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the weather. Scattered shower* and thunder storms tonight and Friday are predicted for Atlanta and vicinity. The Atlanta Georgian All the News While It is News In The Georgian. AND NEWS Are You Reading “The Ghost"? In Saturday ’s Georgian. fjl SPOT COTTON. Liverpool, dull; 7.12. Atlanta, steady; 12 7-8, New York, quiet; 13c. N. Orleans, firm; 12 7-8. Au gusta, steady; 13 1-4. Savannph, quiet; 12 1-2. VOL. V. NO. 306. ATLANTA, GA., THURSDAY, JUNE 27, 1907. PRTPF. Id Atlanta; TWO CENTS. On Trains: FIVE CENTS. JudgeBarksdale Over rules Request of Prosecution. SAY! IS IT HOT ENOUGH FOR YOU? WOW! GIRL’S TESTIMONY IS NOT ATTACKED Miss Loving’s Former Chum Not Allowed to Testify in Rebuttal Evi dence. Houston, Va., June 27— Beautiful Elizabeth Loving’s second ordeal came today when the prosecution started out to prove that the remarkable sacrifice she made of her honor to save her fa ther from the death penalty was false. Through Miss Loving’s closest girl chum. Mils Kidd, the state said it would prove that she had not been at tacked by Theodore Estes, the young man her father shot down, but that she was simply intoxicated by one drink of liquor and had confided that such was the case to Miss JCidd. Miss Loving went to the Kidd home after the carriage drive and there ex plained to her chum that the one drink had been too much for her and went to bed. Had Estes attacked her it is cer tain, according to the theory of the prosecution, she would have told her closest friend, to whom she went, in preference to her own house. It is generally believed in this coun ty that ex-Judge Loving will* be ,ac-. quitted \ on»the “unwritten* law He believed his daughter had been attack ed when he shot Estes. Evidence Not Allowed, In delivering his opinion with tegard tt» the admission of testimony tending to disprove the assertions of Miss Lov ing with regard to the event occurring on her drive with Estes, Judge Barks dale said: "To admit such evidence would be unnatural and unjust. To maintain that the prisoner, while In the heat of passion, should have stopped to inves tigate the facts would be depriving him of the tight to plead 'hot blood,' and would raise the crime from manslaugh ter to murder in the first degree." Following the opinion of Judge Barksdale, the prosecution put upon the stand Mr. McGinnis, who ,wns at "Oak Ridge” at the time of the shoot ing. The witness was closely ques tioned concerning the physical condi tion of the prisoner Immediately after the shooting und testified that the only difference he noticed in Judge Loving was that his face was "extremely red— redder than I have ever seen It, even when he was drunk.” Never 8sw Loving Drink, It will be recalled that witnesses for the defense have testified that Judge Loving’s face immediately after the tragedy was very pale. The witness said he drove back to Lovlngston with the prisoner, and that their conversation was entirely ration al. It now becomes apparent that the prosecution Intends trying to prove the sanity of Judge Loving at the time of the shooting. That he had been Intimate Judge Loving for many years and had never seen him take a drink, was the startling testimony of E. L. Kidd, clerk of Nelson county court, and father of the young lady whose testimony was not allowed to be Introduced. Mr. Kidd was asked: "Have you known Judge Loving l"ng?” ‘ Yes, for several years.” "Do you know whether he ever drank or not?” "Do you mean to my own knowl ♦•dge?” asked the witness. "Yes,” replied Mr. Houldln. "Well, during all the time I havt known him I have never seen him take a drink; so, of course, I can not say of my own knowledge that he ever drank.” The witness further testified that the prisoner had made an excellent Judge, was a fine huntsman and capably ad ministered the affairs of the Ryan es tate. Dr. Charles L. Emmons, a brain specialist of Washington, D. C., testi fied that whisky caused a large per centage of the cases of Insanity. A hypothetical question, going over the life of Judge Loving, his dissipations, his trip to an Institution for Inebriates and h'ls various troubles, the Informa tion given him by his brother-in-law, and his daughter's story was presented to Dr. Emmons, and his opinion was asked as to the status of a man who his examination was made, his lan guage being mostly technical. The witness was asked If Insanity from alcohotlc excesses was not per manent. His reply was that if de