Newspaper Page Text
THE AUGUSTA DAILY HERALD
VOLUME XIV., NO. 19.
CLEMENCY ASKED FOR BAUM
JUDGE SPEER ASKS COOPERA
TION OF CITIZENS IN EN
FORCING LIQUOR LAWS
Petitioners Decline to Sign
Statement and Sentence
of Baums Still Stand.
Tuesday morning in the United
States court, a modification or sus
pension of the sentences of Julius
Baum and Marcus Baum was asked
by Mr. C. H. Cohen and Judge J. R.
Lamar. The defendants were last
W'.-elt convicted of engaging in the
business of retail liquor dealers with
out paying the special tax to the
United States. When the matter was
liesented, Judge Speer said:
“A gentleman who came to see me
yesterday, for whose opinion I havrf
great respect, left me with the under,
standing that there would be such an
expression of support of the law rela
tive to the tariff in intoxicating liq
uors by the best men in this com
munity that I would feel justified per
haps in showing very great clemency
to the cider Mr. Baum. I had a
talk with him, and I told him that
if he wculd get fifty of the best men
in this community, including the state
and county officials, to sign a paper
like that which I have in my hand.
I wculd do all I could for the old
man.” The undertaking which I have
just read is as follows: “We the un
dersigned citizens of the city of Au
&custa do hereby in open court make
our solemn and sacred pledge and
promise to the presiding judge, that
in consideration of certain clemency
he will show to our fellow citizen,
Julius Baum, now under conviction
for violation of the internal revenue
law, that we will hereafter do all we
properly can as citizens of the state
and of the United States to stop the
violation of all laws, both state and
United States, prohibiting or restrict
ing the sale and traffic in intoxicat
ing liquors of all kinds; and we will
oppose the continuance in or elec
tion to office of any official, who eith
er encourages or ignores the continu
ance of said violations in this city
and county, and in the northeastern
division of the Southern district of
Georgia. We make this pledge in all
goed faith, and purpose actively to
(bserve and keep it.”
Npw, I ask nothing but the active
interposition of the best people in the
enforcement of the law.
CITIZENS ARE
LAW-ABIDING.
Mr. Cohen offered to introduce tes
timony as to the standing and char
acter cf the elder Mr. Baum in this
community for a number of years,
and said: “The witnesses are all
here in person before this court, and
they are here, if your honor chooses
to use this as an occasion to get
their co operation in the enforcement
of the law. But that is for them to
say, and I am satisfied that the citi
zens of Augusta are in favor of the
law's enforcement. If you honor has
such an apprehension, it is a mis
taken one.”
Judge Speer replied:
“I do not purpose to go into that
I made no reflection on the people.
I am merely asking their assistance.”
Mr. Cohen said:
"It is not that I do not want to
sign the paper, but I am not the peo
ple of Augusta. I am here with my
brother attorney to appeal to your
honor's heart.”
MUST HAVE
THESE PLEDGES.
The court said: "I state the grounds
on which I will exercise all the clem
ency I can in favor, of this old man,
whom really I am anxious to serve.
But I cannot obviate or obliterate
the example of this conviction unless
I am assured that I am going to
have the support of the best people
in the enforcement of the law. I
have no axe to grind in the matter.
I am merely laboring for the welfare
of this people and the future of its
youth. These are conditions not pe
culiar to Augusta, but they exist ev
erywhere. I will tell you that if the
fathers and the men of this commu
nity generally permit any one of our
well-known and well-settled state
laws to be ignored and to go tin
whipped of justice, they will be sow
ing the wind, and they will reap the
whirlwind in the misconduct of their
sons and the degradation of the com
munity hereafter. You cannot disre
gard one law without degrading a
whole community, especially where
it is an important law for the mor
ality of the people.
CANNOT GET
SIGNATURES.
Mr. Cohen said: "I appeal to thi
court to give me a hearing; I do not
know that I hare the right to re
quire the prominent citizens of Au
gusta to sign this paper.”
Judge Bpeer said: "You are not the
gentleman who promised to do so.
The gentleman was Mr. Jacob Phin
izy. Having been mayor of the city
and one of the most prominent citi
zens, I am sure he said he had no
doubt of signature, if such a paper
were presented.”
JUDGE LAMAR
SPOKE STRONGLY.
