population of con tinental United States in 1906 was 2S persons per square mile, as compared with 26 In 1900. The five leading cities and their es timated population in 1906 are as fol lows: New York 4 113,043: Chicago 2,- 049,185; Philadelphia 1,441 730; St. Louts 649,520 and Boston 602 27S. Tho State? which took a census in 1905 are Florida. Iowa. Massachusetts. Minne sota. New Jersey Now York, North Dakota, Oregon Rhode Island. South Dakota, Wisconsin and Wyoming, Michigan the census is taken in roars ending with a "4." REV. W. F. WRIGHTSVJLLE, Ga., March 2S.— The case against Presiding Elder W. F. Morgan, against whom an indictment for perjury was returned last Thrusdav at the instruction of the grand jury o> h W. J. Flanders Is foreman, was whi tried yesterday, being concluded about midnight last night. The jury return ed a verdict of not guilty after only a few minutes consultation. The trial was attended by large crowds of the city and county’s best citizens. A great number of ladies were at the morning, afternoon and evening session of the" court. The defense was made out per fectly by the State’s wisnesses and not a single witness was introduced for the defense, which rested on the de fendant's statements. People here be lieve the verdict one of the most right eous ever rendered by a jury in the county. Flanders was the main wit- i ness for the State and sat bv and In prompted the Solicitor General through- ho out the entire trial. Solicitor Genera] The popu- : Herrington repesented the State while lotion returns for these States was : the defense was directed by Hon. W. 26.263.877. an increase since 1900 of 1.- : B. Stubbs of Savannah, assisted by 901 572. or 7.3 per cent for the remain- ' Messrs. Daley, Bussey, Robinson, Fair ing Stales and Territories. The pop- j cloth, Stephens Blount. Julius. Hicks uliiiion for 1906 ns determined by the | Martin and Hatcher of the trial bar method estimating adopted by tlie ; and the defendant’s brother. Cliff Mor- ■Hureau of the Census was 56.2S3.059 i gan. of Reldsviile,' all of whom tender- nn increase over 1900 of 4.374,040 or 8.4 ed their services. Among these who per cent. tendered their services to the defen- The poulation of the fourteen States dant hut were not present on the trial making an enumeration if est'mated in were Judge S. B. Adams and Congress- tii,. some manner, would be 26.204.762. man Chas. G. Edwards, of Savannah: n decrease of only 0.2 per cent from | Hon. DuPont Guerry of Macon theen- tt» actual returns. , tl r e bar at Tattnall County and others. The population of continental United The defense would not demur to the States in 1905. as obtained by adding j indictment nor permit the State to en- t,i the returns of the States which took ! ter a noli prosse to it. hut allowed the a census in that year, the esimnted j State to amend the indictment as to flat ion of the remaining States and | such matters ns it desired in order ! urdav. no sessi r~ ries is 82.574.195 an increase I t over 1900 of 6 579,620. or S.7 per cent. I The rapid growth of urban popula- g tion is noteworthy. The eighty-eight cities with an esti mated population of 50,000 or more in 1906 had a total estimated population of 19.771 167, an increase of 2.766 S63, or 16.3 per cent over that reported at the twelfth census. get a jury trial. WAITRESS STABBED WITH in H* PITTSBURG.March 28.—Miss Nnacy Miller. 24 years old. a waitress, employ ed at a hotel In East Pittsburg. was stabed seven limes tonight with a butcher knife and died within afew minutes. Walter Howard who has sev eral aliases, is locked up charged with the murder., Howard made advances to Miss Mil ler which were not reciprocated and when he became persistent she had him arested. Tonight Howard called a: the hotel and after being refused.ad- mittance Is alleged to have purchased a butcher knife. Returning again he made his way unobserved to the kitch- e \ where he plunged the knife into the voting woman’s back. Then Howard stained her six times in t.:e breast be- f re she fell dead. ... Ov r 1 000 persons crowded the street •■....•it of the hotel threatening ven- : ■ >n Howard, but a squad of of- c’.v lodged him in the Alle gheny County JalL BOVS, IT DROVE HE TO II,” SAID STM WEST BADEN. Ind., March 23.— Chas. S. Stahl, known in baseball circles as "Chick Stahl,” committed suicide today in his rooms at the West Baden Springs Hotel, by swal lowing cabolic acid. No cause is konwn. Stahl was captain of the Bos ton American League baseball team and formerly lived at Fort Wayne. Ind. Manager Taylor has abandoned the spring practice games of the team. Stahl ate his breakfast as usual to day and visited members of the team in their rooms. Later he left for his own room, which he shared with Collins, and it was supposed he was dressing for practice. Collins entered the room a few minutes afterward and Stahl told him he had Just taken car bolic acid. In a few minutes he was in terrible agony. To members of the team whom Collins had summoned, Stahl said: “Boys. I couldn't help it; it drove me to it.” Members of the team say they do not know what he meant, but thev knew he was worried about some thing. A bottle of carbolic acid had been taken away from him a few days ago at Louisville Ky. Sth.