davidaulloa/AmericanStories huggingface dataset:
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-03
BUSBEE'S ABLE PLEA
Seeking Habeas Corpus. Congressman
Charles R. Thomas Adds to The
Able Defense and To-day Judge
PEBBLES Position Will be Presented
by His Counsel Who Asked Time to
Prepare. Then the Verdict.

In the Supreme Court room yester-
day afternoon large crowd gathered
to watch curiously for the three re-
spondents who We're placed in the zone
of fire by Judge PEBBLES latest con-
tempt attachment.
The proceeding was one of habeas
corpus before Justice Fl. c.. Connor,
with whom sat also Justices Walker
ard Douglass. The afternoon was en-
tirely consumed with the legal argu-
ment of the counsel for the respond
ents, which has directed for the most
part to the basic question of Judge
Pebbles jurisdiction in the original.at-
tachment for contempt against the
lawyers of the Lumberton bar. In this
Iyay these proceedings may result il,
what will be practically a discussion
of the whole question at issue between
Judge PEBBLES and the lawyers VINO
are involved.
1t will be remembered that the three
respondents, Mr.. E. w. Kerr, MIR. {.
f. Carroll and Mr.. r. G. Southerland
were each held by Judge PEBBLES to be
III direct contempt OF court, sentenced
to thirty days in Jail and fined $3.50
each. The causes of the alleged con-
tempt were affidavits filed by the re-
spondents in which they specifically
charged Judge Peeblesswith drunken
ness.
Mr. Kerr is a man who would ap-
pear to be beyond the age of hitting
in 1t is surprising to think OF ms
short and portly form crowded in the
hard and narrow bunk of county
iail. AS a mere question of the thinal
fitness it would be shocking to see that
ruddiIy connival face paling dlmly
four long-raining morns behind the
grating of cell. 1t true narrowing to
contemplate the sad dropping of Mr.
Kerrs we'll crowned grey mustache III
the willing atmosphere of close con-
finement. or to see him in magma
ton scratching the fern-like hairs thai
grace his barren pale in idle morning
On a calendar.
Mr. Carroll is large and slick and
complacent. His blonde hair is combed
I'm a sweeping curve across a broad
forehead He gazed at the judges with
large, still eyes. If he was moved, no
ripple spoiled the depths of his placid
ity.
Mr.. Switzerland is a youngish man
whose hair is reached. One eye is bad
and looks at one Whitley from behind
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-03
Notary Public.
Pritchard is En- Route.

Tonight at eleven o'clock, Judge
Prltchard lett here over the Southern
Railway. He will arrive in Raleigh
tomorrow shortly after ten o'clock.
The attorneys in the case left over
the Seaboard at Z o'clock expressing
theg reatest confidence as to the final
outcome of the proceedings instituted
by them today. Il am confident" said
one of the wisest of them, that Mr..
Daniels will never have a cent Of the
fine to pay or have to go to Jail. He
will be acquitted either by Judge
Pritchard tomorrow or by the Circuit
Court of Appeals when his case reach
es that tribunal"
Judge Pritchard has begun his ca
reer on the circuit bench most auspi-
clouSiy,' said Mr.. James H. Pou, as
was about to take the train for home.
His first official act is a writ to pre-
serve the freedom of the press and the
liberty of citizen of North Carolina.
and he political opponent. The pen
with he judge signed this first of his
judicial orders l have in my pocket.
| am taking it to Mrs. Daniels. Though
it's an ordinary holder and steel pen.
m sure she will greatly value it"
Two Remedies.
Although Judge Purnell held in
SOuII lne 0lHer uay tnat Mr.. Daniels
was without remedy when fined two
thousand dollars for contempt. it APP
pears from the opinion of lawyers
here and decisions in former contempt
cases that1he has at least remedies at
MS command. One is the writ of
habeas corpus issued today under
which the legality of his imprison-
ment is to be inquired into on the
ground of whether an offense has
really been committed for which he
could be punished. If it is held that
there has been no such offense, why
OF course, Judge Purnell had no ju-
rlsdlction and the defendant must go
without day.
The other remedy and the one that
VIII be reSorted to in case the first
tails, is a writ of error to the Circuit
Court of Appeals with a supersedeas
(an order staying proceedings and
bond. On this the case is tried before
that tribunal on it's merits within only
the last two months the United States
Supreme Court has held that a con-
tempt proceeding is a quasi criminal
proceeding, and being such, a defen-
dant in it cannot be cut off from his
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-03

ening the non-union men wherever
found. especially the colored men,
who had taken the places of strikers
in the furnaces. The strike breakers
We're also armed.
For some days both sides have
been heavily armed There were sew
eral collisions last Sunday in one of
which Albert Sperry was seriously
hurt. On Monday night an attack
was made on an old church, where a
party of ncn-unionists had taken re-
fuge and two hundred shots were
exchanged. Later Superintendent
Jeffries of the Hamilton furnace was
shot, but not seriously hurt. There
have, been few casualties so far con-
hidering the extent of the shooting.
Within five hours after the order
for troops to proceed to Hanging
Rock was issued four companies of
militia from Ironton, Portsmouth.
Gallipolis and Manchester were on
the scene and the strikers had been
dispersed.
colonel Thompson, in command of
the troops. reported tonight that per-
feet order had been restored and that
there was no fear of further trouble
tonight.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-03
REFUSAL MET DEMAND
Then Like Lightning the Reused State
Spoke in Majesty Through Its Gov
ernor: Put Receivers Out. The
Order of Chief Justice Fuller Will be
Enforced With Whole Power of
State"