ranged from excessive drinking ex clusively this was true. "Did you find Judge Loving an Insane man when you examined him?” was asked Witness Emmons. "I found his mind diseased, and such that It would give way under great stress," he replied. "Doctor, you hove been here several days, and have seen Judge Loving. Is ho Insane now?” "I do not know'." He explained by Continued on Pago Seven. * TERRELL’S APPOINTMENTS HELD UP BY THE SENATE; DELAY WOULDKILLTHEM Twenty-four ad Interim appoint ment, of Governor Terrell, aubmltted to the senate Wednesday, were not con Armed by that body In Its executive session, but after a sharp debate. It Is said, were held up for further consid eration until Friday. If reports are to be accredited, motion was first made to hold up these appointments until next week, which, of course, would have nullified tho ap pointments and crenteil twenty-four vacancies for the new executive to fill. According to the report, the motion to hold the appointments over until next week was lost by a narrow mar gin. A motion to hold up the list until Friday then prevailed. The twenty-four ad Interim ap pointees of Governor Terrell are as fol lows: The Appointments. H. M. Calhoun, Judge of the city court of Calhoun county, and A. L. Miller, solicitor of the same court. Benjamin T. Moseley, Judge of the city court of Madison county. A. 8. Anderson, Judge of the county court of Jenkins, and James A. Dixon, solicitor of the same court. \V A. Hawkins. Judge of the city court of Ashburn, and J. A. Comer, so licitor of the same court. J. C. Rainey, Judge of the city court of Ellavllle. and John H. Cheney, so licitor of the same court. A. 8. Johnson, judge of tho city court of Newton, and Benton Odum, solicit or of the same court. Emmett Owen, solicitor of the county court of Pike. R. H. Frahock, judge of the county court of Camden. John D. Ratnbo, judge of the county court pf Clay. Zack Childress, solicitor of the city court of Atnerlcus. E. F. St rosier. Judge of the city court of Cordele, and W. M. Eakes, solicitor of the same court. R. G. Methvln, judge of the county court of Quitman. G. W. Haddock, Judge of the county court of Charlton, and W. M. Olllff, solicitor of the same court. Paul R. Turner, solicitor of the city court of Cedartown. E. A. Stephens, solicitor of the city court of Rarnesvllle. D. I*. Rose, solicitor of the county court of Camden. John R. Phillips, solicitor of the county court of Jefferson. I). P. Rose and Benton Odum served In the last senate, and several of the other appolnteea have served In the house. DIO GREAT FRENZY Chicago, June 27.—The green bug entered Into the wheat situation on the Chicago board of trade today and thiew the pit Into a frenxy of excitement, during which price* soared In a start ling manner. July Jumped from 91 7-8 to 97 In no time and closed at 95 3-8; September Jumped from 94 7-8 to *1.00 and closed at 99. The scene on the board was one of Intense excitement and equal to any of the Wild disorders of the recent cam paign. Most of the big wheat men, James A. Patten and James Rankin, had to run In on their lines. Advices from New York show that there has been a wild stampede there of the shorts. Atlantans Play In Tennis Contest Nashville, T»*nn., Juno 27.—In this morn ing’s events at tho Toiwojwoo foimls tour- nnmoiit. Day, of Nashville. ilefentetl Farrell, of Nashville, In singles, 7 5 and 6*4. Hites, of Cincinnati, won over Charles afternoon, the two teams Iwlng Day Farrell, of Nashville, nud Thornton and Scott, of Atlanta. The winning team playi O00000000O00O0O000000000GO O SCATTERED 8HOWERS J O ARE FORECASTED. O O Forecast: O 0 "Scattered showers and thunder O O storms Thursday night and Fri- O O day.” O O Thursday temperatures: O O 7 a. m. .. .. .. ..70 degree** O O 8 a. m ..73 degrees O O 'J a. in 76 degrees O 0 10 a. m. 79 degrees O 0 11 a. m 81 degrees 0 0 12 noon. 84 degrees O 0 1 p. in ..85 degrees 0 0 2 p. ni 86 degrees 0 0OOOO0OO0Q000000000Q0OOOPM Davis Failed to Back Up Former Decla rations. Boise, Idaho, June 27.