-.I's wife, at Boston, and his relatives a: Fort Wavr.e, Ind.. were rot fled. He will be buried at Fort Wavr.e Ind. The coroner's inauest began late to- *Uy- ture and quality of his act in kilin White and knew that the act was wrong. Thus while medical experts may determine today that Thaw is still suffering from paranoia the question to which the lunacy commission has decided to confine itself v deals solely with Thaw’s knowledge as to the pro ceedings against him and his ability to advise his lawyers. The commission got underway with a rush and plunged at once into the personal examination of the defendant. District Attorney Jerome protested at first that he was not able to proceed, saying he would-like to have his med ical advisors present during Thaw’s examination. He finally stated he would have no objection to tho exam ination going forward, provided he was permitted to reserve his cross examina tion and the commission forth wit* settled the matter of the presence of the experts by excluding them from the room along with every one else, ex cept the defendant and his counsel the District Attorney and Assistant Attor ney Garvan. As to the cross examina tion by the District Attornev the com mission said the matter would be taken up when it Is reached. It was stated that during most of two hours Thaw was before the commission, the notes and letters he has written to his counsel since the trial began was J ^ under consideration. To put Thaw thoroughly at ease, the commissioners addressed their ques tions to him in a conversational tone and in a casual manner as though he were In conference with them asked him from time to time to explal inci dents in the trial which called forth j certain of the letters placed before the commission bv Thaw’s attorneys. It was said that Thaw answered the ques- ; tions calmly and went into lengthy ex planations of some of the notes he had J addressed to Mr. Delmas while his trial was in progress. These notes and J letters were made a part of the affi- I davit filed by Mr. Delma.s with Justice ! Fitzgerald when Thaw’s counsel were ' opposing the appointment of a com- , mission. Thaw’s explanation was not conclud- j ed today and he will appear again be fore the comission when it meets Sat- being scheduled for and at the same time the taximeter machinery is not working. As soon as the cabman gets a fare he turns down the flag and, if his vehicle still stands a clock inside operates so as to indicate on a dial the amount of time which has passed and the tariff due for it. *-■ When the wheels begin to turn at a speed greater than four miles an hour the clock stops working, but the rev olutions of the wheels start another part of the machine, and the distance and resultant fare are registered on a second dial. A third dial shows whether the first tariff, that is, the tariff for two persons, or the second tariff, which is twice as much, and is for* three or four persons, is in use. They are costly machines, and will be affixed to the top of cabs, where the flags will be plainly visible to all per sons. MOTHER AND BRIDE DUBLIN, Ga., March 28.—-Another chapter in the Dailey-Kitchens run away marriage has been written. Yes- : terday afternoon Prof.'J. A. Dailey ar rived in the city from Sparta, leaving his wife in Hancock County until he could make the necessary arrangements to bring her to Dublin. His mother, who had gone to Atlanta when she dis covered that hed son had been married returned to the city yesterday after noon and this morning returned to At lanta. carrying her son with her. The young man went UfcwUllngly. He received several telegram from Atlan ta yesterday to the effect that his mother was there in a dying condition and that he must come at once. He suspected the trick and would not go. Yesterday afternoon he was reached over a telephone and was informed that his mother was very ill in Dublin. He still refused to go near her. Finally Mrs. Dailey secured Prof. Dailey over the telephone and asked him to come and tell her goodbye and receive her blessing. He decided to do this. Mrs. Dailey never let go her hold upon her son after she had secured him and this morning carried him with her to At lanta. Whether she will be able to keep her son from his wife remains to be seen. She has a strong hold over him. In fact, she recently stated that not more than once or twice in the life of . ______ _ _,__ i the young man had he ever slept other A. PROCTOR DIED FROM j jjj an j n u a rne hed with her. He is SELF-INFLICTED WOUND j about twenty years of age. His wife ~ i has a son sixteen years of age. CINCINNATI. March _S. \\ m. A. i There is much speculation here con- Proctor, president of the Proctor & cerning the outcome of the case. In the Gamble Co., and son of one of the ■ meantime the Dublin Public Schools is firm’s founders, died this afternoon ! without a musical director. Mrs. Dailey form a bullet wound, self-inflicted, at ; is j n Hancock Countv and Prof. Dailey his home in Glendale, a suburb of this ! j s ; n Atlanta with his mother. city. When announcement was made j . of his death it was stated that death 1 resulted suddenly and it did not de- , g|Q RAILROAD STRIKE DANVTLLE, Va., March 28.