davidaulloa/AmericanStories huggingface dataset:
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-04
APPLICATION FOR
BALLS GRANTED
Judge G. Fl. Brown Jr., Delivers the Decision
in the Habeas Corpus Case
at Wilson.

legislature the Importance of creating
within the heart Of the Appalachian re-
gion a great forest reservation This
should be done not simply because it is
desirable to preserve the riches of the
people in our woodlands by judicious APP
plication of the arts Of the forester, but
because unless the denudation of our high
lands is prevented the flow of waters in
our great rivers, and incidentally our
commerce, viii be materially affected.
81 was talking the other day with the
Secretary of Agriculture Of the United
States. He told me that in the South
there are vast agricultural possibilities as
yet wholly unrealized, to which it is one
of the objects of the general government,
if possible, to call the attention of the
people of this section. An old acquaint-
ance of mine, l understand, is already
engaged in your sister commonwealth Of
South Carolina in growing tea very sue
eessfully, and his tea is being marketed
in the larger cities Of the North, and
commands high prices. There is no rca-
son why tea should not be grown in South
Carolina and Georgia as we'll as it is
grown in Japan and China. Silk culture
deserves attention. The conditions for
the successful production of silk appear
Continued on Page Five.)
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-04
Bids for Building Battleships.
fBx the Associated Press }

Washington, June Bids were opened
at the Navy Department today for the
construction of the Minnesota, Vermont
and Kansas, the three 10000 ton battle
ships authorized by the last Congress,
each to cost not exceeding $4,212,0O0.
The Newport News Shipbuilding Com
lowest bidders for one vessel, the William
Cramp and Son Ship and Engine Building
Company, were the only bidders Cor more
than one ship. Following are the bids:
Newport News Ship-building Company,
one vessel department plans, to be com
pleted In forty-two months from date Of
contract, $4,110,0O0; William Cramp &
Son Ship and Engine Building Company
one vessel. department plans to be com
pleted in forty-two months, $4190,O00 or
two vessels, departments plans, in same
time, S41S1 900 each. Fore River Ship
and Engine Building Company, Quincy
Mass, one vessel, departments plans,
forty-two months, $4,179,0 900. Eastern
Ship building Company, New London,
Conn, one vessel, forty-two months,
81, 1872, 900. New York Ship-building Com
pany, one vessel, departments plans,
forty-two months, S4,165,00O.
1t is supposed that the unsettled labor
conditions throughout the country is the
cause of the small number of bidders, and
for the fact that only one company bld
on more than one ship.
These battleships viii be the most pow
erful vessels of the American Navy. They
will have a required speed OF Is knots, and
a displacement Of $4,000 tons.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-04
THE AREQUIPA LOST
Only Seventeen Persons Out
of Eighteen on Board
Saved.
(By the Associated Press

London, June "a dispatch to Loyds
from Valparaiso, Chile, says the Pacific
Steam Navigation Company's steamer
Arequipa, during lull in yesterdays
great storm at Valparaiso, left that port
in an endeavor to ride out the gale at
sea. The agent cables that the steamer
which had eighty persons on board, was
lost The bodies of some of the Arequipa's
crew, he adds, have been washed ashore
Later advices say the Arequipa found
cred at her moorings and that the cap
tain, his wife and the majority of the
crew were lost.
Santiago de Chile, June 3.-According to
advices received here from Valparaiso
Captain Todd, his wife, fifty of the crew
and many of the passengers Of the Are
quipa were drowned yesterday when that
steamer foundered.
Valparaiso, Chile, June 3.-Seventeer
persons were saved out of the eighty on
board the Pacific Steam Navigation Com
panys steamer Arequipa when she
foundercd during the gale, which swept
over this coast yesterday.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-04
D+s-NE+~sN+s @+:A+;.N *N+E 4esN8
Especial to News and Observer


