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the weather.
For Atlanta and Vicinity—Partly
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showers, tonight and Sunday,
The Atlanta Georgian
If yoo-with to keep posted on what the Legislature Is doing, get The
Georgian Every Day.
AND NEWS
“The Bracebridgo Diamonds, a thrilling mystery story, is now
being printed in T he Georgian. Read It
SPOT COTTON.
Liverpool, quiet; 7.11 Atlanta, quiet;
1213-16. New York, quiet; 12.90. New
Orleans, qnlet; 12%. Augusta, quiet;
13%. Savannah, sternly; 12%.
VOLV V. NO. 332.
ATLANTA, GA., SATURDAY, JULY 27, 1907.
PPTP77!. I® Atlanta: TWO CENTS.
J. lUGLi. On Train.: FIVU CENTS
PRES. FINLEY
IS
AT ASHEVILLE
Head of the Southern
Ry. Charged With
Violating Law.
RELEASED BY ORDER
OF JUDGE PRITCHARD
Rate War -In North Caroli
na Reaches Crisis With
Arrest of Finley.
Asheville, N. C., July 27.—Pres
ident Finley and the ticket agent
of the , Southern Railway were
arrested here this morning on
warrants sworn out by Police
Judge Reynolds, charging viola
tion of the state railway rate
law.
The ticket agent of the Southern
here Is O. E. Wilson.
The arrests were anticipated by the
railroad officials, who knew that the
grand Jury was contemplating such a
jnove.
President Finley’s attorneys were
i »repared for the emergency and ob-
alned a writ of habeas corpus In the
? ederal court before the warrant wax
perved.
A policeman went to Mr. Finley’s,
temporary headquarters at the Battery i
Park Hotel and served the warrant
upon him. As they were preparing, to
leave the room a deputy United States
marshal appeared upon the scene with
the Federal writ and took the —'—
from the policeman. Tire arrei
EJftley Is looked upon here as the cul
minating act In the contest between
the state and Federal authorities.
President Finley was discharged from
custody by Judge Pritchard on the
same grounds on which he released
Passenger Agent Wood and the ticket
agent, that the criminal section of the
railway rate law was unconstitutional.
No further move has been made by the
railway In reply to Governor Glenn’s
ultimatum that no agreement could be
reached with the state until the rail
way agreed to make the new rate law
effective and sell tickets at the legal
rate of 2 1-4 cents.
GOVERNOR GLENN TO MEET
RAILROAD OFFICIALS.
Raleigh, N. C„ July 27.—This after
noon, beginning at 8:15 o’clock, there
will be a moat Important conference
between Governor Glenn and the offi
cials of the Southern railway and the
Atlantic Coast Line.
"ih view of the approaching confer
ence,” said the governor, "I, of course,
can not give out anything until 1 have
heard what the other side has to say.”
The governor was asked If the con
ference would be an open or a closed
one. /
"Ho far an I am concerned^’ he re
plied, ”Jt will be public. In fait, I pre
fer it to be public; it Is a matter In
which the people are Interested, and
not on© to be heard behind closed
doors.”
The railway officials arrived In the
city nt an early hour this morning on
epeclal trains, accompanied by their
counsel. As soon as the governor
reached his office this morning he re
ceived a message from the railroad
people, asking him to meet them In
conference at 12:30 o’clock. This the
fovernor declined to do, for the rea-
*on that the counsel for the state were
not present, whereas the railroad peo
ple had their own counsel along with
them, and that he had received no pre
vious intimation that a conference was
nexlred. He suggegsted 3 o’clock, and the
hour for the meeting was finally set
tled upon for 3:15 p. m.
Governor Glenn at once wired to
Speaker Justice at Greensboro and ex-
Governor Aycocfc at Goldsboro, re
vesting each to come to Raleigh by
the first train. Mr. Justice arrived at
and ex-Governor Aycock reaches
the city at 2:50 o’clock.
•Neither President Finley nor First
\lcc President Andrews was in the
party of railway officials that reached
Ra lelgh today. The railroad people In
conference with Governor Glenn this
■fternoon are;
President Emerson, of the Atlantic
A oast Line; Alexander Hamilton, chief
t'tmsel for the Atlantic Coast Line.
*!>'! General Counsel Thom and Hum-
pnrey, of the Southern railway.
At i o'clock Governor Glenn told
jne Henrst News Service representa-
it* that he knew of the arrest of
'Resident Finley; that he waa In close
touch with the altuatlon; but further
■nan that, he would not say pending
me conference this afternoon.
THINKS JUDGE PRITCHARD
SHOULD BE IMPEACHED.
