davidaulloa/AmericanStories huggingface dataset:
The Savannah morning news., 1904-02-28
FINE LEGAL POINT
TO BE DECIDED.
In Case Against Hector Davis, who
Killed Companion.


In Case Against Hector Davis, who
Killed Companion.
What is regarded by criminal law
yers in Savannah as a nice legal point
is involved in the Warsaw Island trag-
edy, in which Emanuel Prey was
killed.
Prey was holding Liche Red, the
white Waterman on the island, while
Hector Davis beat him over the head
with a shotgun. The gun was acci-
dentally discharged and Prey was kill
ed. Whether or not Prey is to be held
on the charge of murder will depend
on the coroner's inquest, which is to
take place as soon as Red is able to
leave the hospital.
Coroner Kellar yesterday visited the
Savannah Hospital and had a long talk
with Red. The wounded man is still
in a serious condition, and it will be
some days before he will be able to
leave the hospital. He is not in any
immediate danger. but his wounds are
still very painful. DR.. Kellar will not
decide upon a date for the inquest until
Red has recovered sufficiently to tes-
tify.
Davis, who is confined in Jail, will of
course be held for assaulting the watch
man. The question that is interesting
the officers is whether or not he can be
tried for numbering his companion,
whom he accidentally killed. A well
known lawyer quoted the law appiica-
BILE to the case, but even with this Sec
ton of the code In mind, the case is
still a puzzling one. The section upon
which the case will be decided is as
follows:
Involuntary manslaughter shall con-
sist in the killing of a human being
without any intention to do so, but in
the commission of an unlawful act, or
lawful act, which probably might pro-
duce such a consequence, in an UNI
lawful manner; provided, that where
such involuntary killing shall happen
in the commission of an unlawful act
which, in it's consequences, naturally
tends to destroy the life of a human
being, or is committed in the prosecu-
ton of riotous intent, or of crime
punishable by death, or confinement in
the penitentiary, the offense shall be
deemed and shall be adjudged to be
murder"
The last portion of the foregoing Sec
ton is the interesting part as relates to
this case. There Is no doubt that Da-
Wis killed Prey while in the commission
of an unlawful act. One question is
was Ihat unlawful act one that in itself
was likely to produce death. 1t is fur
Their stated that the killing of a human
being is murder, if committed in the
commission of an unlawful act, punish
able by death, or by confinement in the
penitentiary. In regard to this last
provision, as related to the present case,
it will of course depend whether or not
the assault upon Red was a crime pun
ishable by imprisonment in the peni-
tertiary. If it was assault with intent
to murder, it was; if only assault and
battery, it was not.
From these facts, as was explained
by the lawyer, it will be seen there are
several points involved. The question
is not an easy one to decide, as each of
these points may be made in the case.
The coroner's jury will probably hold
Davis for murder and let the case be
tried on its merits. Should that charge
fall through, he will be tried for his as
| sault on Red.
The Savannah morning news., 1904-02-28
DIAMOND QUEEN WILL
AGAIN ASK FOR PARDON.
Mamie De Girls Has Again Grown Restless at
Prison Farm at MiIIedseviIIe.

that then something would be done
for her.
'They were all in favor Of my be-
ing pardoned," she writes. They told
me TO keep in good heart until June.
One of the members of the committee
promised that he would then present
my case to the Pardon Board"
Mamie is thoroughly tired of prison
life. She believes she viii get par
don, but breads even the few months
that are to intervene before June, when
she thinks the Prison Commission will
make a favorable report on her case.
Il have tried various occupations to
keep me interested" she says, sew
ing, reading and writing. and have
made a failure of each In turn. None
seem to be In accord with my spirits"
When the application for the par
don of THE Diamond Queen" imme-
diately after the frst announcement
OF her having been whipped was made,
the Pardon Board refused TO recon-
mend that she be pardoned. II was
contended then that no pardon would
have been applied for had not the
whipping taken place, The applica-
tion for pardon was then supposed 20
BE- merely the result or the wave OF
sympathy that oyerepread the state for
woman who had been dashed by a
prison keepors
The Savannah morning news., 1904-02-28
TWO LODGES OF ODD
FELLOWS INSTITUTED.

