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THE AUGUSTA DAILY HERALD
VOLUME XIV., No. 5
01? EAT INTEREST IN TIGER
HEARING BEFORE RECORDER
THREE WERE FOUND GUILTY,
TWO WERE DISMISSED
AND ONE CASE WAS
CONTINUED
CROWD AT HEARING
Witnesses Testified They
Took Law in Their Own
Hands After Officials
Admitted Town Was
Wide Open. *
Court was called to order at 3
o’clock Tuesday and Judge Picquet
resuming the tiger cases said: “ic is
the mo6t painful thing that could hap
pen for me to have to fine you, but I
must observe the law. I line you each
SSO. The law is imposed on a
munity that does not Wcint it and I
despise the means and methods used
to have you before me.”
■i ■ «
The case of J. W. Fitzgerald, M.
F. Butler, J. W. Jansen, Larry Davis
and Henry Oetjen, charged with vio
lation of the city ordinance, in re
gard to the keeping in a place of
business, whiskey, or malt or spirit
uous liquor for the purpose of illegal
sale, were tried in the recorder’s court
Tuesday morning.
Messrs. J. W. Jansen, Larry Davis
and Henry Oetjen were found guilty,
sentence will be pronounced Tues
day afternoon. The cases against M.
F. Butler and J. W. Fitzgerald were
dismissed.
The court room was crowded and
several times the trial of the cases
was interrupted to make the specta
tors to step out of the way. Among
the spectators were Mr. Edwin Hili,
Mr. F. B. Pope, Mr. L. L. Arington
and Rev. Geo. E. Guille.
The city court official say they
are going to make cases against all
the men who were tried Tuesday,
charging them with violation of the
prohibition act.
The first case to be called was that
of J. W. Fitzgerald. The witnesses
In the case were Clifford T. Seago,
a teacher at the Richmond academy,
Dr. L. L. Henry, a dentist, Edward
Martin, a bookkeeper, W, L. Burnside,
a brick manufacturer, and the of
ficers who raided the place. Sergt.
Cobb testified he searched the place
'but did not find anything. Mr. Seago
testified he went into the place of Mr.
Fitzgerald with Mr. Martin. It was
on the 12th day of December about 7
o’clock in the evening. Mr. Seago
said there were several people in
there and he asked a man, who had
charge of the pool tables if he could
get some whiskey. The man told him
that he might. He said that in the
mean time he had separated from Mr.
Martin and went towards the front of
the store to find him, when some one
said his partner was in the back. He
went to the back and saw a man go
ing up the back stairs. The man
came down and handed Mr. Martin a
package, afterwards found to contain
whiskey. Mr. Seago gave the man
$1 to pay for the package. The man
rang up 40 cents on the register. The
whiskey was “Upper Ten.”
WITNESSES WERE
HALF COCKED.
Mr. Martin testified he went to the
place with Mr. Seago and they be
came separated in the place and he
went up to a man and asked i£ he
could get some whiskey. The man
fold him to come into the yard and he
could get it. He said the man asked
him what kind he wanted and men
tioned several well known brands. He
said he told the man he wanted Black
Label. The man said alright and
started up the stairs to get it. At
that time Mr. Seago stepped out of
the building and was with him when
the man came down and gave him
the whiskey. He asked the man
what kind of whiskey it was and th«
man told him it was “Upper Ten.” Mr.
Martin said he told the man he want
ed “Black Label. The man stated he
understood him to say he wanted “Up
per Ten.” Mr. Martin toid him it
would do alright.
Mr. Brooks, the attorney for the
defendant asked Mr. Seago if it was
Mr. Fitzgerald he bought the whiskey
from Mr. Seago said he did not know
who he bought it from and he would
not be able to identify the man if he
saw him now. Mr. Martin stated pos
itively that Mr. Fitzgerald was the
man and said he would swear to that
fact.
Mr. Burnside testified that he went
to Fitzgerald’s place with Dr. Henrv
and he bought 1-2 pint of whiskey.
He produced the whiskey in court.
