BABY CARRIED OFF BY TOY BALLOON; SAVED BY BULLETS -Well-Aimed Rifle Shots Pune, ture, and the Infant Settles Gently to Earlh. Rockport, Tox., July 31.—'The Utile E-year-old daughter of Mr. and Mrs. J. |P. Moody, of Waco, Tex., who are ■spending their vacation at Tarpon Inn, la seaside hotel, figured in the most sen sational incident ever* witnessed upon (the beach. An Italian vendor of toys, carrying a ilarve bunch of toy balloons, thinking to please the little tot, tied the entire jbunch about the child's waist in the presence of a large crowd of bystand ers upon the hotel veranda. The baby twas immediately lifted Into the air, and (before the spectators could recover (themselves, she was floating beyond Itheir reach, with the wind carrying her lout to sea. In the midst of the panic which pre vailed. a launch containing Mr. Mun jfree, of Denver, and others, arrived and 'they at once perceived the cause of the (commotion along the beach. Steadying ■the launch and grabbing a rifie, Mun ifree fired into the mass of balloons. The bullet tore through, bu the child still floated through the air. Another (shot and the mass was seen to settle slowly, almost Imperceptibly. Launches and boats then followed the flying baby until ;t stood over St. Joseph's Island, where it gently settled a dozen ards from the water’s edge and the little one was rescued. DID NOT KILL WIFE SAYS MAN AND BRIDE Clinton, 111.. July 31.—That they have .been crucified on the cross of love; made victims of the evil tongue of hypocrites, and that they are innocent of the murder of Mrs. Pet Magill, is the story told in jail today by Fred Magill and his young wife, Faye Gra ham, who are held to answer the charge of murdering the banker's first •wife in order that they might he free to wed each other. Facing a practical certainty of in dictment for murder; shrinking timid ly from the finger of shame pointed at them by those who had known them since they were boy and girl, the cou ple still maintain courage, composure and even cheerfulness. The father and mother of Mrs. Ma gill were first to call on the prison**, a. The meeting between mother and daughter was in keeping with the girl’s strange character. She kissed her mother and said calmly; “Mother, I am innocent. We did wrong to get married so soon after Pet died, that is all.” Mr. Graham kissed his daughter and told her he would help her all he could. Magill said: Says It Was Suicide. “I have only one story to tell, and ’ never have told any other. My wife killed herself, as can be shown in a hundred ways. Why, I cannot be sure, but In letters she gives the only rea Bon I accept—that she did not earn to live under the conditions of ill health and interfering relatives. “She had been complaining of her head the Decoration day that Faye and I drove to the cemetery to put some flowers on the baby’s grave. She did not go out until we got back. Then we all went riding until 7 p. m. We sat around or talked until 10 or so. Faye went home and we went to bed. “About 5 a. m. I got up and found my wife gone. I looked for her on the \ cot where she sometimes slept, but did not find her. I then went upstairs and saw her lying on the bed with a bowl filled with chloroform in the crook of her elbow. I did not know whether she was dead, so I ran to get water, and washed her face. Then I called the doctors and told Marguerite to call Faye. “As true as I stand here, I am inno cent, and this girl is more innocent than I. We are the victims of gos sipers and scandalmongers. Until my wife died, Faye and I were no nor a than friends.” KNOCK BLOCK OFF SUGGESTS A JUDGE Waltham, Mass., July 31.—‘*If a man 1 followed my wife and I was big enough, I would knock his block off,” I remarked Judge Abbott during the trial of David Meister, of Watertown, charged with using profane language to Mrs. Louisa Crossman, of the same ■ town. Mrs. Crossman stated that the de- ' fendant annoyed her more or less for,1 the last two years by following her on the street. The court asked her if she had told ; !her husband that Meister had been following her, and she replied that :she had several times. “How large a man is your husband?” I asked the court. “Larger than the defendant,” re plied Mrs. Crossman. It was at this point that Judge ; Abbott made the remark referred to. i Meister denied the charge, but was found guilty and fined $10. AUTO IS LEAD BY AN ANCIENT MULE Hartford City, Ind„ Jul.v 31.