The Bamberg herald. (Bamberg, S.C.) 1891-1972, July 04, 1907, Image 3
-S,
LOVING ACQUITTED!
I
Unwritten Law Saves Slayer
of Daughter's Assailant.
VERDICT SOON REACHED
r* ? i _i MaIi Da.Ia*. TnAhinn A rv
fur/ uuuiu nvi i waioi a > >r
peats of Defendant's Attorneys for
Honor of Women and Their
Finding Was Unanimous.
After being in the jury room thirty
minutes the jury, at Houston, Va., Sat
* urday evening, returned a verdict of j
"not guilty" In the case of former
Judge William G. Loving of Nelson
county, and manager of the Virginia
estate of Thomas F. Ryan, who was
on trial for a week before the circuit
court of Halifax, Judge William R.
Barksdale 'presiding, for the murder
of Theodore Estes, son of Sheriff M.
K. Estes of Nelson county.
Judge Loving shot and killed young
Estes on April 22, at Oak Ridge, fol
lowing a buggy ride Estes bad taken
with the judge's daughter, Miss Eliz- |
abeth Loving, who had told her father
that her escort had drugged and assaulted
her. The verdict of acquittal
was read by Foreman B. S. McCraw.
Judge Barksdale thanked the jurors
for the attendance upon tie court at
great sacrifice. He declared that he
believed the verdict was in accordance
with the conscientious views of the
Jury.
The last day of the trial was spent
in argument, the forenoon session being
taken up by counsel for the defense,
and the closing speech for the
prosecution being made in the afternoon
by Commonwealth Attorney
Bouldin. Attorneys Barksdale, Moore
and Lee, for the defense, spoke practically
along the same lines. They
pleaded for acquittal on the grounds
that Judge Loving was insane at the
fcme he killed Estes, having lost control
of himself upon hearing the story
of the ruin of his daughter.
The real basis of the argument of
the defense, however, was the "unwritten
law." They spoke of the preser
vation of the sanctity of Virginia
homes, declaring that any man who
invaded the threshold and spoiled a
% woman had forfeited his claim on society.
On this point, Mr. Moore said:
"You would not raise the moral
standard or elevate the womanhood of
"Virginia by conviction. Don't put the
badge of dishonor on him by sending
him to the penitentiary. Don't let it
: / go out to the world that a jury of Virginia
gentlemen put the felon's stripes
on a Virginia gentleman."
Mr. Lee appealed strongly to the
sympathies of the jury wi:h both
words and tears. He said:
"Sweep from Virginia the chaste
liomes of the citizens, and what remains
of the state? The purity and
the dignity of our homes is the sweetest
thing in life in Virginia. It is the
gift of God. When one invades our
homes, he strikes society and the body
, politic the deadliest blow. You all
know how lave for your wife and how
the smile of a daughter can bring out
from your nature the best there is
in it.
i
THREE SWING FROM GALLOWS.
Convicts Who Murdered Prison Guard
Drop Together from Same Platform.
Harry Vaughan and Edward Raymond,
convicts sentenced to the penitentiary
from St. Louis, and George
Ryan, a convict sentenced from Kansas
City, were hanged in the county
jail at Jefferson City, Mo., for the
killing of Prison Guard John Clay
during a concerted attempt to escape
from the penitentiary on the afternoon
of November 24, 1904.
The three were hanged at the same
moment. No statement was made
from the scaffold.
GERMANS ON THE WAY.
Hundred Immigrants Arrive in New
York for Alabama.
It is reported in Montgomery that
State Immigration Agent DeHoil, who
has been in foreign countries in search
of immigrant^, has arrived in New w
York with one hundred Germans, who
will be taken to the Birmingham district.
Governor Comer said that he
had no facts as yet about the trip,
v..* ?: 11 -VI_ ... n.Vmn
UUt, Will ut; auie i\j give; guuic ULiv. niiitii
he receives further report from the
agent.
NEGROES ROAST ROOSEVELT
At Tenth Annual Meeting of the AfroAmerican
Council.
President Roosevelt and members of
his official family were handled without
gloves by speakers at the tenth
annual meeting of the Afro-American j
<K>uncil, which began a three days' i
convention in Baltimore Wednesday.
