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THE MORNING NEWS. /
Established 1850. - Incorporated 1888 >
J. H. ESTILL. President. *
BY THE SENATORS
IN THE REED SMOOT CASE.
EVIDENCE REGARDING THE
Editor of tile Christian Advocate
Testified He Had Heard President
Joseph Smith Declare He Would
Not Put Aside His Plural Wives.
Reynolds Was Heard Upon His
Clinrch's Attitude It Clin riling
Marriage—A Little Fun Offered.
Washington. Dec. 12.—Three wit
nesses were heard to-day in the case
of Senator Reed Smoot before the Sen
ate Committee on Privileges and
Elections, the committee resuming Us
investigation after a long recess.
The first witness was Rev. J. M.
Buckley, editor of the Christian Advo
cate of New York, who told of a Mor
mon meeting he attended in Salt Lake,
Utah, last summer in which President
Joseph Smith declared he would not
give up his plural wives.
George Reynolds, a high official of
the church, testified in regard to cere
monies that have taken place in the
Endowment House and concerning ec
clesiastical divorces granted by the
church, and John Henry Hamlin told
of the plural marriage of his sister,
Lillian Hamlin, to Apostle Abram
Cannon, which ceremony, he said, he
understood to have, been performed by
President Smith since the manifesto
Most of the testimony related to 4 he
inside church policy, but did not con
nect Senator Smoot with any of the
alleged violations of state or national
Dr. Buckley told of a speech of
President Smith on the subject of
marriage. The witness said that
President Smith declared that the
mothers of his own children had been
given him by God and were saints of
God. Dr. Buckley said President
Smith defended the Mormon marriage
and declared that polygamy was not
adultery, but was a system of mar
riage. President Smith was quoted by
the witness as saying that he could
not give up any of his wives.
Marriages With Dead Persons.
In answer to questions by Senator
Overman, Mr. Reynolds said marriages
•were performed with dead persons in
the Endowment House.
Mr. Tayler then asked if divorces
were granted in the Endowment House.
“The church grants divorces to those
who have been married for time and
eternity, but does not divorce legal
marriages until the courts have act
ed,” said Mr. Reynolds. “Plural mar
riages are not recognized by courts
and therefore the church does not con
sult the court in granting divorces In
cases of such marriages.”
Senator Foraker asked if such di
vorces are granted from dead per
“In a few instances only, I should
say,” said the witness.
"For something done after death or
before?" the Senator asked.
“In life time.”
"Is the dead person given an oppor
tunity to be heard?” the senator ask
No sir. it is because such cases are
held to be unjust to the dead accus
ed, that so few divorces of this kind
are granted,” said the witness.
“Is any one appointed to defend the
“Never, but the complainant is giv
en a hearing if satisfactory evidence
is furnished to the church.”
Personally n Polygamist.
Mr. Reynolds testified that the pres
ident of the church always had had
the authority to issue ecclesiastical di
Mr. Tayler showed the witness a
Contract ot separation between George
and Ellen Watson, which Mr. Rey
nolds acknowledged he executed in
1897. He stated that he does not know
now whether the marriage he dissolved
was a plural one or not.
“Are you a polygamist?” Mr. Tayler
"Yes, sir,” answered Mr. Reynolds.
“Have you any children married in
‘T believe so; one daughter.”
Mr. Reynolds testified that he has
Mr. Reynolds gave the names of the
seven presidents of the "seventies” of
which he is the fourth in rank. He tes
tified that three of the seven were po
Senator Dubois asked: “You have
two wives now. I believe, Mr. Rey
nolds, your first wife being dead?”
“If vou were to marry another wom
an to-morrow which would be your le
“The one last married.”
“Would not that be adultery?”
“It would be If I continued to live
as the husband of the other women,
but I do not sustain such relations with
more than one.”
Didn’t Disturb Hls Relations. •
Mr. Reynolds said he understood that
the manifesto of 1890 permitted him
to live with his plural wives without
violating the laws, but that no further
wives could be contracted. Despite
this testimony It was brought out that
the witness has had children by two
•wives since the manifesto of 1890 and
he acknowledged the truthfulness of
In answer to questions by Senator
M(’Comas Mr. Reynolds said he had
never preached against polygamy nor
had he tried to get others to do so.