—With ia dilapidated covered wagon propelled by a little gasoline engine and an Sold army mule as a steering "appara tus,” A1 Martin, a foimer resident of this city, pulled into town from Atlan ta. having been on the road since Oc tober 9. Martin’s odd outfit tvas driven around the public square and attracted ,much attention. Martin made the horseless carriage himself, and says that he can travel at the rate of iif iteen miles an hour with the outfit; that is, when the mule is not in the way. The singular mechanism is com plete except the steering parts. The trip has been a long one, he says, ow ing to many accidents he has encount ered on the road, his machine having broken down several times, necessitat ing delays of two or three days at a time. CUT CHARITY RATE. .Chicago, July 31—All the roads in the Western Passenger association have announced their Intention of doing away with all charity rates and re duced rates for inmates of state and national homes for sailors and soldiers to and from or through stations in states having in effec t 2-cent Tan- laws. This decision will become effective on August 1, after which no reduced rates will be granted to any of the parties listed. The roads are rapidly as possible ar ranging things so that 2 cents will be ,the minimum u.3 well as the maximum rate charged. 8LACK-HAND FIRE TAKES TWENTY LIVES New York, July 31.—A shocking loss of life and destruction of property, es timated at more than $1,000,000, was caused by tires in New York and the immediate vicinity in the twenty-four hours ending at 8 o’clock this morn ing. Twenty persons are dead and fifteen suffering from injuries as a result of the burning of a six story tenement on Chrystie street, and a big financial 'loss resulted from the destruction of the Long Beach hotel at Long Beach. L. I., today, and Steeple Chase park and other property at Coney Island yes terday. In addition, the steamship Hamilton, of the Old Dominion line, has come into port with part of her hold ablaze. An explosion of a bomb placed, the, .police believe, by agents of the Black Hand in an Italian grocery store, start ed a fire which swept through Chrystie, street, the Italian tenement district.; The noise of the explosion caused at panic and the police say some perished, in the flames, fearing to escape to the> -streets where they believed death'. ; awaited them from the dreaded BlackJ Hand. \ ‘ A second explosion from a kerosene tank followed and the whole lower floor was covered with a mass of flames from the blazing oil. Fire shot up into stairways, cutting off escape from those .above. Many rushed to the Are escapes which became clogged with frightened people. The flames killed some as they were about to be rescued from the roof, while others were over-, come by smoke. There were many* heroic rescues by the firemen. USES ELEPHANT’S TUSKS TO ESCAPE New York, July 31.—Otto Hoffman has been appointed keeper In the Bronx Park zoo and assigned to act as valet to Gunda, the frugal elephant which amuses crowds by ringing bells and picking up pennies and putting them away for a rainy day. He was so engaged yesterday when a penny rolled beyond ills reach and Valet Hoffman went after the coin. Gunda misconstrued his Intentions, grabbed him and dragged him into his ca-e. Hoffman did some fancy acrobatic stunts, using the elephant's tusks for parallel bars, and managed to keep himself from under the beast's feet, while the other keepers prodded, and Hoffman was badly bruised. GET APPENDIX CUT FOR FASHION’S SAKE Pittsburg, July 31.-—Pittsburg society women have developed a morbid fad in having their vermiform appendices re moved, and the amputation has become so much In vogue as to have become re quisite to enjoy social equality with the upper s^ t. In discussing the newest fad, a so ciety woman, writing to a local paper, declares that another prominent society woman and it leader among Pittsburg women's clubs has asked to be remem bered with flowers in August, saying, I'm going to have my verlform appen dix taken out. Every one I know has been treated so successfully. Oh, no, it doesn't trouble me, but one never knows when it will.” That many women with much time and social prestige are becoming mono maniacs on the subject seems to be an assured fact after careful investi gation here, and surgeons who are profiting by the fad do not hesitate to ridicule and condemn the practice. EX-DIPLOMAT SHOOTS SISTERS AND BROTHERS Versailles, July 31.