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the weather. For Atlanta and Vicinity—Partly cloudy weather, with occasional 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.