Mr. Reynolds said he did not know
of any effort made by any officials
of the church to carry out provisions
of the Woodruff manifesto putting an
end to polygamy.
Mr. Reynolds said that 'he was one
of the advisers who aided in perfect
ing the Woodruff manifesto, which was
first submitted In President W’oodruff's
handwriting. He testified that the
committee had revised the manifesto.
"I believe the manifesto Is said to
have been Inspired?" asked Chairman
"It was a revelation from tbs Al
And you changed It?”
"Not tha meaning."
"You Just changed the phraseology?"
Than as I understand It,” said Ben
ator Burrows, "whan this revelation
rams from tha Almighty, tha gram
mar was bad and you corrected ft?”
„ The wltneea aald tha phraseology
Continued on fifth Rage.
AGAINST WESTERN UNION
Wns the Court’s Decision in the
Penn. It. R. Case.
Washington, Dec. 12. —The Supreme
Court of the United States to-day de
cided the case of the Western Union
Telegraph Company vs. the Pennsyl
vania Railroad Company, involving
the right of the railroad company to
remove the telegraph company's poles
from its right of way, in favor of the
The opinion was handed down by
Justice McKenna. In the decision the
court held that the congressional act
of 1866, which controlled in the case,
does not grant eminent domain to tele
graph companies over the private
property of railroad companies.
Justice McKenna's decision followed
precedent of the Pensacola and other
cases decided many years ago by the
Supreme Court. He refused to adopt
argument of the telegraph company’s
counsel tending to the conclusion that
railroad right of way is public prop
erty. “It has always been recognized,”
continues the opinion, “that a railroad
right of way is so far private prop
erty as to be entitled to that provi
sion of the constitution which forbids
its taking, except under the power of
eminent domain and upon payment of
compensation. The right of way of
a railroad was recognized as private
property in the Pensacola case.”
Justice Harlan delivered a dissent
ing opinion, holding that the act of
1866 gives to telegraph companies the
unequivocal right to construct and
operate lines not only upon the pub
lic domain, but along any post road
of the United States, and he contended
that if to-day’s decision was to stand
the United States government could
not itself enter upon the rights of way
of railroad, companies.
The Supreme Court also decided the
case of the Western Union Telegraph
Company vs. the Pennsylvania Rail
road Company involving the right of
the telegraph company to condemn a
part of the railroad’s right of way in
Western Pennsylvania and appropriate
it for Us lines, In opposition to the
telegraph company’s contentions.
This is a second case in the con
troversy between these companies.
This case was decided against the
telegraph company, the court denying
the contention of counsel for the West
ern Union that it had the right to
maintain its lines over the railroad
company’s right of way upon making
compensation, so long as such use did
not interfere with travel on the rail
WILL NOT SHARE
WITH THE NEGRO.
Vardanian Soya White* Will Hold
Jackson, Miss., Dec. 12.—Gov. Vard
aman to-day made the opening speech
at the Cotton and Corn Carnival, and
after welcoming the visitors, branched
off into politics and made a very sen
sational utterance. In touching on the
attitude that Southern representatives
should assume in their fight against
the reduction of Southern representa
tion, the Governor said:
"And instead of going to the Con
gress of the United State* and saying
that there is no distinction made in
Mississippi because of color or pre
vious condition of servitude, tell the
truth and say this:
“ ‘We tried for many years to live
In Mississippi and share sovereignty
and dominion with the negrro, and we
saw our institutions crumbling, we
saw the public funds squandered, we
saw the civilization that our forefath
ers had fought for passing away, and
the law of self-preservation being the
first law, we observed It, we rose in
the majesty and highest type of An
glo-Saxon manhood and took the reins
of government out of the hands of the
carpet bagger, and negro, and, so help
us God, from now on we will never
share any sovereignty or dominion with
him again.’ ”
The remarks of the Governor have
created a sensation. They are diamet
rically opposed to the views of the mi
nority leader, Congressman John Sharp
William* of this district.
MADE OVER TO FIANCEE
CLAIM FOR $500,000.
Capt. Drain of Confederate Navy
Fame, Resigns a Fortune.
