davidaulloa/AmericanStories huggingface dataset:
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-22
COURT OF INQUIRY DISSOLVED.
Admiral Dewey Receiver Formal Order from
Long and Takes Action Thereon
(By the Associated Press.)

(By the Associated Press.)
Washington Dec 21.-Secretary Long
today issued the formal order dissolving
the Schley court Of inquiry. The order
was communicated at once to Admiral
Dewey, President of the court, who ac-
knowledged it's receipt and said that in
conformity with the order of the Secre-
tary he had announced the dissolution of
the court.
Following is the text of the letter sent
by Secretary Long to Admiral Dewey this
afternoon, dissolving the Schley court OF
inquiry:
.The court of inquiry, of which you
are the president. convened by depart
ment's order of July 26th, 1901, for the
purpose of inquiring into the conduct of
Rear Admiral (then Commodore) W. S.
Schley, U. S. N, retired, during the re-
cent war with Spain, and the events
connected herewith, is this day dis
solved. You will inform the other mem
bers of the court and the Judge advocate
accordingly
Very respectfully,
tSigned) JOHN d. LONG,
Secretary.
To the admiral of the Navy
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-22
ARBITRARY AND TYRANNIcAL.
So Says Rayner Of Longs Decision To Decide
on Next Step This Week
(By the Associated Press. J

(By the Associated Press)
Baltimore Dec 21.--Isidor Rayner at
torney general of Maryland and counsel
Tor Admiral Schley, when shown the de-
e:slon of Secretary Long, today, declared
that "the whole proceedings is arbitrary
and tyrannical,'' and manifested great
surprise and indignation.
THE court decided the case" said he.
without considering the testimony Of
Admiral Schley and his witnesses and
Secretary Long seems to have decided
it without so much as permitting us to
file reply TO the protest filed by Nd :
miral Sampson attorneys.
This protest was fled late vest terdny
afternoon and just one hour ago NC an
ished our reply to 1t and sent it to Wash
ington.
Now ] understand that the Secretary
has decided against Admiral Dewey and
adverse to Schley's being in command at
Santiago and virtually in favor of Samp-
son, without even permitting US to pro-
duce before him the conclusive poof sd-
mitted at the heaing by consent. that
the command pactically and officially 6e-
volved upon Schley The whole proceed
ing is too arbitrary. and tyranIical for
me now to discuss. ! really worder
whether the people who live under free
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-22
SENTENCE cOMMUrED.
Governor Gives Price Fine Instead Of
Imprisonment.

The Governor yesterday commuted The
sentence Of J. B. Price, of Craven, who
was given one year in the peniteutary
by Judge Brown.
The case is a rather unusual one The
prisoner had not been placed in the peni-
tentiary end was out under oail, pend
ing an appeal to the Supreme court.
Price was tried on the charge of false
pretence and after conviction sdhtonceG
to one year in the penitentiary. The
judge agreed to change the sentence 10
the payment of $500 penalty and the costs
which amounted to 1856 Price went home
to get the money and before he returned
court had adjourned. The judge was tlcn
unable to change the sentence.
Governor Aycock changes the sentence
from years Imprisonment to the pcR-
atty and costs, which Judge Brown Of
fered the defendant as a substitute.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-22
W. A. THOMAS GETS Sc, 900.
Important Decisions by the Supreme Court
Yesterday.

The Supreme court handed down q
number of important opinions yesterday
in addition to that in the Coley case,
which is reported elsewhere.
Two other railroad cases we're de-
termined upon, the Fellow Servant Act,
which also determined the Coley case.
These were the cases Of w. A. Thomas
VS.. the Railroad Cogdell VS.. the Rail-
road.
In the case of Thomas, who is a citizen
of New Light, Wake county, the decision
of the lower court was affirmed. Thomas
was injured as the result of an accident
to hand car, and the jury held that
negligence on the part OF the railroad
was the cause of the accident. A judg-
ment for $4,000 in favor OF Thomas was
rendered against the Seaboard Air Line
The plaintiff will get this sum with in
terest. The court in its opinion In this
case said:
at may now be considered settled that
the act of 1897 deprives all railroad COM
panies operating In this State of the de-
fence of assumption OF risk, whether
resting in contract, express or implied
and whether treated directly or under
the doctrine of fellow servant"
c. T. Cogdell, a fireman employed By
the Southern Railway at Winston, suet
the Southern for injuries sustained II
the performance of his duties. The
amount sued for was $400 and the jury
rendered verdict for that amount. This
court yesterday affirmed the decision oi
the lower court in compliance with previ-
Gus interpretations of the Fellow Seryan'
Act.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-22
THROUGH ARM, HAND AND LEG.
Will Xoresicndsr Infiicts Serious Wounds o,
Walter White in IN ARRAY.
(sneciaI to News and Ohserver