—In the Hay wood murder trial today there was a sharp revival of Interest, so fur as the spectators were concerned, when court opened. The defense got one or two hard knocks when the star witnesses failed to back up declarations they had mnde to break down Hurry Orchard’s evi dence, and \V. II. Davis, "Big BUI,'' as they call the former president of the Altman Union No. 19, at Cripple Creek, was again to be asked to refresh his memory under Senator Borah's ques tioning. Orchard accused this Davis of hir ing him to blow up the Vindicator mine in 1903. Henator Borah is an ex pert on that matter, having prosecuted Phil Corcoran for the murder of a man killed at that time. Up to the.close of yesterday's work In the Haywood case the grilling that Borah gave Davis on cross-examina tion showed no let-up. and there was every' Indication thut the grilling today would be even worse than that of yes terday. RACE RESULTS. CIGARETTES Senator Camp’s Meas ure Is Strict One. 00000000000000000000000000 0 HARDMAN MAY HEAD 0 TEMPERANCE COMMITTEE, SHEEP8HEAD BAY. First Race—Yorkist, 7 to J, won; Golden West, 7 to 6, second; Ingham, even, third. Time, 1:14 4-5. Second Race—Agent, oven, won' Rocket, 4 to 5, second; Burkman, out, third. Time 5:15. KENILWORTH. First Race—Wah Yyon, 6 to 1. won; Aristotle. 4 to 1. second; .Stanley Fay, 0 to 5, third. Time 1:012-5. 0 It Is believed that Dr. L. G. O Hardman, of tho Thirty-third O O district, author of the total pro- 0 0 hlbltlon hill Introduced In tho 0 0 senate the first day of the ses- O O slon, will bo named chairman of O O the senate temperance comnilt- 0 tee. 0 President Akin stated Thursday 0 that the senate committees would 0 0 not he named until next week— 0 O probably Tuesday or Wednesday. O Dr. Hardman Is confident of the O 0 passage of his prohibition meas- O O ure In both branches, and this O O sentiment prevails very generally 0 about the legislative halls. O O It Is believed that either Sea- 0 O born Wright, of Floyd, or W. A. O 0 Covington, of Colquitt, will be O 0 made chairman of the house com- O 0 mlttee on tctn|>erance. O O O 000O0000000000000000000000 Death to the coffin tack In Georgia! Along with rum and other evils the deadly cigarette must go, If Senator Comp's radical bill Is placed on the senate books. Not only does it prohibit the manu facture and sale of cigarettes and ma terial for making them, but It renders liable for punishment as for misde meanor anybody caught puffing one of the tobacco sticks. Promptly at 10 o'clock Thursday morning both branches of the general assembly convened for the second day's session. In the lower house the reso lution providing for a Joint session of the two branches of the legislature at U o'clock for the i>urpp.«o of canvj lng the vote of the last election state house officers was taken up. This resolution wiui adopted by the . note Wednesday and was sent to the house for the latter’s approval. Upon motion of Mr. Hall, of Bibb, it was laid on the table until Thursday mofn Mr. Hall pointed out the fact that legislature could only canvass the vote for governor and one or two other state house officers, while the resolution from the senate provided for canvassing the entire list. For this reason the resolution was returned to the senate for amendment, and after Its return to the house It was adopted and at 11 o'clock the senate repaired to the hall of representatives, where the work of canvassing the vote was begun. The House. The house was called to order by Speaker Slaton at 10 o’clock Thursday morning. Rev. W. A. Parks opened with prayer, after which the roll of members wns called. After the rending of the Journal, the house took up the senate resolution In regard to holding a Joint session for the purpose of canvassing the vote for governor and other state house offi cers. Mr. Hall offered an amendment to the resolution specifying that only the vote for governor, comptroller general, state treasurer and secretary of state could be canvassed by the general as sembly, and not the vote for all state offices, as stated In the resolution. The amendment was adopted and the resolution was returned to the senate for adoption. . While the senate was taking action on the nmended resolution the farewell message of Governor Terrell, which was submitted Wednesday, was read to the house by Reading Clerk Mc- Clatchey. Ths Joint Session. At 11:15 o'clock the sennte wns re ceived In the house for the purpose of canvassing the vote for governor and other states house officers. President Akin of the senate pre sided. The senate having refused to concur In the amendment to the resolution, Mr. Hall, of Bibb, moved that the general assembly canvass only the vote for goverpor, secretary of state, comp troller general and state treasurer, Mr. Hall's Contention. Mr. Hall rend the constitution, which he declared was specific on the point. Senator Felder declared that It was customary