Mr.. ]. S. Tyson, grand secretary of
the Georgia Odd Fellows, returned
yesterday from Lumber City, Telfair
county, where he Instituted a new
lodge of Odd Fellows on Wednesday
night. The new lodge is known as
Lumber City Lodge No. 217 and be-
gins it's career with thirty-four mem
bers. The greatest enthusiasm for the
work was shown by the new mem
bers, and the state officers who were
present are confident there is a bright
future before 1t.
On Thursday night another new lodge
was instituted at Eastman, Dodge
county, know as Eastman Lodge No.
21S. The lodge was instituted by
Grand Master John A. Hynds of At
lanta. This lodge starts with thirty
one members, all enthusiastic for the
work of the order. The two lodges
make an increase of sixty-five mem
bers in the ranks of Odd Fellowship
during the last week
The Savannah morning news., 1904-02-28
JUDGE CANN APPOINTED
MRS. POICH0N TRUSTEE.

Mrs. Henrietta Poichon was yester-
Gay appointed trustee of the property
left in the will of Henry ]. Thomasson
TO Mrs. Poichon, nee Hunter, and her
sister, Miss Julia A. Hunter. The orig
nal will designated w. II. Adams as
trustee and sometime ago he resigned
The trust and application was made TO
the Ordinary 10 appoint Mrs. Poichon
as trustee.
The appointment was made by the
Ordinary, but It developed that the
appointment should have been made by
The judge of the Superior Court, and
Tor this reason Judge Cam acted. The
property bequeathed ia the bill Is To-
Gated at No. IS State street. east, and
WIN be disposed Of by Mrs. Poichon,
as trustee, to Mr.. II. ". Connerat.
capt w. @. Austin was designated BY
Judge Cam 10 act as guardian ~ the
minor hoir, Miss Julia A. Hunter.
The Savannah morning news., 1904-02-28
THE De SOTO CONCERT.

The. following programme has been
prepared for the regular Sunday night
concert at the De Soto Hotel to be
given at s o'clock tonight:
Overture, "Stradella," (Flotow).
might Song (Vogt.)
Selection, 1.-The storks," (Chapin.)
Serenade, (Schubert).
Minuet, "The Flower of Chivalry,"
(Sudds.)
Vocal solo, 1.-THE Lord is My Light"
(Frances Alletsen), Mrs. Blanche Gross.
Moroccan CHARACTERISTIC. "A Southern
Reverie," (Bendix),
Vocal solo, MY Heart at Thy Sweet
Voice." Mrs. Blanche Gross Saint
Saens).
Selection, Three Little Maids" Cru
bens).
March, knights of Columbus"
(Fischerl
The Savannah morning news., 1904-02-28
MERCURY FELL STEADILY.

The temperature yesterday was close
TO the normal. though the usual con-
ditions were reversed. Mercury. in
stead of rising, fell steadily, and the
lowest temperature was not recorded
until s o'clock. at night.
The highest point reached by mer-
curry was 81 degrees. recorded at mid
night From that hour mercury kept
falling steadily until 1t reached the
As degree point at O'clock last night.
This made the average temperature
for the day S. degrees, an excess Of
one degree above the normal. Cloudy
weather is predicted for to-day.
The Savannah morning news., 1904-02-28
WEATHER FOR MARCH
SHOULD BE PLEASANT
Records Show That March Weather
Has Varied Little From Normal.

