Newspaper Page Text
THE AUGUSTA DAILY HERALD
VOLUME XIV., No. 12.
WILKINSON AND BROOKS
CLASH BEFORE RECORDER
MINISTER RESENTED RE
MARKS OF ATTORNEY WHOM
HE HAD DISCUSSED
IN CHURCH
RECORDER GOT IN IT
Case in Which Clash Oc
curred Was Continued
Until Tuesday
Afternoon
The hearing of the blind tiger cases
in police court Tuesday morning was
enlivened by a passage between Rev.
Richardson Wilkinson and Attorney
Louis Brooks, to whom Dr. Wilkinson
referred in his sermon Sunday night.
Mr. Brooks was representng some of
the defendants durng Ihe tral of the
case aganst John J. Dunn was beng
heard, the controversy began.
Mr. Brocks had said that if the good
doctor referring to Mr. Wilkinson,
who wrs sitting just across from him
could t if. r him another means of a
livelihood, he would give up the prac
tice of law, but until , that time he
would practice and it was his duty
to defend anyone who desired his ser
vices. .He said that it was his duty
to defend these men and he was go
ing to do it. He said that people
may call him a dirty lawyer, but al
though he may possibly have been in
discreet in his youth, his reputation
was good, and he defied any man to
prove to the otherwise. He said that
if defending the men who are charg
ed, with selling liquor was making
him a dirty lawyer, then he was a
dirty lawyer. •
He told about defending a man a
a few days ago, who had been asso
ciated with the police for forty years.
He said he defended the man without
any hopes of getting any fee and the
man was not able to pay the fine and
now was lying on his back in an al
most dying condition. He said he
could see nothing dirty in defending
that man. He “spoke of the Greek,
who was recently convicted. He said
the GVek was in jail. His goods had
been washed away in the flood and
his wife was at her home begging for
bread to feed her children. He said
if defending that poor man and trying
to help the wife out was dirty he was
glad he was dirty.
Judge Picquet interrupted him at
this point and told him to address
his remarks to the court.
Rev. Richard Wilkinson arose and
thanked the court for speaking to Mr.
Brooks and said he had intended to
do it. He said that he gave honor
when honor was due and said there
was not a man in the city of Augusta
who could call him down. He said
the Christian Ministry never used the
term dirty lawyer. He said he had
never used it. Dr. Wilkinson speak
ing to Mr. Brooks said he did not deal
with personalities and he would be
greatly obliged to Mr. Brooks if he
wonld leave his name out of his ar
gument.
Mr. Brooks then said that the paper
stated Dr. Wilkinson said he was a
dirty lawyer and asked for a Herald.
Dr. Wilkinson said the, Herald did
not say he said Mr. Brooks was a
dirty lawyer and that there was no
use of getting the paper, because it
was not in it.
DR. WILKINSON
TOOK NOTES.
Dr. Wilkinson told Mr. Brooks he
was taking notes of his taik and that
he was going to use it Sunday night
and he would be glad for him to
come down and hear what he had to
say about it. Mr. Brooks continued
his argument and said he wanted to
know how far the officers could go
with the search warrants. He said
the warrants were only to search for
stolen goods. Judge Picquet told him
that the appellate court had recently
decided that the evidence found when
the place was searched with a war
rant it could be used as evidence.
Mr. Brooks said that if the whiskey
was found in another part of the
house, from the place the warrant
called for the officers had no right
to go in there, and he could produce
authorities to prove it. Judge Picquet
said he differed from him and he
would adjourn court until Tuesday as
ternoon to give him a chance to pro
duce his authority.
The case of John H. Kahrs and
J. A. Stewart were continued until
Wednesday as the attorneys in the
cases were not ready for trial. The
case of John S. Carswell was tried.
He was found not guilty.
In the case of Dunn Sergt Reynolds
testified that he feund whiskey in the
rear of the building in which Dunn
kept a store. Mr. Brooks, the attor
ney for Mr. Dunn then asked the
court that the search warrant on
which the place was searched be pro
duced.
The officers said they did not have
the warrant and Mr. Brooks asked
that they produce it. Judge Picquet
said Mr. Brooks would have to have
a subponea to get the warrant. Mr.
Brooks said he did not see why, as
it was part of the evidence, judge
Picquet overruled the motion.