—Henry Hunting ton, son of Douglas St. George Hunt ington, ex-attache of the American embassy, was arrested on the charge of shooting his two sisters and one of his brothers. The condition of the sisters is serious, Elizabeth having re ceived a bullet near the heart and is thought to be dying. The tragedy occurred at the bed side of the father, who was dying. Henry had returned to ask his father’s forgiveness, having been estranged from his parents for some time past'. Mr. Huntington, sr., was sullering from pulmonary congestion, and as it was believed he was near to death a tele gram was dispatched to Henry to re turn. The latter hurried to the bedside, around which were grouped the weep ing wife, the daughters, Edith and Elizabeth, and the sons, Alonzo and Douglas. Henry pleaded forgiveness for the sorrow he had caused and had received his father’s blessing when Douglas requested him to seek the par don of his mother also. This Henry declined to do, and thereupon Alonzo asked him to leave the room. Henry im mediately drew a revolver and fired at Alonso. He then wheeled and shot both his sisters and endeavored to make his escape. He was captured, however, by a guard, who ran into the house to in vestigate the cause of the shots. Doug las Huntington also had been hit by flying bullets. SENDS OUT TROUSERS, GETS BACK “PANTS” Atlantic City, July 31.—To settle the question of ownership of a pair of trousers. Magistrate De Hart compelled Spencer Finnie, a young man of sport ing proclivities, to try on the "pants” in court. The change was made In full view of the court to prevent any at tempt to "bag” the knees of the trous ers in dispute or otherwise spoil their fit; but women spectators were care fully excluded. ' Finnic asserted that ho had taken a pair of 58 trousers to a tailor for press ing. He testified to his belief that in return he had received a pair of $4 •pants,” and he sought to forte file return of his original garments. Benjamin Ooldstein. the accused tail or. declared that the "pants” were the ones brought to his place by Finnie, and to prove hts contention that the garment belonged to the complainant, asked that he be forced to put them on. Ooldstein and hts lawyer averred that the trousers were a perfect fit, but the magistrate found several wrinkles in the rear of the garment, and held the tailor under bail until the matter could be settled properly. MINNESOTA MINERS WORK UNDER GUARD Duluth. July 31.—A correspondent at Hibbing telephones that everything is quiet there and ore is being mined in several mines. At all the mines deputies armed with i ties are at advantageous positions. The men at work are assured of pro tection against the strikers, but tho latter have made no hostile demonstrar | tions. W. D. HAYWOOD IS FOUNDNOT GUILTY Secretary-Treasurer of Western Federation of Miners Given His Liberty. DEFENDANT SHEDS TEARS Two Jurors Make Stubborn Fight for Conviotion—Remaining Cases to Bo Vigorously Prose cuted. THE JURY: Thomas B. Gess. real estate. Finley McBean, rancher. Samuel D. Gilman, farmer. Daniel Clark, farmer. George Powell, rancher. O. W. Sebum, farmer. H. F. Meesecar, farmer. Lee Scrivener, farmer. J. A. Robertson, farmer. Levi Smith, carpenter. A. P. Burns, retired rancher. Samuel F. Russell, farmer. Boise, Idaho, July 30.—William D. Haywood, defendant in one of the most noted trials involving conspir acy and murder that the country has ever known, walked out of jail Sunday a free man, acquitted of the murder of former Governor Frank Steunen btrg. The probability of a verdict of ac quittal in the case of the secretary treasurer and acknowledged leader of the Western Federation of Miners had W. D. Haywood been freely predicted since Saturday, when Judge Fremont Wood read Ills charge, which was regarded us strong ly favorable to the defense In its In terpretation of the laws of conspir acy, clrcumstutial evidence and the corroboration of an accomplice who confesses. Prosecution Net to Step. It was also freely predicted that in the event of Haywood’s acquittal the state would abandon the prosecution of his associates, Charles 11. Moyer, the president of the federation, an i George A. Pettibone. of Denver. Statements from counsel and from Governor Gooding, issued today, dis pel this view of the situation. Gov ernor Gooding said: “The verdict is a great surprise to me. and I believe to all citlz- ns of Idaho who have heard or read the In evidence in the case. “I have done my duty. 1 have no regret as to any action I have taken, and my conscience is clear. As long as God gives me strength 1 shall con tinue my efforts of government by law and for organized society. “The state will continue a vigor ous prosecution of Moyer. Pettibone and Adams and of Simpkins when ap prehended. There will be neither hesi tation nor retreat.” Bail Probable for Pettibone. Application will