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TWICEA-WEEK
WEATHER FORECAST FOR GEOR GIA.—FAIR FRIDAY, WARMER IN THE INTERIOR; SATURDAY FAIR LIGHT WINDS, MOSTLY SOUTHWEST.
ESTABLISHED IN ie26.
MACON, GJl, FRIDAY MORNING, MAY 17, 1907.
TWICE-A-WEEK, $1.00 a year.
DR. J. R. HOWERTON, OF N. C Ten Defendants
M Are Involved
WAS ELECTED MODERATOR
Test Vote in Favor of Closer
Eolations of the
Presbyterians
Crying Need of
Foreign Missions
BIRMINGHAM, Ala.. May 16.—Amid
firnina of time-honored doxology,
' Pr-iise God fqm Whom all Blessings
Flow." the fortjr-eoventh ar
iblv • of the Pr
the'United Ftnu
NAILED THE LIBEL
HE SAYS NO JSTIFUI CATION
FOR COMPLAINTS ABOUT BEL
GIANS IN SOUTHERN
MILLS. ■
WASHINGTON*. May 1C.—Baron
Moncheus, the Belgian minister here.
Dealing in Futures in Any
Shape in Georgia
Prohibited
TROY HEARING AT MIAMI
MAKES SLOW PROGRESS
ATLANTA, May 16.—Under the ac
tion of the State court of appeals af
firming today the decision of Fulton
Superior court in the case of Anderson
vs. the State, dealing in future con
tracts in any shape or firm is pro
hibited in Georgia. The decision.in ef
fect. while not passing on its consti
tutionality, sustains the Boykin anti
bucket shop law to the extent of pro
hibiting any subterfuge which may be
devised to -defeat it.
When the ’P-oykin law went into ef
fect Anderson and several others
returned to Washington from a opened establishments which they call-
Ninety Five Per Cent
People Sympathize
With Him
May Continue
Two Days More
era! a I
Church
ern Pre:
at seion i
church v
and vlsll
of Nashv
tile m
to or
by Dr
Vn.
cat. X. C.. 1
: chanter c
tpry of Chr
ideratc
»r. pri
byterian
(South-*
en- | visit to Greenville and Columbia, S. C.,
■ie went to look into the condl-
about 300 Belgians who are
id in the cotton mills there.
:nts had beer, reported to the
Government of the treatment
exchanges where figures or quota-
I tion3> were posted, but anyone wishing
I to enter into a future contract could
I do so- only by sending a personal tele
gram to a point outside the State, the
wire f?c ; lities f:r which were furnish
ed ri-rht nt the board. The money
d cal
was of- j ter
ceor
Jed to thos.-
und teat tt
Dr. J. R. IP
C.. read a less
er of Matthei
Rich- justi.f
u the
th
>*II<
me
rtv eln
Ale
Dr. Howerton
Dr. W. C.
Tenn., and
delivered the opening sermon. Hi - t nt
was from the fourth chapter of Mat
thew, the eighth, ninth and tenth
verses, relating to the temptation of
Christ.
At the conclusion of Dr. Howerton's
sermon. Dr. Hall announced that the
assembly would nroce'-d to elect a mod
erator. The first nomination was that
<if Dr. J. R. Howerton, of Montreal,
N. '■•. D| . \V. M. !'. Alexnnd-r. el X"w
Orleans, and Dr. Russell Ceril. of RVh.
niond. Va.. were also nominated. The
roll was then ealled and the result was
ns follows: Dr. Howerton 34. Dr.
Alexander 20. Dr. Cecil 67. As it re
quired eighty-six votes to elect, an
other ballot was called. The second
ballot resulted: Dr. Howertown S3.
Pr. Alexander 8. Dr. Cecil *6. Dr.
Howe: ton was declared elected and was
escorted to the rostrum. The election
were entirely un-
le of the employes who
> temperamentally unfitted for the
rk. were disc -1is fie 1 ( and were wr
it being : turning to Belgium, but the great ma-
:;>tcd In i j- -rity of the workers were contented
and happily situated. In one case the
workers were all given separate cot
tage" ond plots of ground for the nom
inal rental of $1.30 per -month and in
all ca -es the employers appeared to be
doing all In their power to make the 1-ot
■:t the workers comfortable. The min
ister will make a-n offic’al report to
his Government on the above lines.
by
DUBLIN’S MUNICIPAL
POLITICAL POT BOILING
a rp?
:ardod ns the first r<
vil test of
ength of the oposlng facti
bus in the
tter
of closer relations •.
vlth other
nchr
s of the PresbyteriH
n Church.
Hov
rerton Is n recognize!
! leader of
bra
Dr.
those who favor closer relations.
