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About The Augusta daily herald. (Augusta, Ga.) 1908-1914 | View Entire Issue (Jan. 20, 1909)
THE AUGUSTA DAILY HERALD VOLUME XIV., No. 20. JUDGE SPEER SUSPENDED ELDER BAUM'S SENTENCE Action Was Taken After a Petition Signed By Many Prominent Citizens Was Presented. A. :wed and successful attempt t° S' a suspension of the sen tenet ft Julius Baum was made by his attorneys in the United States court Wednesday morning. Mr. Co hen in his behalf introduced the tes timony of Dr. Morgan, showing the defendant’s rheumatic and weak con dition, and of many other witnesses, including Mr. Dunbar, the mayor, Mr. Mulherin, Mr. Fogarty, Mr. North, and Captain Clark, as well as letters trom Judge Hammond and Judge Eve, that Baum had been an honest, law-abiding, industrious citizen of Augusta, for a great many years. Upon the conclusion of this evidence, Judge Speer said that he wished *o make his attitude clear, and the pol icy the court would pursue in regard to present and future violations of the Internal Revenue laws. His lan guage was as follows: “I would like to explain by atti tude so that it may be clearly under stood. It is true that I have al ways been clement in the enforce ment of the Internal Revenue laws. Hundreds of people now living can testify to that fact. It is true further more than I have paroled a great many men, and allowed them to go home and make their crops, when if I had imprisoned them in the begin ning, it would have resulted in the loss of their crops, suffering, and perhaps starvation to their wives and children, with the consequence -that they would have become desperate, and would have been obliged to take desperate chances in order to make a livelihood for themselves and their families, and therefore become habi tual law-breakers. The wisdom' of that course has been justified. All over this district for years now, we have had little or no violation of the Internal Revenue laws. I presume from the time I was appointed judge —we will say for the last eighteen years—there must have been 20 per cent more violation of the Internal Revenue law's. Am I right about that?" DECREASE IN VIOLATIONS. “Mr. White the marshal stated there had been a 50 per cent de crease in violations, and Mr. Aker man, the district attorney, stated that the first term after he was ap pointed 8 years ago, there were 31 Internal Revenue indictments at Ma con, and the last term of the court in that city, only 4or 5. Comment ing on this, the Judge said: “Take the statements of the mar shal and district attorney, and the figures w'ill bear them out, the policy I have pursued in this matter, to gether with the co-operation of the officers of the court, the juries and the people, has reduced these crimes, according to the marshal, 50 per cent, and the district attorney, 81 indict ments 8 years ago and only 4 this term, in the division of the district where there has always been the greatest violation of the Internal Re venue laws. “A great many of these men are under parol and under great obliga tions to the court. In the main, our plain Georgia folk, even though they may be moonshiners, are high-mind ed men, if you get at them in the right way, and they will keep their obligations. That has been my pol icy and it has proven a wise policy. “But when the people of our state enacted after the most careful con sideration a state-wide prohibition, when they determine from their con sciousness of right, to keep liquejr away from the lower cesses as the only salvation of our future, when I saw that was the policy of my own people, believing It to be correct—l determined to utilize the discretion imposed in me by the government in fixing penalties, as to aid them in the effectiveness of the prohibition law. HAS SHOWN CLEMENCY. “It was publicly announced at all the terms of the court where I have been, and announed here also, that hereafter that degree of clemency which had generally been shown need not be expected in behalf of grave vio lators of the Internal Revenue laws, because they not only were violatlug the United States law, but they were violating the law of the state, of which I am a citizen, and in whose future I have the deepest interest. I yield to no man living In my earnest love for this state, and I love no peo ple anywhere more than the people of Augusta. "I find here a man convicted, not withstanding his wealth, in whose be half bankers, prominent officials, the most eminent counsel, the judge of the superior court and the Judge of the city court come and interest them selves. Is It right that I should let a man of all that influence go utterly unwhlpped of justice, without any re compense for the example, when I would punish in the same way, or with equal severity other violators of the same law? This is the most dan gerous case of retailing that I have ever tried. These people had gin, whisk/w. stacked up in their store or ~.