be made to Judge Wood to admit Moyer and Pettibone to ball, and it is said that in the case of Moyer, against whom the state is ad mitted to have its weakest case, a fa vorable consideration would not be un expected. Not the least interesting of the com ments made upon the verdict was that of Harry Orchard, the self-confessed murderer of Governor Steunenberg and the witness upon whom the state chief ly relied to prove Its claim of a sinis ter conspiracy against the Western Federation of Miners. When told at the state penitentiary that Haywood had been acquitted Orchard said: “Well, I have done my duty. I have told, the truth. I could do no more. 1 am ready to take any punishment that may be meted out to me for my crime, and tile sooner it comes the better.” Jury Out Twenty-One Hours. It was after being out for twenty one hours that the jury, which at first had been divided 8 to 4 and then seemed deadlocked at 10 to 2, finally came to an agreement shortly after the first faint streaks of the coming day showed gray above the giant hills which wall Boise to the north and east. The weary sncwbearded old bailiff, who had kept an all night vigil before the door of the jury room, was startled into action by an Imperative knock from within Events moved rapidly enough after this, and when at last the principal actors in the trial had been gathered into the court room at a few moments before S o clock the white envelope handed by the foreman to the judge was torn oren and the verdict read It came as an electric thrill to the prisoner, to his counsel, to the attor neys for the state and to the small Stroup of heavy-eyed newspaper men and court officials who had been sum moned from beds but lately sought or from offices where sleepless waiting had marked the night. Brings Tears to Haywood’s Eyes. Tears welled to the eyes of the man who during the eighty days of ids trial had sat with stolid indifference writ ten upon his every feature: at last the ley armor he had thrown about him self with the first day of jury selection had been pierced, and whatever of pent bp feeling had been contained within was loosed. Haywood's attorneys were fairly lifted from their seats, and Judge Wood made no effort to restrain them as they surrounded him to shake his hands and shout aloud their congratu lations. James II. Hawley, leading counsel for the state, and O. N. Van Duyn. the prosecuting attorney of the county in which former Governor Steunenbetg was assassinated, sat gloomy and un speaking in their places. Senator Borah, who made the closing plea for conviction, was not present. Of tlie prisoner’s counsel those in the court room were Clarence Darrow', of Chicago; E. F. Richardson, of Den ver, apd John P. Nugent, of Boise, The absentees from the defendant’s table Included Edgar Wilson, the former law i partner of Judge Wood, who presided at the trial. Prisoner’s Friends Absent. No member of the prisoner’s fnm- : ily nor any of his friends among the socialist writers and the so-called labor Jury who had been attending the trial j was In the court room at the early hour j the verdict was returned. The specta- j tors’ benches were empty, but In the | doorway stood Governor Frank Good- | big. who has taken an active part In pressing the prosecution of Haywood ] und his associates. There was no dein- ! onstratlon other than that made by the attorneys for the defense, and the court proceedings were over, the pris oner had been discharged and the Jury dismissed for the term lit less than three minutes’ time. Haywood Hurrios to Mother. Haywood's first thought was of his nger mother, who Saturday had suf- | feted a complete nervous breakdown, i after the Jury had retired. Leaving > the court room In company with At- | torney Nugent he walked down to the Jail portion of the building, shaking j hands as he went with guards, em ployes and friends who had arrived on the scene. He bade farewell to Moyer, who, when he heard the verdict, said: "That's good," and to Pettibone, whom Darrow described to the Jury as a "sort of a 'Happy Hooligan,' ” who called, "Give my regnrds to Broadway." Then Haywood walked to St. Luke's hospital and unannounced rushed Into his mother's room. So great was the tonic upon the elderly lady that last night she was up and about and htiTpy. Next Haywood went to the little cot tage where his wife and daughters have been stopping. He had parted with Attorney Nugent at the hospital gate, and, left alone In Holse. got all but lost and bad to Inquire his way from passersby. Once home, Hayward said: "I want to thank the people of Boise for