—For the second time during the past twelve months the town of South Bos ton, located t hirty miles north of Danville, was visited by a disastrous fire this afternoon and tonight. At 9:30 o’clock tonight the fire was re ported to be under control, but only after entailing a loss that Is estimated at between SSOO.OOO and *1.000,000. Almost the entire tobacco section of the town, and a considerable portion of the business section, was devasted by the flames. The heaviest loser; from the fire will probably be the R J. Reynolds Tobacco Company, whose plant it originated. Fire broke out at 2:30 o’clock this afternon in the steam tobacco factory of the Reynolds company and was caused by some mishap to one of the drying machines. In a short time, the building, a four-story brick structure, was in flames. The loss from the building and machinery Is estimated «.t between *25,000 and $30,000. The fire then extended to the storage ware house of the Reynolds company, three-story building, in which was stored hundreds of hogsheads of to bacco, valued at about *100,000 more. The building was worth *5,000. From the Reynolds factories the fire then burned the storage house of the H. A. Thomas Lumber Company, then to the factory of Geo. A. Lea & Co., of Danville, and the storage warehouse of T. B. Johnson, a tobacconist who was a heavy loser In the fire last sum mer. The building occupied by Lea & Co. was valued at aboqt *10,000 and the stock of tobacco between $15,000 and $20,000. In the Johnson factory was stored tobacco valued at fully *50,000. The following other buildings and most of their contents were destroyed: Guilt & Mosely, tobacco prizery; Stebbins. Spragins and Lawson, whole sale grocers: Easley Grocery Company, wholesale grocery: Easley's Tobacco Warehouse; Virginia Bottling Co.; D. B. Patterson’s saloon; Turner’s saloon: Griffin’s Harness Factory; Bank of South Boston, in which building the telephone exchange was located and burned: Johnson & Lloyd’s Dry Goods establishment: Perry Grocery Com pany; Flag’s Warehouse; Star Ware house; J. W. Elliott, groceries; J. L. Neal, dry goods; J. G. Patterson, sa loon; Collins Livery Stables. In adition to the above a large num ber of small houses, including cottages in the negro settlement In the vicinity of the tobacco district burned. No one sustained any injuries in the fire and no railroad property wa3 de stroyed. The Norfolk & Western freight and passenger depot was in danyw, and all of the freight removed from the depot to box cars. This step later proved unnecessary. The fire fighting facilities at South Boston proved very inadequate in com batting with the flames. Shortly after the fire broke out the Danville fire de partment was telegraphed to hold in readiness and shortly after four o’clock left for South Boston, arriving there about an hour later. At this time the flames had gained great headway and but for the arrival of the Danville company it is reported the entire town would have been de stroyed. The South Boston department s a volunteer company and the water pressure ih very low. Only by hard work the fire was kept confined to the south side of Main street. Early tonight the Durham. N. C. fire ■department was telegraphed' for but had just prepared to leave when no tified that their services were not needed. It is said that the loss Is covered by about three-fourths insurance. Soutfi Boston is one of the largest tobacco markets in the country and the ]03s in this respect will be enormous. The big plant of the American Tobac co Company is reported to have been saved. Early last summer a fire in the heart of the town caused a loss'of near ly half a million dollars. J. H. CRUTCHFIELD WILL SHAKE DUST OF STATE ATLANTA. March 2S.