After Dr. Howerton had ihadc a brief
s pen' h of tteept a nee O. E. t'asseii. of
East Radford. Va„ and A. H. McAra.
of Cheraw, 8. C.. were elected assist
ant • rl‘s. \ d inurnment was then
taken until 3 o'clock. ,
REPORT OF COMMISSION
T OGENERAL ASSEMELY
16.—The
commis-
people.but the minis- i transaction, ihowever, took place in
another office and not in the so-called
exchange. It was thought that this
method would defeat the operations
of the anti-bucket shop law. but the
courts kave decided differently.
Anderson and ten others were indict
ed on two counts, maintaining gaming
houses and violations of the Boykin
!aw. Anderson was tried first, his be
ing a test case, while the other Indict
ments were held up pending a decision
from the appellate court. Anderson was
convicted on both counts and sentenced
to nay a fine of $1,000 and pay the
costs.
The court of appeals in affirming
this dec’s’on holds that the passage
of the Boykin law withdrew all leg
islative sanction that might have been
given dealing in futures as the result
•>f the specific tax put upon that busi
ness in the general tax act. and there
fore any establishment existing in the
State where futures are bought and
sold, even though the contracts are
telegraphed out of the State, Is a gam
ing house, and that the proprietor of
such an etablishmc-nt may he convict
ed of a violation of that section of the
cede prohibiting such establishments.
The court of appeals holds that the
evidence presented at the trial was
sufficient to authorize a verdict of
guilty on both counts in the indict
ment. The court did not pass -on the
“or.tsitutionnlity of the Boykin lav.- as
that question was not raised in the
lower court.
There are nine other defendants
against whom similar indictments
have been found, and who. under the
decision, will have to enter pleas of
guilty. It will then remain for the
court to decide what penalty shall be
imposed upon them.
BIRMINGHAM. Ala.. May
report which the executive
slim of the nlllnncc of the reform »d
churches throughout the world ho’ding
the Presbyterian system w’H make the
gcnral assembly of the Fouta- m Pres
byterian Church which met'here today, j
a is hc'-n made public. The report savs :
that each year it becomes more anrar-
nnt that the Christian Church nt home
cannot furnish sufficient missionaries
for the evangelisation of heathen peo
ples. nor can sufficient Preshyter'ons
he cut fro-- the home land to r-waly
the needs of foreign mission fields.
Three hundred thousand physicians nro
needed at qpce in Chinn, savs 1he re
port The United Presbvterlan Church
has recently hem appealed to to send
over four hundred missionaries for
their field in Ggvnt and India. Equal -
jv great need fo’t In all fnlss'on field 8 .
The ronort rays the only possible way
of meeting the need Is the establish
ment of 'v -II equipped schools, semi
naries, colleges ard hospitals for the
raising up of n unl’ive ministry, native
• cache-s and lint ■ e physicians. As 'o
nome npssions, the report says that all
the chtir< lies arc awakening to a deep©
sense of responsibility for the United
ytates. The report elves
what the churches at
nentnl Kuronc. sayin
mi°n work
The t
»d which
es in our country bv tlic Ro-
'th<
I DUBLIN. Ga„ May 16.—The limit In
! which candidates could 'announce for
municipal office expired with last
night.
j Yesterday morning Mr. J. H. Lord,
j candidate for alderman from the Sec
ond ward on tho Citizen's League
; ticket, retired from the race. It took
several hours for the officers of that
' organization to get h!s consent even
to permit the use of his name. Finally
• lie decided to allow people to vote for
| him if they want to.
i Yesferdav afternoon the supporters
I of the Phillips ticket named the fol-
; lowing gentlemen as candidates for
I executive committeemen:
| First ward. O. G. Sparks: Second
ward. J. M. Finn: Third ward, W. L.
Mason; Fourth ward. L. Q. Stubbs.
Last night the Citizens League deci-
. del not to oppose Messrs. Finn and
: Stubbs, but announced Mr. "W. R. Hud-
i son in opposition to Mr. O- G. Sparks
J Ip the First ward, and Mr. J. W. Car
ter in opposition to Mr. W. -L. Mason
in the Third ward.
The following is the line-up for
Mayor and -Council:
Phillips ticket: For Mayor, 3Y. S.
Phillips: for Aldermen, First ward.
Will B. Cutler; Second ward. Chas. S.
Rowe; Third ward. G. H. Williams;
Fourth ward. J. R. Broadhurst.
Citizen's League ticker: For May
or. J. R. Baggett; for Aldermen. First
ward, J. J. Weaver; Second ward, J.
H. Lord; Third ward. W. O. Ogburn;
; Fourth ward, B. M. Grier.
of The court did not respond and Mr.
Wimberly listened to the State attor
ney. Then the court revoked the form
er ruling by denying the affidavit to
the defense.
This caused much comment in the
court room and tonight on the street.