Atlanta, Dec. 12.—Capt. John C.
Brain of the Confederate navy to-day
executed a paper before Ordinary John
R. Wilkinson, by which he makes over
to Miss Elizabeth Plews of Durham,
England, $500,000, part of a fortune of
$4,000,000, which is said to have been
left him by English relatives, but of
which he has not secured possession.
Capt. Brain expects to marry Miss
Plews, who is at. present in Atlanta,
and it is said the wedding will take
place about Dec. 20. He is an English
man by birth and was mustered into
the Confederate service us a naval
lieutenant at St. Johns, N. F., In 1862.
With men dressed as private citizens
and passengers, he captured the steam
ship Chesapeake, sailing from New
York, and later the steamship Ber
muda, sailing from Havana.
Capt. Brain refused to discuss the
matter when approached to-day.
ROOSEVELT will NOf
VISIT ATLANTA IN MAY.
At That Tima Texan Will lie HU
Atlanta, Dec. 12.—President Roose
velt has declined Atlanta’s Invitation,
extended through President Maddox of
the Chamber of Commerce, to visit this
city next May. In hls letter the Pres
ident states that hs will, at that time,
visit only Texas, going probably by
way of Indian Territory. Later on, he
euys, he expects to visit Atlanta and
has promised. If possible, to become
the guest of Henator Clay at Marietta,
from where hs propose* to go to visit
hls mother's home at Koeweli.
• nlly'e Ssets told.
New York, Dec 12.—The four eeate
on the Cotton Exchange held by Daniel
J. Bully A Cos were suctioned off to
day on the floor of the exchange for
$40,190 The three seats held In the
name of Daniel J. Bully were sold for
CARNEGIE NOW DEVELOPS
SEVERE CASE OF LUMBAGO.
Decides He Doesn’t Want to Go to Cleveland to Appear in the Case Against
Mrs. Chadwick .
TRIP TO CLEVELAND
HAS TERROR FOR
MAN WHO CROSSES OCEAN
FREQUENTLY WITHOUT SEEMING
TO DE GREATLY WORRIED.
New York, Dec. 12. —A subpoena was
served on Andrew Carnegie at his
home in this city to-day, calling upon
him to go to Cleveland, 0., on Wed
nesday and testify in the case of Mrs.
Cassle L. Chadwick. The summons
was issued by Judge Francis J. Wing
of the United States District Court of
the Northern district of Ohio and was
accepted willingly by Mr. Carnegie.
Mr. Carnegie was annoyed, however,
when he discovered that the summons
required h*m to make the trip to
“What,” he cried, when he saw that
it required his presence in Cleveland.
"Why, X don’t think I will be able to
go out there at all. I’ve got lumbago.
Do you mean to say that I’ll have
to be out In Cleveland on Wednesday
then come back here to appear before
Commissioner Shields on Saturday?"
It was said at the residence of An
drew Carnegie to-night that he would
be unable to go to Cleveland to testi
fy In the Chadwick case owing to ill
ness. Mr. Carnegie is indisposed with
an attack of lumbago, and his physi
cian is of the opinion that it would
not be advisable for Mr. Carnegie to
take the trip.
One of Mr. Carnegie’s secretaries
said to-night that satisfactory ar
rangements have been made to that
end with the United States district
attorney, H. L. Burnett.
WAS OVERWHELMED BY
NEWS OF INDICTMENTS.
It !■ Believed She Want* to Return
New York, Deo. 12.—Mr*. Cassle L.
Chadwick was overwhelmed by the
developments of her case in Cleve
land to-day, and the statement was
made by one close to her that she
probably would give up the fight ’here
and return to Cleveland to-morrow
night In the custody of United States
officers. She did not anticipate the
double Indictment which was found
against her by the Cuyahoga county
grand Jury after the failure of the
Lorain county grand jury to find prob
able cause of action.
Mrs. Chadwick Is of the opinion that
if she must face the charges, she will
be far better off In her home city of
Cleveland than in New York. It Is
known that her counsel have strongly
advised against this course of proce
dure, but Mrs. Chadwick Insists that
she be given free rein.