Especial to News and Observer
Washington, ". c., Dec. 21.--Two weeks
ego Walter White was thrashed by VIII
Moreslender over the river. Today More
lender came to town and Will attacked
him. Moreslender drew a pistol and
fred four shots. Thre took effect, going
through Whites arm, hand and leg. Each
ball went clear through, touching no
arteries or bones. DR.. Blount, who is at
tending White. says the wounds are quite
serious. Both men were placed under a
bond of FIVE hundred dollars till Friday.
They waived examination.
The firm of Miles & Corey, carriage
builders, today bought the complete car
riage works, including good will, OF Ed
ward Long, the old builder.
The Washington junior football team
yesterday defeated Trinity school juniors.
The score was 6 to o.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-22
WHEN PENSIONERS DIE
Registers Of Deeds Directed to Send Warrants
Baek to Auditor

The following letter was mailed to the
various register OF deeds in the state
yesterday by the State Auditor:
Owing to the very great demspc for
pensions this year. the Pension Board
decided that where a pensioner dies be-
fore his warrant reaches him that the
warrant must be returned to this office
for cancellation, in order that new war
rants may be issued to other soldiers
equally deserving. II any OF your pen
siorers have died. please return warrants
70 this office at once. that new warrants
may be issued. Hitherto the PeEklCn
Board has been willing TO give 10 the
representatives of parties who died the
warrants in order to pay burial expens .s,
etc, but owing TO the extreme pressure
on the board this year, il has made the
above ruling"
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-22
Relief For the Poor.

The very cold spell through which we
arc passing, the coolest in years, sug-
gest the necessity for providing for the
relief of the poor. The Citizens Relief
Association, composed of representative
men, are ready to wisely distribute gifts
of provisions, clothing or money The
following are the officers of the associa-
tion: DR.. A. A. Marshall. president;
Messrs. j, I. Johnson. j. G. Brown. s. W
Whiting, J. r. Pullen and j. NJ Brough-
ton, executive committee.
Gifts may be left with any of the Off
GERS or deposited at the Raleigh Savings
B3nk. DR.. Marshall authorizes us to
state that he will send for any gifts OF
clothing or provisions if notified Call
him by Bell Telephone No 27S.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-22
Leads all North Carolina Daies i'm News and Circulation

plantations, but illustrates the import
ance of the rule which you have violated.
''ELIHU ROOT, Secretary of War
The fact that imultaneouly with the
publication OF the Miles correspondence,
Secretary Root gave out a copy of Secre-
tary Longs letter directing that Maclay' s
resignation be requested, taken in con-
nection with the publication this morn
ing of the final chapters of the Schley
case, so far as it has figured before the
Navy Department is taken as an indi-
cation of the Presidents purpose to
clear the official records of all pending
issues in that matter. Secretary Root g
publication of the Maclay letter is ex-
planned by the fact that he left the
White House some time after Secretary
Long had been there, and thus was in a
position 10 carry out the Presidents s
latest wish in the matter.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-22
CONSIDERS The MATTER
Connect on With the Dalton Paper
Company One Obstacle.
THE GOVERNMENT USES THIS PAPER
Crane Asks 10 b, Given Until Monday to Mako
Decision. May Dispose cf Iuteres
in Paper Mil Il He
lRr the Associated press.l

Washington, Dec. 21.-While no official
confirmation can be obtained at the
White House, IT is believed that Presi-
dent Roosevelt has offered the treasury
portfolio TO Governor Crane, Of Massa-
chusetts and the latter now has the
tender under advisement.
One OF the difficulties in the way Of
Governor Cranes acceptance is under
stood to be his connection with the pa
per company at Dalton, Mass, which
furnishes the paper for Government
notes. This paper is prepared by q Sc
cret process and the Governments con-
tract with the Dalton Company is a
large one. Should Governor Crane ac-
cept the treasury portfolio, 1t is consid-
cred probable that he would dispose OF
his interest In the paper company.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-22
SOUTHERN ATHLETES
The intercollegiate Athletic
Association in Session at
the University.
Especial to News and Observer