Senator Foraker was a favorite and ;
every mention of his name was re- |
ceived with vociferous applause. {
sISsfe., . : % - ...
%
HOLMES MAKES DENIAL
Takes the Stand in His Own Behalf
in Cotton Leak Case?Theodore
Price is Mentioned.
At the beginning of Wednesday's sitting
of the criminal court at Washington
in the "cotton leak" case against
former Associate Statistician Holmes,
Judge Stafford announced hi3 decision,
overruling the motion made by
Holmes' counsel that the court direct
the jury to bring in a verdict of acquittal
on the-ground that" there is
no law covering the offense.
A numDer 01 wasmngiun uusinras
men were called and questioned as to
the personal and business standing of
Holmes. Some of them said they had
known him for twenty-five or thirty
years, and all declared his reputation,
so far as fchey knew, to be good.
Holmes was called and interrogated
as to the facts relative to the transactions
leading to his discharge from
the position of associate statistician
and his subsequent arrest.
He was first questioned concerning
his relations with Cotton Broker T.
H. Price of New York, whom he first
met at the agricultural department in
1903. The firs: interview, Holmes said,
Price had discussed the cotton crop,
predicting a large yield, but nothing
else had taken place. Later, in March,
or April, 1905, Price had written a
letter to Hyde asking him to recommend
some one to take charg<5 of his
(Price's) statistical work. On the
strength of this letter, Hyde, Holmes
and White had entered into a tentative
agreement to resign their respective
offices and go to New York and
enter upon the publication of a crop
report on condition that they secure
Price's backing.
The witness and Hyde had presented*the
matter to Price, and it was still
pending in June when Hyde and
Holmes severed their connection with
the agricultural department. Letters
from Price were read to show that the
broker had made a strenuous effort to
have the cotton report for December,
1903, show a large yield, whereas Van
Riper had said that Price's concern
was to have it made small.
The witness related the details of
the sale of his Idaho mining interest
to Van Riper in 1904, saying that he
had been introduced by Peckham to
Van Riper "as a remarkably rich
man" who was dealing in mining
claims.
Holmes said that he had received
$73,000 for his interest , in the Idaho
mine, but that at Van Riper's request
t?e consideration had been fixed in
the deed at $40,000.
"I neither signaled nor attempted
to signal to Hawes nor to any one
else at any time the condition of the
crop neport," said Holmes in reply to
a question concerning Van Riper's testimony
to the effect that he had agreed
to do so and arrange the window
shades in his office as to indicate the
situation.
He also said that the crop reports
from the fields upon which the department's
finals is predicated were
not opened until the day of the promulgation
of the official statement,rendering
it impossible to secure accurate
information prior to that date. He
added that there never had been a
time from September, 1904, to January,
1905, when he had advance information
concerning the state and
special report. Court then adjourned
for the day.
C08TLY BLAZE AT JAMESTOWN.
Hotels and Amusement Places Adjoin
ing Exposition Gutted by Flames.
Fire early Wednesday at Pine Beatrh
?a resort filled with hotels of varying
sizes, restaurants, stores and
places of amusement just outside the
Jamestown exposition grounds ? destroyed
frame structures, covering a
large area in the territory immediately
on the outside of the western fence
of the exposition grounds.
The loss is placed at between $200,000
and $250,000 with about 20 per
cent insurance.
WILL CONTEST NEGRO'S SEAT.
Fight to Be Made on Only Colored
Member of Georgia Legislature.
The seat of the only negro in the
Georgia legislature will be hotly contested,
and a strong effort will be
?hade to give Mcintosh county the first
white representative she Has nan in
several years.
W. H. Rogers is the negro member,
and Captain George E. Atwood, a
leading citizen, is the contestant.
It is claimed that the recent election
in Mcintosh county, which resulted
in the re-election of the negro, was
irregular.
FORTY CENTS PER POUND
Paid for First Bale of New Cotton on
New York Exchange.
The first bale of new cotton to arrive
at New York was sold at auction
in front of the cotton exchange.
Latham, Alexander & Co. were the
successful bidders. The purchase
price was 40 cents per pound.
r RAILROAD
IS SOLD
Central of Georgia Holdings
Placed in New Hands.