—J. H. Crutchfield, the machinery agent who assaulted John Temple Graves on the streets a short time ago, appeared in the City Criminal Court today and en tered a plea of guilty to the charge of assault and battery. Sentence was passed in accordance with a pre viously reached agreement announced in these dispatches yesterday. Crutch field stated that he was desirous of leaving the State and asked the court to make the fine on him as light as possible. Judge Calhoun said he thought it would he a good thing for Crutchfield to get out of the State as there were a good many people here who were not fond of him, and more trouble might result if he remained. He fined him *20 and costs and sen tenced him to serve twelve months on the chaingang, announcing that he would suspend the chaingang sen tence if Crutchfield would leave the State and not return. he sustained under the evidence, on the ground that the forcible expulsion of a passenger from a railway train when he presents a ticket from which coupons have been improperly de tached by another conductor of the company on an earlier portion of the passage, is a tort by breach of duty for which the passenger is entitled to recover. A ticket honestly bought, it is held, entitles the passenger to so much transportation, and if the cou pon? have been wrongfully detached, he has none the less a property right in them and what they represent. Col. Scott Returned From Columbia. ATLANTA, March 2S.—Col. A. J. Scott, assistant adjutant-general, re turned to the city today from Colum bia, S. C., where he went as one of the delegates from Georgia to the meeting of the Interstate National Guard Association. He expressed great satisfaction over the work done at the convention, the principal fea tures of which were the announcement of strong opposition to the militia re serve bills pending before Congres and urgent request of more appropria tions for State troops. Col. Scott considers that the prospects for the advancement of the State troops are growing continually brighter. No Reply From Expert. ATLANTA, March 28.—For some unknown reason the railroad comrnis sion has not yet received any reply from the expert to whom an invita tion was sent more than a week ago, to come to Georgia and inspect the properties of the Georgia Railroad and Banking Company. It is more than likely, however, that he has been ab sent from home and has not received the commission’s letter. A telegram was sent to him today urging an im mediate reply, as the commission is anxious to push the matter to an ear ly completion. Pink Moore and Will Smith Dead. ATLANTA. March 2S.— 1 Ttvo more negroes, Pink Moore and Will Smith, died at the Grady Hospital today as the result of injuries received from the explosion of a carload of dyna mite caps at the Southern Railroad depot yesterday. It was stated that there was no hope for these men when they were taken to the hospi tal. The railroad authorities and the in surance agents are busily engaged to day investigating tbe causes of the ex plosion and the rules and laws as to the handling, of dynamite. There was a fire following the explosion, but the damage had already been done. There some question as to whether any Insurance can be collected. Two Cases of Cheating and Swindling ATLANTA. March 28.—Two cases were decided in the Slate Court of Appeals today having an important bearing on the law of 1S93. which provides that a person who contracis to go into the employment of another, and then procures money or supplies after which he breaks his contract and leaves such employment, with in tent to defraud, shall be deemed guil ty of heating and swindling and pun ishable accordingly. The cases were those of Mulkey vs. the State and Joe Heywood vs. tho State, In bothfof which the defendants were convicted in the lower courts, which convictions the Court of Ap peals has promptly reversed, holding that the act of 1S93 cannot he used as a remedy to enforce the collection of debt or the performance of a contract. The two eases were similar. In tho case of Mulkey. from the City Court of Blakely. It was shown that the de fendant had borrowed $54 from his employer to pay a debt to a former landlord. Ho agreed to work out the amount. He went to work for the man in January and worked until Oc tober. during a period of nine months after which he left to go into some other person's employ. His employer claimed that Mulkey had earned no more than his supplies and advances and had not squared the $54 loan, therefore he prosecuted him and se cured a conviction for cheating and swindling. It cannot be held, according to the Court of Appeals, that there was any intent to defraud in this case. That Mulkey intended to pay the money is shown by his having remained in the constant service of his employer for a period of nine months. It, therefore, becomes a. question simply of an ef fort to collect a debt. This law. in fact, barely escaped being declared unconstitutional. and was upheld solely on the ground that its object was to prevent fraud. In the case of Mulkey it is held that the violation was too remote from the alleged in tention to warrant a conviction. The ■ Court of Appeals goes even further and sa3-s if a man making such a con tract intends to pay when lie makes he cannot be convicted even .If later he forms a new intent and vio- jp lates the contract shamefully. r tomorrow. Good Friday. The Satur day session also will be held behind closed doors. Attorney Delmas was present at the session today, but took no part in the proceedings it wa= said. When the inquiry began he directed Chairman McClure to Mr. Hartridge as the cousel of record was called for. WM. velop till some hours later that he had I shot himself in the head while alone j in the bathroom. Mr. Proctor was j widely known in business circles and l was a prominent layman in the Pro- | testant Episcopal Church, to the insti tutions of which he was a libera! ; giver. | His weatb was estimated at many j millions, most of which had been ; made by himself. He was noted for j IN WEST IMMINENT CHICAGO. March 23.