The frontier. (O'Neill City, Holt County, Neb.) 1880-1965, August 01, 1907, Image 7

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    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
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