I
NO CHANGE IN POLICY
I
| Varying Rumors Finally Culminate in
j Fact That Deal Was Carried
Through Status is
Mystifying.
Rumors which have been freely circulated
for the past few days have finally
culminated in the definite announcement
that the controlling interest in
the Central of Georgia railway has
been sold, or tran3ferrc:d, to Oakleigh
Thorne, president of the Trust Company
of America, and Marsden J. Perry,
president of the Union Trust company
of Providence, R. I.
According to New York dispatches
the Southern arranged the transfer.
It was formally announced Thursday
by Adrian H. Joline, chairman of the
Richmond Terminal reorganization
committee, that the committee has sold
to Thorne and Perry all the capital
ctrvfir of f-'no rentril owned bv said
committee, and which, was received by
that committee in 1S94-5 upon the consummation
of the Richmond Terminal
reorganization, and after the reorganiza:ion
of the Georgia Central Railroad
an^Banking company.
The ^ ?Proceeds of the sale are to
^ cj I
be pa^-chr 'to the Southern Railway
* ^pany, which, as stated in the
testimony given by the late President
Spencer and now on file at Macon, was
entitled to the financial benefit of any
sale of the stock, though it did not assume
to control the railroad.
As part of their purchase Messrs.
Thome and Perry have declared their
purpose to be to operate and to develop
the system as an* independent
one *for the benefit of its stockholders
and the public served thereby, and,
accordingly, they will, for at least two
years, continue to hold sixty per
cent of the stock.
The control of the Central will eventually
pass to the Rock Island-Frisco'
interests, if predictions made in railroad
circles prove well founded.
It is said that Msssrs. Thorne and
Perry purchased the road with an understanding
between themselves and
' * * T-'- * ^A*?TV?ol
tne KOCK ISianu liueiesis uuai, wiuiai
control should pass -to the St. Louis
and San Francisco after the expiration
of the two years during which the
present holders of the road have
agreed to keep it as an independent
line.
Mr. Thorne would neither confirm
j nor deny the report. People could draw
I what inference they would, he said.
! It was pointed out that close relations
have existed between Mr. Thcrne and
B. F. Yoakum, who is the guiding spirit
in the affairs of the Rock IslandFrisco
system. Mr. Yoakum is a director
in the Trust Company of America
of which Mr. Thorne is president,
| and in other ways Mr. Thorne and
Mr. Yoakum have co-opsrated in business
undertakings.
At the session of the directors of
the Central of Georgia in Macon a
few days ago, Charles Steele resigned
as a member of the board. George M.
Havel resigned last fall and another
vacancy was created by the death of
Samuel Spencer. These three vacancies
were filled by the election of M. J.
Perry, W. F. Sheehan and Oakleigh
Thorne.
Following this meeting President
Hanson said that the sale of the road
would not mean any change in. its officers
and that he would remain as
president. He said that the same poli*
i cies would prevail and all pains would
be taken to keep the property abreast
of the times.
The operations of the road will be
investigated by the new officer's who
are expected to come south in the very
near future.
PEACE BY ARBITRATION
Is Sentiment of All Delegates to The
Hague Conference.
All the delegates to the peace conference
at The Hague agree that the
first important sitting will deal with
arbitration, which many of the powers,
chiefly the United States, desire
to strengthen to such a point as to
make it become an institution that
will gradually lead to the abolition
of war among nations, as confidence
j in the justice of ordinary cour;s grad
I ually led to the abolition of during j
| among citizens.
i
FIVE HUNDRED CREMATED.
I
Host of Chinese Caught in Burning i
Theatre and Roasted to Death.
A horrible holocaust is reported in
j mail advices from Hong Kong, where
five hundred Chinese of the audience
of a Chinese theater, and ten of the
actors were burned to death when the
native theater was destroyed by fire.
The flames spread rapidly and the
building collapsed.