An important move In the Chadwick
case to-day was a hurried conference
of her counsel with Lawyer George
Ryall, representing Banker Herbert
D. Newton of Brookline, Mass., and
Mrs. Chadwick at tombs. Mrs.
Chadwick had previously received
what was believed to toe a cablegram
from her husband In Europe. At the
conclusion of the conference, Mr. Ryall
said he again had hopes that Mr.
Newton’s claim would be paid.
Mrs. Chadwick appears to be enjoy
ing the best of health now and says
she will be in good condition to meet
the legal complications in Cleveland.
DISPLAYED IN COURT.
Nan Patterson’s Attorney Objected
to Its Being There.
New York, Dec. 12.—A headless hu
man skeleton, dorsal vertebrae and
ribs played on important part in the
trial of Nan Patterson for the mur
der of "Caesar” Young to-day. The
gruesome exhibition was made use of
in the examination of Dr. Philip An
ton, the coroner’s physician who per
formed the autopsy on Young's body.
Miss Patterson’s counsel protested
against the use of the skeleton, assert
ing that it did not compare correctly
with the structure of the dead body,
but hls objections were overruled.
The skeleton was used to decide the
course of the bullet after ll entered
Young’s body. The prosecution con
tended that It had gone straight to th
spine, which the state’s lawyers be
lieved proved that Young did not kill
Assuming that Young, with the pis
tol In hls right hand, had crosssd It
over to hls chest and shot Into his
left side, the prosecution contended
that the bullet would have traveled
to the left. The fact that tt flew
straight inwards to the eplne was ad
vanced ae proving that the wound was
Justice Davis said from tha benoh
that a groaa impropriety had been com
mitted by s local newspaper In pub
lishing what purportsd to be the viewe
of the wlvee of the jurore concerning
the ease. H* cautioned the Jurors
not to discuss the testimony, even tn
their own families.
Merlon Will Remain.
Washington, Dee. l$ -President
Roosevelt announced to-day that Bor.
rotary Merton, at hie earnest rogues*,
had consented to remain tn the cabinet
s/ter March 4, as Beuretary of the
SAVANNAH. GAt. TUESDAY. DECEMBER 13. 1904.
FORGERY IS THE CHARGE.
HKVJOLDS TELLS HOW JIIK WOM
AN FUOLCD HIM.
Cleveland, 0.. Dec. 12.—Trouble for
Mrs. Cassle L. Chadwick Increased at
a rapid rate to-day. She was twice In
dicted by the grand jury of Cuyahoga
county, and her old time friend Xri
Reynolds took the stand In court and
made evident his intention to shield
and protect her no longer.
The aged secretary of the Wade
Park Bank presented a pathetic pic
ture as he answered question after
question which brought out his own
implicit faith in the woman whose
financial transactions have well nigh
ruined him in fortune, and caused him
such infinite trouble. He gave evi
dence that he still believes his trust
was justified. Only one query he at
tempted to evade. This was when he
was asked how much of his personal
estate had passed into the possession
of Mrs. Chadwick. His eyes filled and
he requested that he be excused from
answering. The question was not
The formal indictments voted against
Mrs. Chadwick this afternoon are
based, one upon the Carnegie note for
$250,000, which was made payable at
the office of Andrew Carnegie in New
York city, and the other upon the Car
negie note for $500,000, which was pay
able at the National Bank of Com
merce in New York. Under each in
dictment are two counts, one charging
forgery, the other uttering of forged
Information of the indictments was
at once wired to New York by County
Prosecutor Keeler, and he requested
that Mrs. Chadwick be immediately re
arrested if she secured bail on the oth
er charge* hanging over her.
What She 'ftilil Reynolds.
The examination of Iri Reynolds,
treasurer and secpetary of the Wade
Park Bank, befora Referee Remington
in the bankruptcy court to-day failed
to disclose any asset that might be
secured by Receiver Loeser, appointed
by the federal court, but brought from
Mr. Reynolds, in reply to questions,
the following answer:
“She told me she was the illegiti
mate daughter of Andrew Carnegie.”
Later, Mr. Reynolds, In detailing his
transactions with Mrs. Chadwick,
“In all my transactions with Mrs.