Dr. H. C. Hood, the second witness,
called, testified to being called Into
the saloon soon after the shooting, and
told of the number of bullet holes
found in the body afterwards at the
undertaker's.’ He testified that he
; found eleven wounds in the body, but
l five only wore bullet entrance wounds,
J the rest being exit wounds, explaining
MIAMI. Fla., May 16.—Joseph Zapf, ' that one bullet went through the
the bartender, resumed the stand this ' ’ cvrist and out and into the bod >'- mak -
— , tt i three holes for one bullet,
morning under cross-examination. He !
under
appeared a reluctant witnes:
A bullet was shown the doctor by
through- j the State and he was asked if it was
‘ * ‘ ‘ * hi the
- , - , didn't
Troy was drunk or sober when he think. so. His answer caused much
came into the saloon?” “Well, he < comment
walked straight enough,” said the wit- !
out the cross-examination. The court j one taken from Newcomb's body
asked Zapf, “Did you notice whether j undertaker's. He replied he
R. D. M. BERRY FELLED. TO
DEATH FROM DIZZY HEIGHT
Fatal Blows Were Delivered!
by Mr. Thomas Battle
Well Known Citizen
| EXILED POTT
tf jjii«#8AS
.1 SlUuUuuhU
U. S. Court Will
Try the Case
ARRIVED IN GALVESTON. TEX.. ON
NORWEGIAN STEAMER MOLINA
YESTERDAY.
Tex.,
ness.
Q—Did he drink all the champagne
in the bottle?
A—I didn’t notice, but the bottle was
empty after the shooting.
Q—Did he get any other liquor
while there?
A—Not that I know of.
Q—Do you know what caused Troy
Otto H. Voss, the third witness,
manager of tho saloon, testified he en
tered the saloon immediately after the
shooting was hoard and found New
comb lying on the floor by the side of
the cigar case. He asked Troy why
be shot him. Ho said Troy answered
“because he called me a son of .”
To which witness replied. "Did you
shoot that boy for a little thing like
to say, I will shoot — out of any one 1 that?" This caused laughter. He was
who bothers me?” I asked in the cross-examination what
A—No, I do not. Troy was doing after the shooting'
By George A. Worley: ; Voss said he was feeling in his satchel
Q—What size was the bottle Troy
ordered?
A—A pint.
The answer to the question asked
about the size of the bottle caused sat
isfaction among Troy's friends as it
was seen the court tried to establish
whether or not Troy was intoxicated
at the time of the shooting.
Afternoon Session.
At the afternoon session the defense
sprung a surprise when it asked the
court that the State submit to the de
fense the sworn affidavit made by
Zapf shortly after the killing. The
State attorney sprung to his feet and
said he didn’t intend to supply the
enomv ammunition.
for somethin
Q—What did you do then?
A—I got out of the way quick.
(Laughter). The cross examination
by the defense began getting severe
towards the close this afternoon. Voss
evaded answering, complaining that
he was an old man, suffering from
heart disease. The court ruled that
the defense was too harsh with the
witness, whom the defense claimed
had been getting wider from the truth.
Ninety-five per cent of the people
sympathize with Troy. Many shook
Troy’s hand during the recess and in
termissions. utter strangers to him.
Some were women.
Troy follows the witnesses closely.
Mi-. Wimberly arose and made an j whispering to the attorney often. He
eloquent plea supporting the request • seems confident that he will ultlmate-
The court granted the ruling, requir- ! ly he freed. The trial will last tontor-
ing the State to submit the affidavit, j row and (probably next day. The ar-
The State attorney arose' and started ■ guments and spats between the eoun-
Mr. D. M. Berry, yesterday
rous. lusty specimen of young man
hood, thirty-two years old, lies
dead at Hart's undertaking estab
lishment, and Mr. Tom Battle, an old
and well wnown citizen, 73 years of
age. is incarcerated in the county Jail
subject to United States Marshal
subject to nited StateUs Commissioner
Erwin’s warrant, sworn -out by United
States Marshal George F. White,
charging Battle with the murder
der'of Berry. Marshal White executed
the warrant, received Battle from the
city authorities and committed him to
jail at 7 o’clock hist night after a coro
ner’s jury had sat in the case and re
turned tho following verdict:
“We, the jury, find the deceased D.
M. Berry came to his death by being
struck on the head with a certain iron
bolt in the hands of Thomas Battle,
breaking his skull and causing him to
fall from the third floor of the Gov
ernment building being constructed, to
the basement of said building, breaking
his neck, and we find from the evi
dence that the same was murder.”
T.'tc United States Marshal took
charge of the prisoner after the ver
dict of the Jury was announced by
reason of the fact that the h-omicide ' from their nos!
occurred on the property ceded bo the ! 'f 5 ? bo r I C s - T'.! 1 '’ 1 ?
Government for the purposes of the I will rallv tc
Frc
6.—Gen
of Hon-
G ALVES TON,
anuel Bonilla, exiled
vigo- | floras, arrived at this port !
Mex.. on the Norwegian :
this morning. The vessel
from ouarantine at noon
proceed to Texas City, frc
the former President will
veston. where he expects
oral days.