Sergt. Reynolds testified that the
clerk accepted a list of the goods
and helped to pack the stuff in the
bo*ey,g He also testified that the
whisk"., was not found in the store. !
but in a hall way two doors away
from the store, but in the same build
ing.
Mr. Seago testified he went into the
place and* bought a half pint of wbls- i
on page seven.)
Mr. and Mrs. Sidney Smith
/sUU \ % ilfif
Sidney J. Smith and wife,
who have been prominent
in New York and Newport
society, and who are about
I to be separated as a result
'of divorce proceedings in
stituted by Mrs. Smith.
MPT. J. D. MIPS
LEKMSDII
CLEMSON COLLEGE, S. o.—Cap
tain J. D. Minus, commandant of ca
dets at Clemson tendered his resigna
tion Monday to take effect at once,
he gave no cause for this immediate
action, the resignation was accepted
by President P. H. Mell, with regrets
and Mr. A. Bramlett, assistant pro
fessor of mathematics and a grad
uate of the South Carolina Military
academy was appointed commandant
pro-tem. Capt. Minus was recently
retired by the war department but it
was generally supposed that he
would continue to act as command
ant at Clemson, therefore his sudden
resignation' came as a surpris'e.
The community at Clemson as well
as the cadets regret to see Captain
Minus leave as he has won the ad
miration of those with whom he
came in contact.
BEGGAR HID BIG
HI jF Hie
Deaf Mute Loitering on
Street Had Over a Hun
dred Dollars.
Henry Semore, a deaf mute was
before Judge Pictquet Tuesday morn
ing charged with loitering. The of
ficers testified he was begging on the
streets. When searched at the bar
racks the station officers found $lO-3
tucked away in one of his coat
pockets. The money was in bills
of large demoninatlons. Judge Pic
quet stated he could not send that
man to jail, so he had Sergt. Huchan
nan to write to him that he must
leave town in 24 hours. He will
leave on a night train.
FRENCH MURDERERS
WERE DECAPITATED
First Inflictions of Capital
Punishment Witnessed
in Some Time.
BETHUNE PAS DE CALAIS,
France —The first inflictions of capi
tal punishment in France for a num
ber of years were witnessed here Mon
da/ when lour murderer- w«-re do
capitated by gullotine. The executions
were made In public, and took place
in the presence of a large crowd.
Forecast for Augtista and Vicinity—Fair and Much Colder Tonight end Wednesday, Hard Freeze Tonight.
AUGUSTA, GEORGIA, TUESDAY AFTERNOON, JANUARY 12, 1909.
AUGUSTA BAR HAS BEEN
FOREMOST IN STATE HISTORY
Address of Judge Cobb To
Bar Association Tuesday
Was a Masterly One.
The annual meeting of the Au
gusta Bar association was held Tues
day at 12 o’clock in the superior
court room at the Richmond county
court house. Features of the occa
sion were a most eloquent and mas
terly address, delivered by Judge An
drew J. Cobb, a former justice of the
supreme court of Georgia, and the
presence of President-elect Taft, who
occupied a seat on the rostrum, near
Maj. Black, president of the associa
tion, and listened attentively through
out the speech.
All routine business was postpon
ed until the first Tuesday in February
at which time officers will be elected,
committees will make report, resolu
tions will be introduced, etc.
The title of Judge Cobb's address I
was: “A Brief History of Trial by!
Jury in Georgia, with some reflections'
on the jury system, and other mat
ters.”
In his introductory remarks, the
speaker paid a glowing tribute to the
Augusta bar, esteeming it a privilege
said he, to appear before the associa
tion on suen a distinguished occa
sion.
He spoke, in part, as follows:
Mr. President and Gentlemen of the
Augusta Bar Association:
“I esteem it a high privilege to ap
pear before this Association.
“The Augusta Bar has a history
beginning in the early days of the
Colony. The biographies of its mem- j
bers would constitute a history of
Georgia and embrace many of the im-!
porta'nt events in the history of the |
Union. In nearly every important
event in the public history of the
state, members of this Bar have been
actors.
“From the first session of the Con
tinental Congress to the Assemblage
of the legislature of Ssate charged;
with the duty of carrying into effect j
its latest constitution, in every as
sembly both State and Federal upon
which was imposed the duty promul
gating or carrying into effect a State
document of epoch making character
the Augusta Bar has furnished a mem
i her.