Judge Lamar then arose, and spoke
vtth strong protest against the re
quirement of such an undertaking as
a condition of olemency. His lan
guage was as follows: "I trust that
th will not oendttion the grant
inLV of clemency to this eld gentle
man on the eigateg of that petition.
NEGRO PREACHER
CONFESSED
MURDER
SUFFOLK, Va —Rev. Ernest Lyons,
the colored preacher who was sen
tencea to 18 years in the pen for the
murder of Rev. James confessed his
crime and implicated six others.
Lyons wanted to be pastor of Smith's
church and killed him.
I would not sign that petition rny
-sen. That petition, it seems to me,
would be a reflection on this com
munity. To put the right of mercy
and clemency upon the fact that he
can get ten, or five, or one man in
the city of Augusta to sign it, I do
not. think it is a thing that we can
ask; and personally, I would not ask
a citizen of Augusta to sign it, and I
trust that the court will grant the
clemency upon the fact that the peo
ple of the city of Augusta are, by vir
tue of their citizenship, compelled to
sustain the law, and a jury of Rich
mond county by the conviction of this
man have shown that they are in fa
vor of the enforcement .of the law.
We are appealing not to the citizens,
but. to the court to temper justice
with mercy. You have had justice
and the enforcement of the law.
Here, these men are. not asking that
the law be set aside. These citi
zens are coming here after the law
has been administered. These men
have the condemnation of the law put
upon them, and we are asking the
court not to impose sentence in con
sideration of the fact that one is an
old gentleman seventy years of age,
suffering in ill health. We come,
not as a community not standing for
law,_ but as a community who are
enforcing the law, and asking that
mercy be administered along with
justice.”
NO REFLECTION
ON COMMUNITY.
Denying any such reference to the
community as that ascribed by Judge
Laniar, the court replied as follows:
“There is not one syllable in this
paper, which is a reflection upon the
city of Augusta. It is merely an ef
fort on the part of the court to se
cure a guaranty from the leading
men of this community that the laws
relating to the sale of liquor shall be
enforced. The court as a Judge of
(he United States needs assistance in
the enforcement of obedience to this
law, for if the state laws are not en
forced, the United States laws can
not be enforced. In a county of my
district, already so open and flagrant
is the violation of the laws of this
state that we have to send to other
counties to get impartial jurors to
try important cases in which tho
rights of the government and tho
rights of the people generally are in
volved ,
MANY HERE
VIOLATE LAW.
I. understand that there are a goon
many violations of law here, and the
good people are doing all they can to
put them down. I am not here mere
ly to administer justice and to do my
duty as a Judge, hut as a citizen of
Georgia, and if in the exercise of dis
critionary power I can aid you, and
further the cause of that temperance,
which is so essential to the solution
of all the great problems before us,
and which, if we do not have it in
the south, will result in catastrophes
disastrous to the nation at. large, 1
will do so. If I can obtain such as
sistance in any particular case, I
deem it my duty to do so. I do it
as a Georgian loving my people. Gen
tlemen, it strikes nte, are very quick
to see something reflecting on the
people of this community. While
(he paper has been hurriedly writ
ten, the most critical scrutiny will
fail to disclose any such reflection on
this community or the people of Au
gusta. If the gentlemen are not dis
posed to meet the court in this ef
fort, we will not go further with the
hearing, and we will let the law take
its course.”
The question was then left to the
consideration of counsel, and the
(rial of the Shedd case was resumed.
EARTH SHOCK
FELT JIHURKEY
SMYRNA, Turkey.—A sharp earth
quake shock was experienced hero
Tuesday. There was no local dam
age. Reports received hero from
Phocaea, twenty-five miles to tho
northwest, say a number of houses
fell and three persons were killed.
Buildings were damaged in other
towns.
FOUR PRISONERS
ESCAPED FROM JAIL.
PITTSBURG—Last night four pris
oners escaped from the jail at Wes
ton, W. Va., two from jail at Mounds
ville, W. Va. and two from the Jail at
Charleston.
The Weston prisoners beat, the
warden'* wife, and she is in a serious
condition.
Forecast for Augusta and Vicinity—Fair tonight and. Wednesday.
AUGUSTA, GEORGIA, TUESDAY AFTERNOON, JANUARY 19, 1909.