Although Gen. Bonilla st
he was in search of his
learned from another eourc
make his way from Gnlves
leans, vwheve he would boa
British Honduras and go
his own country, where be
a on in find enough fo’Iowii
hinwelf into the Presidency
reporter this afternoon hoarc-vt
steamer and through .an interpreter,
ceirod answers to numerous quest!
concerning Central American cor
tions.
President Prmrlla was guarded in mi
of Ills answers, but was outspoken in
defense of Honduras' position in the
cent war. Referring to the recent c,
Diet and ;results, the exiled Presid
Moii
(d today that
A nr
“Hondnr:
. because many of
I to the enemy,
j countries uvmbe-
j with the Hon<
; equipped and bf
j been for the unfa
I country, we wool
was del
about 15.0D
rilled. ’’ Hod
1. the trailer,
-e driven the
and won
o. however.
to address the court when Mr. Wim
berly jumped up and said:
“Does your honor realize that the
State’s counsel is In contempt for not
obeying the court ruling?”
sel for the State and defense consume
much time. The court room is crowd
ed each session. There is a conspicu
ous absence of the relatives of the
deceased.
Government building and that the
homicide was committed on Govern
ment territory, thereby vostlng the
.jurisdiction of the case in the Federal
courts.
It was about 3 o’clock yesterday af
ternoon that Mulberry street was .
thrown into an excited state by the i I
news that a* homicide had occurred
at the Government building. Rumors ; Princeton
flew thick and fast. The first story to | ''pyJ-jnp,. Pm-qa-mt ytoi
become current was that Mr. Tom Bat- j a t,| p ' fn a conf- ’ rntiou
tie had killed a negro. But a. visit to • lean States, with a st:
’he building revealed the fact that the I oroment. stated tnday
dend man was Mr. D. M. Berry, a | bc’tcve that such a vav-
young .and skilled rigger employed m ! si,)I e at the nn sent ti—■
the bn'Ming.
I and my count-.-'
: among the small
"It has hem.
I was driven b
I border nnd-dese
| my country. W
was captured, t
States cruiser
is taken ab
I was tn
and
mtr
stand-ti.
and forth
a WO rtf.
•rt.ad fi'at
fled f.-o m
Uni
Willie fr.'-or-
entrol ,\mc.r-
centraj rnv-
mment w
G.
ES
Guardian’s Richt to Maintain Suit.
ATLANTA. May 16.—In the case of
Griffith vs. Griffith from Butts Supe
rior court, the Supreme court held to
day that the guarian of a minor child
has the right to maintain a suit against
’he window of a man for whose death
da ranges have been obtained, for a_
child’s share fri such estate as may ac-
nrue from the payment of damages.
R. M. Griffith, gntndian of Louisa V.
Griffith, a m'nor, sued Mrs. N. B. Grif
fith for one-fifth of $1,500. that amount
having been paid to her as damages
by the Southern railway 'on account
of the death of her husband. D. Y.,
Griffith, who was the father of the
child. There were four children in
all. and the court holds that the child
by a. former marr'age Is entitled to a
child's portion of the damages.
•hat th
ills of
t contl-
i Bohe-
NEW YORK, May 16.—A wedding of
great interest to army and navy circles
, took place in this city today, when Mrs.
i Mary H. Nicholron, widow of Rear Ad- j
! miral John W. A. Nicholson, became j
I the bride of Gen. James Grant Wilsan. j
j The wedding was celebrated at the •
| home of the bride in West Seventy-
; ninth street and was attended by many
prominent officers of the army and.
navy.
General Wilson, who is now 75 years
Superannuated Ministers Fund.
ATLANTA. May 16.—Much interest
is felt in Atlanta in the announcement
which comes from the Presbyterian
General Assembly now in session at
Birmingham. Ala., to the effect that
the $250,000 fund for the benefit of
superannuated ministers has been
} completed with the exception of $9,000.
i Local interest attaches to the fact that
I Si00.000 of this amount was given by
j Hugh T. Inman, of Atlanta, on condi
tion that the balance of the quarter of
WITNESSES WHO DODGED
THE NEGROES' BULLETS
Testimony in Brownsville
Shoot-up ThatForaker
Cannot Shake
Police Officers
on the Stand
po-t gib e-; a resolution adopt- j o] q nn( j nejln ]y twenty years the senior
h deprecates ' t.ie c.i-M^.n . bride, was married before, his
-- * - - - |
"cution
til"
--.--s are rev-nline- an
'irit ront v nry to
•' true liberty of our land
chu-ch i
•ent We
need upon
there ef-
.-eioping a
-irons and
, „...... whom he married in 1S69.
Church to produce sym- ; lle j ns! . n ynss Cogswell, a descendant of
tholir of France bv j pcter StU yvesant.