Mr. Brooks asked for the bottle and
Mr. Burnside handed it to him Mr
Brooks tore part of the label’ and
some of the writing off the bottle and
handed it back, after carefully examin
ing it. He asked to see the whiskev
Mr. Martin had bought. Mr. Martin
pulled it out of his hip pocket and
made the request that he (Brooks)
wouid not tear any of the writing.
Mr. Brooks said he was not a mem
ber of anv Y. M. C. A., but he thought
he could handle a bottle without dam
aging its label. He asked Mr. Seago
if he * year to the truth of the
writing On ?he bottle. Mr. Seago said
he could My, Brooks then asked him
if he could say he bought the whis
key. Mr. Seago said he did not but
the whiskey, but he was present when
it was bought. Mr. Brooks showed him
where he had signed his name to a
statement on the bottle to the effect
that h“ had bought the whiskey.
Dr. Henry testified he went with
Mr. Burnside to get the whiskey. Mr
Brooks asked him if he was a detec
(Continued on page nine.) —
NEGROES DEFEATED
IN CONTESTS
m SEATS
WASHINGTON—Three congres
sional election contests from South
Carolina were practically decided
Tuesday when the election committee
No. l reported to tho house in favor
of the permanent seating of Repre
sentative Patterson, a democrat of
the second district. Representative
Lever a democrat of the seventh and
Representative Legare, a democrat of
the first district. All of the defeated
candidates are negroes. The victors
are now sitting in the house.
HANDSOME SHIFT
UNVEILED HI
MADISON
Special to The Herald.
MADISON, Ga.—Gov. Hoke Smith
and General Clement A. Evans were
the chief speakers here Tuesday morn
ing at 10.30 o’clock at the unveiling
of the handsome Confederate monu
ment which was erected by the
Daughters of the Confederacy.
Col. S. L. Wiliford introduced the
speakers. Mrs. Lee Trammell, pres
ident of the United Daughters of the
Confederacy, presented the monument
and it was accepted for the veterans
by Judge F. C. Foster. Mayor E. W.
Butler accepted it in behalf of the
city. The stores and public schools
were closed.
MOTOHI FOUGHT
Oil HISJI GAO
J. V. Cook Assailed in
West End Monday Night
by John van Pelt, Who
Will he Tried Before the
Recorder Wednesday.
A motorman named Cook, assigned
to duty on the Lake View line, quar
reled and fought on his car in Har
risburg Monday night with one John
Van Pelt, who claims, it is under
stood, that Cook used profane lan
gauge in the presence of his wife. It
seems that Van Pelt boarded the car,
accosted Cook, and a dispute arouse,
followed by fight. Cook was badly
beaten, so it is stated, about the face
and lead, and claims that Van Pelt
used knucks, but this charge the lat
ter stoutly denies. He was arrested
and will face trial before Recorder
Picquet Wednesday morning.
MR. LANHAM’S FUNERAL TO
TAKE PLACE IN PITTSBURG
Body of Young Man Who
Died in New Mexico car
ried There.
The body of Mr. Calvert Butler
Lanham, whose death in New Mexico,
was toid of in the Herald Sunday, has
been carried to Pittsburg for Inter
ment. Mrs. Lanham is in Pittsburg.
Mrs. Sa Glover, Mr. Lanham’s moth
er, has gone to Pittsburg to attend
the funeral.
TO MARK SPOT WHERE
THEODORE ROOSEVELT
BECAME PRESIDENT
WASHINGTON—That future gene
rations may know the exact spot
where Theodore Roosevelt became
president of the United States, Harry
V. Radford, formerly of New York
city, has placed a bronze tablet to
mark the place known as "Roosevelt’s
midnight ride.”
The tablet is erected in the Ad
irondacks, near the town of Newcomb.
It was on Sept. 14, 1901, while driv
ing In a buckboard along the lonely
road at 2 o’clock in the morning that
Roosevelt became president as Wil
liam McKinley expired in Buffalo.
T. P. A’S RE-ELECTED
DR. RICHARD WILKINSON
Rev. Richard Wilkinson, pastor of
St. James’ M. E. church, was re-elect
ed chaplain of the T. P. A.’s last Sat
urday night by a unanimous vote of
acclamation. Dr. Wilkinson has
served the traveling men in that ca
pacity for more than a year, and is
immensely popular with every member
of the organization.