records Show That March Weather
Has Varied Little From Normal.
If next month should be close to the
normal, as compiled from the records
Tor the last thirty-three years, pleas
ant weather is in store for Savannah
lans. The normal temperature for the
month is So degrees, and the records
show there has been little variation
from this. The warmest month was
March, 1880, which had an average
temperature of SIS degrees. The cold
est was in 1872, when the average was
90 degrees.
The highest temperature recorded on
March day was So degrees, the rec
ord made on March %, 1894 The same
record was made on March 81, 1896. The
coolest March day was on the 8th, in
1879. On that date mercury fell to 8
degrees. The average amount of rain
IAN for the month is 81 inches. OF
the 81 days, on the average IL have
peen clear II partly cloudy, and 8
cloudy. The highest velocity for a
March wind was a wind of 60 miles,
from the northeast, on March l, 1872
The Savannah morning news., 1904-02-28
TO INCREASE
POSTAL CLERKS PAY.
savannah POstofice Employees In
terested in Wilson Bill.

savannah POstoffice Employees In
terested in Wilson Bill.
savannah's postoffice clerks are in
tersted in the bill introduced in Con-
sress by Representative Wilson of Hill
nois for the classification OF clerks en-
ployed in first and second class post
oinces. The bill is step in the direc-
ton OF gradually increasing the sala-
ries of clerks SO that they will be paid
approximately as much as business
houses and financial and other corpor-
atoms pay for skilled clerical services.
The proper handling of the mails re-
quires not only men of educational
qualifications necessary to stand a civil
service examination, but adaptability
for skill in quickly and correctly dis
charging often intricate duties in the
various departments of the service
which requires tact, judgment, patience
and continuous industry.
1t is proposed in the pending bill
that no clerk shall be appointed at a
less salary than $500 per ann1m. That
in first class offices all clerks receiving
less than $1,000 per annum shall from
July l, 1904. receive 500 additional per
annum until their salaries shall have
reached $1,000, and in the discretion of
the department, clerks receiving a sal
airy of $1,000 may receive an annual
increase of 500 until $1,400 annual sal
airy shall have been reached.
In second class offices the annual
increase is 500 until $1,000 salary
shall have been fixed, and that clerks
receiving a salary of 81 900 may in the
discretion of the department be given
an annual increase of 800 until $1,000 is
reached.
The bill, it is understood, meets with
the approval of the Postoffice Depart
ment, and postmasters generally have
expressed themselves fayorably upon
it.
There is also bill pending to pro-
vide for an eight-hour law for post
Office clerks, a system which governs
in the other departments of the gov
eminent, and applies to carriers in the
postal service.
The two bills referred to have the
support of the Savannah postmaster
and assistant postmaster, and the Geor-
gia delegation will no doubt be found
on the friendly side of the question
should the bills be put upon their pas
sage at the present session of Con-
greSs.
The Savannah morning news., 1904-02-28

With ten more months to serve on
the prison farm near Milledgeville,
Mamie DeCris has written a letter to
Savannah. begging aid in securing a
pardon.
How much longer win have to re-
main here? If you only knew how
have suffered you would wonder that
| am living. am certainly miserable.
At times my heart seems to cease its
beating. Surely have been sufficient
ly punished" the Diamond Queen"
writes.
Another effort to secure a pardon is
now being made. and the letter asks
that certain parties in Savannah be
seen In her behalf. Though dispirited,
Mamie still hopes for pardon, and
believes this second effort in her be-
half will be successful. She h worn
out with the prison life, she writes,
and does not see how she can endure
II for ten months longer The special
committee from the Legislature, which
recently visited the state farm. en-
couraged her greatly, according 10 her
letter. She was told 10 keep up her
spirits. II che could. until June, and
The Savannah morning news., 1904-02-28
SAVANNAH FIRM MAY
HELP BALTIMORE co.

Mr.. A. w. Morehouse. of the More
house Manufacturing Company, will
leave tomorrow for Baltimore. where
he goes to receive a proposition from
the Sea Gull Manufacturing Spec
ialty Company relative to his
resuming the manufacture of
the brands of baking powder
formerly made by his company. The
Baltimore company since the fire finds
itself unable to manufacture it's Gus
tomary output because of the inade-
quacy of it's present plant, and so wish
ed the Savannah concern to turn out
the amount of product that is need
ed for the trade in this territory. If
the deal is made it will mean the adj
dition of about twenty-five operatives
to the number now employed by the
Morehouse Manufacturing Company.
The Savannah morning news., 1904-02-28
RECRUITING OFFICERS
OFF FOR HARLESTON.
Seven Recruits Were Enlisted Dur
ing the Week Spent Here.