“It has furnished Governors and
Legislators to the State, Senators and
Representatives to the Congress of
the United States, and Senators and
i Representatives to the Southern Con
| federacy.
It has furnished Cabinet officers to
the Union. Judges and law officers
to this State, other states and the
United States.
“More thanj this it has furnished
those who were so wedded to the
duties and responsibilities of the pro
fession that they could not be drawn
away by the allurements of public of
fice, whose lives and characters are,
and will be a stimulus to all who de
sire to make their walk through life
honorable and useful.
“The Augusta bar stands today for
all that is highest and best in the pro
fession, and is constantly seeking
those high ideals that were contended
for by its members in the past.
“I repeat it, I esteem it a high I
privilege to be permitted to appear
before a bar with such a present and
such a past, and count myself for
tunate that I may be thus connected
with its traditions and its endeavors.”
Judge Cobb’s historical sketch be
gan with the jury system as it existed
in England when Georgia was founded
by Oglethorpe. He traced the devel
opment of the jury system through
English courts, its subsequent enlarge
ment by the American colonies, re
ferring to various authorities, and oc
casionally citing decisions as handed
down by higher courts on cases ap
pealed.
The sketch was conoise, remark
ably accurate, and altogether inter
esting, but the most notable feature
of Judge Cobb’s address were his
“reflection on the jury system,” and
subsequent keen criticism of many
phases of the system as now in
vogue.
“Jury service must not be a bus
iness or calling,” said he, “ and the
laws of this state are now so fram
ed as to eliminate from the service
so far as possible the juror who is
tempted to make this service his avo
cation. When a juror becomes an ex
pert he should be eliminated from
the jury list.
“But it is said that juries some
times make terrible mistakes. This
may be conceded. The mistakes of
jurors are at times grievous. Judges
also commit errors and make blunders
that the great. Juries make mis
takes, but their mistakes are proba
bly no more numerous or more disas
trous to parties and the public than
the mistakes of judges.
“I do not say that, no better trib
unal will ever be devised, for it is
better not to discredit the ingenuity |
of man. Some may say that in what. -
I have said I gave voice to the views j
of an expert and thus stand condemn-,
ed already by my own words. I speak
as a practitioner and as a lawyer.
While I have admitted that a lawyer j
is an expert, It has been shown that
he is not. an expert of near so offen
sive character as a judge.”
Summing up his argument at the'
conclusion of his address. Judge;
Cobb said:
“Let us not be deterred from ad
vocating different remedies for the
evils that are to bp encountered in
the administration of the law, mere
ly because some who do not appre
ciate the variation In conditions may.
clasß It as illogical and inconsistent.
“ ‘O, Consistency, thou art a jewel'
is the utterance of a poet r-ev
sive of that which can only have im
origin in the reflection of a dreamer,
—and is oftener quoted to deter one j
from passing from error to truth, than |
TILLMAN WILL
WAGE Wl i
ROOSEVELT
WASHINGTON— Immediately fol
lowing his vigorous attack upon Pres
ident Roosevelt Monday Senator Till
man inaugurated a campaign of “puri
fication” in regard to the White
House. The Senator has already re
ceived much correspondence express
ing sympathy and volunteering infor
i mation which will serve materially in
j enabling turn to "show up” the presi
i dent as he threatened in his speech
j Monday, its said. It is understood
that the post office department and
Panama canal will bo chief targets
of the Senator’s activity.
CAROLINA SENATE
ESOORSES TULIN
Special to The Herald.
I COLUMBIA, S. C. —Both houses of
j the general assembly which assemb*
j led at noon Tuesday passed unani
| mously resolutions heartily endorsing
Senator Tillman’s course in his con
troversy with the president and ex
pressing the utmost confidence in
him. The resolution in the senate
; was offered by Senator Clifton, of
j Sumter, that in the house by Repre
' sentative Jno. G. Richards, Jr., of
Kershaw.
MITO PLEADS
FOB INS' LIFE
NEW YORK—John F. Mclntyre
began his plea to the jury for the
life of T. Jenkins Hains, who is on
trial for the murder of Wm. E. An
nis, in Tuesday’s session of court at
Flushing. He warned the jury that
I hey were the judges of the guilt or
innocence of the defendant and the
judge could not decide. lie declared
that Capt. P. C. Mains, Jr., was in
sane when he shot Annis.