for the general assembly to cunvass the vote for all the state house officers, Including that of attorney gen eral. After some debate President Akin held that the general assembly has authority to canvass the vote for all the state house officers. On motion of Senator Felder, Presi dent Akin appointed the following committee to count the vote: Senator Felder and Representatives Hall and Dunbar. Mr. Hall declined to aerve on the committee except to count the vote for governor, comptroller general, secreta ry of state and state treasurer. Mr. Fowler, of Bibb, was appointed to take his place on the committee. Vote in 8tat« Ract. After canvassing the votes for the various state house officers the com mittee made the following report: For governor, Hon. Hoke Smith, 76,- 963; secretary of state, Phil Cook, 77,- 182; attorney general, J. U. Hart. 76,- 944; comptroller general, W. A. Wright, 79,072; treasurer. R. E. Park, 77,000; commissioner of agriculture, T. G. Hudson, 76.965; state school commis sioner, W. B. Merritt, 77,013; prison commissioner, Clement A. Evans, 77,- 008; railroad commissioner, 8. G. Mc Lendon, 73.899. 1 o’clock Mr. Barksdale, of CITY PUCE Recorder BroylesWins on Second Ballot. It required a second ballot to re elect Nash R. Broyles recorder, before the caucus of the city council Thurs day morning at the city hall. Malvern Hill, his opponent, secured 11 of the 23 votes on the first ballot. The next ballot resulted In Judge Broyles' re- election by a vote of 13 to 10. Edward Ilayes defeated Frank Pitt man for building Inspector of second ballot. The first ballot resulted In a vote of 12 to 11, and a second ballot was taken. This resulted In a vote of 13 to lo. Mr. Pittman, the present In spector, has held the office for twelve years. Fire Chief W. B. Cummings was named on the first ballot, without op position. J. P. Kennedy, health officer, was elected unanimously, without Opposi tion. The voting was by secret ballot, All But One There. Twenty-three of the twenty-four members of council attended the cau cus, the only absentee being Alderman Houtell, who Is not In the city. Thir teen votes—a majority—were required to elect. On the first ballot for recorder, Mol- vem Hill received 11 votes and Judge Broyles received 12. On the second ballot there was one change and this was In favor of the Incumbent. The vote was 13 to 10 In favor of Judge Broyles and he was declared the nomi nee of the caucus. The term of re- cqrder Is two years, and the salary la 13,000 a year. In the election for building. Inspector, EM. R. Hayes received 12 votes on the first ballot and Frank Pittman, the In cumbent, received 11 votes. On the second ballot Mr. Hayes gained one vote and tho result was 13 to 10. Mr. Hayes was declared the nominee of the caucus for building Inspector. The salary is 82,400. The term la two years. tV. B. Cummings was nominated for re-election as chief of the lire depart ment without opposition. The samu was true of Dr. J. P. Kennedy, health officer, and J. L. Harrison and C. D. Meador, tax assessors. The nomination of ward physlrlans was the last thing .that occupied the attention of the rAucus. Ward Physicians. First Ward—Dr. J. B. Roberts, the Incumbent, was defeated by Dr. B. F. Harwell by a vote of 17 to 8, one vote not being cast. Second Ward—17. Van Goldstnoven, the Incumbent, was the unanimous choice of the caucus. Third Ward—Dr. M. C. Martin was nominated for re-election and wns un opposed. Fourth Ward—Dr. I. T. Catron, the Incumbent, was unopposed. Fifth Ward—Dr. I-. H. Jones, the In cumbent, received 18 votes as against 3 received by Dr. George A. Doss ami 2 enst for Dr. Allen D. Johnson. Sixth Ward—Dr. J. O. Wilkins, the Incumbent, was unopposed. Seventh Ward—Dr. A. II. Ltndorme had no opposition. Eighth Ward—Dr. J. R. Garner was unopposed Representative Harde man Will Ask For Investigation. - ■ i*"t LEGISLATURE WILL \ BE ASKED TO ACT Resolution Will Charge That Charter Is Void, and Road Is Controlled by Sou. Ry, j Representative R. N. Hardeman, of Jefferson county, has prepared and will Introduce, probably this week, a reso lution calling for the most searching Investigation Into the ownership and operation of the Central of Georgia railroad. Representative Hardeman's resolu tion Is based upon the long alleged ownership of the Central by the South ern railway, and If the Investigation should reveal such actual conditions, It would forfeit the charter of the Central of Georgia. Events