Wilson, N. c., June 9.--Judge Brown
has rendered his decision in the case OF
j. B. Piver, w. H. Rich, Gilbert Ward,
John Allen, w. W Barnes and George
Whitley, who were indicted for the mur-
der Of Percy Jones on the night Of May
18th, and who were granted hearing
on application for writ Of habeas cor
pus The prisoners are admitted to bail
in the sum of $4,000 each. The decision
follows
State vs.. J. B. Piver, W H Rich, Gilbert
Ward, John Allen, w. W Barnes, Geo.
Whitley.
The above named prisoners were
brought before me in obedience to a writ
of habeas corpus at wilson and applied
for bail They stand indicted for the
murder of one Percy Jones and there
are five others included in the bill With
them. These last were admitted to bal
at the May term Of Wilson court, four
Of them being acquitted By the coroncr's
jury, there being but little, if any, evi-
dence duplicating either of them. The
six prisoners above named now ask Cor
bail upon two grounds: First because
there is not sufficient evidence to warrant
the finding of a bill for any offence sec
end, because in any view of the evidence
the crime at most is murder in the sec
ond degree which is not capital and is a
bailable offence as a matter of right
The right Of a judge to bail a prisoner
in all cases, without exception is de
clared by the supreme court in State vs..
Herndon, 107 N c., 1884, whether the
judge should admit to bail in cases where
the bill Of Indictment charges a capital
felony is left to his conscience in the
exercise of a sound discretion after hear
ing the evidence. It is contrary to the
very. genius Of our free institutions to
punish before conviction. Therefore, bail
is favored by the law where it can safely
be allowed.
At the hearing all the states witnesses
were fully examined orally. The prison
ers offered no testimony but rested thcir
case solely upon tie evidence offered IN
behalf of the State.
1t appears from all the evidence that
deceased was in his room about mid
night of May 18th. A number of persons
broke in his room and deceased fired a
SnOJ gun dN lI6H uIcl. III lAiN 9i+bNtiA9
which followed the deceased was laliea,
by whom does not appear.
An important and unbiased listener to
all the evidence offered for the State must
/ think conclude that the purpose Of the
persons who broke in the room of the de-
ceased was not to kill, but to whip Jones
and drive him from the town. The pre-
meditated purpose to murder which
A. H--~.- IL
and the circumstances of the killing. is
rebutted by the States own evidence. In-
troduced on this hearing.
The evidence showed clearly uPon the
part of the persons assailing jones a
and purpose to do an unlawful
act, in which death ensued. Prior to the
act of Legislature of 1893 this was MUIR
der. Since that act a great change has
been made in the law, whether. for the
Continued on Fifth Page.)
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-04
TIE ELKs' REUNION.
Proceedings Of the First Days Session at
Wrightsville Beach.

Especial to the News and Observer.)
Wilmington, N. c., June 3.-The third
annual reunion of the North Carolina
Association of Elks began at Wrighrsvile
Beach today with an executive session at
II o'clock in the hall ball room of the
Seashore Hotel, which is attractively de
corated In crimson and white, the colors
or the order. President B. S. Davis pre-
sided at the meeting and the proceed
ings consisted of welcoming address by
Past Exalted Ruler William j. Bellamy,
a wfttye and brilliant response by Deputy
Grand Marshal H. W. Wilson, of Char
lotte, The unanimous endorsement of w.
A Maybry of Durham for the grand
lodge office of district deputy; the re-
commentator of c. f. Tomlinson, of
Winston, for Esteemed Lecturing knight
of the Supreme Lodge and a number of
routine items of business. Owing to the
Baltimore meeting in July the attendance
upon the reunion is small, but there is
no lack of enthusiasm.
Tomorrow the annual election of off
GERS and an elaborate banquet at night
will be the features.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-04

the testimony and argument of counsel,
we are of the opinion that, as the case
IS presented to u.s. under the rule laid
down In State VS.. Herndon, 107 N. G. 9S4,
the petitioner is entitled to bail.
1t IS, therefore, ordered and adjudged
that the petitioner, Ernest Haywood, give
bond with good and sufficient sureties IN
the sum of ten thousand dollars ($1O,O00l
conditioned as required by law for his
appearance at the next term of the Su-
perior court of the county of Wake, 20
answer the indictment now pending against
him, and upon the approval of the said
bond by me or by the clerk of the Su-
perior court of said county, the sheriff
will release the petitioner from custody
1T is further adjudged that the costs
of the State in this proceeding be paid
by the county of Wake, and that the
petitioner pay his own costs. the said costs
to be taxed by the clerk of the Superior
court of said county, including the usual
fees of the officers"
The opinion is signed by r. NJ. Douglas,
Justice of the Supreme Court of North
Carolina
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-04