tSpeciDl TO news ana ODSeTNeE.D
Chapel HILL N. c.. Dec. 21.-The an
nual meeting of the Southern Inter
collegiate Athletic Association was held
this morning at 1890 in the college au-
dtorium. The meeting was called to
order by President Dudley of Vanderbilt
University. The permanent secretary of
the association being absent, DR.. Bask-
erville representing the University of
North Carolina, was elected temporary
secretary. After a permanent organiza-
ton was effected and the appointment of
a. committee to consider the credentials
was accomplished the meeting ad-
iourned until 4:30 this afternoon.
The following gentlemen representing
many of the prominent colleges Of the
South, are present: President Dudley of
Vanderbilt; DR.. E.. Sheib and Mr. e.
Fighter, Tulane University; Mr.. c. A.
Kuykendall, Cumberland University;
Prof. H. A. Morgan and Col. A. T.
Prescott, University of Louisiana
Professor X. q. Matheson and
R. G. Merry. Georgia School of Tech
niology; Vice President b. L. Virgins and
Francis M. Osborne, University of the
South; Prof w. M. Riggs, S. c. A. and ~,
Cleson, South Carolina; Prof. S. S. Gal
BIRTH and r. e. e. Little, University of
Nashville; DR.. A. =. Ellis, University of
Texas; Prof A. H. Patterson, Universit ?
of Georgia; Dr. Baskerville and Mr. f.
K. Graham, University of North Carolina:
Thomas Bragg, A. P. l.. Auburn; Prof.
C. A. Keffer, University of Tennessee
A. T. Bodurant, University of Misris-
sippi.
Proptly at 4:30 the association was
called to order and the report of the
executive committee was read and ac-
cepted. The Georgia School of Tech
nology which was suspended from the
association last year was reinstated
Sewanee, which was also suspended by the
association last year. was reinstatel.
The charges against anderbilt of violating
the rules of constitution were withdraw.
The association has been in session the
entire day and considerable part oil :he
night but it has not accomplished it's
definite purpose. This is due to the de-
ley of the trains. causing many members
to arrive late. One or two new amend
n ents have passed the association att
aside from this it has accomplished moth
ing Of any Importance.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-22
The Report Confirmed.
(By the Associated Press. J

Boston Dec. 21.--A close friend of Gov
ernor w. Murray Crane today confirmed
q reportu from Washington published
today, stating that the Governor had
been offered the treasury portfolio by
President Roosevelt, and said that the
Governor had asked for time until next
Monday, before deciding whether or not
he would accept.
A telephone message from Dalton, Gov
ernor Cranes home, received here to-
day, says that Governor Crane is con-
sidering the question with great thor
oughness, and is inclined to accept the
position. Family and personal consid-
erations cause the Governors hesitation.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-22
LONG DIsposEs OF TIE CASE.
He approves the Majority Opinion Of the Cour'
Censuripg scnley

Washington, Dec. 21-Secretary Long
has disposed finally of the Schley case sc
far as the Navy Department is concerned
by acting upon the findings and conclu-
sions of the court of inquiry.
He approves the findings of fact and the
opinion cf the full court; he approves the
majority opinion where there is diff
ference in the court; he holds that the
court could not have entered into a con-
sideration of the question of command
at the battle of Santiago; and finally he
accepts The recommendation that nc
further proceedings shall be had.
The Secretary also has declined the ap-
plication of Admiral Simpsons counsel
to enter upon an inquiry into the ques-
tion of command, and has notified Ad-
miral Schleys counsel OF that fact as a
reason for declining to hear them on
that point.
Secretary Longs approval Of the ma
jority report was as follows:
THE department has read the testi-
mony in this case, the arguments of
counsel at the trial; the courts findings
of fact, opinion and recommendation !;
the individual memorandum of the pre-
siding member; the statement of excep-
tions to the said findings, and opinion
by the applicant; the reply to said state
ment by the judge advocate of the court,
and his assistant and the brief this day
submitted by counsel for Rear Admiral
Sampson traversing the presiding mem
ber's view as to who was in command
at the battle of Santiago; and after
careful consideration, the findings of
fact and the opinion of the court are
approved.
AS to the points on which the pre-
siding member differs from the opinion
of the majority of the court, the opinion
OF the majority is approved
AS to the further expression of his
views by the same member with regard
TO the questions of command on the
morning Of July 3rd 1898, and of the
title to credit for the ensuing victory,
the conduct of the court in making no
finding and rendering no opinion on those
questions is approved-indeed it could
with propriety take no other course, evil
dence on these questions, during the in
quiry, having been excluded by the court
The department approves the recon-
proceedings be had in the premises.
tion of the arduouS labors of the whole
court
(Signed.) JOHN ID. LONG,
Secretary of the Navy"
The text of the Secretary's letters TO
Admiral Simpsons attorney and to A6-
miral Schley follow:
Navy Department,
Washington, ID. c., Dec. 20, 1901.
Gentlemen In. view CT the depart
ment 8 approval this day. of the recon
mendation of the Court of Inquiry in the
case Of Rear Admiral Schley, that no
further proceedings be had and Of ne
fact that the question of command was
excluded from consideration by the conrt,
the department will take no action upon
the brief filed by you in behalf of Rear
Admiral William T. Sampson.
Very respectfully
tSignsd) JOHN d. LONG,
Secretary of the Navy.
"Messrs. Stayton, Campbell and Theail i,
Johnston Building, so Broad street,
New York,
Navy Department,
Washington, D. c., Dec 20. 1901
r-Referring to the department s
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-22
FOUR DEGREES Below ZERO.
This Beats All Records For December at
kshevills