AS STRICT UNION MINERS
Pinkerton Detectives Posed in Order to
Secure Evidence Against Western
Labor Federation.
|
j In court 'at Bcise Monday, Morris
! Friedman, the young Russian stenogj
rather, who left the employ of the
| Pinkerton agency at Denver to write
! a bock in which he -published a certain
correspondence cf the agency
that passed through his hands, was
again the principal figure at the Steunenberg
murder trial. More than half
of the court's day was occupied in
I reading t& the jury copies or rae document
which Friedman took from the
Pinkerton records. These were chiefly
daily reports of secret agents operating
as spies among the unions and
union men at Cripple Creek, Victor,
Globsville, Colorado City, Trinidad and
Denver show a complete surveillance
of the Western Federation of Miners
1 and United Mine Workers of America
during the labor troubles in Colorado
in 1903-04. Pinkerton men sat in the
federation convention in Denver in
1904, reporting all proceedings.
None of the reports that were prodn/?od
hv Friedman and read to the
jury by Clarence Darrow contained
other than general references to the
collateral issues of the trial, but they
were offered in substantiation of the
counter-claim of the defense that the
Pinkerton agency conspired for the destruction
of the Western Federation of
Miners and the lives of its leaders.
The prosecution offered no opposition
to any feature of Friedman's testinmony
and no objection to the introduction
of any one of the documents
that the defense obtained through him,
and when Friedman was handed over
for cross-examination endeavored to
ascertain if Friedman had any more
reports or letters bearing on the general
issue.
It attacked Friedman on the ground
that he had .played the Pinkertons
i false, had violated his pledge to them
and had stolen the documents which
he produced, but the witness would
not admit that he had stolen the papers
and-would not allow. Senator Borah
to call him a "Pinkerton." He
insisted that it was not stealing to
take information that had been obtained
by fraud and deceit of secret
service men and declared that his purpose
in which he informed the people
o? the methods of the agency fully
justified anything that he had done.
He said that if he had known that this
trial was coming up he would have
taken more letters and reports. Senator
Borah pressed him to tell just
what records- there were in the Pinkerton
office at Denver bearing directlir
r>r> thia mm atirj while* tha witrsprss
LJ VlliO
said he could not tell him cf any .particular
one, he remembered many letters
written by Detective McPartland,
in which all manner of crimes were
laid at the door of the Western Federation
of Miners.
Another interesting witness was Jas.
I. Wallace, an attorney of Cripple
Creek, who served with the militia,
first as a private and then as a* lieutenant
during the strike of 1903-04. He
related several instances as tending
to show the misuse of the powers of
the militia by the mine owners; gave
the criminal records of some of the
gun fighters imported by the mine
i.u ~ c
uwuers, luiu ui Lue vtwMug \jl iuc
card system; recited the circumstano
es connected with the looting of the
union stores and a newspaper office.
JAPS READY TO SNEAK IN.
Four Thousand in Mexico Awaiting
Chance to Slip Over Line.
Immigration officials at San Antonio
have received information that
there are four thousand Japanese in
Mexico awaiting a chance to slip into
the United States. The news comes
from the construction camps on the
Manzanillo extension of the Central
railroad. Already eight hundred Japanese
laborers have left the work
with the intention of entering the
United States. . ,
FIRST PROTEST REGISTERED.
Legislature Memorialized bv Atlanta
Council Ar.er.t Prohibition Bill.
A red-hot prohibition discussion was
provoked in the Atlanta city council
Monday on the introduction of resolutions
protesting against the passage
of a state prohibition bill and memorialinzing
the legislature to defeat the
measure.
A motion to table was defeated by
the vote of 6 to 12, a later motion
to refer to a committee being lest
by the vote of 6 ayes and 13 noes,
the vote upon its final adoption being
13 ayes and 6 noes.
HOLIDAY FOR POSTMASTERS.
Those of Fourth Class in Georgia Are
Granted Leave of Absence.
4
A Washington dispatch says: All
fourth class postmasters in Georgia
have been granted leaves of absence,
not exceeding five days, to attend the
state league of fourth class .postmasters,
to be held at Atlanta, Ga., on
August 17.
AT HANDS OF MOB
White Man is Sent to Doom
for Heinous Crime.
|RAPED STEP DAUGHTER
Lynching is Pu!lsd Off at Dalton, Ga.,
in Orderly Manner by Enraged Citizens?Victim
Made Full
Confession.