Yesterday a few minutes after u o'clocl
Associate Justice R. NJ. Douglas, of the
Supreme Court, in the county court house
here, announced the decision in the Hay
wood petition that the prisoner was en-,
titled to bail
As the vital words were pronounced
there was some applause, loud clapping oi
hands in the big crowd, but Sheriff Page
cut it short in a second, commanding
silence in the court, and Judge Douglass
said that there must be no demonstration
of any kind.
Judge Douglas said that after a careful
consideration of all the testimony and
argument of counsel, Justice Walker and
he were of the opinion that. as the case
was presented to them, under the rule
laid down in State VS.. Herndon, 107 N. c..
9S4, the petitioner was entitled to bail
A bond of $4,000 was required for the
appearance of Mr.. Haywood at the next
term of the Superior court of Wake
county. Counsel were ready with the
bond and the bondsnen, it being only
necessary to fill in the amount and for
the bondsmen to justify and be sworn.
This did not take long, and it was just
about forty minutes past twelve O'Clock
when Judge Douglas said: "The bond is
approved Mr. Sheriff, you will release
the petitioner from custody" Sheriff
Page walked over to Mr.. Haywood and
formally told him he was released.
After few minutes, Mr.. Haywood and
his three brothers, DR.. Hubert Haywood
and Messrs. A. W. and Edgar Haywood
entered a closed carriase and were driven
to the Haywood home on New Bern Ave
nue., where the aged mother was awaiting
them.
So Ernest Haywood is at home again.
after spending three months and ten days,
or one hundred and two days in jail.
Besides the applause at the decision of
the judges. which was so promptly cut
short by the sheriff and the Judge, there
was no excitement or confusion of any
kind All was orderly and dignified
While the bond was being fixed, and after
wards, friends crowded around Mr.. Hay
wood and shook his hand and chatted with
him. At those times his face lighted up
with his usual bright smile. This was the
only approach to a demonstration. When
the brothers passed rapidly from the
court house into the waiting carriage in
the street was very quiet Save for the
little knot of people coming out of the
court house, for the bulk of the crowd had
left sooner, there was no crowd at all,
and no demonstration of any kind in the
street
There was not very great crowd that
waited for the doors of the court room
to open at IL O'Clock, but after they were
opened the people came fast until the
entire room was once more packed and
iamrned as on the first days of the hear
ing.
The Judges were two or three minutes
late in reaching the bench, and in the
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-04
ERNEST HAYWOOD
IS OUT OF JAIL
Released on Bail of $4,000, by Decision of
Justice R. NJ. Douglas at Noon
Yesterday.

mean time the prisoner and counsel on
both sides had seated themselves in the
places they usually occupied during the
hearing, the defense in the middle facing
the judges, and the prosecution over to-
ward the jury box, near the rail.
All of counsel for the defense were pres
ent except Capt. w. H. Day and w. n.
Jones. Senator H. E. Norris and Mr.. r.
C. Strong represented counsel for the
prosecution. DR.. Thomas E. Skinner was
present, but Mr. John H. Winder, who at
tended the hearing every day, had left
for his home in Columbus the night be-
fore. With counsel for the defense sat
several of the bondsmen.
Naturally a great many people watched
the prisoner Mr.. Haywood sat half facing
the judges but not looking at them; IN
fact, not once did he seem to turn his
eyes to the bench He did not look well,
his face was thin, pinched, yellow, dark
around the eyes His air was easy, as it
has been all through. AS usual one hand
was tapping slightly with tooth pick
or pencil on the table. AS Judge Douglas
began to read the decision, Mr. Haywood :
face did not change. The lines around
the mouth seemed drawn and tense, as
indeed they have seemed for several
days
When the crucial point in the decision
was reached, still there was no change
in his face. By those closest to him he
was seen to swallow, that was all, and
when the applause began, he did not show
that he heard it.
After the decision was read, the two
nearest Mr.. Haywood, Mr.. w. NJ. Saund-
ers, of Smithfield, one of his bondsmen,
and Mr.. S. G. Ryan, of counsel, were the
first to shake his hand. Then his face
lighted up, and he appeared in better
spirits afterward. as he was kept busy
grasping the hands extended to him, and
replying to words of good cheer.
Judge Douglass, after expressing their
of the assistance rendered by
counsel during the proceedings and the
manner IN which the mattey had been
conducted, and thanking the officers of
the court for faithful performance OF
their duties, declred the court adjourned.
Then Mr.. Pou stated that the bond was
ready and lould be executed in a few
minutes. In the mean time DR.. Hubert
Haywood ran downstairs to telephone to
his mother the result. Then the bonds
men were sworn in and justified, and Mr..
Ryan read the bond, which was then sub
mitted- to counsel on the other side. Mr..
Norris said Representing the State, we
think that a good bond.'
Here are the bondsmen, and after the
name of each one is the amount justified,
or the amount each one Is individually
rocrope,J,lo foT.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-04
STEAMER AND BARGE COLLIDE.
-Four Lives Lost in Disaster Near Hannibal
Missouri.