-nched their store. Their licy was-to use it to In .ease their trade. They were thus taking advantage of every honest deal er in the same manufactured pro (Continued on Page 8.) M. J. DOWNEY WAS FOUND GUILTY Jury Recommended Mercy. Case To Be Appealed. After being out 19 hours, the jury in the case of M. J. Downey returned a verdict of guilty, with a recommeu dation for mercy at 12:30 o’clock. Judge Eve fined Downey $750 Or 12 months on the public works. The jury came in at 10 o’clock and were re-charged. They retired and after two hours deliberation came to an agreement. Judge Eve said that Mr. Downey had been recommended for mercy and he would not give the limit. He fined him $750 or 12 months on the public works. Attorney Branch served notice on the court that he would appeal the case. CASES CONTINUED UNTIL THURSDAY MORNING Several of the Blind Tiger Defendants Get Con tinuances on Fleas of At torneys. The case of Mr. Mat Delaney was called in the city court Wednesday morning. Mr. Austin Branch attor ney for Mr. Delandy asked the court that, the case be continued, as he has just passed through two very hard days. He also stated that he was ill at present, and if the case went to trial would be unable to do his duty to his client. Judge Eve grant ed the request. The case of Messrs. Edward and John Sheehan was called. Mr. O. R. Eve associate counsel for Messrs. Sheehan stated that Mr. D. J. Fogar ty, senior counsel was at the federal court md could not get away. And, that Mr. Austin Branch, associate counsel had just been granted a leave of absence until Thursday morning he did not tnink the case could be tried. Solicitor Black ob jected, and said that at the last term of court, the attorneys for Messrs. Sheehan had demanded a speedy trial. The state was now ready to try the case and the lawyers should be there. He said the federal court would ajourn at 11 o'clock and the case could be started, as Mr. Fogarty could come to the city court then. The matter was discussed at length, but the court decided to con tinue the case until Thursday. The case against Mr. J. R. Kidwcll was then called. Mr. Kidwell stated that Mr. Cohen, his attorney was at the federal court and he could not go to trial. The list of cases was look ed’ over and it was found that Branch was employed in the remain der of them. He had been granted a leave of absence. Court adjourned until Thursday morning at 10-o’clock Judge Eve in adjourning court told the men against whom there were fases, that they must be ready for trial Thursday, and if their counsel was busy elsewhere, the court would expect them to secure counsel who could be at court promptly. JUDGE IMUR lit GET IPPOIITMEIT Is Being Seriously Con sidered by the President- Elect For the Supreme Court Bench. ATLANTA, Ga. —That Georgia wiP come in for recognition by Judge Taft is very evident. The names of two distinguished Georgians are now un der serious consideration for ap pointments, these are Judge Joseph Lamar of Augusta, who is mentioned in connection with the supreme court ; bench; and Col. R. L. Lowry, of At- I lanta, in connection with the national i treasury portfolio. Judge Taft, in one lof his addresses said that Sout.hern- I ers are the truest and purest Amer icans. | That botE Judge Lamar and Col. ! Lowry are representative of the sec -tion in this respect is self-evident, it is declared. In addition to their long ; lines of American ancestry, each has l been trained for years by profession jin the duties that would fall to his ! hand in the office for which he Is I being considered. Judge Lamar is i noted throughout the South as one of i the ablest jurists in the country and Col. Lowry’s financial ability was rec ognized in the highest possible man ner when he was chosen president of the American Bankers’ association. Forecast f or Augusta and Vicinity—Fair tonight and Thursday. AUGUSTA, GEORGIA, WEDNESDAY AFTERNOON, JANUARY 20, 1909. The devastated water front at Messina. The arrow points to the building occupied by Mr. Cheney. DISTINGUISHED MEN ARE HERE FOR TAFT BANQUET Preparations Are Com plete To Make the Affair the Most Notable One of Its Kind. The banquet tendered President elect Taft at the Hampton Terrace Wednesday night by the Chamber of Commerce will be a distinguished af fair. Leading men of this section and prominent visitors from more distant points will sit with the Augus tans