—“The contro versy over a wage scale between the general mangers of the western rail roads and their employes in tne train service cannot be arbitrated and the only way in which a strike can be averted is for the officials of the roads the co-operative scheme for a division | to make terms with the men." of profits with employes which he had 1 This is the- ultimatum issued by the designed for his company. I representatives of the two unions in- vol.ved in the difficulty after a meet- HAMLIN F. LEE DEAD. I ing tonight to consider the action of NEPHEW OF ROBT. E. LEE the railroads in asking the Federal COLORADO SPRINGS. Colo.. March ; Government to endeavor to bring about 23.—Hamlin F. Lee. a veretan of the Mexican and Civil wars, ar.da nephew of General Robert E. Lee died here yesterday of heart failure, aged 37. jttlement by mediation along the I lines provided by the Erdmann act. The general managers tonight for the first time admitted that the situation Although closely related to the southern j is grave. The crisis is intensified by nerti .and a Virginian by birth Mr. i tbe fact that no compromise had been Lee fought with the Union army, the latp seventies Air. Lee went Leadville ard was the discoverer fhs famous Robert E. Lee mine. j effected with the representatives of 15.- 000 locomotive fireman, who are here I negotiating for higher wages and an sight-hour day. LILLIAN DAVIS WILL IE BURIED IN WEDDING GOWN BRISTOL, Tenn., March 2S.—De velopments today lead to the belief that Lillian Davis, who was shot in East Hill cemetery last night, dying an hour later, was assaulted and murdered. Johnson City officials claim that the girl was to have been a witness against a younger brother of Ack Hale, who was with the girl at the time she was shot, in a trial for manslaughter to be called at that place next week. It is reported that the man killed was a brother of the dead Davis girl. Policemen who arrested Hale and have had him in the sweat box, hold to the story of foul play. TVitnesses examined testified at the inquest today to incriminating actions and tonight the authorities agreed to hold a second post mortem examina tion of the girl's body. The inquest was adjourned and the coroner’s physician made the exami nation. of which they reported finding evidence of criminal assault. No signs of powder burns were found. Hale is still in the Bristol, Va.. jail, and owing to intense feeling develop ing tonight, no attempt to transfer him to the Tennessee side will be made at present. He adheres to the story that the young woman shot hre- self. The spot where the shooting oc curred is six feet south of the Vir- ginia-Tennessee State line and as the arrest had been made by Virginia of ficials, all the legal formalties had to be gone over by the Tennessee author ities. Miss Davis is to be buried in the fine wedding gown in which the dead girl was to have been married early in April to a well known coa! mine owner. Governor of Wisconsin in Atlanta. ATLANTA, March 2S.—Gov. James O. Davidson, ex-Senator W. F. Vilas, and others ^constituting the Wisconsin party wfio game to Georgia to investi gate the (Jeorgia marble quarries with a -view toTTSblding whether the Geor gia stone shall be used in th’e con struction of the new Wisconsin capi- tol, called informally on Gov. Ter rell this morning and discussed State matters at length. Members of the party expressed themselves as delight ed with the trip, and while none of them would.commit themselves, there is every reason to believe from what they said that the Georgia marble will receive favorable consideration. In fact it Is stated that if Senator Vilas’ influence in the matter carries the day, the Georgia stone is sure to way Company, from the City Court of win. Depot Wanted at Chalybeate Springs. ATLANTA, March 28.—A party of citizens living at and near Chalybeate Springs, in Meriwether County, ap peared before the State Railroad Com mission today and presented reasons why the Atlanta, Birmingham and At lantic Railroad Company should be required to erect a depot at that point. The commission, after hearing from the citizens, took their view of it and ordered the depot built. Interesting Point Decided, ATLANTA, March 28.