AUGUSTA MINISTERS
SET THE EXAMPLE
Now the Pastors of Char
leston Plan a Wai* on
Iniquity In the Carolina
Port.
CHARLESTON, S. C.— The Char
leston ministers are threatening and
in fact, taking preliminary steps to
more active participation in the en
forcement of the liauor laws. The re
cent conference between the Charles
ton Minifitrial union, composed of
members of the Evangelical denomi
nations and the clericus of Episcopal
ministers, looking for a stricter ob
servance of the Sunday laws was Ihe
beginning of the ministerial interfer
ence. Then, came Presiding Elder W.
I. Herbert's attack on the police de
partment for not. enforcing the laws
against liquor and gambling and now
the ministerial union proposes an
other conference with the Episcopal
clergy, looking towards a general
meeting when the system of fining
the blind tigers and the gamblers
which practically amounts to license,
.will be called up for consideration
and actively opposed. The Charles
ton ministers are taking courage from
the clergy of Augusta In actively
standing for the enforcement of the
liquor laws.
those Inclined to pass from light un
to darkness.
“If all judges, all legislators, ail
makers of constitution had been for
ai! time both logical and consistent,
what, would be the condition of the
world today?
“What is more illogical and incon
sistent. that, the dual form of govern
ment, we live under; still it will last
as the limitations of the constitution
are respected and obeyed.
“Remove the inconsistencies, frame
each clause In the consltiutlon, sec
that, its verity may be demonstrated
in a syllogism and our constitutions
are at an end.
“Let. us hear the conclusion of the
whole matter: in controversies be
tween citizen and citizen, or between
the public and the citizen, where the
Integrity of the court is no part of
the controversy, It is wisest to allow
the jury to be Interposed to determine
the questions of fact In the final is
sue.
“In controversies, where the very
existence of constituted authority is
imperiled the Judge, the exponent of
the lßw, the representative of govern
ment, should be left with a hand free
to protect the structure which is con
fided tp his care.”
The address was receved wth ftp
most intense interest and Judge Cobb
was accorded an enthusiastic ovation
after the close of his remarks.
BIDS WERE OPENED
FOB TIE CENTER
STREETWISE
Bridges, Rivers and
Wharves Committee Met
at Noon Tuesday. Twenty-
One Firms Compete. To
Award Contract Wednes
day.
The bridges, rivers and wharves
committee of city council met at,'l2
o'clock Tuesday to open bids for tho
material and construction of the Cen
ter street bridge. Twenty-one com
peting firms were represented. Com
missioner Nisbet Wingfield, of .public
works, will be at work throughout
the rest of the dnv, and night in all
probability, examining the various
plans, and the committee will re
convene Wednesday morning at 10
o’clock lo award a contract.
Commissioner Wingfield was busy
all clay, preparing for the work of
opening bids and going over the
same. Quite a number of firms wore
represented In person, while others
hid by letter. It is probable that
several representatives will remain
over in the city until Wednesday
morning, to hear news of the award.
By reason of the great number of
bids, it is the opinion of Commission
er Wingfield that the city will save
at least 15 per cent on the cost of
ihe bridge. Just at this season of
the year, even the largest const ruc
tion firms experience a decline in
business, and contracts of small con
sequence are eagerly sought after.
Specifications call for furnishing
all labor and material and construc
tion complete, except piers, a steel
bridge with draw span over the Sa
vannah river, at Augusta, Georgia, at
the extension of 6th (Center) street.
There will be eight spoils of a total
length of nine hunured and twenty
eight feet.
The bids ranged from $21,148 to
$44,790. The following are the
names of the bidders:
American Bridge Co., New York
City; Attica Bridge Co., Attica, Ind.:
Converse Bridge Co., Chattanooga,
Tenn.; Carolina Engr. Co.; Gould
Construction Co., Nashville, Tenn.;
Joliel Bridge & Iron Co.; McClintlc-
Mar.Jiull Const. Co.; Pottstown, Pa.;
Midland Bridge Co., Kansas Cily,
Mo.; Missouri Valley Bridge & Iron
Co., Vicksburg, Miss.; Nelson-Merl
doth Co., Chambersburg, Pu.; Oswego
Bridge Co. Ottumma Bridge Co.
