davidaulloa/AmericanStories huggingface dataset:
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-04
EVIDENCE CLOSED
IN JONES CASE
Argument Begun Yesterday by Capt.
Day for Jones'

DR.. William Spicer of Goldsboro, tes-
titled to the good character Of Jones.
He had prescribed by j. x. Munroe
in uoldsboro, had met him
in Raleigh in front of the Marlborough
Hotel during Fair of 1902. Jones had
introduced them, and had called Mum
roe jim. In Goldsboro Munroe had
said he had to see Jones on business
With this the defendant rested.
Col. Skinner then called r. E.
Lumsden, railway postal clerk assign
ed as transfer clerk at the Union sta
tion at Raleigh. 1t was part of his
duty to keep a time table of the de-
parture and arrival of mail trains. On
the morning of September %, 1908,
the Southern and the Seaboard left at
the same time, the Southern being
late. Any one could have changed
cars at Raleigh and reached colds
boro that day. From Morrisville to
Apex is or 8 miles. From Cary to
Apex is miles.
On cross examination by Capt. Day.
Mr.. LumSden said tht anyone could
come here from Goldsboro at HAS p.
m. and take the morning train for
Apex, reaching there al q. m.
H. a. Kelly, special agent in the
office of Third Assistant Postmaster
General. He had left record of
dates of issuance of stamps. The
special delivery series of 1902 were
first issued on December 9Th, 1902.
Postmaster G. T. Bailey, of this city,
testified that Jones had the reDuta-
ton of being a gambler. Capt. Day
insisted that that was not reputa-
ton, and kept trying to get Mr.. Bailey
to say whether it was good or bad,
but Mr.. Bailey only repeated that he
had the reputation of being Il samb-
Ter. Capt. Day tried every time to
drown Mr.. Bailey's voice, but it was
no use.
w. J. Flowers. postmaster 1T Mt.
Olive, said he knew Jones general
reputation since the robbery at Mt.
Olive, on December 3rd, 1902. it was
not good.
E. w Hill, of Beaufort, money CT
der clerk in the postoflfce, said Jones'
reputation was bad. On cross -eXa, ,ui-
nation Capt. Day brought out that
witness had conferred with Mr. IA
Wis. the Government Inspector.
Dobson, postmaster at ioldsboIo,
said Jones general reputation was
bad, that he ran samh ing room.
that he robbed rostoffices i'm the
neighborhood, that he had safe rob-
bers in his room, that he had sold
stolen stamps
With this evidence the rebuttai
closed.
1t was agreed that each side should
have one hour for argument.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-04
Leads all North Carolina Dailies i'm News and Cir - on

of the case. Judge Winston said: "We
are aware of the fact that in hearing
a habeas corpus proceeding only Juris-
diction matters will be heard by your
Honor" and then came to the ques-
ton of jurisdiction. On this he cited
127 U. s., 1853, in re Coy; l4l Y. >,
116, ex parte Mayfield, and 151 u. s.,
25S, from the opinion by Mr. JuStce
field, as follows:
"The law of our country takes care
or should take care that not the
weight Of a judges finger shall fall
upon any one except as specifically au-
thorized A rigid adherence TO TINS
doctrines will give you greater security
and safety to the citizen than permit
ting the exercise of an unlimited dls-
cretion on the part of the courts in
the imposition of punishment as 20
their extent or as to the mode or place
of their execution, leaving the injured
party, in case of error, to the slow
remdy Of an appeal from the errone-
Gus judgment or order which, III
most cases, would ee uncohibiting to
give relief In the case before us, had
an appeal been taken from the Judg-
ment of the United States court OF the
TnuCian Territory. it would hafdlF
have reached a determination before
the period of he sentence would nave
expired and the wrong caused py the
Imprisonment in the penitentlary nave
been inflicted
.That language" declared Judge
Winston, "ought to be emblazoned on
the Intel of every court house in our
land
Also 1O4, U. s., 612' ia Fed. Rep,
959 and $50, opinion by District JGdge
Evans. This was a case where a par
tv refused to pay a fine of $40 for ped
ding. He took out a writ and it was
contested. The writ was granted and
the party discharged. 131 L. s., 2S6. eX
part Cuddy, opinion by Mr.. Justice
Harlan as follows:
1.-THE record in the present case
shows that the appellant was before
the court: that testimony was heard
in respect to the matter of contempt,
and that the appellant testified in his
own behalf The judgment being at
tackled collaterally, and the record dis
closing a case of contempt. and not
showing one beyond the jurisdiction
Continued on Page Five.)
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-04