their kindness to my wife, my mother, my family and my friends." There has been widespread sympathy here for Mrs. Carruthers, the prisoner's mother. Senator Borah, for Instance, when first apprized pf the verdict said: "I feel glad for Haywood’s mother." Scene in the Court Room. Judge Wood took his place on the bench at 7:54, and four minutes later ihe tired, bedraggled, worn out jurors filed In. Haywood sat with his right elbow hung over the high back of his armchair, a characteristic attitude. As t lie clerk began to call the roll the si lence in the big court room was pain ful. The ticks of the clock on the wall sounded like blows from a sledge. Then came the voice of Judge Wood asking: , ' Gentlemen of the Jury, have you { ' agreed on a verdict?” Givos Judge Wrong Envelope. "We have,” came the response from j Foreman Gess, who handed a plain , white official size envelope to the court. Judge Wood devled Into the en velope, hesitated, loked again and then with some amazement said: "There is nothing in here.” "There’s the right envelope in your pocket,” said Juror Russell to Mr. Gess. The foreman was palpably nervous, and this added materially to the strain i felt by all in the C4>urt room. The ' second envelope was handed up. Judge Wood glanced at It and tossed the paper to the clerk, who read: "State of Idaho against William D. Haywood: We, the jurors In the above entitled case, find the defendant, Will iam D. Haywood, not guilty. "Thomas B. Gess, Foreman." Then came the congratulations of j Haywood, in the midst of which Judge , , Wood said: "The defendant will be \ discharged and the jury discharged for ] th“ term.” ! < Attorney Richardson was on his feet. ; - "Would your honor permit," he be- 1 < gun, but, changing his mind, sat down « with the s'nbnce unfinished. It was ; announced later that Haywood had de- < sired to makf» a speech to tho jurers, ] j bu* had finally contented himself wUh , expressing his thanks personally vo , each one. "And if any of you ever come to . Denver," he said to them us they I were leaving the court room, "you will always find a welcome at the Haywood i home." Miners’ Lawyer Dying. John Murphy, general counsel for I the Western Federation of Miners, who in spite of the fact that he is wasted to a skeleton by consumption has almos* dally occupied a place at the defense table throughout the trial, was unable to be present at the clos ing argument or ecenes. He Is now ; dying In the hospital here. Haywood called on him early, and the scene be- j msm ---n Accused Haywood of Planning Crime tween the two Is said to have been ' most effecting. Haywood lifted the slight form of the dying man in his arms and Murphy is quoted as saying between stilled gasps: “Bills, in this : hour of your great triumph be humble and thankful." Murphy is not expected to live many 1 days. | Judge Favors Defendant. The Judge’s instructions took 12,000 words. After the customary instruc tions as to the general duties of the jurors as to law and evidence, the judge instructed the jury in accordance with his ruling some days ago after the argument by counsel as to the ad- \ mlssibility of the evidence bearing on j the connection of Steve Adams with the crimes committed in northern 1 Idaho. This evidence and also that intro- i duced by the defense regarding the deportations in Colorado and the era- s ployment of Pinkerton detectives by i the mine owners. Judge Wood in- , structed the jury not to consider on , the ground that no prior connection had been made, in either case. Instructions as to the necessity for clear and conclusive proof beyond any reasonable doubt of every material fact followed, by quoting the indictment on which Haywood, together with Moyer and Pettibone. were arrested. After defining tha degrees of mur der the judge said: "I further instruct you that whlla proof has been admitted of the com mission of other crimes by the defend ant and his associates it has only been admitted for the purpose of showing the existence of a conspiracy to ac complish certain objects, that such crimes Hid the crime resulting In the death of Steunenberg as well, were all Incidents of such conspiracy; but you must not forget that the defendant Is being tried for the murder of Steunen horg and for that crime alone. You are, however, privileged to take such jther matters Into consideration as part of the evidence In this case, and as Incidents and circumstances bearing upon the question of his guilt upon the charge of murder of Steunenberg. Conspiracy Defined. 