Seven Recruits Were Enlisted Dur
ing the Week Spent Here.
Seven recruits were received in the
recruiting office of the United States
navy at the Custom House during the
week. This number represented very
small portion of those who applied for
enlistment. as only about one out of
every four could undergo the physical
examination which is required. Lieut..
John A. Schofield and Surgeon G.. +.
Duncan of the United States navy will
leave to-day for Charleston, where
they will open recruiting station.
The men enlisted here have been
transported to Newport News and
Philadelphia, where they will be as
signed to vessels. The officers Were
somewhat disappointed with their sue
cess in Savannah, as they had expect
ed to enlist at least twenty men dur
ing their weeks stay. They receive en-
couraging reports from Charleston and
expect to get many recruits there
Lieut.. Schofield has been in the re-
cruiting service for nearly two years,
and has been stationed in nearly every
state in the Union.
The Savannah morning news., 1904-02-28
ANNUAL FIRE REPORT
HAS BEEN PRINTED.

The annual report of the superin-
tendent of the fire department has
just been issued from the press. Supt.
Mcguire has had a number of copies
printed for distribution among those
Interested in the department. The re-
port, which was given in detail in
the Morning News some time ago, is
one that reflects great credit upon the
department. This report is embraced
in the annual report of the Mayor, but
special copies have been printed sep
arately for exchange with the fire de-
partments of other cities and for dis
trihution in the city.
The Savannah morning news., 1904-02-28
DEMURRERS 0VERRULED
IN SUPERIOR COURT.

In the Superior Court yesterday
Judge Cam overruled demurrers filed
by the Savannah Electric Company in
demurrers in the following cases against
the company were overruled: w. A.
Delete, Josephine Dorsey, ]. c. Wal
ker and Sandy Hull. Osborne & Law
renee, attorneys for the company, filed
exceptions pending the suits.
A special demurrer filed in the case
of James r. Wilson against the Sayan-
nah Electric Company, was sustained
by the court.
The Savannah morning news., 1904-02-28
FunernI of John ). Kirby.

The funeral of Mr.. J. j. Kirby will
take place this afternoon at 4 o'clock,
at his home, No. 424 President street,
east, whence the remains will be TAX
en- to the Cathedral of st. John the
Baptist. The pallbearers will be:
Active--Messrs. G. C. Martin, Frank
X. Douglas, w. J. Watson, w. w.
Starr, Harry Willink, T. #. McAuliff,
John Mclaughlin, and Charles H..
Banks; Messrs. John M.
Egan, James X. Clarke, w. #. McCau-
ley, Merritt w. Dixon, James Sullivan,
W. w. Gordon, Jr., H. p. Smart and
Henry Perkins.
The Savannah morning news., 1904-02-28
IN THE RAILROAD WORLD.

Col. A. Pope, assistant general
freight agent of the seaboard Air Line,
with headquarters at Portsmouth, was
in Savannah for a short time yes
tardax.
Capt. p. T.. LeFevre, superintendent
of the Ocean Steamship Company, with
headquarters at New York, reached
Savannah yesterday. and is register
ed at the De Soto.
Mr.. w. Porter Brawley, travelling
passenger agent of the Big Four sys-
tenn, with headquarters at Chattanooga
was among the visitors in Savannah
yesterday.
Mr.. Randolph Morgan, OF Philadel-
phia. a capitalist Of note, passed
through Savannah yesterday en- route
to Florida. He. with a party, Is
travelling on private car attached TO
Atlantic Coast Line train No. 80.
The Central OF Georgia announces
the appointment OF Mr.. w. r.. Chester
as general master mechanic with Of
flee al Savannah. and that or Mr.. w.
II. Father as master mechanic at
Macon. The appointments are eifec-
tive. March !.
Mr.. y. J.. Ford. general passenger
agent OF the Brunswick and BlrminRs
ham road. with headquarters az Bruns~
wick, was among the visitors Ia Ha-
vannBh Yesterday.
The Savannah morning news., 1904-02-28

SEALED BIDS WANTED
TRUsTEE,s NOTICE.