Hannibal, Mo-, June 3.-Four lives were
lost by drowning here today in the col
Hsion of the steamer Flying Eagle, towing
a barge filled with Sunday sschool excur-
sionists with pier of the Hannibal
bridge The dead
Lonnie b. Curtis, aged H.
Martha Coppedga, aged 8.
Harry Echenberger aged II.
Peggy Harvey, cook on steamer.
About $50 children from the Park Meth
odist church Sunday school at Hanni-
bal had boarded the barge and a number
were on the steamer. The excursion left
Hannibal to run to Quincy and afford a
view of the swollen Mississippi. AS the
boat swung out into the river the swift
curren seized the craft and despite all
efforts bore it straight down toward the
STONE pier of the bridge nearest the
shore. With a crash the steamer was
hurled against the pier and wrecked, but
aid not sink Immediately. For time
1t was wedged against the pier by the
current and held while the terror stricken
children and the accompanying adults
climbed up the pier to the bridge. In
this way almost half of the passengers
were saved. Before all could reach safety
the barge was veered around by the cur
rent and finally swung loose from the
pier and noated down stream. In the
sudden swinging out of the barge the three
children were thrown into the water and
swept away to their deaths.
Further down. the stream the catastro
phe had been witnessed and at hand were
number OF skiffs and rowboats. -
one thought these boats were manned and
like miniature feet they shot out into
the swollen stream to meet the barge
The rescuing boats surrounded the barge
and the children were quickly taken iron
it and were safely landed.
The cause of the accident was the blow
ing out of cylinder head OF the boat'
engine disabling her and placing th'
craft at the mercy OF the swift current
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-04
FIVE KILLED IN WRECK ON
THE ATLANTIC COAST LINE
Disaster Near Wedgefield, South Carolina Twenty
Nine People We're Injured. the Engineer
Perhaps Fatally
especial to News and Observer

was decidedly popular in railroad and bus
mess circles and the news of his untimely
detail cast a gloom over the community
here today The remains will be brought
TO wilmington for interment tomorrow.
The news of the wreck reached Coast
Line headquarters soon after it occurred
and special trains were dispatched to the
scene from Sumter, Columbia, Florence
and wilmington A number of the officials
left on another special from here early in
the afternoon. The wrecked train con-
sisted of engine. baggage car and four
coaches bound from Nichols, S. c., to Co
lumbia.
Official reports to the Coast Line say
that besides Conductor Clemmons -four
passengers were killed and about twenty
nine others were injured. Engineer Geo
Wilson is thought to be fatally injured.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-04

Wllmintong N. c., June 3.-Conductor ).
). Clemmons, who was killed in the wreck
OF the colored excursion train near Wedge
field, 5. c., this morning, was native of
Southport, but lived in Wilmington near
ly all his life, until he removed to Flor
eRee' S. c., two years ago His regular
runs were from Florence to Augusta and
from Florence to Wadesboro, N. c.
He was forty-one years Of age and
leaves wife and four children. the old
est child being twelve years of age He
also leaves brother and number of
other relatives here.
Capt. Clemmons was man of unusual
ly high character and during his residence
here was elected a deacon in the First
Baptist church. He belonged to the X
of P. order and carried $4,000 insurance
in the endowment rank of the same. He
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-04
Leads all North Carolina Daies i'm News % Circulation