MILLIONAIRESS WEDS BUTCHER
' '' ' t
Mrs. Joseph Jones, who was left a fortune of a
million dollars by her husband, a New York shirt
manufacturer, has married Moses Mendel, Jr., a
poor hut honest butcher of Elizabeth, N. J.
Mill DEGREES
BELOW ZERO 111
NEWYORK
, NEW YORK.—Two persons perish
ed in fires in the east side Tuesday
and two are dying of the 41 families
driven into the cold and 12 families
were rendered absolutely homeless.
The temperature which is ten de
grees below zero caused much suf
fering of the poor in New York. Mon
day and Monday night was the cold
est of the winter.
C. J. HUGHES, JR.,
ELECTEDJENATOR
DENVER, Colo. —The house and sen
ate voting separately elected Chas.
J. Hughes, Jr., United States senator.
The election will be completed Wed
nesday.
MR. HARRIMAN IS
STILL IN AIKEN
Railroad Magnate Has Not
Yet Moved To Hampton
Terrace.
Mr. E. H. Harriman has not yet
showed up at the Hampton Terrace
hotel. He was expected Monday af
ternoon, and the management sent a
private trolley car, on special sched
ule, to Aiken that he might make
the trip on fast time, but the car
came hack empty.
It is known that Mr. Harriman is
in Aiken, but more than that few
people have learned.
The management, of Hampton Ter
race expect Mr. Harriman to pay the
great hostelry a visit within the next
two or three days, and it is even re
garded as altogether probable that he
will divide his time between Aiken
and the big hotel in North Augusta.
Mr. and Mrs. M. P. Perry of New
York arrived at the Terrace Tuesday.
MAJOR PALMER WILL
BE HERE THURSDAY
Major F. L. Palmer, inspector-gen
eral of the state, and a representa
tive officer of the regular army, will
be here Thursday afternoon to begin
the annual inspection of Augusta’s
National Guard companies.
Armory hall and property will be
inspected Thursday night, and on
each day following, until Tuesday,
an Inspection will be held.
Saturday. Major Palmar will deliv
er a lecture on wHftary laws and
discipline. Non-commissioned offic
ers are invited.
The inspections will be finished on
Tuesday night. Major Palmer goes
from here to Waynesboro.
MRS- LAURA TANKERSLEY
HAS PASSED AWAY
Mrs. I .aura Tankersley, an aged
lady, died Monday night at a ripe old
age, and after having being ill for a
long time. She was a sincere Chris
tian woman, and well known to many
Augustans. The funeral will take
place Tuesday afternoon at 3 o’clock
from the cemetery chapel, r
FIRE BURNING
IN MESSINA
INS
MESSINA. —A fire broke out among
ruins. The remains of Pennesi Pal
i ace fell and added to the conflagra
tion.
The flames are spreading in spite
of the work of the soldiers to con
trol them. The situation In serious.
The odor of burning flesh mingled
with smoke, and it is feared that peo
ple yet alive are being consumed.
The Duke of Genoa made a heroic
rescue of a demented woman.
MAN HUNTED IN TWO
COUNTRIES IN TOILS
President of Company,
Which Was Three and a
Half Million Dollars
Short, Surrendered.
PITTSBURG. Pa.—P. .1. Keiran, a
promoter for whom the podice of two
continents have been searching for
two months, wanted in connection
with the failure of the Fidelity Fund
ing company, which he is president
of, surrendered and gave bond. He
said he would endeavor to straighten
out the affairs of the company. Many
Catholic societies were heavy losers
by the failure which involved a short
age of three and a half million dol
lars.
COUNTY OFFICERS ASSIST
THE POLICE IN CASES
When the case of George Oxford
charged with violation of the prohi
bition law, was called In the city
court yesterday, his attorney, Hon
Wm. H. Fleming, entered a plea of
guilty and asked for a moderate fine,
as the case had been worked up by
the police department and the city
officials.
Judge Eve interrupted him and
said: "It is impossible for me to
keep silence, for fear that my si
lence might be construed acquies
! cence to the remarks of Mr. Fleming.
1 1 want to say that the city officials
land the peliee department have co
! operated with the county officials in
| every way possible. And they have
never been called on when they did
I not. respond. I will fine Mr. Oxford
I S4OO, or to work six months on the
public works.”