Gen. Wilson cas been known as an
anther as well as a soldier. In 1S57 he
went to Chicago and founded the first
literary journal published In the North
west. In 1S62 he was commissioned
major of the Fifteenth Illinois cavalry,
becoming colonel soon afterward. Dur
ing the Presidency of Gen. Grant he
was in charge of social arrangements
at the White House. It is an inter-
opting coincidence that when Gen. Wil
son was a colonel under Gen. Grant
. _ -.Minntnnr onP -' f b! - 8 most intime.te fr’ends was
JIT D R lPJDU!nS , l. ! Admiral Nicholson, the husband of
ft I D.HlJifjaisUuL | Gen - wlIson has
Gen. Wilson is known to Macon. He
m3de the raid across from Columbus
to Macon, capturing this town after
Leo and Johnston had surrendered.
When notified ou: on the Columbus
road by a f.ag of trace from Gen.
Howell Cobb of the collapsed condition
of the Confederacy he refused to be
lieve it, and gave Cobb five minutes to
py the first week,
everai cases of interest to | capitulate,
this term of c-ur:. The ; Tic was
en vs. Bower was called
; the
here again in command of
troops during the Sp-nnish-
an war, ard saved the city from
shot-up by negro troop=.
despite thi
bring him to Justice, he remained at
liberty until last fall, when he walked
into the court room and gave himself
up. He was tried on a charge of mur
der and sentenced to ten years In the
penitentiary. His lawyers moved for
s new tric.i and it wa* granteed. Col.
John R Cooper, of Mac :n. has charge
of the defense, with Col. R. G. Harts-
field. of Bainbr'dge.
The case of Jones vs. the Atlantic
Cvis: Live comes up again at this
term of cou-t. In this cr.*e Mrs Jones
is suing the railroad for J.an.ona for
the death of her husba-d. an engineer
n the rtad. who was killed in a wreck
I-ere two years ago. 'Inn Joe Hi:!
IT : 1. of Macon, has charge of the case
f >- Mrs. h-ws Engineer Jones was a
re idem of Macon.
BED OF LEAGUES
WASHINGTON. May 16.—President
Roosevelt was presented with a solid
gild folding card conferring on him
life membership in the national asso
ciation of professional baseball leagues
! a million be raised through other
j sources. Mr. Inman has already paid
j in a large part of his donation. It is
j stated that Mr. Inman’s liberality has
I stimulated the spirit in other “well to
{ do members of the church, and the
fund has grown rapidly.
Will Take Spuadran to Unveiling.
ATLANTA, May 16.—Grand Marsh
al R. E. Park, of the military parade
which will precede the unveiling of the
Gordon monument on May 25, today
received a letter from Lieut. Col. A.
Goi-dan Casseis of the First Cavalry.
Savannah, stating thtat he would un
dertake to bring a squadron of cavalry
to Atlanta to participate in that pa
geant if provision be made for suply-
ing the horses for their use on that
occasion. The men, he states, will pay
all other expenses in connection with
the trip. Captain Park has taken the
matter up with Governor Terrell and
rome arrangement will undoubtedly be
made by which the horses will be fur
nished. The Chandler Horse Guards,
of Gainesville, another troop of the
First cavalry, are also expected to
take part in the parade.
Error of Ons Million Dollars.
ATLANTA, May 13.—In the state
ment of the total tax returns of the i ^
Southern railway secured yesterday 1
from the office of the comptroller gen
eral, an error of a million dollars was
made, the mistake being due to error
in additions made by Southern railway
j officials who -submitted the returns, as
’ the comptroller general had not at that
time examined them.
The true total returns of the South- I , : .’i
•rn railway fc r ipri? are S14.SS4.923 as
'gainst $14,277.500—for 1906. this year’s
; ’ncrease being $607,423. This is the
. largest increase -shown by any of the
j great railroad systems tf Georgia as
I compared with last year’s returns. The
returns of tr.e other large systems for
1907. as compared with those for 1906,
. sh.rw the following increases. Cen-
| -ra! of Georgia 7427.110: Atlantic Coast
| Line 5147,993: Re.ahoard Air Line $147.-
1990. Most of the increases are due to
| new rolling stock, though in the case
WASHINGTON, May -16.—Two wit
nesses in the Brownsville investigation
before the Senate committee on mili
tary affairs today testified that they
saw negro soldiers shooting up the
Texas town on the night of August 13.
One at these was Lieut. Dominguez,
of the Brownsville police, who received
a bullet through the arm and had his
horse shot from under him trying to
warn citizens of the approach of the
armed men, whom he declared posi
tively to be negro soldiers fram the
garrison, and another was Policeman
Padron. who described a busy quarter
of an hour dodging bullets. He was
also positive that the men doing the
shooting were negro saldiers. Dr.
Chas. H. Thorn, a dentist, testified that
he had i-.eard a group of men firing at
the rear of his house and shouting
commands to each other. He gave as
his judgment that the voiccsT were
those of negroes. F. A. H. Sanborn,
manager o-f the Western Union Tele- ;
graph Company, who occupied a room I
opposite the garrison, testified to see
ing negro soldiers enter the post at
about the time the firing ceased.