shall announced the approach of
Judge Jeter G. Pritchard, of the Uni
ted States Circuit Court, and every
BODY stood up. The Judge looked
spIeadidly, better than he has looked
for sS-eral years. Very stately and
majestic and commanding he appear
ed in the owing black silk gown of
the United States bench.
First Of all Marshal Dockery read
the order from Judge Pritchard to
him to produce the body of Josephus
Daniels. and stated that he had done
so. and then briefly recounted the acts
that had placed Mr.. Daniels in his
custody.
Next Mr.. Gray read the petition of
Josephus Daniels to Judge Pritchard,
presented at Alexandria, Va, on
Thursday, and which obtained the Or
der to produce Mr.. Daniels in court.
Judge Pritchard asked Col. Skinner
if he represented the government.
Col. skinner said he hardly knew.
OF course, if it was part of his duty,
he would be glad to do SO.
Judge Pritchard stated that it was
usual in such cases for the judge to
have counsel and he rather thought
it was incumbent upon Col Skinner
under the circumstances to represent
Judge Purnell.
Col Skinner said he was Wiling TO
sit and hear the proceedings and pre-
sent the fact in the case.
Judge Winston then addressed the
court, and said: we shall seek to
establish as minor point that the
facts set out in the petition are true.
Then we will endeavor to show by the
authorities that your Honor has juris-
diction i'm this case. Lastly we VIII
endeayor to show that the district
court which first heard the matter had
no jurisdictions.
Upon the first proposition Judge
Winston cited the 160th Z s., at p.
PAP, Whitten against Tomlinson, and
also at D. 296; but Judge Pritchard
said it was not necessary to discuss
that phase of the case.
"Then," said Judge Winston, we
have before your Honor the publica-
tions in the newspaper. the rule, the
answer to the rule and the petition.
The answer was verified, the petition
iself is verified. and the facts set out
are therefore taken to be true.
After briefly recounting the facts
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-04
SWIFT AS LIGHTNING'S
FLASH FELL THIS BOLT
Rendng Crash of Trains the Lake Shore Electric
in Which Half Dozen
are Killed.
(By the Associated Press.)

When the injured had been attend
ed to they were placed on a car and
brought to this city where they now
are at the ST. Charles hotel, the third
floor of which has been turned into
hospital.
All those who were killed were in
the smoking compartment of the pas
senger car and death came instantly,
the bodies showing no sign Of life
when the rescuers went TO work after
they had recovered from the first
shock of the accident.
The injuries Of several Of those hurt
are so serious that they may result fa-
tally.
Just why the accident occurred is
not known. superintendent Strellan,
of the Fremont division of the road.
arrived shortly after the accident and
will make a thorough investigation.
The cars were the largest type of SUI
burban electric cars and they were
smashed to pieces, the freight being
broken in two. Both cars were run
ming at high speed aud met in collis-
ion at full speed, there being no time
TO slacken the speed.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-04
BUT ONE WAY TO SETTLE.
The Negroes Will Probably be Sent
Away From Hanging Rock.
(By the Associated Press. J

10y the ASSOCldtcQ L IeSS.J
Hanging Rock, o., June PA crisis
in the strike situation here will be
reached soon. The soldiers will take
into custody a union man and striker,
who is said to be a leader of the forces
which the troops have been sent here
to quell More drastic than this is an
action under contemplation to place
number of. men under guard. 1t was
reported to Major Corn today that
women of the village were jeering the
soldiers and attempting to incite men
to violence.
Major Corn is searching the village
for arms and will seize all found,
whether in the hands of strikers or
non-union men. In the colored church
the headquarters of the non-unlon
men, a large quantity of ammunition
and several guns We're found, all OF
which were taken in charge. a house
to house search for weapons will be
made.
Cincinnati, o., June "A Times
Star special from Ironton, O., says:
A meeting of the striking furnace
workers has been called The men
will assemble at once and it is freely
declared that a settlement will be
made. Colonel A. G. Thompson and
Secretary Joseph Bishop, Of the State
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-04
WHOLE ACTION DISMISSED
The Court Had to Suppress a SpOn-
taneOuS Rising Demonstration
when the Decision Was
Announced