Chadwick I believe from what she told
me that Andrew Carnegie was backing
her and all her indebtedness would be
He then added: “And I have not
had anything yet to make me doubt
In detailing how he came into pos
session of the $5,000,000 note bearing
the name of Andrew Carnegie, he said:
How He Got the “Seenrltlei.”
“Mrs. Chadwick called me to her
house and said she wished to Intrust
to me securities. She said she had
been advised to place them in the pos
session of a third party, and she want
ed me to take care of them.”
This was the package that was open
ed last Friday night in the presence
of Mr. Reynolds and Attorney Stearn
by Attorney Andrew Squire. The
package was produced in court and
Mr. Reynolds identified the CaYnegie
note, the mortgage deed and the
copies of an alleged trust agreement.
Continuing the witness said. “She
then handed me a paper to sign.” This
paper the witness did not have with
him, but as near as he could remem
ber, it read: “I certify that I hold
in trust for Mrs. Cassie L. Chadwick
securities and a note for $5,000,000."
Mr. Reynolds would not swear to the
wording, but It was to that effect. The
note was not indorsed, but he had
no doubt that the alleged maker of
the note was back of the woman. The
contents of the package were Indenti
fled separately by Mr. Reynolds, and
at the request of the examining coun
sel he marked each paper as an ex
Asked as to other transactions Mr.
Mow She Got gl 2,000.
“There is one. It is a little banking
secret, but I’m willing to tell all. She
came to me, I think it was in 1904, and
said she had a $12,000 paper payable at
the Prudential Trust Company. If I
would let her have the money she would
put up United States Steel Corporation
bonds in the morning as collateral.
"I consulted my committee and with
•their consent I loaned her the money.
The next day she brought a package
which she said contained $200,000 la
United States Steel bonds and a $250,-
00(T certificate, which I was to hold In
trust for her under the same conditions
as the previous package. I held these
until a month ago when In the presence
of several gentlemen they were opened.
It was about the time Mr. Newton be
gan his suit. They contained bonds all
right, but they were not steel bonds.”
When asked what they were, Mr.
"There were five $l,OOO bonds of the
Home Telegraph Company of Niagara,
N. Y., and six certificates of the Buck
eye Fish Company.’’
Once (Mlrretl lllhi Aid.
At on* time she had mads a written
statement, he said, to his committee
that she had over two millions Iri bonds
In the safety deposit vaults In the
Wads Park Hank.
He had read the trust agreement,
but had never seen the signature. Mrs.
Chadwb k had told him the original
was In the package he held. He con
fidently believed everything would be
paid, up to a week ago, and had no
suspicion of anything wrong until a
few days before Newton brought his
“ghe has fooled see and many men
Continued on Fifth Pago
TO BE IN STRAITS
DOESN’T LOOK LIKE A MAN
WHOSE WIFE HAD SETTLED MIL
LIONS UPON HIM.
Paris, Dec. 12.—Dr. Leroy 8. Chad
wick of Cleveland. Ohio, whose wife,
Cassle L. Chadwick, is held a prisoner
in New York, charged with frauds of
a financial nature, has been living here
quietly for some time, occupying quar
ters In a hotel in the center of Purls,
but owing to the notoriety of his wife’s
affairs, he has observed the greatest
Dr. Chadwick is somewhat beyond
middle age. He has not the appear
ance of a person accustomed to afflu
ent surroundings. He frequently re
iterates his desire to avoid attract
ing attention, mainly on account of
his daughter, a prepossessing girl of
19, by his former wife, who is with
him. The Associated Press corres
pondent talked for an hour with Dr.
“It is most unpleasant to me,” Dr.
Chadwick said, “to be Interviewed un
der the present circumstances. It was
an extreme shock to me when I saw
the newspaper reports concerning the
case. I learn every day new features
about the affair which I never knew
“Do 1 Look Like Itf”
"There is no truth in the report that
Mrs. Chadwick settled a large sum
on me. Do I look like a man of mil
lions?” Dr. Chadwick called attention
to his appearance as he uttered his
remark, saying: “Any one would be
able to see that I am not a man who
had received millions from hts wife.”
Asked concerning reports that Mrs.