Policeman Senaro Padron testified
that he was at the earner :f Washing
ton and Fourthoenth streets shortly
before mildnight and that he saw
soldiers in the alley half a block away
and that they were shooting. He said
I ho could distinguish their uniforms
place to place to escape danger and
finally of taking refuge in an obscure
doorvyay.
The witness was cross-examined by
Sentaor Faraker at some length with
out effecting his story. Dominguez
was also cross-examined by Senator
Foraker, but his story was not changed
in the least
Burelars Destroyed Germs.
ATLANTA, May 16.--Dr. J. H. Pow
ell. a well known specialist who has a
new home at 840 Peachtree street, has
suffered'a peculiar loss at-the hands
of unknown burglats. He was just
preparing to move into the home,
hqv’ing placed much personal property
th.ere, when the burglars did their
work. Besides getting away with
about $500 worth of silverware they
destroyed three dozen cases contain
ing a varied assortment of germs
which Dr. Powell was eultviating for
the purpose of exhibiting to medical
students. Their further depredations
consisted in eating up a couple of jars
of brandied cherries. There is no clue
to thie burglars.
ONE BRIEF SESSION
OF HAYWOOD TRIAL
BOISE, Idaho, May 1G.—During the
one session of the-Haywood trial toady,
eleven talesmen were examined before
a satisfactory jurtr was secured to re
place Won. Van Orsdale, at No. 2, who
was excused yesterday on a perempt
ory challenge from the State. The
defense exercises its first challenge by
relieving Allen Pride, a farmer. Mr.
Pride testified during examination that
he had invited to dinner the deputy
i who served him with a jury summons.
j He and the deputy discussed She ease
; for some time, the talk hinging par
ticularly on Harry Orchard, who is to
?rate.
replace
ferr-
i’.e accompanied Dominguez beck
Thirteenth street and part way to the
alley near the Miller hotel. He said
went no further because Domingu-
Jes
-cemed to increase. One after another.
t0 : the talesmen were excused because of
| strong opinions as to the guilt or in-
j nacence of the accused. One man
««"•“ h "A w-.w-w **-*> SSg &SEWS STSK* S3K
K. OF P. AT EA1NBRIDGE.
Believe He is a "Crock.®
ATLANTA. May 16.—The police ! morning.
believe that in II. L. Hartman, a i
young white man who was sent lo the j MEETING OF GRAND LODGE
tower by Recorder Broyles in default
of a $5,000 bond, under a charge of
burglary, they have a general crock
who has been operating in several
sections of the country. He was ar
rested in his room at 49 J ,t East Ala-
wit,.; the privilege of admission to ail j of the Central of Georgia it is in part) hama street where the police found a
tr.e games played by the clubs com- I attributable to new mileage. lot of electrical supplies and other
prising the association. The card is j Comptroller Gor.eral V-'right thinks 1 goods supposed to have been stolen,
of the regulation baseball ticket shape.
cross the alley. H? told of seeing ne
gro soldiers rush out and fire at Dom
inguez and foilow him some distance
down Four.’heenth. street. He did not
see Dominguez when his horse was
shot from under him as the men saw
him, (P.adron), and started firing at
aim. Padron told of running from
diced against the State because of va
rious acts attributed to the prosecution
during the last year. Each side still
has nine peremptory challenges to ex
ercise and there remn-'r.- fifty-seven
memebere of the special venire. The
morning session was abandoned be
cause of the funeral of Former Judge
Edward Nugent, of the district court.
The examination of the prospective
jurors will be continued tomorrow witness
'Hondurn
S. , . , , speh a union r
killing as Told by Witnesses. | the cow m: of
i As soon as Coroner Young arrived ; San Salvador.
| upon the scene, he took charge of the ! and the plan
j body of Berry, and had it conveyed to .
i the undertaking establishment of Jesso ]
! R. Hart, on Mulberry street, where the ;
j jury was empaneled for the purpose, j
held an inquest at 5 o’clock. I
The first witness introduced was B. !
J. Hunt, a workman on the building, |
and his evidence proved the most im- j
portant qf the long list of witnesses | bv t;
testifying to the occurrence. ! don
Mr. Hunt, upon being sworn
“About 3 o’clock I went to the su
perintendent and asked if I.may take
some of Mr.- Battle’s men over to help
move a boom. I went up and Battle
in the meantime had come up on the
elevator ana had walked down about
that place. (Witness meaning the
place where Berry 'was working.) I
walked over In the corner and was
talking to several of the brick layers
and laborers: Battie came back by the
place arid he stopped and looked- at
Mr. Berry I happened to be looking
in that direction at the time and saw
him stop deliberately over Barry and
he loked at him and said something.
Berry Underneath.
“Mr. Berry was down underneath
hanging on to ropes with one hand.
He was in a very dangerous place at
any stage of the game, even if nobody
had interfered with him.