Under and by virtue of an order
passed by the Hon. A. II. MacDonell,
referee in bankruptcy, / hereby invite
sealed bids for the stock of drugs,
fixtures and all other goods contained
in the drug store on the corner OF
Duffy and Whitaker street. In this
city. formerly carried on by ST. Julian
r.. Yonge, together with book accounts
and good will Of said business: said
bids 10 be filed with me on or before
the 5th day OF March, 1904, and the
same 10 be opened IN the Office Of the
referee az II o'clock a. M. on that day.
The said bids are 10 be made on a
cash basis and are subject 70 the APP
prevail or rejection Of the said referee.
This stock of goods and an other as
sets can be inspected AZ said store AZ
any time by parties Interested.
r. ~ BftANAN
Trustee a. Julian y. Yon9s. Bankrupt.
The Savannah morning news., 1904-02-28
city Wants New Trial in d

City Wants New Trial i'm Burns Case.
Judge Norwood yesterday heard ar.
guments in the City Court on mo-
ton for a new trial in the case Of
J. w. Burns, executor. against the
Mayor and Aldermen of the city Of Sa-
vannah. The plaintiff filed a suit
against the city over a year ago, for
damages on account of the erection
of the retaining walls on Stewart street
near the Union Station. Judge Nor
wood reserved his decision.
The Savannah morning news., 1904-02-28
Jones' Resignation Accepted.

Judge McAlpin of the Court Of Ordi-
nary yesterday received a letter from
Hon. Benjamin M. Blackburn, execu-
tive clerk to Gov. Terrell, notifying
him that the Governor had accepted
the resignation of Col. G. Noble Jones
as a justice of the peace, effective
March 8.
The Savannah morning news., 1904-02-28
AN OCEAN TRIP TO NEW YORK.

Savannah Liners leave Savannah
Mondays, wednesdays and Fridays for
New York: Thursdays fcr Boston. su-
perb passenger recommendation New
ehipsl Unexcelied cuislnel Rates low-
er thAn other linesi Full Information
iO7 bull strcef.-ad.
The Savannah morning news., 1904-02-28
ALLOWED ALIM0NY.

An order was issued in the Superior
Court yesterday by Judge Cam allow
ing Mrs. Louise Bennett temporary ALI
mony TO the amount OF SIS per month
pending her suit for permanent all
mony against r. W. Bennett. Attor-
ney's fees 10 the amount Of $25 were
also allowed by the court, and the de-
PENDANT was instructed 10 begin pay
ment on March 2l, and pay the amount
IN monthly installments Of IS each.
The Savannah morning news., 1904-02-28

River Report-The hight of the Sa-
yannah river at Augusta. at s a. m.
(75th meridian time) yesterday, was
e.0 feet a fall of 1.3 feet during the
preceding twenty-four hours.
Observations taken at the same mo-
ment Of time, Feb. n, 1904, 5 p. m,
Fktt, v,naridfap time.
The Savannah morning news., 1904-02-28
CLASSIFIED ADVERTISEMENTS
(continued from Fifteenth Page.l