Forecast for Augusta and Vicinity—Fair and colder tonight an d Wednesday.
AUGUSTA, GEORGIA, TUESDAY AFTERNOON, JANUARY 5, 1909.
COLLEGE GIRL
COMMITTED
SHE
Special to The Herald.
ORANGEBURG, S. C.—Miss Annie
Eliza Baxter, the 18 year old daugh
ter ot the late Felder Baxter and Mrs.
Emma Baxter of Elloree, a small town
some twenty miles from this place,
committed suicide at her home by
drinking carbolic acid.
The young lady took the acid short
ly after going to her room for the
night, and was found shortiy after by
her mother, in a dying condition.
Physicians were summoned, but the
fair young victim was dead before
they arrived.
The exact cause of her suicide is
not known, although it is stated that
she left a note in which she said
that her health was shattered, and
that she did not care to live longer,
it is also stated that other notes were
left to others, but the contents of
them has not been revealed. It is
also alleged that love affairs tvere the
cause of the desperate act. This is
rumor, however.
The young lady was at home from
the Columbia Female college, where
she is a student, spending the Christ
mas holidays.
TiOPS TIKE 111
111 RELIGIOUS
BIOTS .
CALCUTTA —Religious -riots be
tween the Mohammedans and Hindus
have taken a more serious turn and
are again requiring the active inter
vention of the British troops at Titag
hur, who fired upon the Hindu mem
bers.
HAINS WENT UNDER
CROSS-EXAMINATION
Said That He Never Saw
Funke or Andrews Until
They Came Up On the
Float.
FLUSHING, N. Y.—Thornton J.
Hains faced the severest ordeal of
his trial when, after concluding his
direct examination, he went under
cross-examination. The defendant
was ..oned on every point of his
., which he hopes will clear him
oi the charge of being a principal
with his brother, in the killing of
William E. Annis.
Continuing his direct examination
the defendant said:
“The only person I pointed my re
volver at was Mr. Roberts. In fact,
I never saw Mr. Funke or Mr. An
drews until I saw them on the float.”
Hains testified with regard to the
so-called “Dear Billy" letter which
Mrs. Hains gave to him to mail a Wz
minutes after her confession. This
witness said that Captain Hains was
standing near and snatched it from
his hand and read it. The letter was
addressed to William E. Annis.
“A few days later,” said Hains, “I
was talking with Captain Hains and
asked him what had brought him on,
and he said some letters, a few of
which I read.”
District Attorney Darrin then un
dertook the cross examination.
Hains said that his brother, in
breaking into his home on the day
of Mrs. Hains’ confession, opened
the door with such violence that he
broke a baby carriage back of the
door.
FLUSHING.—Hains said that he
went with Captain Hains to the Fort
the day after the confession and
found Mrs. Hains lying on a sofa evi
dently under the influence of liquor
The witness said that he had seen
Mrs. liain® under the Influence of li
quor at her home in Winthrop, Massa
chusetts, and at Marblehead.
'l’he defendant said: “She was
moaning 'Oh, somebody kill me. I
have ruined my home and disgraced
iny children’ I toid the general to take
Peter away and call a doctor.”
MAY USE WATER TO
CHRISTEN SHIP
Delaware May Not Get
Champagne. One Other
Christened With Water
But had Whiskey Broken
on Sides.
WASHINGTON—If the plans of the
Woman’s Christian Temperance Un
ion, of Delaware, are successful, the
giant 20,000 ton battleship Delaware,
which will be launched at Newport
News a month from Tuesday, will be
christened with water.
The battleship Kentucky, the only
vessel of her class ever christened
with water, was hit by hundreds of
bottles 'of whiskey, which were
broken against her hull by Kentuck
ians when she was sent down the
ways.
T. J. Hains' Father in Court
Sketch ivas made in the Flushing; court, hy Artist
Forsythe, anil shows the manner in which Peter C.
Hains employs himself tin ring; the taking; of the
less important testimony, in the trial of his son, T.
Jenkins Hains, for the murcler of William E. Annis
SUMMARY OP TODAY’S NEWS FROM ITALY
ROME.--The American cruiser Scorpion arirved ut Messina her
alding the relief ships which follow.