Dock Posey, a white man, who had
confessed to outraging his nine-yearold
s:epdaughter, was lynched at Dalton,
Ga., between 1 and 2 o'clock Monday
morning.
Shortly after 1 o'clock, a quiet but
determined crowd of twenty-five men*
marched in an orderly manner to the
county jail and demanded Posey.Covered
by guns in the hands of
every member of the crowd Jailor Britton
was compelled to surrender the
keys. Entering the jail, the crowd
[ went to the cell occupied by Posey, se
cured him, .placed him in a buggy
and drove to the Gordon street viaduct
and hung him to a cro3sbeam.
There was absolutely no confusion
in the crowd. Marching in double file,
they collected several policemen and
forced them to accompany thsm. Not
a single shot was fired?* and Posey was
lef; hanging for the citizens to find
Monday morning at 6:30. The body,
was cut down.
Before the hanging, the prisoner
was asked if he committed the crime
and why he did it. He answered that
he was guilty, but that he did not intend
to harm the girl. At this the
crowd hooted and with the words,
"Die with a lie in your mouth," the
buggy was driven from under him and
he was left swaying to and fro to
slowly choke to death.
On the way to the viaduct, Posey
asked the crowd to pray for him, ancl
he inet h:s fate without a single outcry.
The crime struck the entire city
with horror. Never before had there
been such an outrage in the county
as that, committed bv Posev. After out
raging the young girl, he himself "carried
her to Dalton and accused another
man of the outrage.
The* wiof Posey asserts that Just
the week before an attempt was made
to outrage her older daughter by Posey,
but nothing was done at the time.
The ycuug victim is in a very critical'condition,
but hopes are held out
for her ultimate recovery.
Posey had been living in the county
only one week, having moved from
Walker county. He lived in one of
the section houses at Rocky Face.
At 11 o'clock Saturday morning, Posey
arrived in Dalton with his young
victim and went to the office of Dr.
Wood. The physician was out of his
office, so the two immediately went to
the office of Dr. J. S. Rollins, who, on
making an examination and seeing the
critical condition of his patient, quickly
summoned Drs. McAfee and Erwin.
Officers were notified, and Posey
was taken to the Whitfield county jail,
where he was locked in the murderer's
cell. At first he denied his guilt, but
Sunday morning, just before being
lynched he .made a complete confession,
telling exactly how the deed was
accomplished. , . ;
As soon as the young girl was able
to talk, she said that her stepfather
had abused her.
COTTON IN LOW CONDITION.
. Most Discouraging for Month of July
So Far on Record.
The July report on. cotton of The
New York Journal of Commerce, just
issued, makes the condition 74.2 per
cent. This compares with 82.7 at the
same time last year, 81.2 in 1905 and
83.2 in 1904. This- is the lowest condition
in June on record, the nearest
approach to it being in 1900, when
the government estimate was 75.8.
VENGEANCE IS CABRERA'S.
Guatemalan President is Rounding Up
His Host of Enemies.
f/i too <->Vi c rl f.ttv tTint
President Cabrera of Guatemala has
caused the arrest of ICO citizens of
that republic on the charge of aileged
complicity in the recent attempt to
assassinate him. All were thrown
into prison and later huddled into
squads of 20 and tried in groups. Many
have been sentenced to death. Among
the prisoners are some of the most
wealuiy and prominent men in the republic.
UNCLE SAM IN GOOD SHAPE.
Finances at End of Fiscal Year $87,- i
OOC.COO on Right Side.
So far as working purposes are concerned
the fiscal year of the government
closed with a surplus of substan- ]
tially $37,000,000, one of the largest 1
net balances ever shown, in the fiscal ?
year 1902, there was a surplus of $91,- i
287,373, but that was the largest since i
1890. <
#
f
" r >V. >-i ..'V & i- J.-.- 'lVl. -V';
CHARGE OF CONSPIRACY j
Against Mine Owneta is Being Mads . '
Chief Feature of Defense in Haywood
Case at Boise. ,
The effort of the defense to open the
way for a showing of a general conspiracy
extending over many states
on the part of the mine owners to
crush out the Western Federation of ^
Miners developed one of the in- *
teresting features of the trial of Wil
liam D. Haywood at Boise, Idaho, Fri- - ''
day.