(By the Associated Press.)
Asheville, N. c., Dec. 21.--The ther-
onneter recorded four degrees below zero
here this morning
This breaks all records for December.
AIRIsH AT RICHMOND.
Richmond, Va, Dec. 21.--It was colder
in Richmond last night or early this
morning than it has been since the
weather bureau was established here. ex-
cept in 1899. The temperature fell about
a. m. as low as nine and three-tenths
degrees. At eight o'clock this morning
the thermometer registered eleven de-
grees, the two radlngs bing by odds the
lowest OF the year. At six o'clock this
evening the figure was %.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-22
DEATH IN BELO'S POND
Ice Gave Way Under Holder S
Feet. His Sweetheart
Attempts Suicide,
(snecial to News and Observer J


Winston n-Salem, n. c., Dec N.-Walter
Holder. aged 10 years, broke through the
ice and was drowned IN Belo's pond last
night. The body was recovered two
hours after the accident. Young Holder,
with two OF three friends, went out to
the pond, and to show his partners that
the ice was strong enough to hold them
up, he ran out on it forty feet, when,
with a crash the ice broke and he went
through.
He made desperate efforts to pull him.
self out, but the ice Kept breaking. Then
he cried for help and rope was thrown
to him, but he was unable to get hold
of l..
The young mans sweetheart, upon
hearing of his death today, made an un-
successful attempt to commit suicide.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-22

institutions will tolerate the exercise Of
such despotic measures.
You ask me what our next step VIII
be. / do not know unless the Presido':t
>atervenes. There is a lower III th~
courts to compel the Secretary to fie
the dissenting opinion of Admiral Dewey
whether he agrees with it or not. We
will determine next week what proceed
irgs we will adopt"
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-22
DASHED INT0 THE PRIVATE
CAR OF GOVERNOR CRANE.
Collision at Flats, Station on the Richmond
aid Danville S5 Miles Eastof
Salisbury.
(By the Associated Press. !

Salisbury, n. G., Dec. 21.T-An east
bound freight ran into passenger trsiu
at Flats a station S5 miles east of l.eys
on the Richmond and Danville Rail~ay
at midnight last night, shattering the
rear OF the private car of Governor
Crane, of Massachusetts,. attached to the
passenger train. Only the fireman on the
freight was slightly injured
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-22
! Prominent Man,Killsd.by Negro.
(By the Associated Press.

Bluefield, w. Va. Dec. 20.-Dayton RI.
Miller, secretary and treasurer of the
Groves Nest Coal and Coke Company,
was shot and killed this afternoon by a
negro at Toms Greek, Va. The murder
has created considerable excitement and
the negro may be lynched.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-22
DIR. ALFONSO SMITH WILL
BE PROFESSOR OF ENGLISH
At the Next Annual Session at the University
DR.. Hume Will be Made Professor
Emeritus.
(Speciai to News and Observer.)