The United States consulate re-established at Messina, but the re
mains of the late Dr. Cheny and family have not yet been found.
More earthquake shocks or otlqar natural calamities nre predicted
January 7th and Bth.
The king and queen at Rome are glvlns such aid as Is possible from
the xialace.
The many living survivors found beneath the ruins of Reggio and
Messina refuse to leave for fear their treasures will be stolen.
“Not even the earthquake can blot out twenty centurleß of history,”
declares Signor Orlando, “and the city of Messina will be rebuilt.”
Estimates of loss of life are now lost sight of, although 200,000 Is
considered a conservative figure.
News of the appropriations of the American congress is hailed with
great joy throughout Italy.
Survivors continue to tell amazing stories and tales of unsurpassed
heroism.
Four battleships of the American fleet, the Connecticut, Kansas,
Minnesota and Vermont, sailed from Suez yesterday, being rushed to
Naples.
SHERIFF IN AUTO
ESCAPED THE MOB
*
OGALLALA, Neb. —Under a heavy
guard Lafayette pale, also known as
John Harry and Dale Smith, charged
with murder reached her a from Den
ver Monday night and was safely
lodged in jail. Learning that a mod
had formed here to lynch Dale,
Sheriff Beal with his prisoner left
the train at Brule, ten miles west of
here and started for this place in an
automobile.
At the outskirts of the town Ihe
sheriff was Informed that 2 000 people
were waiting at the jail and I ha) hot
heads were urging summary punish
ment. for his prisoner. The sheriff or
dered the chauffeur to go through (he
crowd and he proceeded with Sheriff
Beal standing up In the front with
drawn revolvers. The jail was reach
ed and Dale was locked up. The mob
finally dispersed.
LILLIAN RUSSELL WILL
PUBLISH LOVE LETTERS
NEW YORK—Lillian Russell has
hit on a new sensation. She has an
nounced that she is about to publish
her love letters.
“You see, I've kept them all,” she
said. “There are about, eight trunks
full, and ’lm going to publish them in
two volumes, one devoted to the
funny ones, the other to the serious
ones. And then, of course, there are
a few I couldn't publish at all.”
Miss Russell has probably received
more love letters than any other liv
ing woman, and even omitting those
that “she simply can’t publish,” they
ought to make interesting reading
For Instance last week she received
one from a Buffalo man who was in
the butter and egg business, He as
sured her that it was a “nice, clean
business,” and implored her to settle
down with him, offering as an extra
Inducement a co-partnership “if she
proved capable.”
THORNLESS CACTUS
FOOD FOR CATTLE
LOS ANGELES, flail.—Official re
ports on the first summer's field cul
tivation of the Burbank thornless
cactus declare the average results
successful. The report says the fear-,
that the thornless varieties would re
vert to the old habit of growing
thorns have been dispelled. The use
of the plant as a fodder for cattle
seems to have been established.
SOUTHERN HOTS
AMONU.EAQERS
Louisiana Student Leads
Class At Naval Academy;
Westerners Also Show up
Well.
\
ANfNAPOLIS, Mil. advance
copies of the Naval academy register
of his term show that Theodore Wil
kenson, Jr., of Myrtle Grove,La.
stands at the h -ad of the first, class
on general average. The cadets from
the far west excel in scholarship
while the Southerners are close be
hind them. The Northern, Eastern,
and middle Western midshipmen
don’t as a rule compare favorably
with their Southern anil Western com
rades in scholastic work.
U. D. C. VOTE AGAINST
EXTRA CONVENTION
■■■■■lM !■ 9
Savannah Daughters Do
Not Want to Consider
Site for Wirx Monument.
SAVANNAH, Ga. —Savannah Chap
ter Daughters of the Confederacy ul
a regular meeting voted against a ex
tra state convelntlon to reconsider the
determination to place the Wirz mon
ument at Richmond. There was an
animated discussion of the subject be
fore the vote was taken. Mrs. N. B.
Harrison was opposed to reconsidera
tion while Mrs. Hull the president of
the chapter was in favor Of it.