Chadwick is in reality Lydia DeVere,
he answered: "The first time that over
I heard the name of Madame DeVere
in this connection was when I saw it
recently in the papers.”
Questioned upon the financial aspects
of his wife’s affairs, Dr. Chadwick re
“The financial matters in the case do
not affect me in the slightest. They
speak of bonds being found. I would
like to know what these bonds and
papers look like.”
“Does' your wife know Mr. Car
negie?” the Doctor was asked.
AVonliln’t Dlacnns Carnegie,
■“I would rather not discuss Andrew
Carnegie,” said the doctor. "Concern
ing my relations with Mrs. Chadwick,
I will explain them on my return to
the United States. Naturally I am
taking a great interest in the case, but
I have not seen any lawyer* relative
to my status. Although I have not
yet taken any definite Bteps concerning
sailing, I Intend leaving Paris for the
United States in a week or ten days."
In the course of a later interview
with the Associated Press, Dr. Chad
wick said he must refuse to believe
that Irl Reynold* could have said that
he (Dr. Chudwlck) was a co-conspira
tor with Mrs. Chadwick, and that he
was present when Reynolds gave Mrs.
Chadwick the alleged trust fund re
ceipt. The doctor stated that state
ments to that effect were wholly un
Being asked whether he was in com
munication with his wife, Dr. Chad
wick refused to reply.
DEAL CLOSED OUT.
Morgan Is Now Kendy to Pay the
A. C. 1,. Syndicate.
New York, Dec. 12.—1 t was an
nounced to-day that J. P. Morgan &
Cos. have given notice to members of
the Atlantic Coast Line syndicate,
formed to underwrite the bonds Issued
to pay for a controlling interest in the
Louisville and Nashville Railroad
Company, that the syndicate has been
closed and that they are prepared to
pay the profit accruing from the oper
ations of the syndicate to Its
This profit Is said to amount to
about 7 per cent, on the Investment,
including the dividend declared some
CORONER’S JURY* LEFT
CASE IN THE DARK.
Conld Not Decide Who Killed the
Columbia. H. C., Dec. 12.—The Jury
of Inquest In the Hughes case assem
bled at Trenton to-day and after two
or three hours of testimony and con
sideration returned a verdict that the
Hughes family came to death at the
hands of person or persons unknown.
TO MEET IN LOt ISVILLIC.
Rest Rennlnn of Ike Veteran* Will
He Held There.
New Orleen*. Dec. 12 -Gen William
K. Mickle, adjutant general United
Con federate Veterane, authorise# the
iriawmanMt that the nest reunlan
of the veterane will be held In Leula
vltle, Ky, but that the date has not
vet been settled.
FRENZIED FINANCE WAS
BUSY IN WALL STREET.
l/inion’i Attack* Drove Amalga
mated Still Further Down.
New York, Deo. 12.—Beginning with
heavy declines in Amalgamated Copper
to-day’s stock market was weak
throughout the entire session, the oc
casional rallies falling to hold prices
for more than a few minutes at a
Although values crumbled away
rapidly there w’.rs little excitement In
the street. Brokers seemed to have
nothing but selling orders, they said,
and did not look heyond that fact, the
recent reckless speculation and the
campaign by newspaper advertisement
against a copper stock to find reasons
for the drop in prices. Money was easy
and. loans were made freely, but col
lateral was scrutinized very carefully.
The market closed weak, with prices
generally at the lowest. More than
2,900,000 shares of stocks changed
hands during the day.
The selling wave continued nearly all
the forenoon with only a temporary
reaction, and about noon the market
showed further weakness. An Impres
sive feature of the forenoon was the
heavy selling by London houses. The
sales of London houses were the larg
est in the steel stocks. There was
evidently a good supply of stop loss
orders on hand, but the shorts did not
fare much worse than some others.
The violence of the opening declines
was so great and so pronounced that
many brokers and traders on the floor
were overwhelmed with surprise, and
for a little while were quiet nonplussed.
Any market support that muy have ex
isted was without the slightest effect.
One of the most sensational breaks
was tn Greene Consolidated Copper on
the curb. It had been selling around
34 early in the day and had declined
only nominally. In the afternoon the
Stock broke nearly 10 points to 22. Ten
points In Greene Copper Is the full par
value of $lO.