RETIREMENT OF
SAVANNAH BONDS
Attention is called to the adver
tisement in another column of this
paper concerning the retirement of
the bonds of the city of Savannah.
Holders of the bonds can have them
redeemed beginning February Ist,
when they expire, at the Oglethorpe
Savings and Trust company, Savan
nah, or the Guaranty Trust Company
of New York.
MAY ELECT MR.
YOUNG LIEUTENANT
An election for second lieutenant
of Troop K., Richmond Hussars, will
be held Tuesday night at Armory
hail, to dll the vacancy caused by
the resignation of Lieut. James Hurt
ter, sometime ago.
It Is altogether probable thßt First.
Sergeant W K. Young will be chos
en by the troop, as he seems to be
their choice. He is an enthusiastic
member of the National Guard, a well
drilled cavalryman and a splendid of
ficer.
COSTBOVEBSY OVER
SELEEIIi OF
JURY
Lawyers Also Disagreed
About Manner of Ex
amining Witnesses and
Addressing Jury.
City court convened at 10 o’clock
Tuesday morning and the jury in the
case of M. .1. Downey was drawn.
There was much discussion on the
part of the attorneys about witnesses,
whom they thought to be prejudiced.
About 11:80 o’clock the jury was com
pleted and the proper began.
Several witnesses testified going into
the place and buying whiskey from
Mr. Downey, and also front his clerk.
The examination of witnesses was
concluded about 1 o’clock and the
arguments, which were limited to nu
hour and a half to a side, were com
menced.
There were thirty-eight jurors pres
ent, only a very lew having been ex
cused. Mr. Thomas McCord was the
first juryman called. He said lie was
prejudiced, so the court passed to the
next one, Mr. J. N. B. Armstrong.
Mr. Armstrong qualified, but was
struck later,
Mr. John Phiitizy then qualified, but
Mr. Branch asked permission to ask
him a few questions. Mr, Fleming ob
jected and quoted law to show that
neither the defendant or his counsel
could ask the questions, hut they
could get the court to ask any ques
tions for them. The court asked Mr.
Phinizy if he was prejudiced against
the defendant. Mr. Phinizy said he
was not, but he was for law and or
der as every good citizen should be.
Mr. Brnnch objected to the juror
and after the attorneys on Iftith sides
had argued the question to some
length, the court allowed Mr. Branch
to ask Mr. Phinizy any questions that
he saw fit through the court. Mr.
Branch asked Mr. Phinizy If he was
not. present when the ministers and
the laymen met to talk over the In
viting of Mr. Wright, and Judge Cov
ington to the city to speak. Mr.
Phinizy said that ho was at the meet
ing, but ho left before It was decided
to ask the gentlemen to come to the
city.
IN SYMPATHY
WITH THE LAW.
Mr. Branch then wanted (o know
if Mr. Phinizy was not associated
with the ministers and laymen In
gathering the evidence against the
blind tiger men. Mr. Phinizy said
that he was not, but that he was in
sympathy with the law, as every good
citizen should be. Mr. Branch asked
if he were not projudicod against the
men. Mr. Phinizy said ho was not,
and that he did not know anything
about the defendant.
The court declared Mr. Phinizy to
be competent, but he was struck by
the attorneys for the defense.
The following men were finally
sworn in on the jury: Messrs. W. H.
D. Ford, W. D. Miller, Bradford Mer
ry, W. F. Mays, S. W. Wilson, T. H.
Tyce, C. E. Doremus, J. H. Jackson,
Jno. S. Moore, E. C. McCarty, Wm.
E. Park and L. M. Atkins.
Mr. Brunch, In summing up the
case before the jury, made some re
marks about Mr. Fleming, who Is as
sisting in the prosecution, about him
having defended blind tiger men on
Saturday and on Monday ho was pros
ecuting them. Mr. Branch also refer
red to him as a "high toned Chris
tian gentleman.” Mr. Fleming took
offense at the remarks and asked the
court to have Mr. Branch confine his
remarks to the court. Several re
torts were passed on both sides be
fore Mr. Branch proceeded with the
case.
The witn-esses, Dr. R. L. Henry and
Messrs. C. T. Sego, E. L. Jackson
and E. B. Martin testified they went.
Into the place on different occasions
and bought whiskey in the place. On
one occasion they testified they
bought It from Mr. Downey and on
another from the clerk.