New Orleans, La.; Pan-American
Bridge Co., New Castle, Ind.; Penn.
Bridge Co. Beaver Falls, Pa.; Roa
noke Bridge Co., Roanoke, Va.; York
Bridge Co., York, Pa.; Crafts &
Smith, Dudlin, Ga ; S. W. Bowles Co.,
New York; Riverside Bridge Co.,
Martins Ferry, O.; Grant Wilkins, At
lanta, Ga.
ATIIIMIRE
10 SEE JUDGE TUFT
Come To Submit Program
of Two Days Atlanta
Trip.
Mr. D. Woodward and Dr. W. S.
Elkin arrived in Augusta Tuesday
morning bringing with them the ten
tative program which has been draft
ed to cover lhe two days visit, of
kludge Taft to Atlanta. The program
was gotten up by the committee of
arrangements of the Atlanta Chamber
of Commerce.
The Atlantlans will see Judge Taft,
late in the afternoon and submit the
program to him and incorporate in it
any changes he may suggest. They
state that it has been decided not to
sell any tickets to the banquet after
Wednesday night. After that, time
the caterer ill arrange the tables to
suit, the tickets sold.
Judge Taft attended the annual
meeting of the Bar association in tht
morning and played golf in the after
noon.
Mrs. Taft will leave Thursday for
New Haven, where she goes to at
tend a function of the class of Yalo
of which her son Robert is a member.
Mr. Taft was asked by the Atlanta
delegation to return to Atlanta after
; going to Athens Saturday morning
| and attend a reception at the Capital
i city club .Saturday nlghC He con
j sented. He will leave here Friday
| Morning and return Sunday morn
| Ing.
SOCIALISTS PROTEST
AGAINST SENTENCES
Hold Mass Meeting to Con
tribute to the Defense of
the Labor Leaders.
NEW YORK A monster mass
'meeting to protest against thy Jail
sentences passed upon Gompers, Mit
ch' II and Morrison will be held at
Cooper Union Tuesday evening under
ithe auspices of the Socialist party.
1 Socialist leaders declare that they
(have not forgotten the aid given to
Moyer, Haywood and Petti bone by
the members of the American Fede
ration of I.abor, and that Socialists
I will contribute liberally to the de-
I tense fund for the federation leaders.
DAILY AND SUNDAY $U.0.3 PER YEAR
GOV. ANSEL WILL ADVOCATE
STATE PROHIBITION
m pm no him
1 LMl*o®l
1 MEW MET
mm
HUNTINGTON. W. Va.—Another
explosion at the Lick Brantlt miin
of tin Pocahontas Col lories company
its feared Ims entombed fifty men
Tuesday morning, fifty people were
hilled by an explosion in this mine
two weeks ago.
Later advices from Branch
mine say 100 men were ®llod in tho
mine explosion.
PITSI'S
CISL CALLED
TUESDAY
SAN FRANCISCO—The ease of
Patrick Calhoun, the president of the
United Railway company, formerly of
Georgia, was railed in Judge Laf
fer’s courl Tuesday. He Is charged
with bribing city officials in connec
tion with granting a franchise of Ills
street railway company.
M. MELT
AGAIN GETS IN
HOTWATER
WASHINGTON—The President’s
order withdrawing marines from ships
and assigning them to shore duty has
aroused defiance In political quarters
It Is declared on high authority,
and from hearings before sub-cornmli
tre on naval affairs, I hut strenuous
efforts will he made to secure the
nullification of order by proposed en
actment of a law re assigning marines
to service afloat.
PROHIBITION BILL
IN TENNESSEE
IN SENATE
NASHVILLE, Tenn. All political I
interests In thin tato today centered :
on the action of the senate. The!
Holladay statewide prohibition bill j
was up for final action In that body I
arid every Inch of ground wan con- j
tented by opponents of that measure, i
Today’s scenes in senate promised j
to be the most exciting and dramattic!
ever witnessed In iegllatlve body In
this state.
It Is generally understood the vote;
on the final passage of the bill will i
be reached Tuesday afternoon.
UNINci,
DECUES SHEDiEF
1
Suicide of Rev. John Car
michael Sets Officers To
Work on Causes of Mur
der.