are happening so swiftly these dnys that a feeling of unrest ex ists In certain railroad circles. Many believe thnt the rumors of tha sals of the Central to parties named as Mars- den J. Perry, of Providence, and Oak- lelgh Thorne, of New York, la but an effort on the part of the real owners to step from under before the lightning ■trikes. If the New York report Is to bo ac credited. Perry and Thorne have come Into possession of property valued at 840;000,000, and thht they will operate It Iq tbs future absolutely ns an Inde pendent system. Not a few believe thnt It Is simply on evasive move on the part or ths real owners to head off trouble. At any rate, Representative Haade- man's resolution has as its purpose the naming of a committee that will go to the bottom of things nnd bring forth the facts—If It Is possible. CENTRAL SALE CARRIES OCEAN 8TEAMSHIP LINE. Special to The Georgian. Savannah. Ga., June 27.—The sale of the Central of Georgia carries with It. It In believed here, the Ocean Steam ship Company. There has been no new developments In the matter here today. f THINK MORSE~WILL SECURE CONTROL OF CENTRAL. New York. June 27.—The ultimate destination of the Centra) of Georgia rallrond continues to Interest Wall street, particularly that section of It which pays particular attention to Southern nrralrs. While there are those who profess to believe the change In ownership Is more apaprent than real, and that the Southern railway will have ns great nn Influence In the man agement of the Central of Georgia as ever, others nre Inclined to believe that Charles W. Morse will ultimately se cure the road; which would give him the Ocean Steamship Company, nnd strengthen his monopoly of the coast wise shipping trade. New (10 Greenbacks Out Washington, June t—Treasurer Treat will tomorrow begin to ship to The terms of all the officers noml- j the various sub-trensurlea the new 810 nsted for election nnd rn-electlon be-1 gold certificates Just Issued by the gin July 1, when council formally elects I treasury department under the provl- the nominees of the caucus. 'slons of the Aldrich bill. Continued on Pago 8cvon. Growth and Progress of the New South The Georgian records here each day some economic fact In refercuce tu the onward inarch of the tfoulb. BY B. LIVELY Installation of machinery will be completed aoon by the Durham. N., f\, Hosiery MIIIm, No. 3. of High Point. It la Incorporated with a capital stock of $50,000. und In a branch of the Durham Hosiery Mills, of this place. At High Point there will be 100 knitting machines operated. making a total of 14.000 spln-le*. When it Is remembered that four years ago the atock of this mill sold at 25 cents on the dollar it speaks well for the prosperity of the plant. It la expected that the Peerless Woolen Mills of Rossvllle, Ga., will be In operation some time next month. The equipment will conftlst of 10 sets of 60-Inch woolen cards, 250 to 300 looms, 1,600 spindles for manu facturing cotton warps, besides all necessary apparatus for handling raw wool. The building, which Is 290 feet square, has recently been built. At a meeting of the board of directors of the Olympia Cotton Mills, Asheville, N. t'„ a semi-annual dividend of 3 per cent was declared on the first preferred stock. The directors present were: Lewis W. Parker, Edwin W. Robertson, Leonard Phlnlzy, Wllle Jones, George H. Webb and Tunstall Smith. The directors warmly congratulated President Par ker on his successful administration and that the mill Is able to pay an actually earned dividend. The dividend la payable July 1. Forty automatic looms have been installed In the NatcheV. Miss- Cotton Mills, No. 1, nnd If they prove satisfactory every loom in this mill and In Natchex Cotton Mills No. 2 will be replaced by this modern equip ment. There are 650 looms (n the two mills. The automatic loom lias a capacity of 50 yards of cloth a day. though the quantity depends » ,«>n the quality of the output. As a rule, one hand operatea 20 looms, but In this mill they run 15 to a hand. Mill No. 2 has not been In operation for some time, but Captain R. F. learned, president of the company, states that he expects to have both mills In full operation on September l. These mills pay the same money for 60 hours' work a week as other mills pay for 66, and contribute to the support of a day nursery for the benefit of the mothers employed In the mill, a men’s dub for the men and a women's room for the female employeea.