hear the matter on the writ of habeas
corpus, thereby rendering entirely
void and invalid the last order of
Judge Purnell.
The argument was again made
by Judge L. w. Winston and, like the
one Tuesday. was a magnificent legal
exposition of the case and a grady
eloquent defense of freedom of the
press.
Upon Judge Pritchard suggesting
that it was the duty of the District
Attorney to appear for Judge Purnell
Col Harry Skinner merely stated the
facts as they had occurred, and made
no argument whatever.
The order of Judge Pritchard re-
leasing Mr. Daniels and stopping the
whole proceedings is as follows:
United States of America Eastern
District of North Carolina. In the
Circuit Court--April Term, 1904.--
In Equity.
John p Cuyler on behalf of him
self and other stockholders of the At
lantic & North Carolina Railroad
Company, complaintants, VS.. Atlantic
and North Carolina Railroad Com
pany. defendants.
In re Josephus Daniels, respondent.
Judgment: Upon the return of the
writ of habeas corpus issued herein. to
the Nar3nal Oh CfllS DlStiItl 10 pIouuce
the body of .Iosephus Daniels, held by
him in custody; the marshal having
executed said writ by producing the
body of JoSephus Daniels, with the
cause of his detention; and after hear
ing argument;
1t is by the court considered, order
cd ard dd5udged that the said Jose
phus Daniels. BEING unlawfully de-
tanned be and is hereby discharged
and released from custody of the said
United States Marshal, and that the
proceedings ana judgment be and the
same are hereby dismissed
This 3rd day Of June, 1904.
J. c. PRITCHARD, :.
Circit Judge of the United States.
The Hearing.
A few minutes before three O'Clock
Mr.. Daniels came into court with his
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-04

Norwalk, O., June 2.-In the most
terrible accident in the history OF the
Lakeshore Electric Railway six per-
sons were killed and a dozen or more
others badly hurt late this afternoon
as a result of collision between an
eastbound fast electric passenger car
and a westbound freight" car, at
Wells Corners, few miles east of this
city. The dead:
Charles Peck, Lorraine, Ohio.
w. w. Sherwood, Garretson, Ohio.
Neil Sullivan, an inspector of safety
appliances for the Interstate Com
merce Commission, Binghamton, N. X.
Clarence Ketcham, Lorraine, Ohio.
Ralph Williams, colored, indianapolis,
Ind.
Unidentified man in his pocket was
a key ring with the name George Judd
Taylor, Alliance, Ohio.
The accslent occurred at a point
quite distant from any immediate
means of communication and assist
ance was sent from Norwalk, where
every physician and nurse in the city
was called to service and hurried to
the place of the accident on a special
car.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-04
EVERYTHING LOVELY
MesSrs. Kerr, Carroll and Switzerland
Win Out Before the Supreme Court
and Then Soon Comes the News
that All Differences Between Judge
PEBBLES and the Robson Bar Have
Been Settled.

One event climbed right over anoth-
trouble yesterday
The witnesses are out of contempt
and the differences between the Robe
son bar and Judge PEBBLES has been
adjusted.
The three witnesses who sought
habeas corpus for relief from fine and
Imprisonment in the contempt case of
Judge PEBBLES were yesterday adjudg-
ed not guilty of any contempt and
were dismissed from custody.
This was news that was considered
fit for mig head lines, but hardly had
this been done when there were whis-
pers that something else real big was
going to happen, and that the whole
Robson county case would soon be u
last years story.
And thus it was. Last night it was
given out that all differences between
Judge PEBBLES and the eleven mem
bers of the Robson county bar whom
he had before him charged with con-
tempt had been settled, the deus ex
machina being doubled in the persons
of Mr.. c.. M. Busbee for the respond
PEBBLES.
Official announcement was made of
this ending of the matter last night,
and the following was given out:
The Peace Announcement.
1t will be gratifying to the people
of the entire State to learn that the
contempt proceedings against the
members of the Robson county bar
have been dismissed. The following
orders were made late yesterday after
noon by consent:
North Caroina-In Superior Court
Cumberland County
In re NJ A. Mclean and others.
1t is ordered in this cause by con-
sent that the answer of each of the
respondents be amended bv inserting
in Article l of the answer after the
words official character" the words
''or personal integrity. 1t appearing
to the court from the answer as thus
amended that each of the respondents
has purged himself of all contempt
under the ruling of our Supreme court
in the matter of B. f. Moore and 9TH
ers reported in the GO N. G. Reports
the rule as to each of said respondents
is hereby discharged. No costs to be
taxed against any party.
r. b. PEBBLES,
C. M Busbee, c. w. Tillett II. l..
Spence, Robinson & Shaw, John ID.
Shaw, Jr., attorneys for respondents.
7. M. Argo, w. II. Day, attorneys,
etc.
Upon this settlement being made the
following was drawn:
Cumberland County Superior Court
In re N. A. Mclean ct al.
Herein it is ordered by consent that
all parties have leave to withdraw any
Continued on fourth page.)
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-04