Yesterday rnor ling, as soon rs Gov
ernor Aycock vas Informed that
Judge Purnell had approved the bond
required in Chief Justice Fuller's
order staying and suspendng Judge
Purnell's order appointing receivers
for the Atlantic and North Carolina
Railroad. the Governor ut once wired
the fact to superintendent 5. l.. Dill. +,
of the road at New Bern. instructlng
him to take charge OF the Office and
property of the company.
In answer to this Governor Aycock
received the following telegram:
New Bern, n. c., June 2, 1915 a.
m.
Charles r. Aycock, Governor, Rdl-
eigh, n. c.
"Acting on telegram I have notified
McBee and Meares of approval of
bond and my orders 20 take charge
of road. Receivers decline to recog-
nize my authority but l have notified
them / am in possession of the road,
the same is under my control and
that they will act at their peril. Do
YOU desire me to put the receivers out
of the office? Otherwise 1 will per-
to the contrary. IS. T.. DILL.
Superintendent"
instantly the Governor wired back:
IS. l.. Dill, New Bern, n. c.
Put receivers out OF Office See
Guion. If necessary call ON sheriff
to put them out. If military is ne"d-
ed notify me. Orders of Chief JUS
tice Fuller shall be obeyed.
CHARLES 3. AYCOCK,
"GoVarnor
Governor Aycock also sent the fol-
lowing To Attorney G. II. Guion at
New BEEN:
80. H. Guion, New Bern, N. C.
please see that road is turned over
to directors. Take sheriff with you.
If necessary military will be called out.
The order Of Chief Justice Fuller will
be enforced With whole power of
State.
CHARLES B. AYCOCK.
Governor"
Half an hour later, Governor .Ay-
cock received the following dispatch
from superintendent Dill.
eve are in quiet possession of the
road
A little later came the following:
"New Bern, N. c.. June 2, 1904.
Governor Charles B. Aycock
Full and complete possession taken
with constructive force only. Dill in
actual and complete control.
90. H GUIGN, Attorney"
New Bern, n. c., June 2.-Things
took a brisk turn at the general office
of the Atlantic and North Carolina
railroad this morning. Supt 5. l..
Dill received a telegram from Cover
nor Aycock that Judge Purnell had
approved the bond and under the or
der of Chief Justice Fuller the road
Continued on Page Three.)
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-03
MENACED WITH
POWER OF STATE
The A. & N c. Bond Approved, the Receivers
Were Ordered to Turn the Road Over
to the Directors.

right of appeal. A writ of error there
fore lies for review of the whole pro-
ceeding by higher court. Within
the past few months also two con-
tempt cases have been appealed from
the District of Columbia courts and
reversed by the higher court.
The Proceedings Today.
The proceedings before Judge
Pritchard in Raleigh tomorrow there
fore will probably be, rst, an attempt
to secure the discharge of Mr.. Daniels
on the ground that no contempt with
in the meaning of the law was COM
mitted by him and that the court
therefore did not have jurisdiction to
punish, and second, that if con-
tempt was committed an appeal lies
from Judge Purnells ruling to the
Circuit Court of Appeals for a review
of the whole case.
In view of these facts there seems
to exist little doubbt in the minds of
lawyers here as to what will happen
in Raleigh tomorrow when the case
is argued before Judge Pritchard.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-03
TN JUDGE PURNELL'S COURT
YESTERDAY
JUDGE PURNELL OvERAULED HIMSELF
tuesday He Would Not
Even Hear Authorities
on Subject of Ap-
peal.

Judge Winston: MAY IL please
Your Honor. would Your Honor KIND
" hear some authorities for an APP
peal?
Judge PurneIl: mo appeal hes'
Judoe Winston. The decision OF this
court is not renewable. L deciihe 10
grant the appeal. l decline to fix a
bond. The defendant is in the Gus
tody OF the marshal until the fine ana
costs are paid"
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-03
SAMUEL IL. CAILAWAY DEAD.
He Was President of the American
Locomotive Company.
(By the Associated Press; ;

New York, June samuel r. CAL
laway, president of the American Lo-
comotive Company, and former rresi-
dent of the New York Central Rail
road. died here today. Death followed
an operation for masterdists. ne was
54 years old Mr.. Galloway was bora
in Toronto, Ont. He entered the ser
vice of the Grand Trunk railroad IN
1864, became superintendent of the
Detroit and Milwaukee Railroad IN
1875 and manager of the Chicago
Grand Trunk in 1880. He next went
to the Union Pacific as vice-president
and to the New York, Chicago & st.
Louis as president. In 1897 he was
elected president of the Lakeshore &
Michigan Southern, and the following
year he was placed 1T the head of the
New York Central. In 1891 he re-
signed from the New York Central to
accept the presidency of the American
Locomotive Company.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-03

We are for Editor Daniels and APP
prove of his method of protecting the
States property of which we have be-
come citizens Raleigh Milling Co,
by L. r. OLIVER, President,
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-03

overruing
buc in the
of in
of
in the Mr. in
in
Daniels
JarvsM H Pou will
will
in
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-03
Yesterday Evening He De-
cided That Mr.. Daniels
Could Appeal His
Case.