SANDY MELL ANSWERS
WIFE’S DIVORCE SUIT
Sensational Charges Are
Made Against Savannah
Woman by Her Husband.
SAVANAH, Oa.--Mr. W. S. Mell,
known to his associates as “Sandy”
Mell Tueday filed an answer to his
wife’s suit for divorce. It was a very
sensational answer accusing Mrs.
Mell of many wrongful acts. Mell has
recently returned from the peniten
tiary where lie served a portion of his
term for murder and his wife urged
that against him in her suit.
DAILY AND SUNDAY $6.00 PER YEAR
SICKS CONTINUE
TO 8E FELT IT
ESI
I
Fires Are Being Gradual
ly Extinguished and the
Work of Rescue is Prog
ressing.
MESSINA —Earthquakes are con
tinuing here, though they are de
minishing in intensity, at night os
pecially are they frequently felt. The
tires in the city also are being grad
ually extinguished. Thirty thousand
rations were distributed Monday. The
official figures compiled thus far show
that 14,000 bodies have been buried
in four cemeteries and that i),000 ref
ugees have left the city and that 9,000
persons still remain here. Instead ot
excavating In the endeavor to llnd
the bodies buried beneath the ruins
it has been proposed that every house
in which it is believed that persons
are buried shall be covered with
quicklime. The Associated Press cor
respondent.has made a visit to Reggio
and carefully inspected the town.
II has been found that the number
of persons killed here and the dam
age done to property is much less
than at Messina. Only the central
section of the city is damaged. Tho
official figures place tho number of
wounded at Reggio at one thousand
and refugees at seven thousand. Tho
number of dead in the ruins are not
known.
Reggio Is practically abandoned
The Bay of Reggio Is still Hfrewn with
broken boats and other debris. Num
erous persons still living, were taken
Monday frfmi beneath Ihe ruins while
voices of others could he distinctly
hoard appealing for aid. The totter
Ing buildings will bo raised and tho
bodies that have not been burled will
be burned.
AMERICAN SHIP
LEFT FOR MESSINA
PORT SAID The American mils
er Yankton Tuesday morning for
Messina will! supplies for the suf
ferers. The battleships Connect lent,
Vermont, Kansas and Minnesota will
sail for Naples as soon as they have
coaled.
MAN ELOPES WITH
HIS PASTOR’S WIFE
Having Proved the Power
of Religion Ashmond
Proves That of Love.
PEORIA, 111—After being converted
from a heavy-fisted, roaring, swear
ing steamboat, mate to assistant lead
er of the choir, Wlllinm D. Ashmond
doped with Christiana, wife of the
pastor, the Rev. Elnter C. Barr/
Mr. Barr Is head of the Peoria
Mission and often pointed with pride
a( Ashmond as an example of what
religion could do for man. The pas
tor used to say:
“He came to the mission swearing
he could lick Ms weight In scorpions
and they couldn’t make rod liquor
fast enough lo quench Ills thirst. Now
see what a meek and delightful man
he has become.”
The couple left no word as to
where the were going.
BLACK HAND BOMBS
WRECK PROPERTY
■— ' ■ «
Many Have Been Thrown
from Moving Trains and
Injured Several People.
■m.iiw. .1.. .—.I m
NEW YORK -There has been an
epidemic of bombs on Second avenue
of late. Three times In as many
weeks Infernal machines have been
dropped into the street, from the Sec
ond avenue elevated road, ami have
resulted In serious damage to prop
erty. The bombs, probably the work
of the Black Hand, were dropped from
moving trains, Insuring several people.
The police have been unable to ob
tain clews as to who threw them.
AN AIRSHIP TRUST IS
ABOUT TO ENTER FIELD
NEW YORK—An airship trust Is
about to enter the field. Preparations
are under way on Staten island for
a plant at which will be constructed
a series of mammoth balloons to be
supplied to our own arid to foreign
countries. The new concern, which
has been conducting Its operations In
secret, Is capitalized for several mil
lion dollars, and will attempt, to cor«
ner the available supply of balloons
and airships by buying out the pat
ents of private individuals who are
nos constructing craft of the air.
AGED MAN PERISHED IN
CEMETERY FROM COLD
MOUNT HOLLY, N. J.—Samuel H.