“Mr. Battle said something and I
finally heard the word^, ‘son of a ’
from Battle, but never did I hear it
from Berry. I heard Battle Say: ‘Well.
you are a son of a if you say I
am one.’ I says what is the trouble
over there? I was on the other side
of the boom and I jumped across and
as I jumped across Mr. Berry started
to get up, and as he got up Battle
made a'joog at him with something, a
stick, or rake or hoe, I don't know
what it was.
“Berry raised himself up and he got
on his hands and knees, (witness il
lustrated Eerry's position), and ho was
trying to get up on his feet, when
Battie grabbed th* big iron bolt.
(witness identified the iron bolt, one
inch In dfameter and two feet in
length) and struck Berry twice over
the head with it and then gave Berry
a push. .
Battle Didn’t Realize.
“I don't think Battie realized what
he was doing when ho pushed Berry,
beeauae as he pushed him and he saw
that tho man was falling. I saw Battle
make a grab with his left hand as
though he tried to catch Berry—but
Berry was gone.
"Battle struck Berry on the head
twice. Battle then said to me. 'Did
you hear him call me a son of a ?'
Do you blame me for doing it?” Wit
ness said ho made a response to this
repulsing Battle.
Mr. Powell, foreman of the jury,
asked the witness if ho knew anything
about the origin of tho difficulty. To
which the witness replied that all he
knew was what Mr. Berry had told
him.
Continuing, the witness said: “Ber
ry told me right after dinner that that
old scoundrel, (moaning Battle) has
been after me again and he had better i ^
let me alone, because I ain't going to
stand any' jamming from him.” This
Berry told me, concluded the
nd made
Niearag
Co
n and
These e.o,:atries refused
a dropped. At that lime
Nicaragua was ruled by (ho Conservative
ejomont. hut row 'Zelaya is a
Liberal and would like lo f -nn such a
union with himself is President. Sycb
a union can never beformed by force of
arms, but must be aeCeptc.l. pencefullv
and conditions are not rim; for the move
ment.”
When told of the rumor of a prenosed
" etorate over Central \n-criean States
‘ted States end Mexico Presl-
la stated that It was the first
;a. I ho had heard of it. and that ho did not
credit it.
Upon being Interrogated witness
.stated that Mr. Berry’s head was up
about even with the floor when Battle
struck him.
J. W. Magln, superintending the
construction of the bulidin-. ratified:
“Sometime shortly after noon I went
into tho building and had occasion to
censure Mr. Battle about a matter.
Mr. Battle tried to place the blame on
Mr. Bery and I told Mr. Battle to at
tend to .his own business. I remained
on that t! or about five minutes, and I
had sent Mr. Battle down to the first
floor and ■ he had come back. I was
facing the rear of the building and
when I turned around I saw Mr. Battle
come up with a small stick in his hand
and he made some remark bo Mr. Ber
ry. I don’t know what the remark
was, as I could not understand it.
“I says, 'what is the matter with you
Tom,’ and he says Tm going to hit
j that fellow.’ I says, ‘no, you go on and
I attend to your business. I don't want
any more fooling of you here.’
“He then Went below and I supposed--
everything was over, and T had n.o Idea
there was any friction between them !
otherwise than a slight quarrel.
• “I went to the office and I suppose
it was haif or three-puarter.s of an
hour when I hoard the cry raised from
t,he upper portion of tho building. Tho
people calling to me and I went over
end found Mr. •Berry dead.”
Grand Jury’s Investigation Saturday.
Battle will be arraigned before the
United States grand jurv Saturday,
and in the event an indictment is
found against hinr.'he will he tried be
fore Judge Speer within a week's time.
The Government is quick in handling
such cases and Battle will not be kept
very long from knowing his fate.
thi
raph
tie of
Homo Missionary Meeting.
DOTHAN. Ala., May 19.—A number
f b-b rates are here for the eighth
nnual sesTon of t :e Alabama con-
•rence of the Woman's Home Mis ion
o.-’ety. The formal opening takes
lice this evening and th:- conference
•ill remain in session until Mrnd.ay.
n-T.tia’ sermon will be preached
unday morning by Dr John A. Pe
rson
has the President’s plao
graved in enameled gold
presentation and tie names of ns
many of the cities as there was room
for. The committee making the pre
sentation nerei'.ga.e-fi- Pred esmlnmd
sentatlon consisted of R. T. Powers, of
New York: Eugene F. Burt.. of San
Fransisco: J H Fame!!, of Auburn. X.
Y„ and M J. Regan, of Boston. Mr.
Farrell made the presentation speech.
The President expressed his warm
thanks and said he re;
of baseball the typica
door sport: that he was particu!
interested in it because men -of m'ddie
age could participate in it and that the
game always had his good wishes, as
•had every other outdoor sport.
returns ought to be much larger I Hartman declares the property is his
I than these. In the case of the South- own and refuses to discuss his case,
ern. for instance, be says Poor's Man- or to close anything of his former
I ual shows tbe entire system earned career.
$2,060 per mile net lost year. The Temporary Injunction.