Kansas city. Mo., July 27.—'"The
of the United States Judge In
io? r,h CBr »llna, whereby he freed em-
|” n yeea of a railroad after they had
i.,? n convicted of breaking the state
nn d had been placed In Jail, Is an
It Is the most high-handed
lng» * rer h * ftrd of a Judse perform-
„ These were the words of E. J. Broad-
“*■ Presiding Judge of the Kansas City
.“J? °f appeals, this morning,
nr... m *rr»s. I believe, will be called
to do something. I think the
£255. c,ro *ln» Federal Judge who has
E25*d the state of Ita rights In this
manner should bo 1m-
head of southern railway
PRESIDENT W. W. FINLEY.
THREE CHILD BURGLARS
CAPTURED IN HOUSE;'
ELDEST IS ONLY ELEVEN
Many Important Points
I
Are Treated in
Charge.
COURT CITED
NEW STATUTES
Blow To Defense In Exclud
ing Testimony Regard
ing Tclluridc Affairs.
THREE PRISONERS AT POLICE WaTION.
Onie Msy, aged 11 i Irene, aged #; Thomas, aged S, all children of J. I.
Wlngard.
Two Little Girls and Their Brother Held, by
Police Who Are Looking For Their
Father.
Accused of a daylight burglary that
would have reflected credit on the skill
and shrewdness u* experienced and
hardened- criminals, three bright look
ing little children, two sisters and a
brother, arc held prisoners behind the
bars of the police station.
The childish prisoners are Onle May
Wlngard, 11 years of age; Irene Wln
gard, 0 years old, and Thomas Wlngard.
aged S years. They are the children of
J I. Wlngard, of 286 DoKalb avenue,
a’conductor on the Georgia railroad.
The trio of tots was captured late
Friday afternoon In the home of Mrs.
J L Sutton, 767 Edgewood avenue, in
Inman Park, where they had entered
by forcing open a rear door. Before
their capture, the children had made
one trip home, where Detectives Wood
and Starnes later recovered some rugs,
curtains and a tricycle.
Tp Arrast Father.
As a result of the act of the three
children the arrest of the father has
been ofdercd. Probation Offlc>r Glocr
states that he Intends to prosecute
Wlngard under the city ordinance mak
ing It an ofTense for parents to allow
their children to roam about the streets.
As the father was not In court Sat
urday morning, the case of the children
was postponed until Monday morning
at 3; 30 o'clock. In the meantime they
will be detained In the police station
the little girls in the care of Mrs.
Hohnefleld, the matron, and the little
boy In the Juvenile ward.
The children deny that they broke
Into the house, asserting the door was
found open. . They also declare the ar
tides found at their home were given
them by Mrs. Sutton's cook. This
Mrs. Sutton denies. .
The key to the rear door was found
in the pocket of little Thomas. The
door was locked, with the key on the
Inside, and the door Is said to have been
opened bycone of the children's poking
a cane through some lattice work and
turning the key.
Recorder Broylee questioned the
children Saturday and ascertained that
TTelther of them had been to school
more than a week. This Information
caused the recorder to remark that
such a condition of affairs offers a
splendid fluid for missionaries. .
The little marauders were caught by
Benjamin Sutton, brother-in-law of
Mrs. Sutton, who turned them over to
the police. The house has been closed
for the past two weeks, Mrs. Button
having been boarding in DeKalb ave
nue.
LET BELLS RING OUT NEWS
OF PROHIBITION VICTORY
Let the belle of the churches ring out
the news that the prohibition bill la
casaed, Is the suggestion made by Mrs.
neWltt C. Ingle, of It Rankin street,
and'one That probably will be followed
On next Tuesday, when the bill t» to
be voted upop. the public will be ex
cluded from the galleries. An arrange
ment by which the bells of Allan*, w
ring out the announcement that the bill
ha. passed would give the new. to
those srbo can not watt « ■the eapUol
for the result. Mrs. Ingle, letter fol
lows:
To the Editor of the Georgian:
“As we are to be excluded from the
house of representative! on Tuesday
next, when the vote on the prohibition
bill Is taken, and as we will be so anx
iously longing to hear the result of that
vote, can you not arrange with the
churches of Atlanta that If victory Is
ours the bells shall ring out the glad
news to our people, and that as the
wires flash tha story from city to city
that the church bells all over,the state
may ring the newa to the waiting thou
sands that 'Georgia Is free.’
"God bless our men In the legislature,
and may they stand steady when the
testing time cornea.’’ 1
Boise, Idaho, July 27.—The Haywood
Jury retired at lit 30 o'clock.