at the banquet board and join in doing honor to the distinguished gtlest. Tuesday night the guests from outside the city began arriving and Wednesday afternoon the city held many men whose names are known far from their place of ha bitat. The banquet is to be a feast more sumptuous than any to which the president-elect has been treated in the south. Some of the most promi nent men in America will attend as honor guests. The entertainment commitee of the Chamber of Commerce has worked assidiously arranging details. A train of trolley cars will leave the monu ment on Broad street at 8 o’clock. The banquet begins at 8:30 o’clock. Admission to the dining hall will be granted upon the presentation of ad mit tickets that are now in the pos session of all subscribers and honor guests. The dancing hall is ready. It pre sents a scene of spelndor that befits the occasion. The decorations are Georgia pine, southern smilax, Am erican Beauty roses, lillies-of-the-v,al ley, carnations and violets. Urapod in the background of the president elect’s table are American flags. Near the centre of the area is a large portrait of General Wade HamptoD, for whom the hotel is named. The large, over head arches of the hall are set with pine boughs. Royal palms are arranged at intervals around the room, concealing a most intricate and effective system of electric light bulbs. The hall is gar landed with pine and smilax. The honor table will be decorated in Am erican Beauty roses, violets and white miles. The smaller tanles will be decorated with red and white carnations and violets. Fverv guest will find at his plate a button-hole bouquet of red and white carnations and violets. In order to avoid any confusion among the guests in finding their proper seats, a diagram of the taljle arrangement was enclosed with each admit card. The committee devoted many hours to the selection of tho various parties. President Hayne, of the Chamber of Commerce, will preside The speakers of the occasion, and the or der in which they will be heard, are as follows: First —“Augusta’s Relation to For eign Commerce,’’ Judge Joseph R. La mar. Second —“The Significance of the President-elect’s Sojourn in Georgia,' Judge Henry C. Hammond. Third —"A Message from South Carolina,” Governor Martin F. Ansel Fourth —“The Southern Press,” Mr. Thomas W. Loyless. Judge William Howard Taft. Seated at President-eleiit Taft's ta ble will be 20 guests, including proml WHERE CONSUL AND MRS. CHENEY MET THEIR DEATHS | nent Augustans who represent the I varied interests of the city, and sev j oral honor guests of the occasion. SOME PROMINENT AMERICANS. Some of the most prominent Am ericans who have ever visited Augus ta will attend the banquet. Mr. John D. Rockefeller, Mr. Robert (!. Ogden, one of America's foremost educators; Hon. James S. Kuhn, of Pittsburg who annually visits Antgus ta; Dr. I. D. Warner, and Hon. M. L. Speer, one of the most distinguish ed guests of the occasion, will form a party at one of the tables near that, of the president-elect. Col. Dan C. Kingman, of Savannah, is here. Mr. Pleasant A. Stovall, editor .of . the Savannah Press, who formerly lived in Augusta, is here as an honor guest. Hon. E. A. Pendle ton, editor of the Macon Telegraph, is in the city to attend the banquet. Judge Emory Speer, of Macon, re mained over to attend the banquet at which he will be a guest of honor. Judge Halimton McWhorter is here as honor guest. Hon. Charles P. Taft, the president-elect’s brother, ar rived Wednesday morning, and will attend as a guest of honor. A list of the honor guests of the occasion, • who were invited by the entertainment committee, is as fol i lows: Hon. W. H. Taft, the president [elect; Wendal S. Mischlcr, his pri vate secretary; H. C. Wheeler; R. 1.. Jervis; R. O. Bailey; E. A. Fowler; Guy Kramer; James Hay, Jr.; H. L. Dunlap; T. D. Murphy; J. Fred Bernhardt; Col. Dan C. Kingman; Maj. . Joyes; Hon. Martin F. Ansei, governor of South Carolina; Maj. F. B. McCoy, of Ft. McPheraon; Judge Emory Speer, of Macon; Hon. John D. Rockefeller, of Now York; Adt. Gen’l. Boyd, of South Carolina; R. L. McKinney, of the Macon News; Hon. Pleasant A. Stovall, of the Sa vannah Press; Capt. J. M. Williams, of Ft. Screven; Judge Hamilton Mc- Whorter, of Athens; Hon. James C. C. Black; Tom J. Hamilton, of the Augusta Chronicle; F. W. Carpenter, Mr. Taft’s private secretary: Gen'l. Wylie Jones, of Columbia: Alexander Akerman, of Macon; Hon. W. S. Dickey, of Missouri; Charles A Wood, lessee of the Hampton Ter race; H. B. Pike, of New York, George J. Baldwin, of Savannah; Col. Colver P. Terrett; Hon. Charles P. Taft, of Ohio, the president-elect’s brother; Hon. George Robert Carter, ex-flevernor of Hawaii; A. B. Preus ter; C. McD. Horton, of the Colum bia Record. LONGEST PASSENGER SERVICE IN WORLD Will Be Inaugurated By the Hill Interests, Making Continuous Trip. ELPASO.