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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.