Court Clerk Otto Peterson succumbed
to heat while Judge Wood waa dellv
erlng his Instructions and was assisted
out of the court room. On the sur
face the instructions would seem fa-
vorable to the defense, but the real
facts arc In favor of the Idaho law. The
Instructions were the most voluminous
In the criminal history of the country,
There were 15,000 words In the
charge. The prosecution Is entirely
confident that It will secure a convlc
tlon. while the defense Is said to be
hoping for nothing better than a hung
jury. The prosecution Is predicting that
a verdict will be returned before 10
o'clock this evening. •
The Court's Charge.
Judge Wood, after congratulating the
Jurors on the discharge of their duty,
Instructed them In part ae follows
“In your consideration of this cose
It Is your duty under your oaths as Ju
rors to accept the law as given by the
court without limitation or reserva
tion. R Is your duty to apply the law
given by the court to the facts shown
bv the evidence. At the same time
y-m nre-the- rxclUIlie Jnagei of the
fac-ts, of what has lwen proven lh the
case, of the credibility of witnesses and
of the weight to be given to the test!
mony of each and all of them."
The court then Instructed the Jury
to entirely dismiss-and disregard the
testimony of Orchard wherein he re
lated that Pettlbone told him that Steve
Adums said that he (Adams) had killed
a man In northern Idaho. The state
failed to connect this murder with the
conspiracy alleged.
Resuming, the court Instructed:
Important Eliminations.
"I Instruct you that In considering this
cose you will entirely disregard oil cvl
dence Introduced by the -defense and
upon rebuttal In relation to the depor
tations of miners and other parsons In
Tellurlde county as well as all evidence
relating to the destruction of property
belonging to the Western Federation of
Miners in the same county. You will
also disregard all evfdenca Introduced
by the defense and upon rebuttal In
relation to deportations of miners and
other acts of violence Including the de
struction of property belonging to the
local unions of the Weitern Federation
after the alleged explosion of the In
dependence depot as testified to In this
case. And you will further disregard
all evidence Introduced by the defense
relating to detectives of the Pinkerton
agency having been placed In the local
unions of the Western Federation of
Miners.
Under New Statute.
"The defendant In this cose Is charg.
ad as a principal under our statute,
which provides that the distinction be
tween an accessory before the fact and
a principal and between principals In
the first and socond degree In coses of
felony. Is abrogated. While this statute
does away with ths former method of
charging an accessory before the fact,
it does not do away with the essential
elements of proof with respect to such
an accessory.”
Judge Wood said that whlls It was
not claimed that Haywood was person
ally present at the time of the com
mitment of the offense charged. It was
claimed that he advised and encour
aged Its commission. The burden of
fwtabllshlng this fact, hotvevor, was
upon the state. If they have failed to
establish the fact Haywood must be
found "pot guilty." The state had at
tempted to prove the defendant's con
nection with a general conspiracy to
kill those opposed to the plans of the
federation and the killing of Steunen-
berg was one of the offenses perpetrat-
At to Harry Orchard.
■If," said tha Judge, "you believe
from the evidence herein that the wit
ness Harry Orchard was Induced or
Influenced to becoma a wltnesa and to
testify In this case by any promise of
Immunity from prosecution or punish
ment, or by any hope held out to him
that If he testified against the defend
ant he would not be prosecuted or pun
ished, then the Jury should take such
facts Into consideration In determinat
ing the weight which ought to be given
to testimony so obtained. Such testi
mony should be received by tha Jury
with caution and scrutinized with great
NATIONAL VAUDEVILLE
JOHN D., THE HIQHE8T 8ALARIED HEADLINER IN THE BU8INESS.
SENATOR E. W. PETTUS
BELIEVED TO BE DYING;
IS NOW UNCONSCIOUS
Was Stricken While
at the Breakfast
Table.
Special to The Georgian,
Hot Springs, N. C., July 27.—United
States Senator Edmund Winston Fet-
tus, of Alabama, aged 86 years, Is
thought to be dying at Mountain Park
Hotel here, where he Is a guest.
Senator Pcttus was stricken with
paralysis while at the breakfast table
yesterday morning, tie became un
conscious and Ifaa remained uncon
scious since then. Thj attending phy
sicians pronounce the case hopeless,
though the end may ba deferred twen
ty-four hours, or may coma at any
moment.
IS
BOTHWERE SHOT
Found In Room and Cause
of Tragedy Is
Unknown.
In conclusion. Judge Wood said:
"Under the Indictment In this case,
the defendant may. If the evidence
warrants It, ba convicted of murder In
the first degree, murder In the second
degree, manslaughter or you may find
him not guilty.