DID REPORT * r r 7
VIOLATIONS.
While Dr. Henry was on the cross
examination, Mr. Branch asked him
i if any of the laws were violated 'hat
he knew of that he did not report.
Dr. Henry said he reported the viol
jat.lon of ail laws, when he knew of
the violation. Mr. Branch' comment
ed that he was a remarkab'e mail.
I Mr. Fleming objected to any com
i nents and asked the court to have
Mi. Branch confine his remarks tr.
the case. Mr. Branch turned to Mr.
Fleming and said that he was only
answerable to the court for wh'-d he
said and he did not care for anv of
Mr. Fleming's suggestions. The court
ordered Mr. ranch to confine his re
marks to the court, but before ques
tioning the witness again he made
several remarks to the effect that If
Mr. Fleming did not like his state
ment, for which he was respons ble,
why there was a time they could set
tle them personally.
The defense did not put up any
witnesses, but Mr. Downev mad.; his
statement. He said tfiat he would
make affidavit that he did not know
any of the witnesses, except Mr.
Jackson, and that he could swear they
had never bought whiskey In his
place.
Mr. Brooks opened the arguments
for the defense. He showed in his
argument that the testimony of the
witness's did not agree. That they
signed their names on slips of paper
attached to bottles said to have beep
bought, at certain places, when they
DAILY AND SUNDAY $6.00 PER YEAR
[ll ROOT NAMED
TO SUCCEED
PLATT
ALBANY.—Secretary of State Eli
hit Root was Tuesday named to suc
ceed United Sta'es Senator Platt.
The vote was 125 to -14 for Lewis
Stuyevsant Chandler, democrat.
MICK MISER
ciSE mom
Coopers Will Face Trial
For the Killing of the
Late Editor of the Ten
nessean.
NASHVILLE.— Maj. Duncan Brown
Cooper, his son, Robin J. Cooper and
former Sheriff J. I). Sharp, will be
arraigned before Judge Hart of the
criminal court Wednesday charged
with murdering former United States
Sonator Edw. W. Carmack, who at
the time of his death was editor of
the Tennessean. It is believed the
trial will proceed without further de
lay. The first panel of 500 venrie
rnen has been summoned. Each de
fendant is allowed 24 peremptory
challenges while the state has 10.
A brilliant array of counsel has
been engaged in the case. Attorneys
for the defense Include the following-
Judge .1. H. Apperson, Gen. Jnmcs
Meek, Judge Edward Baxter, Char
les M. Burch. For the prosecution
are Gen. Jeff McCarn, Nashville,
Capt. C. T. Fltzhugh, Memphis, Gen.
1. R. Garner, and Gen Matl. Whit
taker.
ANSEL TO GOME
TO TAFTJANOUET
Will Leave Columbia after
the Inaugural Ceremonies
—Not Much Done in Sen
ate Tuesday.
Special to The Herald.
COLUMBIA, B. o.—lt was an off
day with the legislators. The hohsa
was not In session, having adjourned
over from Suturday till Wednesday,
and the senate did little beyond hear
ing a Leo memorial address by Col.
Robert W. Shand, head of the Colum
bia bar.
The bill to release from their obli
gation to teach in tho public schools
such beneficiary graduates of the
Citadel as muy enter the army or
navy upon graduation passed its third
reading.
Senator Weston Introduced the Mc-
Master bills to belter the system of
insurance laws. These have been
fully described In tills correspondence.
Among the bills are;
Mr. Appelt: To permit the reopen
ing of the Clarendon county dispen
saries utnil the stock of liquors be
sold.
Mr. Sullivan: To require glnners
and warehouses to mark bales of cot
ton ginned or stored.
Mr. Otts: To provide for a state
auditor and two deputy auditors.
Tomorrow not much will be done In
either house. The inaugural cere
monies will occur In Joint session at
noon. Governor Ansel leaves Colum
bia at 5:15 tomorrow afternoon for
Augusta to attend the Chamber of
Commerce dinner to Mr. Taft.
SHEQDNOT GOUTY,
IS THEJEBDICT
W. R. L. Shedd, a former mall car
rier, charged with embezzling letters,
was acquitted by a Jury In the Unit
ed States court, before Judge Speer
at 2.15 o’clock Tuesday afternoon.
The Jury remained out about 30
minutes. Their verdict was the sam*
on three counts.