The state is resisting this very ear-* * M
nestly. So far Judge Wood has ruled
that evidence showing a conspiracy in
the states of Idaho and Colorado will ^
be admitted on the promise that the /
defense will connect this later with
their line of defense. But the defense M
has not given up their efforts to widen
the field and at Friday's session of .-Ja
court, the struggle wa3 resumed.
The conspiracy and not the discred- m
iting of Orchard ha3 now come to the gl
forefront. W. D. Easterly, who, as Jl
a member of the famous Altman Un- ^
ion iso. is or urippie ure^K, wa3 uu ,
the strike committee, and who Orcnard
swore was one of the men with whom
he made the arrangements for more ^ 'M
than one crime is still on the stand. ' |s
By him other links in the chain of
alleged conspiracy of the mine owners jgjjj
and the work of the detectives em- -VS
ployed by them to create feeling ^
against the Western Federation will 'tf||
be put in evidence. v :-l|]
Incidentaly Easterly flatly contradieted
every statement Orchard made*
connecting, him with the Independence
depot or the Vindicator mine. He tells
of philanthropic work of the Western
Federation through the Altman Union ;|l
in caring for the sick and widows j
and orphans.
Easterly will be taken under cross |||
examination by Senator Borah later, .
and i: is probable that this will be as ij|
searching as the cross examination of !'&
W. P. Davis, which the state counts ^|j
as a distinct triumph and a material . |g
assistance to their side. - yifiS
Clarence Darrow, who is conducting ?|||
the defense, and is in charge of the
witnesses, asserts most positively that |
he proposes to go, directly if possible^ % iS
into the conspiracy of the mine owners,
and claims if he succeeds in broadfc *
ill fA I
ening me scope ue vvui ue amc <*?
prove that a widespread conspiracy ^
existed. (
Darrow say3 he can bring the Pinkerton
agency in as one of the chiefs
in the conspiracy and claims to hare
witnesses who will fully support .
his charges. If the court permits this "-?jj
line of defense it threatens a proldh- ,?jJ|
gation of the case as the state will |j
call a large number of witnesses in J1
rebuttal. - '
A MILLION SOLDIER JAPS ^
Compose Mikado's Standing Army, .j
Says Returning Missionary.
The Rev. Henry C. Mabrie, general *
secretary of the .American Baptist ]ii
Union, who arrived at San Francisco ; ij
on the Korea, Friday, has been "on sr
four months' tour of the' Orient In- y||
specting the mission stations. He gave ^
careful study to the Japanese question
and says Americans should be want .
ed against under-estimating Japan's
strength. V:|M
"Tiiav Iiotto o standine army of
UWfV ? " w ? v
million men," he said, and their drill
work is not the performance of per- ?J|
functory evolutions. They go at it in /"/fj
the greatestest earnestness. No nation ?
caa afford to hold the Japanese effl- '
ciency or valor in contempt. ''. r^/l
"There is an increasing feeling beneath
the surface of uneasiness and
sensi:iveness in regard to our immi- ;;>
gration policy and the treatment of ^
her subjects. It is not so manifest os ^
reports would endeavor to convey; the
thoughtful, substantial men are disposed
to be patient and to trust to ?ji
the good intentions of our country and
our officials for an amicable adjust- -j
ment of the difficulties with regard to
their rights. . CjS
NEW IMMIGRATION LAWS. ' rS
Important Statute Passed by Last
Congress is Now Effective.
The new immigration laws placing.. numerous
restrictions upon the incom- ?i
ing of undesirable foreigners, went S
into effect Monday. The most important
change brought about by these .
acts is the increase of the head tax *
from $2 to $4, with the provision that
all over $2,000,000 of the revenue so * /|s
derived "Will revert to the United
States treasury instead of being de? v
voted to the usss of the immigration
bureau. . . ~ '|||
DEPUTY -LOST' HIS PRISONER.
Usual Crime of Negro Results in Usual
Aftermath.
Following an assault on a white girl
near Ruby, Va., a smail railway sta:ion,
a negro who had been arrested 3
md identified by the girl as her as- /i
sailant, was taken from a deputy sherff
by a piob while being carried to Al? . ' $
jxandria for safe keeping, and "lost/*