"You are to detelmlne the question
as to whether or not the defendant
killed and murdered Frank Steunen-
berg. as charged In the Indictment, or
aided and abatted such killing. If so.
you should find him guilty; |f not, you
ihould And him not guilty."
IF SENATOR PETTU8 DIES
JOHN8TON WOULD 8UCCEED
Montgomery, Ala., July 27.—If Sen
ator Pettus dies, the legislature, now In
session, and which elected Bankhead
succeed Morgan, will elect former
Governor Joseph F. Johnston to suc
ceed Pettus. Johnston, like Bankhead,
was nominated In a state Democratic
primary on the alternate senatorial
plan. Bankhead's election by the legls
Inture, which was first opposed by
Oovernor Comer, establlshee a binding
precedent for ex-Governor Johnston's
election.
00OO0000<H}OOO0000O00D00O0a
O COOLING OFF A LITTLE: O
a 8HOWER8 PROMISED. O
O Saturday Is a cooler day If the Q
0 folks would Just realise It. The 0
0 heat grouch has taken such a Q
0 hold on the community \that few O
0 but the weather man will admlttO
O the condltlone are Improved. The O
0 calls for Ice and palm leaf fans 0
0 and the abandonment of all un- 0
0 necessary apparel continue, des- 0
0 plte the fhet that the thermome- O
0 ter went no higher than 17 degrees O
0 -• 2 o'clock Saturday afternoon. O
0 Forecast: O
0 "Probable local showers.” O
0 The temperatures: 0
0 7 o'clock a. 71 degrees 0
0 8 o'clock a. m 71 degrees 0
O 9 o'clock a. m. ... 78 degrees 0
O 10 o’clock a. m It degrees O
0 11 o'clock a. m. . 81 degrees 0
0 12 o'clock noon 15 degrees O
O 1 o’clock p. m 17 degrees O
O : o'clock p. m 17 degrees O
O 0
000^000000000000000000000^
EDMUND WIN8TON PETTUS.
United States senator from Ala
bama thought to be dying at Hot
Springs.
Specie! to The Georgian.
Charlotte, N. C„ July 17.—The bod*
les of Harry lowers, a groceryman,
and hie wife. Marguerite, were found
In their room on East Morehead street
early this morning, both shat through
the head. Powers was still alive, hut
mortally wounded and unconscious. It
Is thought that Powers was drinking
and shot his wife and then himself last
night about 1:30 o'clock.
Sultan’s Troops Repulsed.
Mellila, July 17.—The troops of the
sultan of Morocco were repulsed by
the troops of the pretender, twenty-
two being killed. Tho pretender lost
ten men.
Growth and Progress of the New South
The Georgian here records each day some
economic fact In reference to the onward
progress of tbe Sou lb.
BY
B. LIVELY
In an Illustrated souvenir edition The Vicksburg Herald telle of the
development of Vicksburg, Miss., as a leading commercial center of the
state, and how the natural advantages of this section have been worked
out along the right course, bringing to the city and vicinity In alt lines of
trade a development that Is solid, stable and permanent In Its character.
An indication of this growth Is reflected In Its banking institutions, which
In 1885 numbered five and had a combined capital of 1810,000 and deposits
of 81.075,000, and In 1106 numbered 11 and had a combined capital of
11,400,000 and deposits of 14.600,000. Vicksburg has also become an Im
portant wholesale and Jobbing center, supplying the wants of a wide
territory reached by both rail and water. The total Incoming and outgo
ing freight shipments now reach an aggregate total of 100,000 tons an
nually. Prominent among the city's Industries may be mentioned that
of the saw-mlll. lumber and other woodworking plants, having an annual
output of from 50,000,000 to 76,000,000 feet; three cotton-seed oil mills,
with annual manufactured products valued at 11.000.000; cotton-seed de-
llntlng plant, two cotton compressing plants, molasses refinery, randy
factory, brick and boiler works and pants factories. Vicksburg Is also
one of the moat Important cotton centers of the South, handling annually
about 100,000 bales of the highest type of that staple. The city Is pro-
E rcsslve In every way, and during 1906 over 1600,000 was expended In new
uelness and residence buildings, while plans for 1907 Include the con
struction of a 1200,000 modern sewerage system and a 11125.000 water
works system. The advantages looked for In the establishment of fac
tories are amply available at this point, especially for ihns,. using cot
ton or hardwood aa raw materials, and as a further inducement to the
establishment of Industrial enterprises tho city exempts them from taxa
tion for ten years and the county and state for live years. Two business
organizations—the Board of Trade nnd the Vicksburg Business League
—have been Important factors In developing the city's Industrial and
commercial advantages, am! will furnish any Information desired con
cerning the opportunities existing here.—Manufacturers' Record.