—Announcement has been made that the Hill interests will in augurate the longest continuous pas senger service in the world to be in effect the first of June. This train will run from Galveston to Seattle without change, over the Texas and Brazos Valley, Fort Worth and Den ver, Colorado Southern, and the Great Northern, all Hill lines. GREAT CROWD HEARD MR. TAFT SPEAR WEDNESDAY AFTERNOON ELOQUENT ADDRESS OF IN TRODUCTION WAS MADE BY MAJOR J. C- C- BLACK BAND CONCERT President-Elect Received An Ovation At the Open Air Meeting on Broad Street. All Augusta unties today to honor the president-elect of the United States. Judge William 11. Taft has enjoyed the hospitality of the com munity for more than a month. He has been the honored guest at. ban quets, barbecues and receptions. He has made speeches to organizations, orders and schools. Today he makes his first public appearance, in the strict sense of the word, to an Au gusta audience. The occasions haß been advertised far and near; on every railroad train arriving today came hundreds of vis itors, all anxious to catch ft glimpse of the future chief executive and to hear him speak. The weather is ideal. Not a cloud floats in the sky, the sun shines warm and soft. Every detail of preparation Is com plete. At 2 o’clock business opera tions were practically suspended, and the first, stirring strains of a two-hour hand concert began exercises of more notable distinction than Augusta has attended In many years. The Fourteenth Artillery band, of Fort Screven, arrived at 12:40 o’clock from Savannah. The band concert began promptly at 2 o’clock and was attended by a great, crowd. The pro gram continued until 3:30 o’clock. On all sides were heard enthusiastic praises of the music. At 3:45 o’clock the band adjourned to Broad and Kollock streets, where, with a detail of six mounted police men, they met Mr. Taft's party, which Included Major Black, Mayor Dunbar and President L. C. Hayne, of the Chamber of Commerce. The procession moved slowly down Broad street, greeted at, every step by prolonged cheering, waving of hats and patriotic shouts of greeting to the president-elect. MR. BLACK MADE SPLENDID ADDRESS. As the party mounted the platform and took seats of honor, a great hurst of applause broke forth and continued several minutes. Judge Taft was introduced in an address of splendid eloquence by Major J. C. C. Black. The president-elect's address began a few minutes after 4 o’clock. He was speaking as The Herald went to press. Those who occupied seats on the rostrum were as follows: Directors of the Chamber of Com merce, Messrs. L. C. Hayne, H. H. Stafford, Maurice Walton, E. 8. John son, J. P. Armstrong, G. H, Nixon, T. W. Loyless, L. A, Berckraans Field ing Wallace, T. I. Hickman, James U. Jackson, E. C. Denton, David S'.us ky, Charles F. Marks, Dr. W. H. Doughty, William Marks, R. Roy Good- DAILY AND SUNDAY $6.00 PER YEAR I. i. BUCK HELD ONMURDERGHAftGE Grand Jury Returns In dictments. Bud Pettis Held For Perjury. The grand jury returned true bills before adjourning Wednesday. They returned a bill for murder against Mi. T. N. Black, the constable who re cently killed a negro. Also a bill for rape against Robert Minor, They returned. a bill for murder against Will Jones, who killed a negro about two weeks ago. The bills returned were: Marie Miller, burglary; John Roundtree, as sault with Intent lo murder; Tillman Holly, assault with Intent to murder; Wong Hang, receiving stolen goods; Chas. Morris, Bud Pettis, perjury (he Is the negro who tcsll fied that Mr. E. B. Martin played pool In the place of Mr. T. L. How ard with negroes); Robert Minor, rape; Joe Iterry, assault with intent to murder; Jim Parker, burglary; Hamp Milledge, selling whiskey; Chester Keal, seduction; T, N. Black, murder; Will Boone, Jr., assault with Intent to murder; • Will Pooler and Doll Denklns, robbery; John Freland, larceny after trust ; VV. H. Jones, mur der. No bills were found In the following cases: Ed. Robertson and Douglas McCord, shooting at. another; Joe Simmons, assault with intent to mur der; Will Smith, burglary; Will New some, shooting at another; Louis Car amalls and Geo. Aerlvas, robbery. OMAN KILLED in imi PHILADELPHIA.