(Speciai to News and Observer)
Greensboro, N. c.. Dec 2l.-Lr. c..
Alphonso Smith. who has held the chair
of English in the University of Louisiana
several years, will take charge of the
English department in the University of
North Carolina at the beginning of the
next annual session. DR.. Hume will be
made professor of Emeritus.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-22
Produce Exchange Closes Tuesday
lBv the Associated Press ]

(By the Associated Press.)
New York, Dec. 21.-At special meet
ing Of the Board Of Managers of the Pro
duce Exchange, II was decided to close
the exchange Tuesday. the day before
Christmas.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-22
ANOTHER TRIUMPH won BY
GALLANT ADMIRAL SCHLEY
For While Long Apr owes the Majority Opin-
ion of the SchIey Court Of
Inquiry
RESIGNATION Of MACLAY IS DEMANDED

letter Of the 18th inst, you are advised
that action has today been taken upon
the findings. opinions and recommcnda-
ton Of the Court of Inquiry in your case,
and upon the minority opinion of the
presiding member, and copy of the en-
dorsement embodying such action is here
with transmitted for your information.
I'm response to your request of the 18th
inst. heretofore acknowledged. that. If a
protest should be filed by Rear Admiral
w. T. Sampson. relative to the question
of command of the American naval forces
during the battle Of Santiago and credit
for the victory won in that battle, you be
accorded an opportunity to present,
through your counsel, oral argument.
against such protest, YOU are advised that
a brief on this subject has this day been
filed by Messrs. Stayton, Campbell and
Theall, counsel for Admiral Sampson.S
''In view, however, of the department S
approval of the recommendation of the
Court of Inquiry that no further proceed
irgs be had, and of the fact that the
question of command was excluded from
consideration by the court, no action Will
be taken upon said brief and reply to that
effect (copy enclosed) has this day been
made to counsel for Admiral Sampson.
A copy of the report Of Judge Advo-
cate of the court and his assistant, upon
your communication of the 18th inst ant,
obiecting to the approval of the findings
of the court, is also herewith transmit
ted.
Very respectfully,
(Signed) ':JOHN D.. LONG,
Secretary of the Navy.
Admiral Winfield s Schley, U. S. NJ, re-
tired, The Richmond, Washington,
d. c.
When seen at his hotel this afternoon,
Admiral Schley stated that he did not
care to make any comment whatever upon
the action taken by Secretary Long on the
findings of the Court of Inquiry. The Ad-
miral said that he would leave Washing
ton on Monday next for New York city,
where he will remain for ali indefinite
period. Messrs. Rayner and league, ff
counsel for Admiral Schley were in Bal
timore today, and in their absence the
Admiral was not prepared to say whether
any further ACTION would be taken in Ais
behalf at the Navy Department or in Con
gress, or whether or not final appeal to
President Roosevelt would be made.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-22
Norfolk Peanut Market.

B ythe Associated Press)
Norfolk. Va, Dec s1.-Peanuts, duu;
fancy 2A; strictly prime z1s; prime
to 2H. New, fancy &C.: strictly prime
~ to 27s prime s7s to 2is, sranisa
T3ts 70 To-
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-22
SIS, COO For a Seat on Stock Exchange.

(By the Associated Prcss)
New York, Dec. 21-~A scat on the New
York stock exchange was sold today fol-
$4,000 This is the highest price ever
paid
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-22

The policemen arc to be sheltered
these wintry days by s14.50 overcoats.
The contract for these cold proof long
blues went 70 J. Rosengarten, and the
force do not care how quickly they ar
rive.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-22
Wells Fargo's President Dead.
fBv the Associated prcss ,

Iby UTE ASSOCdCed PTc5S.J
Oakland, Cal. Dec. e1.--John J. Vaier-
tine. president of Wells Fargo & Com
pany's Express, died at 80 O'Clock this
morning.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-22
This is Done by Direction Of
the President.
LONG PUTS ASIDE QUESTION OF COMMAND
He Holds That the Court Could Not
Have Entered Into It's Consideration
and Therefore Declines the Applica-
tion Made by Simpsons Counsel
schley Will Say Nothing as to the
Course He May Pursue.

q (By the Associated Press.)
q Washington, Dec. 21.-The fol-
D lowing order was made public this
q afternoon by Secretary of War =
e Root:
q Navy Department,
y Washington, d. c., Dec. goth. Z
= Rear Admiral A. S. Parker, Com
q mandant Navy Yard, New York.
= "Sir: / am directed by the Presi
y dent to ask Edgar s. Maclay, spe-
y cial laborer, general store-keeper's Z
= office, Navy Yard, New York, to q
q send in his resignation.
= Every respectfully,
g g"JOHN ~ LONG. Secretary" e
y =
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-22
Very respectfully,
(Signed.) "ELIHU ROOT,
r-secCetsry of War.

Lieutenant Gener; Yes,
Headquarters of the Al.
''P. s.-Tour second letter OF explans
tiop, dated today and received since the
above was written does not change the
case The necessity for repeated ex-