Continued from Fifteenth Page.D
TIIE NATIONAL BICYCLE, THE
crackerjack. Oakman e. O'Neil, l41
Drayton.
TEEPLE HAS THE GOODS AND
the right price; chamber suits, ward
robes, chiffoniers, fine hair mattresses:
wool blankets; phones 1888.
FOR GOOD, RELIABLE PLUME
ing work call around to l.. A. McCar-
thy & Son, 142 Drayton street. All
work done by us strictly first class.
KNAPP's EXPECTORANT is THE
safest cough and cold remedy you can
get now. No family should be without
a bottle Manufactured by w. o.
Cubbedge. Csc and SOC.
BUSINESS MEN SAY THAT THEY
get ten calls over the Georgia phone
to one over the other, and the Geor-
gia rates are the cheapest.
REPAIRING ENGINES. BOILERS.
in fact, anything in hardware. Con-
suit by phone or postal; phones 5b3.
Mingledorff & Co.
BRING YOUR JEWELRY REPAIR
ing to us; We'll do it right and will
make only a reasonable charge; work
done promptly. Koch & Sylvan, as
Whitaker.
The Savannah morning news., 1904-02-28
THE WEATHER.

Morning News barometer, Feb. 27,
1880 p. m. Observation-Disclosures. oO. 20
Morning News thermometer, Feb.
n, 1880 p. m. .................. 48
Washington, Feb. 27.-Forecast for
Sunday and Monday:
South Carolina and Georgia: Part
ly cloudy and warmer Sunday Mon
day, fair; fresh to brisk east to south
winds.
Eastern Florida: Partly cloudy Sun
day; probably showers and warmer in
the north portion. Monday, fair; fresh
east to south winds.
Western Florida: Fair Sunday and
Monday; fresh south winds, becoming
variable.
Yesterdays Weather at Savannah
Maximum temperature 1901
a. m. .................... 81 degrees
Minimum temperature 500
D, m. .................... 4S degrees
Mean temperature ....... SIS degrees
Normal temperature ....... 81 degrees
Excess of temperature l degree
Accumulated deficiency
since Feb. ............ 80 degrees
Accumulated deficiency
since Jan. 1 ............... 222 degrees
Rainfall ............. 90 inch
Normal .................. IL inch
Deficiency since Feb. -. 10 inch
Excess since Jan. l ........ 40 inch
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-05-06
NO HITCH IN PAYMENT
Plan for Delivering Panama
Warrant Tile Security.

The Secretary of the Treasury arrived in this
city yesterday from Washington and proceeded
to the Sub Treasury. where he spent several
hours in conference with prominent bankers,
completing arrangements for the transfer of
the $40,0O0,O00 to be paid TO the Panama Canal
Company. The series of conferences was ended
at about 2:30 o'clock. and ten minutes later
Secretary Shaw started uptown, intending to
take the 3:25 o'clock train for the national capt.
tai Just before his departure from the Sub
Treasury he issued the following statement,
which disposes of the stories from Washington
that serious technical difficulties. perhaps in
volving considerable delay. were still in the way
OF the payment of the $4O0OOOOO:
There is no hitch in the arrangement for the pay
ment 10 the Panama company. warrant for $40-
100000 will be placed with J. P. Morgan & Co. on
Monday next. There Is no material modification of
While the Secretary Of the Treasury is required
by statute TO take security IN cases OF this kind the
curities approved by the department to the extent
rant is delivered These viii be such bonds as saw
ings banks in the State OF New-York are author
Of which will be left TO the convenience or Morgan
The working out OF the plan will cause no hnan-
cial disturbance The money is being drawn from
disbursed by Morgan & Co. gradually.
It was said later that although requested by
the Treasury Department TO file only nominal
bond. J. p. Morgan & Co Had decided TO offer
as security an amount covering the whole
Panama payment The s25OOO.0OO which they
will deposit upon receipt Of the warrant, to-
gether with remttances already under way,
covers the entire $40 900
Among the financiers who were in conference
with the Secretary in the course of his stay at
the Sub Treasury were James Stillman. pres
dent OF the National City Bank; George f.
Baker president of the First National Bank;
Valentine =. Snyder. president Of the National
Bank of Commerce; George w. Perkins. Charles
Steele and Temple BowdOin. OF J. Z. Morgan *
Co.: Isaac n. Segman, OF J. & w. Seligman *
Co, and James A. Blair OF Blair & Co.