'It makes no difference, however. In Mils case what crimes have been com mitted In Colorado* In the Coeur d'Alenes or elsewhere, or who Is respon sible for the commission of such crimes. If any there be. The defendant cannot be convicted unless the state has estab lished beyond a reasonable doubt that lie Is guilty of the felonious killing of Steunenberg." The Judge then defined conspiracy, within tho meaning of tho criminal aw, and said: “It Is not essential to the formation if a conspiracy that there should b« i formal agreement among the par ies to do the act charged. It la suf ficient If the minds of tho parties meet jnderstandlngly, so as to bring about in Intelligent and deliberate agree ment to do such acts and commit the irlmes charged, although such agree ment bo not manifested by any formal words. "If the prosecution has failed to ['rove these facts beyond a reasonable loubt. you should find the defendant lot guilty. If, however. yrou believe n this ense from the evidence beyond reasonable doubt that the defendant Haywood aided, abetted, or advised ind encouraged the killing of Steunen ierg, then the defendant Is guilty, and t would bo Immaterial whether he was actually present at the time of the allling." The Jury Is directed to dlsre- : gard Harry Orchard's testimony : unless It Is corroborated by other : evidence. Under the laws of ; Idnho, a poison cannot be con- : vlcted upon testimony of an ac- : complice unless such testimony Is : corroborated by evidence of a different character to the same : point. ; The Judge said: "Under tho Indictment, Haywood, If ho evidence warrants It, Hhoulfl he ■onvlcted of murder In the first degree, nurder In the second degree, or man daughter.” OFFERS DAUGHTERS’ COMPANY TO GET HARVEST HANDS Hoosier Farmer Goes to Ex tremes in Trying to Care for His Crops Elwood, Ind., July 30.—Christian Wright, one of the wealthiest farmers in Tipton county, who came here to day In quest of farm hands, said that the weeds ure taking hls corn; that the hay harvest is on; that hls wheat ought to be threshed, and that he would give two good men J9 a week each and board for four weeks for their services. A horse and buggy each for Sunday, the driving being offered as an < xtra Inducement for the right kind of hands, and that he would let hls daughters accompany them on their drives. OLDEST UNITED STATES SENATOR IS DEAD Asheville, N. C., July 30.—United States Senator Edmund Winston Pet tus. of Alabama, died Saturday night at 10 o’clock at Hot Springs, this state, from the effects of a stroke of apo plexy, with which he was seized while at the breakfast table. Hls entire body was paralyzed and he never recovered consciousness since that time. Senator Pettus Is one of the best known politicians and attorneys In the south with which section he has . been Identified nearly all of hls life. As | a lawyer, soldier and legislator, he has . been In the public eye the greater part of his life, and should the attack with I which he now suffers prove fatal, It | will remove one of the south's most familiar figures in the national upper house, In which body he has served since 1897. Senator Pettus was born In Lime stone county. Alabama, July 6, 1821, was educated in the common schools of Alabama and at Clinton college, Tennessee, and was admitted to the bar In 1842, first hanging out hls shingle In Gainesville, Ala. He was married June 27, 1844, to Mary S. Chapman. i Pettus was elected In 1344 solicitor for the Seventh circuit, served as lieu tenant In the Mexican war, went on horseback with a party of neighbors to California In 1849, returned in 1851, was made Judge of the Seventh circuit 1855 to 1858, and resigned and removed to Selma, returning to his law practice there. He served in the confederate army wl'h distinction, enlisting as major and retiring as brigadier general. Hls home is In Selma. He is the old est senator. BURGLARS ROUTED BY AN 8-YEAR-OLD GIRL Alone in House, She Fires Two Shots at Men With Revolver. Rloomsburg, July 30.—Alone in the house with her 6-> ear-old brother and baby sister at midnight, when her fa ther and mother were away from home, Martha, the 8-year-old daughter of Mr.' and Mrs. Nelson Reich, of Mausdale, routed lwo burglars, who were trying to get ir. the front door. Getting her father’s revolver, she tired twice through the door, and while she did not hit either, she frightened them to the extent that they lost no time in setting away. There was plenty of evidence showing that the burglars had been to the house. The lock of the front door had been tampered with. NORTH CAROLINA WINS FIRST ROUND IN RAILWAY FIGHT Passenger Rate Law of 2 I Cents to Be Observed Pend ing an Appeal. INDICTMENTS DROPPED Southern Railroad Will Take Case U State’s Highest Court, and Then to Washing ton. Raleigh, N. C„ July 31.