MEN ARE INDICTED.
Prominent Cltlsen* of Lincoln
County, Via*., Under ( barge*.
Jackson, Miss., Dec. 12. 4 profound
sensation has been created by the in
dictment of Hon. H. T. Montgomery,
member of the Legislature, and J. C.
Bryant and ,T. B. Willis, members of
the board of county supervisors of Lin
coln county, on the charge of white
It was known that prominent citizens
would be involved in the lkwless out
rages after the employment of detec
tives by the Governor, but tt was not
supposed that county officials would
be found mixed up In the whitecap
The Lincoln County Court cannot
possibly dispose of all the cases at this
term of the court, as more than 400
Indictments have beeh found, and
among those are a number of the
wealthiest citizens of the county.
Detective Hoyt ha* worked up the
case for the Governor. He has per
formed the unusual feat of securing a
copy of the oath taken by the white
cappers, which 1* us follows: *
"I do solemnly swear to keep and
never reveal any of the Hecrets of this
organization, and do solemnly swear
that I will live and abide by any of its
rules as they now are or as they may
hereafter be revised; that If ever called
upon to sit upon any grand Jury or
other Jury to hold out forever against
any bill or verdict directed against
any member of this organization.
“I will assist In every way directed
by the organization to compel the ne
groes to vacate any and all property
owned by merchants, to assist to put
any and all obnoxious negroes out of
the way. I fully understand that death
shall be the penalty to any and ail
members revealing any of the secrets
or workings of the organization.”
PLANS TO REORGANIZE
Chnlrnian lllnlr of the Eterntlve
Committee Multra the Announce
New York, Dec. 12.—James A. Blair,
head of the banking firm of Blair A
Cos., and chairman of the Executive
Committee of the Heaboard Air Line
Railroad, to-day said that plans were
being perfected to reorganize the fi
nances of the Seaboard Air Line Rail
In 1903 Blair A Cos., Thomas F. Ryan
and Boston Interests purchased con
trol of the property from the Wil
QUESTION OF VALIDITY.
Tillman Culled on Committee to
Consider It In the Cram Case.
Washington, Dec. 12.—'The Tillman
resolution directing the Senate Com
mittee on the Judiciary to inquire Into
the validity of recess appointments
was taken up by the committee to
duy and discussed at length.
The resolution was offered by Sen
ator Tillman us the result of the con
test waged by him to prevent the con
firmation of W. D. Crum, a negro
nominated for collector of the port of
Charleston, S. C. The question was
referred to a sub-committee, composed
of Senators McCom&s, Nelson and
BARTLETT WANTS : THE
LIMIT ADHERED TO.
Washington, Dec. 12. —Representa-
tstlve Bartlett of Georgia to-day in
troduced a bill amending the national
bunking act so as to prevent any per
son from being a borrower and In
dorser beyond the legal limit.
Agreed In Extend Time.
Washington, Dec. 12. — ln the case
of the state of South Dakota vs. the
State of North Carolina, the ftupreme
Court of the United Stairs to-day
granted the motion to extend until
April I, the time for the payment of
the North Caroline bonda, as prayed
for by that atate. The purpose of
the aniens ton Is to afford lima te the
North Carolina legislature to coneM.
*r the gueatlon of paying the bends
and thus avoid sale-
i CENTS A COPY.
_ DAILY. IS A YEAR.
WEEKLY 2-TTMES-A-WEEK.iI AYEAR
IN PEONAGE CASE
ATTORNEY GENERAL WILL
ARGUE AGAINST CI.YATT IN THE
Senator Union. Cnngre*nian Brant
ley anil (npt. Hammond Will Be
Pitted Against tlie Attorney Gen
eral— Deelaton of tlie Supreme
Court Will Re Far-Beaehlna—Nam
ber of Peonage Caaee Are Heating
Upon the lte*iiH of the Clyutt
By R. M. Lamer.