—An inter esting point was decided by the State Court of Appeals todav in the case of Moore vs. the Central of Georgia Rail- Atlanta. Moore was traveling on coupon ticket and it so happened that the conductor on one division, tore off the coupon which furnished authority for transportation on the division next following. The result was that when Moore presented his ticket to the second conductor, the proper coupon having been detached, he stopped the train and put him off. Moore brought suit for damages, but the case was nonsuited. The Court of Appeals re verses this finding, holding that Moore is entitled to whatever damages Death of Rev. Dr. J. H. Boyd. ROANOKE, Va., March 28.—Rev. Dr. ,T. H. Boyd, a prominent minlste# in the Baltimore Methodist confer ence for more than thirty years, died here today after an extended illness. At the time of his death he was pas tor of St. James M. E. Church, this city. He was for several years edi tor of the Baltimore Methodist, the church paper, published at Baltimore. He had filled pulpits in many of the leading churches in the conference. 26 PASSENGERS KILLED IN WRECK-100 INJURED Liverpool Cotton Statistics. LIVERPOOL. March 27.—Following are the weekly cotton statistics: Bales. Total sales of ail kinds 28.000 Total sale? of American 24 009 English spinners' takings 50.000 Total export 7.090 imports of all kinds 89.000 Imports of American 83.009 Stock of all kinds 1.248.000 Stock of American 1,137.900 Quantity afloat of all kinds 227.090 Quantity afloat of American.... 166,099 Total sales on speculation 690 Total sales to exporters 2,200 COLTON, Calif., March 28.—A dis astrous wreck on the Southern Pacific occurred one and a half miles east of here late this afternoon when west bound train No. 9 from New Orleans for San Francisco, ran into an open switch. Ten of the fourteen coaches were derailed. Twenty-six persons are known to have been killed and the final list will probably total much high er. The injured number about one hundred. The wrecked coaches were hurled in every direction and four were smashed into splinters. Most of the dead were Italians from New York and New Orleans, going to San Francisco. They occupied the smoker and day coach. Eighteen corpses were brought to Colton this evening and eight additional bodies could be seen underneath one of the de molished cars. This car could not be raised until a derrick was brought from Lis Angeles, sixty miles away. •But two Americans are known to have been killed. Geo. L. Sharp, of Munice Ind.. was Instantly killed. The baggage man of the train whose name has not been ascertained also was kill ed. Engineer Clarence E. AVormington and Fireman Victor Crebb were caught in the wreckage and terribly burned. Out of about 80 Pullman passengers only two sustained serious injury. The three Pullman passengers coaches and the diner, which were on the rear of the train did not leave the track. The Florence Roberts theatrical company SHERIFF BRINGS SHIT AGAINST BiCTRiC CO. Sheriff George B. Robertson has en tered suit in the superior court against the Macon Railway and Light Com pany in the sum of $228. The sheriff gives as grounds for the action, that September 26. 1906, he was approached by J. T. Nyhan, superin tendent of the electric company, who announced that there were strong probabilities of efforts being made by certain unruly and disorderly perepns to wreck and injure the property of the company, and instructed the rfier- iff to ■ employ extra men to protect the company’s property, compensation to the extra men to be paid by the company. The sheriff says, that he, acting up on instructions from the superintend/- ent of the company, employed nine men who gave their time and attention to protecting the company's property for a total of 58 days. He employed the men at $4 per day and a total amount of $228 is due the nine men. He alleges that he has asked the company to settle with the men for ^ . „ their services rendered, and that the occupied one coach, which was hurled 1 company has refused to do so; that the men are looking to him for their pay now. and he asks the court ^ to to the track and both ends of it crush ed in bv impact against the others. Two of the twenty-two members of the com pany were injured. Miss Roberta es caped unhurt. The escape from death of the occupants of this car was re markable. The scenery and properties carried were destroyed. There were three tracks where the ac cident occurred, which is in the open country. The people of Colton were first to be not'fied of the eatasrophe. TOKIO Starch 28.—It was announced Hundred? hurried to the scene and phy- toc ; :1 y that r;en. Kuroki will represent the slcians and nurses were brought to Japanese army at the Jamestown exposl- 6an Bernardino and Colton. tion. award him the sum as petitioned Jpr. The men were alleged to have been empolyed to protect property of the electric company about the beginning; of tbe second strike late last last year. GEN. KUROKI TO REPRESENT JAPAN AT EXPOSITION INDISTINCT PRINT