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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