CARTHAGE, 111 —When the offi
cers attracted here by Inc suicide of j
Rev. John llaviland Carmichael, th<
self-confessed slayer of Gideon ;
Browning at nattlerun, Mich., have'
j fully satisfied themselves as ", the I
circumstances attending the lam net I
in the tragedy, It Is expected that !
the inquiry will turn to the possible j
motive for Initial crime.
Sheriff YWgenseil, who is making
the Investigation, is convinc'd ther*
was a woman In the ease.
The gem ral tendency set nt; to be
to accept the theory of mental Irr---,
sponsihillty until tangible develop
ments tend to overthrow it.
Message To Legislature
W ednesday Will Come
Out Flatly For Abolition
of County Dispensary
System.
Special to The Herald.
| COLUMBIA, S. C -Governor Ansel
.aid tills morning that be expected to
i transmit his annual message to the
| legislature at the noon hour Wed
nesday.
h 1 i>ui his message of the last, ses
sion one nitty gather a fairly accurate
Idea of what will be If.s recommenda
tions along most lines; but that
"’loch makes ills formal opening com
munication to this general assembly
most eag( rl\ awaited Is the general
beliel that in It he will come out
flat-foot edly" for the enactment of a
state-wide prohibition law. It is
well-known that all along Mr. Ansel
itas been at heart a prohibitionist,
and that he has in the past advocated
;ocri option between county dispen
saries and county prohibition only
because ie did not deem the tiioo
ripe for stun wide prohibition; he
thought locul option expedient but
this did not affect his helief In pro
hibition as the ideal condition.
II is worth while to review his mes
sage of the last session, not only for
the purpose of comparing it with to
morrow's message, but to gain an
Idea as to what will be the main rec
ommendations of the forthcoming
communication.
legTslature OF
CAROLINA IS 111
SESSION
Special to The Herald.
COLUMBIA, 8. C.—Both houses of
the 1908-09 Legislature convened at
noon today for Iheir first session. In
•he Senate W. L. Mauldin of Green
ville was elected President protein,
vice Cole Biease, of Newberry, who
did not return.
Mauldin received 20 votes to 10 for
Senator T. Y. Wiliams, of Larraas
tor.
For Clerk Elbert If. Anil of New
berry, Ed. Decamp of Gaffney and
Marvin Mann of St. Matthews were
candidates. The result after 12 bal
lots being Mann's election. Vote was
Man 27, Anil 13, Decamp withdrew.
Governor Ansel’s annual message
will be read at noon tomorrow. Rev.
A. N. Brunson was elected Chaplain
over Rev. 8. R. Bass by vote 34 to 5.
In the house, Mendel Smith of Ker
shaw took Chair and was later elect
ed Chairman protem for session.
Richard 8. Whaley of Charleston wus
re-elected Speaker without opposi
tion.
For Clerk James A. Hoyt, of tho
News and Courier and Wilson Glbbei
former assistant Clerk were nomi
nated and Hoyt, was elected by a vote
of f>B to 86. Speaker Whaley made a
brief address.
-
BIG NEGRO BRUTE
ASSAULTED MUTE
Special to The Herald.
SAVANNAH, Ga.—Andrew Allen ti
| negro employed at the Union Station
iis a porter is under arrest on a ser
ious charge. |i la alleged he crimi
nally assaulted Ersle Watson, a ne
, gro girl about ten years old, who is
Ja deaf mute and very simple. Tho
negro stoutly denies the charge.
TIILHMI INSISTS
03 FULL HEARING
WASHINGTON, D. C - Much In
terest is manifested by senators in
|Hu procedure that will be adopted
io dispose of the charges made by
the president against Senator Tili
man in relation to his attempted pur
ehase of timber lands in Oregon. Mr.
Tillman insists that he shall be "con
vteted" or cleared of the president's
i hair Conference were held to
de'ernilne the best course of proce
dure and It I expected some plan
I will lie agreed upon.
MICHAEL J- BARRETT DIED
IN SAVANNAH TUESDAY
SAVANNAH .Ga. —Michael J. Bar
rett, hoarding officer of the United
Stall s Custom House, state warden
In the Knights of Columbus and form
vr state treasurer of the Ancient Or
d r of Hibernians dl d Tuesday morn
ing He had been 111 Bert ral weeks.
He leaves a widow, formerly Miss
O'Connell of Macon and three child
| ren. j