Washington. Dec. 12.—The Clyatt
peonage case, which is to determine
whether the federal law enacted to
break up the peon system is appli
cable to the so-called peonage cases in
the Southern states will come up be
fore the Supreme Court to-morrow. It
was set for to-day. but Attorney Gen
eral Moody asked that It go over for a
The Attorney General regards this
case of so great Importance that hu
has decided to make the argument for
the government in person rather than
Ihrough one of his assistants. This
will be Mr. Moody's first appearance
In the Supreme Court ns attorney gen
eral. He sets forth in his brief that
there are hundreds of cases, perhaps
a thousand, now being held up to await
the Supreme Court's decision In this
particular test case.
The attorneys representing Clyatt are
Capt. Hammond of Thomaavllle, Rep
resentative Brantley and Senator Ba
con. Mr. Brantley will make the
opening argument and Senator Bacon
•will clone In reply to the argument of
the attorney general. Mr. Brantley's
brief, goes exhaustively into the his
tory of federal peonage legislation t
show that the so-called peonage of
the Southern states Is an entirely dif
ferent condition, and one with which
the states, not the federal government,
have to deal.
The case has attracted much atten
tion in legal circles and throughout the
HITTING AT HARBORS.
Cannon Wants the Appropriation at
the Lowest Notch.
Washington, Dec. 12.—A member of
the Elver and Harbor Committee said
to-duy that thus far but little progresa
has been made In behalf of many of
the new projects contemplated In the
proposed bill. It seems that Speaker
Cannon hus called upon the committee
to pare the appropriation down to the
lowest notch, and In dealing with the
river and harbor bill, he advlßea that
all or nearly all of the projects for
Improvements ba kept out of the bill.
Members of the committee assert
that the Speaker Is unreasonable, and
also Impracticable In hls advice. Some
of the new projects urc absolutely nec
essary and cannot be deferred without
serious. Injury to commerce. In some
Instances Important harbors, like Sa
vannah, have been successfully main
tained under the continuing contract
system. These contracts have been
completed, and new projects are pro
posed In the pending bill which should
not be delayed.
Representatives Lester gnd Spark
man, members of the committee, are
looking after the Interests of Georgia,
Florida and South Carolina, and the
harbors of the South Atlantic coast
will not suffer if they can prevent It.
HItCOHDKD TRANSFER DEED*
In the Purelinne of the Chesapeake
Norfolk, Va., Dec. 12.—The move
ment for the purchase of the Chesa
peake Transit property by the Norfolk
and Southern Railroad was completed
to-day by recording the transfer deeds
In Princess Anne county, Norfolk coun
ty and Norfolk city.
One of these deeds is anew mortgage
of the Norfolk and Southern to secure
$10,000,000 of bonds, of which only $4,-
400,000 are to be issued at present, for
the purpose of taking up the outstand
ing bonds of the Norfolk and Southern
to pay for the property of the transit
company, the electrification of the Vir
ginia Beach branch and the broad
gauging of the Washington and Ply
The remaining bonds are reserved to
be Issued in the future, from time to
time, to acquire or construct additional
lines and for equipment and Improve
fICHOONEH’S CAPTAIN KILLED.
Hall Thrashed Him to Death on Hls
Newbem, N. C., Dec. 12.—Capt. John
Franklin Mann of the schooner Ivy
Blades was accidentally killed on hls
vessel In the Pamlico sound Sunday
morning at 4 o’clock. Owing to change
of wind he was shifting sail from one
side to the other. It came back en
tangled him and swayed violently back
and forth, beating him on deck until
Injured so that he lived but two hours.
Mate A. E. Mann, the captain's cous
in. brought the vessel to Newbern.
Capt. Mann’s body was sent to hls
home at Elizabeth City, N. C.
Howell Wants a Hearing.
Washington, Dec. 1$. —Capt. Howell,
the army engineer In charge of the har
bor Improvements In Mouth Carolina,
Arrival here this morning from Char
leston, with the expectation of going
before the river and harbor commit
tee to explain certain work In hls dis
trict, owing to indisposition of Chair
man Burton the committee did not
hold a meeting, and Capt. Howell may
have a hearing before the committee
Raleigh. N. C„ Dee. 12.—Dr. Herbert
H Royater. who remains with H
Mortimer Brook* at Plttebero, report*
te-nlfht that there Is Itttls change In
the condition of the wounded man.
Reginald Brooks and Dr. Folk loft for
Nsw York this afternoon.