Shinn, aged eighty-two years, was
found dead In a lot adjoining a local
cemetery, where he perished in tho
cold after wandering from home
barefoot and hatless. He was men
tally unbalanced and had frequently
left home on long trips, being exposed
to the elements two and three days
at a time.
STORY OF THE ERB
KILLING TOLD
IN Ml
MEDIA, Pa. —Mrs. Catharine Belsel,
who was on the witness stand Mon
day when the court adjourned tn the
trial in which she and her sister,
Mrs. M. Florence Erb are charged
with the killing of the latter’s hus
band, Captain J. Clayton Erb, con
tinued her story, under direct exam
ination Tuesday, of tho shooting of
her brother-in-law.
She told of having been summoned
by telephone by her sister, who said
that Erb lind been beating her.
"When I got to the house," she con
tinued, "we went to my sister’s room
and a minute later my sistpr went
to tlie bathroom, saying before going
that she would tell me all about Erb
beating her since he cams home.
Then I heard Erb’s loud voice,”
She went on: "1 ran into the hall.
I saw him with a revolver. ’l’ll get
you now,’ he said, and he came to
ward me. As he came I sprang at
him.”
She said she didn’t know whether
she got the revolver then or during
the struggle afterward. She told of
tho tussle with Erb for life. How he
held the pistol toward her faco; how
she knocked it up, braced herself
against the door, released - herself
from Ills frantic embrace and how he
caught her again.
“I llred at him,” she said.
She fired and fired, she said. Then
all grew dark before her and she
did not know what happened next.
She had fainted.
The witness was then cross exam
ined by the district attorney. This
brought out nothing new.
HESOIf IS
MS [MEEKS
Russians Also Celebrate
This Day in Same Man
ner.
After the manner of their customs,
Augfinta Greeks will celebrate on
Wednesday, January f> a festival day
thai corresponds on the Greek calen
dar to Christmas of the Christians.
For weeks the swarthy Bons of
Hellas have been looking forward to
lliln day of festivity. Many places
of business will be closed. The
wealthiest Greeks will entertain thetr
friends and follow-countrymen. Those
Atigustans who have been privileged
to attend those fund tons say the
feasts are most sumptuous The
Greeks “eat, drink and make merry.”
They "blow” themselves to carriages,
riding for hours over the city. Or.
attired In new raiment, they stroll
all day, spending thoir savings hero
and there In ft reckless spirit of holi
day extravagance. Wednesday Is to
the Russians, also, a day of similar
significance, and it Is understood they
will observe it In somewhat the same
manner.
SAID HUNDLEY IS NOT
FIT TO BE JUDGE
Prominent Alabama Law
yers With Delegation in
Washington Ask That He
Be Not Appointed.
WASHINGTON—WaIker Percy, the
prominent Birmingham lawyer who Is
her< with the delegation to fight the
nomination of Oscar R. Hundley tor
the United States judgeship of the
northern district, of Alabama, said
Tuesday morning that he was san
guine that the president would heed
tiie protest of the Alabama lawyers,
a luige majority of whom opposed
the appointment of Hundley on the
grounds that, he didn’t have the ne>
es-nry qualifications for the post.
MR. HUGH HARRIS DIED
IN NEW MEXICO
Funeral of Former Augus
tan Will Take Place in
Athene.
A telegram was received In Augus
ta Tuesday announcing the death of
Mr. Hugh H. Harris in Albuquerque,
I New Mexico. Mr. Harris lived lu Au
[ giisln at one time and was well-known
! here among a wide circle of friends
■ who will be grived to learn of his
| death. He had removed to New
Mexlcb about a year ago and held a
responsible position with the fores-
Iry bureau.
Mr. Harris was desperately ill two
|or three months ago but seemingly
j recovered, and delighted his friends
in Augusta by sending them Clirist-
I mas letters of a cheerful tenor. Ths
| unexpected telegram ’announcing hia
j death therefore came more as a shock
| than it otherwise would have. The
| : legrant was received by Mr. Harris’
| cunt, Mrs. Charles H. Phlnlzy. it
| contained the Information that the
I funeral would take place at Athens,
| Mr. Harris’ former home.