London, June 3.-Thc Rome CORE
spondent of the Central News tele-
graphs:
"a Toxic dispatch to the Gournale
De Italia, saws that the Japanese have
occupied the first line of the outer
Notifications of Port Arthur after Il
feeble resistance.
'"The correspondent st Toxic Of The
news agency Liberas, says that four
divisions of japanese troops have oc-
cupiad Kwan-Tung heights, on which
they emplaccd heavy artillery domi-
mating Port Arthur.
TIE same adds that the Russian
squadron atte mpted sortie, but was
forced to return, being threatened by
the japanese fleet"
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-04
TRIO OF THIEVES
Three Roguish Chaps
Fall Into Mishaps Be-
cause of Lucre.
CIV the Associated Press.)

New Haven, CT, June "A loss Of
from 10000 to 100000 through the
embezzlement of its funds by a trust
ed emplovce Douglass M. Smith, is
admitted by the officers of the Ma
tional Tradesmen's Bank, of this city
The exact loss is not yet known.
Smith who was paying and receiving
teller of the bank, has acknowledged
voluntarily that he embezzled about
$So. 900. and the greater part of it if
not all within the past eight or nine
In statement given out tonight by
Casbie. II w. Thompson, of the bank,
Mr. smith says he has been specu-
lati1,sr and that he took the money for
that purpose. The bank is safe and
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-04
R.W. WINSTON'S SPEECH,
Another Magnificent Argument Judge
Pritchard Heard the Case on Writ
of Habeas Corpus Because Judge
PurneII's Last Order Granting APP
peal was Made After His Own Order
to Marshal Dockery to Produce the
Body of Josephus Daniels in Court
Before Him.

Judge Jeter c. Pritchard yesterday
afternoon at half-past four o'clock re-
leased Editor Josephus Daniels, of
the News and Observer, from the un-
lawful cutody in which he was held
by order of Judge Thomas r. Purnell
for three days and little over three
hours.
The court was compelled to sup
press the spontaneous outburst of ap-
proval that was the beginning of a
great demonstration by the tremen-
dous crowd that densely packed every
inch of space in the court room. Then
Mr. Daniels was swamped by friends
who rushed forward to shake him by
the hand and congratulate him upon
the successful issue of his brave and
loyal stand for the people and the
liberty of the press.
Judge Pritchard asked whether
Judge PurnelFs order granting Mr..
Daniels the right of appeal had been.
issued before or after his own order
to Marshal Dockery to produce the
body in court before him. When in
formed that Judge Purnells order had
come after his own, he proceeded to
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-04
Rogue Number Three.
(By the Associated Press }

DY IIIC <ASSUUItIIJNI OF3to'I
Washington, June 2.-Willard II.
Myers. general book-keeper in the
banking department of the National
Safe Deposit Savings and Trust Com
pany. of this city, has disappeared.
He is alleged to have appropriated 10
his own use the proceeds of forty
shares of a certain stock valued at
$1,000. Sixty additional shares of the
same stock are missing. Myers has
been a trusted employee of the 1nstl-
tuition for tWenty-three years The
market value of all the stock he is
alleged to have taken is about SIS, 500.
Myers was under bond for $25, 700.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-04
PEACE DECLARED
IN ROBESON CASE
Contempt Proceedings Against Bar Dismissed and
the Witnesses in Habeas Corpus
Adjudged Not Guilty.

