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About The Augusta daily herald. (Augusta, Ga.) 1908-1914 | View Entire Issue (Jan. 19, 1909)
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.