—North Caro lina has won In Its fight to have Its pas senger rate law of 214 cents observed by all the roads, pending an appeal to the courts by the roads of the state, which propose to fight the law. The promise of obedience to the law by the Southern raUway and the At lantic Coast I.lne railway, which since* July 1. the date set for the rate law to go Into effect, have been violating the law, was given at a conference which, the railroads sought with Governor Glenn, who had stated that as a prece dent to any agreement he might make, the 114-cent rate must first be put Into 1‘fTect. The agreement reached follows: The railroad puts the 2%-cent :j rate Into effect not later than : I August 8, 1907. : j The state to appeal from the or der of Judge PrHchard dlscharg- :. Ing parties In Asheville on writs of habeas corpus. :, The Southern railway to appeal ; to the supreme court of North : Carolina In the Wake county : [ cases; and If the cases there are : I decided against It to take the case :j by writ of error to the supreme : court of the United States. :] That both sides co-operate to :! i have both cases advanced and ar- :! I gued together und speedily de termlned. ! The state at Its option to Indict :| the Atlantic Coast line In one : i case. : i All Indictments and prosecutions : ; now pending to be dismissed and : ! no other Indictments or precau- : t tlons to be Instituted for any al- : : leged violation of the law up to : I the time the new 2%-eent rate Is : I put Into effect under this arrange- : • inent as far as the governor can : : control the same. : : The governor advises all people : t against bringing any penalty : i suits pending final determination : : of the question Involved, and to : : ask the people as a whole to : ; acquiesce In this arrangement. : 1 The suit pending before Judge : \ Pritchard to be diligently prose- : cuted without the state waving : any question of Jurisdiction. : 1 ..* .... I MRS. EDDY’S COUNSEL SAYS SHE IS FAILING Streeter Urges Hearing of the Priestess Because of “Deple tion of Physical Strength.” Concord, N. H„ July 31.—Before the masters appointed by the superior court to determine the competency of Mrs. Mary Baker G. Eddy, the Christian Science leader. In connection with legal action brought to secure an accounting of her property. General Frank S. Streeter, counsel for Mrs. Eddy, urged that a hearing be given as promptly as possible, citing as his reasons the age of his client and her "general de pletion of physical strength." Mr. Streeter said; "Mrs. Eddy Is now In her 87th year. At her age. and general depletion of physical strength, to defer this Inquiry longer would be a denial of justice and constitutional right. Her physical strength is such that I appeal for a prompt hearing as possible.” On motion of ex-Senator Chandler, counsel for the plaintiffs, the hearing was continued until August 13. This will give the complainants opportunity to puepare their case and get deposi tions. DELMAS SPLITS GLASS BRIBERY CASE JURY It 'Stands Seven for Conviction Five for Acquittal, and Is Discharged. San Francisco, July 31.—The jury in; the case of Louis Glass, vice president and general manager of the Pacific States Telephone and Telegraph com pany, accused of having bribed Charles A. Boxton, of the board of city su pervisors, through the agency of Theo dore A. Halsey, to withhold a fran chise from a rival corporation and de fended by D. M. Delmas, was unable to agree on a verdict and was dis-f charged, after being out forty-eight hours. The jury stood seven for conviction and five for acquittal. This was the result of the first ballot, and subse quent ballots showed no change in sentiment. ' The prosecution announced that it will proceed with other indictments against Glass on a slrqilar charge. 4 EX-GOV tHNOR JOHNSON 4| 4 TO SUCCEED PETTUS. 4 4 Birmingham. Ala., July 29.—The 4; 4 successor to Senator E. W. Pettus, 4 4 will be ex-Goverr.or Joseph F John- 4 4 sion, of Birmingham. At the stale 4 4 primaries last year candidates for 4. 4 the alternate senatorships were 4 4 voted on, ai.d Sena.or J. li. Bank- 4 4 head received ihi highest vo.e. He 4 was ihdieforc gl\on the first va- 4 4 eancy upon Senator Morgan’s ueath. 4 4 Governor .’oiinsion recewed the 4 4 next hlghe.-: vole. e Is 61, hes a 4 fine war record and has a.ways 4 4 taKen a lively interest in contedo: 4 ate a flans. 4 tttVv t-wy-44 444 44*444444444 Ti