Board of Arbitration, are in confer
ence with the strike leaders and rep
resentatives Of the Hanging Rock Iron
Company.
The probable basis of settlement is
the almost immediate withdrawal of
the troops, the departure of the alien
laborers and the opening of the fur
mace manned by the workers who left
it on April 25.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-04
Judge Pritchard Could Find Nothing in the
Law to Warrant the Punishment
Imposed by Judge Purncll
on JOScphuS Daniels

two brothers, Mr.. Frank Daniels, of
Goldsboro, and Solicitor G. G. Dam
iels, of Wilson, and was seated be-
tween them in the midst of his coun-
sci, consisting of Judge r. w. VIM
ston, of Durham Mr. Charles M. Bus
bee, Judge T. B. Womack, Messrs r.
r. and r. l.. Grayffi Messrs. JAS. IL.
Pou and r. S. Fuller; Mr.. j. n. Hold
ing: Mr.. w. l.. Watson, of this city;
Hon f. A. Woodard, of Wilson; ex-
Gov. r. j. Jarvis, of Greenville.
Promptly at three o'clock the mar
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-04
Rogue Number Two.
(By the Associated Press.O

Baltimore, June Jesse B. Baker,
a book-keeper formerly employed by
National Howard Bank of this city,
was arrested at his home here today
charged with embezZlement. He ad-
mitted that there was a shortage in
his accounts of between $4,000 and
$4,000. Baker disappeared two
weeks ago and fent to ST. Louis. He
returned to Baltimore a few days ago
and was arrested and turned over TO
the United States authorities today.
Commissioner Regismo committed
him in default of $4,000 bond.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-04
Col. Cunningham to Speak.

Col. John S. Cunningham, of Person.
reached the city last evening He
attended the commencement at Chap
el Hill this week.
Col. Cunningham leaves for Warren
ton, n. c., this morning, where he will
speak on Saturday.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-04
Disaster at Bonneville.
(Bv the Associated Press.) }

Bonneville, Ind, June 2.-Three
children were killed, one man fatally
injured and a woman and child Sc
riously injured today by an electric
storm which partially destroyed the
home of John Gentry, near Tenny-
son, Ind.
The storm swept over considerable
portion of southern Indiana, doing
great damage to telegraph and tele-
phone wires.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-04
Capture Of Russian Officers.
(Rv the Associated Press.)

Chefoo, June $3.50 p. m.-Steam-
ers which have arrived here from
New Chwang report that firing in the
vicinity Of Port arthur was heard
last night. They only saw two jap
anese cruisers.
Chinese junks which have reached
this port from the cha river, west of
Taku shan report that the Japanese
have captured two Russian officers
and forty soldiers disguised as Jap
aneSe.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-04
Losses at NanShan Hill.
(By the Associated Press.)

Toxic, June 3.-The total of the
Japanese casualties at the battle of
Nanshan Hill on May 26, is 4,304.
They are divided as follows: Thirty
one officers, including one major and
five sergeant majors and 713 non
commissioned officers and men killed
100 officers. including one colonel, one
major and twelve sergeant majors
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-04
LINE OF DEFENSES
CARRIED AT PORT ARTHUR
Toxic Dispatch Asserts That the Japanese Have Occupied
Taee Fort1hcations After Feeble Resistance by the
Russians Kwan Tung Heights Brstling With
Artillery Dominating the Oriental Gibral-
tar Naval Sortie Frustrated.
Ry the

sound There is no danger to either
our depositoTS or our stockholders.
Smith was arrested this afternoon
He was held in $4,000 bail for eX-
animation June Ii.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-04
DIES BY HIS OWN HAND.
c. l.. Savior Kills Himself just Before
Time set for Going 10 Sanitarium.
lRy the Associated Press.

Omaha, Neb., June &c. l.; Saylor,
office manager fer the Armour Pack
in.s Germany, at South Omaha, com
mitted suicide at HanScomb Park to-
day by shooting himself through the
head The act was committed an
hour before the time set for Mr.. Say
lor's departure for an Ohio sanitariuri
where he was going for treatment of
his nervous system.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-04
Russian Relief Column CollapseS.
(By the Associated Press.)

Paris, June "A dispatch to the
Temps from st. Petersburg, says:
1T appears that the Russian relief
column Of 10000 men mohilized for
the succcr Of Port Arthur. has aband-
oned it's project owing to the fall Of
Kin Chou and the landing Of Japanese
reinforcementS.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-04
Continuous ConnOnading.
lBv the Associated Press. )

Liao Yang, June 3.-There are per-
sistent rumors that another great bat
tie is in progress near Port Arthur.
Continuous cannnnadlng has been
heard from the south.
An additional force of 1900 Jap
anese is reported to have landed at
Taku Shan.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-04
(By the Associated Press.)

and 3,46O non-commissioned officers
and men wounded.