lina's Contribution to English Ascendency
III America
Edward Ray, Byrons Personality in
Manfred.
John Kirkland Ross, Living according
to Nature.
Joshua John Skinner Chemical and
Mineral Nature of Soils.
Frank Smathers, the Law as Applied
to the Sale Of Personal Property
Harry Pelham Stevens, the Organiza-
tions and Accomplishments of the Stand
ard Oil Company.
Roach Sidney Stewart, the Southern
Boy
Braston Isaiah Tart, the Geological Oc-
currence and Economic Value of Rare
Minerals in North Carolina
James Battle Thorpe, an Investigation
of Some New Compounds Of Praeseodidy-
MUM.
Jacob Tomlinson, the Metamorphic Ori-
gin of Certain GRANTEES
Henry Gray Turner, the Theory Of Evo-
luton.
Nathan Wilson Walker, the Influence of
the Morse Mythology and Literature on
English Romanticism
John Edward Koonce, a short Sketch of
the Lives of Some Prominent Pharmacists
William Morgan Perry, Nux Vomica.
Thomas Floyd Rhodes, Digitalis.
Then came the orations by members of
the graduating class as follows:
The Opportunity of the South for Lead
ership in our Nations Progress, Thomas
Jackson Gold.
The Idealism of the Twentieth Cen
tury Bartholomew Fuller Huske.
The Mission of the Reunited Republic,
Curtis Ashley Bynum.
The Duty of the South to the Century
Boy, Charles Edward Maddry.
These men we're selected by competi-
ton before the faculty as contestants for
the Wiley p Mangum orators medal, the
highest oratorical medal to be won in the
university.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-04

Hot Springs, N c., June 3.-The second
days session of the State Medical Society
was preceded last night by lecture and
demonstration Of book worm disease, on
uncinariasis by DR.. stiles, of Washington,
d. G. This morning papers we're read by
Drs. II. Nick. Tucker Raleigh, and L. II.
McBrayer,, of Asheville; in the afternoon
by Drs. J. NJ. Flppen, Salisbury; ID. 7.
Tayloe, Washington; 7. A. Nicholson, ].
M. Parrott, Kinston; c. A. Julian,
Thomasville; X P. Battle, Raleigh. ThC
discussions were interesting.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-04
RALEIGH CHOSEN AS THE
NEXT PLACE OF MEETING
The Board of Medical Examiners Reports Seventy Six
Successful Applicants out of One Hum
dred and Seven.
Especial to News and observer)

Election of officers resulted as follows
President II. B. Weaver, Asheville; Secre-
tary. j. H. Way, Waynesyile; Treasurer,
]. T. Skies, of Grisson Raleigh was Sc.
lected as the place for meeting next year.
The vote was unanimous. There was "a
much larger attendance today The so
ciety will adjourn tomorrow afternoon.
The Board Of Examiners report seventy
six successful applicants out of one hun-
dred and seven. All students of the Uni
versity Medical Department at Raleigh
passed, two getting marks above ninety.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-04
responsible for:
THE OPINION.

Here is the full text of the opinion as
read by Judge Douglas. containing the
decision reached by the two judges
''This is an application for bail upon the
return to writ of habeas corpus hereto
fore issued by me at the instance of the
petitioner. The State was represented by
Solicitor Walter e. Daniel and associate
counsel, and the defendant by his counsel.
Judge Walker, at my request, sat with me
at the hearing.
"After careful consideration of all
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-04
A RALEIGH FLAGMAN
KILLED,
G. B. Allen Fell Between Cars
at Camden, S. C.
Yesterday.
Especial to News and observer)

Camden, S. c., June 3.-When attempt
ing to board his train about noon today,
G. B. Allen, flagman from Raleigh, fell
between his train and was instantly killed
Allen leaves a wife and one child. The
railroad company very kindly had the me-
mains prepared for burial and they will be
shipped to Raleigh this evening.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-04
BROWNS REASONS
The Evidence Shows Clearly Conspiracy TO do
an Unlawful Ac', But Not 10
XIII, in Which Dsath
Fnsued.

A-s~ 9 < .k% =
T The six prisoners indicted for the 2
q murder of Percy Jones at Wilson
) have been sdmiLted TO bail by Judge ).
I Brown in the sum of SIS, 900 each-- 9
4 only two, PlVeT and barnes haYe =
3 Civ en- bond I
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-04
12 BONDSMEN SIGNED
AT the Vital Words of the Decision There Was
Some Applause. Which Was Sup
pressed at Once by Sheriff

= Ernest Haywood was Yesterday z
g admitted TO bail by Justice Douglas, &
y and gave a bond of $4,000, nine ]
bOndsmen justifying for so, 900, E
2 to secure his appearances at the trial
< which will begin July 16 ]