ROOSEVELT TO RECOMMEND
R. E- FOSTER FOR JUDGESHIP
WASHINGTON—The president nc
liounced Tuesday that he would send
the name of Rufus K. Foster, of Nev.
Orloans to the senate to be Judge of
the eastern district of Louisiana fill
ing the vacancy caused by the rest"
nation of Judge Sanders.
did not buy It. one witness having
testified that he went in and bought
It while another waited on the out
side.
Mr. Brooks' argument lasted until
court f.djourned for dinner. The ar
guments v/iil be concluded during the
afternoon and the case will go to the
Jury about 6 o'clock.
HIM
GISEBEFORE
mmm
WASHINGTON—The corridors anil
witness-room in the United States
court house was crowded with news
paper Pten and others summoned to
give testimony before the grand jury
in connection with the Panama canal
case. Douglas Robinson, brother-iu
lnw of Iho president, was the first
witness. He was in the grand jury
room only flvo minutes. He declined
to talk of his testimony.
H. F. Tass, manager of the Western
Union, refused to produce copies of
any telegrams without the order of
the court.
Judge Gould issued the necessary
order.
Tuff explained to the court that the
Western Union held nil messages con
fidential and was privileged, and lj*
would not make any statements un
less the court ordered him. Taft
then underwent an examination. Ot
to Carmichael, head of the Washing
ton bureau of the New York World,
was subjected to a rigid examination,
lie identified certain editions of the
New York World and stories appear
ing in them bearing on the Panama
canal purchase.
His assistants, Albert and Conway,
gave corroborative testimony.
Attorney’s Briefs Received.
NEW YORK.—With both complain
ant, defendant and main Issue involv
ed. still unidentified, Judge Ward, in
the Federal court Tuesday, reootvnd
briefs from the attorneys engaged in
the preliminary skirmish here over
what are believed to be criminal li
bel proceedings by the Federal gov
ernment as a result of the retwnt
newspaper statements In connection
with the Panama canal purchase.
PRESIDENT HOLDS
UP CALIFORNIA ,
MEASURES
SACRAMENTO, Calf.—The Sacra
mento Union says the president has
laken n hand in the Anti-Japaneße
ieglslaiion now before the California
legislature and has asked the govee
nor to take steps to have held up all
legislation on the matter until the
president can be heard from. The
governor replied that he had caused
the bills to be held up.
GORE ELECTED AS
OKLAHOMA SENATOR
H
Home and Senate Name
Democratic Member from
Their State.
GUTHRIE. Okla.—The house and
senate, both overwhelmingly demo
cratic, voting separately, gave Sena
tor Gore a strict party vote. He will
be formally elected Wednesday.
UNCLE SAM AND
GOMEZ SETTLE UP
CAR4CAS, Venezuela, via. Wil
lemstad, Curacao. —The protocol for
the settlement of disputes between
the United States and Venezuela has
been practically agreed upon by W.
I. Buchanan, the special commission
er of the United Btatos, and the
Gomez administration.
JUDGE LURTON CANNOT
ATTEND TAFT BANQUET
A telegram was received by The
Herald Tuesday from Judge Horace
H. Burton, of Nashville, saying that
he would be unable to attend s he ban
quet to Judge Taft Wednesday night
and had so written the committee.
JIM JEFFRIES SHOWS FOR
FIFTEEN HUNDRED A WEEK
NEW YORK. —Jim Jeffries closed a
contract Tuesday for ten weeks in
local vaudeville houses. His salary
Is $ 1,500 a week.
'THE NON-ADVERTISER PAYS
THE OTHER MAN’S AD
VERTISING BILLS.”
Does the man who doesn’t ad
vertlS' 1 ever stop to think that he
is the one who really pays the
fdvcrtlslng hills of the man who
booms h's business? The adver
tiser himself Isn't out, for lie gets
Back four fold in Increased busi
ness, The eustomer doesn’t pay
for the ads, for he can buy bet
ter goods from a larger aaaortment
at lower prices, from the man who
Is constantly turning over and re
newing his atock, than from the
one whose goods are carried over
season after season. It’s the non
advertiser who pays for his lack
of initiative and enterprise In de
creased sales and dwindling prof
its. The profits are all going to
the other fellow to pay for more
advertising.—New York Journal.