Georgia mil"age is 927. Capitalizing j ATLANTA. May 15.—The Farrell
, the net earnings at R per cent, the j Plumbing Company today secured a
property is worth J34.0 n 0 per mile. I temporary Injunction from the Supe-
Therefore he considers the total value [ rior Court restraining the city of At-
of the Southern's property in Georgia I lanta and its plumbing inspector from
should be $31.51$ 009, and other roads further interfering with any of its'em-
in proportion B-t even taking the i p’oyes until the final hearing of the
net enrn:n~s as estimated in Georgia, \ case oh May IS This action was tak-
arded tie game j shown by the railroad commission’s re- i en as the result of the arrest by the i
American out- • port at $1,395 per mile, the total val- j city authorises of two of the corn- ' .-
untica of the system’s property in
Georgia on a 6 per cent basis would
be $21,552,750. Tbe indications are
that all the big systems will be asked :
to increase their returns.
com
pany's plumbers who were fined in
Recorder's Court on the charge of rot
having licenses. The company claims
it has fully complied with thie ordi
nance.
j BAINBRIDGE, Ga.. May is.—Pro-
: portions for the entertainment of the
j Grand Lodge of Knigh's of Pythias are
; about complete. Homes have been se-
j cured for ail the delegates and tho
. other arrangements have been cem-
■ pieted.
j Fully 590 Kmghts are e.xcected to be
h-ro on the 20th, 21-t and 22d. This
. will be the first large convention of
( any kind ever held in 'Bainbridge, and
l the people of the town are united in
their efforts to make the occasion
success. Qu'te a number of pleasure
I excursions have been arranged fer the
i entertainment of the visiting Knights, j hi
j Among them are a t-ip ro the tobacco j m
| p'cn’ations of A. Cohn & Co. at Am-
: sterdam’, a boat trip down the river,
and several shorter trips to places of
inrercB: near the city. Genera] man-
J. C. O'Dell of the G. F. & A.
has tendered n. special train to the
Knights for a trip tc Ta'lnhassee, Fia.
Stops wifi be made at all pieces of in
terest between here and the Florida
Capital,
Wounds in Hoad Fatal.
Dr. Little, who made an examination
of the body, testified that he had found
the back of the head crushed and the
reck broken, and that the wounds in
the head could have been caused h
anv blunt Instrument, a
Duncan Monroe Berry was 32 years
of age, and leaves a 'wife, formerly
Miss Della Fertle, of Plant City, Fla.,
whom lie was married to December 26,
last. He also leaves a father, Joseph
Berry, and mother, two brothers and
three sisters, all residing at Latta.
X. C.
He formerly r'-rided In Fitzgerald,
but came to Macon only a few weeks
ago from Jacksonville, F!a„ where he
was employed by the Cummer Lumber
Company. The couple resided at the
corner of Fourth and Walnut streets,
and living with them was the mother
of Mrs. Berry.
Mr. Berry depended solely upon
what he earned for a livelihood, and
leaving no insurance upon his life, the
d yesterday that she was left
in destitute circumstances.
Mr. Berry bore a good reputation,
and judging from the expressions from
many of hi" associates in the con
struction of the Government building,
he was universally liked and respected.
The deceased’s father has been no
tified cf the death and will probably
arrive in Macon some time during to-
Thornas .Tame
•d
hen the funeral arrangements
the"--, j will be arranged.
ffieiont without the j Tcm Battle’s Statement,
neck to cause death. I Tom Battle is one of the oldest men
a negro laborer, was I of Macon. He is now 73 years old, and
witness to testify. James ] yet has the appearance of a man not
know more of the affair ! much past 59. Kis life has been spent
ired to tell, and it was with J in Macon, with the exception of a few
ome difficulty that the jury gained years in Savannah. During the war
nv of bis testimony. he was one of the employes of the
He testified: ’ | Confederate States in making ammu-
“I was mixing mortar on the third j nition.
onr of the buT-'ing. Mr. Battie came j To the officer making the arrest he
n to me and tried to wring a. shovel | said:
u t of mv hands on! T wouldn’t let i "I believe the man was drunk. Sev-
irn have’it. Then Mr. Battle grabbed i oral times during the morning he was
nd jopgde Mr. Berry three i hacking me, hut I kept below' working
than hi
hands. Y.'hen I went up to the
second story to carry some hands so as
to finish a piece of work, he cursed me.
calling me a and came toward
me with an iron wrench about this
long (indicating a length with his
hands of about eighteen inches) to hit
me with it. He loat his footing—I be-
“I heard him striking the beams as ! Iieve he was drunk—and fell. That la
. follr,o.” * is tO it” ■
times and then Mr. Battle grabbed one
of the bolts and struck Mr. Berry
across tbe head. Mr. Battle struck
him with the bolt about three times.
“After Mr. Battle struck Mr. Berr' - .
the latter fell backward and I turned
rry back on him. ’cause I know’d he’d
go
he was fading.’
INDISTINCT PRINT