—A terrific explo sion of a large quantity of dynamite at the plant of the Dupont Powdet Co., at. Glhbstown, twenty miles south of Philadelphia, probably kill ed one man and injured several otners. The explosion startled and frightened people wiuiin a radius of thirty miles. An explosion occurred in the dynamite mill. People in the vicinity were greatly frightened. The explosion was felt In all parts of Philadelphia and Camden. Many 'bought It was a earthquake. win, Rufus H. Brown, T J. Sheron, T. G. Phllpot, A. B. Von Kamp, P. H. Rice, Wm. Schwelgert, O. It. Eve, Abram Levy. Citizens, Former Mayor R. E. Al len, Judge William F. Eve, Former Mayor W. B. Young, Mr. Joel Smith, Col. D. B. Dyer. Mr. Nat L. VVlllet, Col. John W. Clark and Major John W. Joyes, commanding 11. 8. Arsenal, and Mr. J. S. Kuhn, of Pittsburg. HIE BODY IS EXHUMED BY STITE Attorneys Say That They Can Provo that Carmack was Shot From the Back whilj Speaking to a Lady NASHVILLE, Tenn. —With stage set for the Cooper murder trial, wit nesses and prospective jurors sum moned, it became known Thursday that the state had prepared a sur prise for the defense by having had the body of Senator Carmack exhum ed and an autopsy held. Following the killing, in the excite ment attendant upon the crime, the stnte neglected to order a post-mor i tern. It. ts essential In the trial that the direction from which the bullets came be determined. The defense asserts that Carmack tired first. The state’s theory Is that Carmack, with Ills hat raised to greet a lady, was shot from behind, and it appears that, some time between the date of killing and the present time, the state, secretly at night, ex humed the body of the slain editor and caused a careful post-mortem to be performed. The course of the bullets was thus determined end the state claims to have proof that the bullet which kill i ed Carmack entered the nock from behind. This, however, does not entirely dis prove the theory of the defense. Even the defense does not claim that Col. Cooper fired the shots. It. maintains that Robin Cooper, believing his fath er's life was In danger, fired upon Carmack to protect his sire and It Is not contended that young Cooper stood elsewhere than behind Senator •Carmack. The sheriff reported to Judge Hart that summons for Jurors and wit nesses had been served and that noth ing except objections of the counsel stood in the wav of opening of what promised to be the most famous ertm- Imil trial In the history of Tennessee, OFFICERS DON’T WANT TO CHANGE THEIR PLACES SPARTANBURG, S. C.~A squab ble Is brewing among the county of ficials as to the location of and chang es of some of the county offices In the court house. Before the matter Is settled It will no doubt have to be passed up to the county commis sioners for adjustment, who are the power behind the throne in such matters. a By an act of the legtrdr.TUre the ,office of register of conveyance was created for this county, being a new office a separate room has been found necessary. All along this of fice has been operated by the clerk of court. In order to make room It will be necessary to move either the county superintendent of educa tion, the clerk of court, county super visor or the county auditor. The su jpcrlntendent of education, who occu j plea a cozy office, swears he will not i move; the clerk of court vows by all that. Is below or above the earth ho will not move, and so on. There Is considerable feeling over the mat ter, and unless the county commis sioners step in and decide the office question there Is no telling what may happen. OFFICIALS FOR AIKEN WERE NAMED Newly Elected Board of County Commissioners Meet and Name Other Officers. 1 AIKEN, S. C.—-The newly elected county commissioners for Aiken coun ty, viz.: Chief Commissioner Green and the four district commissioners, Messrs, j. W. Harris, James Kitchen, B. F. Sorgee and W. O. Johnson, held an Informad meeting a few days ago and elected the following: Clerk of the board, cx-Bupertntendent of Edu cation A. W. Sanders; steward of the poor farm, John Lybrand; legal a<V visors, Davis, Gunter and Gyles; coun ty physician, Dr. Chas. Toole; janitor, John Vernon. Hon. J. C. Hemphill, editor of the News and Courier of Charleston spent | a day at the Park in the Pines last ! week. Mr. and Mrs. C. M. Hinkle have ar rived from the North and are occupy ing their cottage here. Mr. W. Westmoreland has been ap pointed postmaster at Samaria on the Carolina Midlnnd railroad. Dr. and Mrs. Valentine Mott and family are In Aiken for the season. WHEN TO ADVERTISE. If you have a stock purchased at high cost and wish to realize on it—advertise. If your purchases were made advantageously and you wish to develop new Inquiries—advertise. If you do not wish some one else to profit at your expense tn your own field —advertise. If you wish to profit where the other man leaves your speeial field —advertise.