..It being represented to the court
that the Supreme Court OF the United
States has Just handed down Il decis-
ion reversing the former decisions of
that court to the effect that the decis-
ions in cases of contempt are not re-
,iewabIe and there being involved in
this c.:sc question of jurisdiction.
IL is ordered by the court that the
application fer an appeal hereto are
prayed and the same is hereby al
lowed and the respondent relieved
from custody of the marshal on hi,
pcrfecting the said appeal.
..THOS. II. PURNELL,
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-16
ONE REPORT IS MADE.
AND ONE IS COMING
The Minority of the Federal Grand Jury. Will
Have Something to Submit to the
Court Today.

majority jury has presented its re-
port finding nothing upon which base Colonel Curtis
political charges. There minority report presented today
and then there may be something doing
perhaps that the minority report give
Iaukea little Congress upon with
OF the Delegate the majority report has, minority
minority will stir things up Bit for all that.
In the first place current report that only the testimony
OF Democrats heard before the and minority
says that United States District Attorney Breckons did voun
any of the witnesses
Mr. Breckons good deal unknd than that The minority
is further umoed will criticism,
the other side hearing OF there
OF knowing the truth of these until the minority
filed today but the air thick with them yesterday.
Also there question among lawyers whether
grand jury could file minority repor-and if could whether
such report privileged communication leaving whoever
might be roasted law But after ALL all that
the lawyers The minority report
officially will be filed at nine O'Clock this morning The majority
report follows:
To the Honorable Sanford Dole Judge of the United States
District Court, Territory of Hawaii
Sir: The special grand jury empaned and charged
by you twelfth day of 1904 having concluded
its duties beg submit herewith the following report
in the investigation Of election matters before the Jury stating
complaint had been laid before him and all witnesses
ing before this jury were summoned at the request OF members
thereof.
gave testimony
before this grand jury
After examining the witnesses tesfyng finding
grand jury there evidence produced which
would the indictment OF violating
the elecion that Sections Nos 54o3 54o8 and
5o8 of the Revised Statutes of the United States mentioned in
your charge this grand jury December I2th
(Sgd) A Gilman, c. G. Ballentyne, E. R. Bath VIM O.
Atwate E B. Carey J. A. McCandess George C. Watt Fred
Waldron, Whine, P Cooke Saml. G. Wilder c. M v
Forster K Kaia n Hundley Chas Butzke Henry Ian
did sign the majority They
S. M. Damon Hugh McCorrson, J. W. Nc
Donald John Enger, H. A Wilder and j. Splitter These six
after the had filed its
Jurors Carey Watt and Hundey excused by
Judge Dole, they desired to leave the city.
called the sitting of the Jacob
Watson, Ervng, John Emmeuth, Thomas Pedro Nalua
Harvey c. P. Iaukea H. J. Mossman, H. T. Moore, o.
Waller, J. F. Langston and Charles ]. Campbell.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-16

Lyles-''Did you ever come across a
more conceited fellow than BuIger?
They say he is an atheist; and 1 be-
ieve he is" Bonter-.I wouldn't like
to go so far as that; but I do know
that he doesn't recognize the existence
of superior being Town and
Country.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-16

Otto Ludloff, who has petitioned the
Federal court to adjudge him bank
rupt, declares but one creditor besides
the Territory, to which he owes s66. so
taxes. This is Edward Kunst. to whom
he owes s1100. secured by mortgage on
Kalihi lot valued at $1,000. Ludloff
gives this encountered real estate,
household goods valued at 5000 and in
surance policies for $4,000 as his assets.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-16
HABEAS CORPUS.

High Sheriff Henry made return to
the writ of habeas corpus for which
Hop Sing How petitioned. He said he
held the petitioner by virtue of a judg-
ment of the District Court of Honolulu.
wherein the petitioner was found guilty
of keeping a restaurant without Ii
cense and sentenced to pay fine of SO
and costs, and in default of payment TO
be imprisoned without hard labor. The
High Sheriff produced the petitioners
body in court, but the hearing was con-
tinued. Hop Sing How applies for the
writ on the ground that the restaurant
and lodging-house license regulation
is illegal. Judge Gear found it so in
another case. The Supreme Court has
never passed upon it.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-16
FORECLOSURE SUIT.

W. F. Allen. trustee, brings fore
closure suit against George and Matte
at per cent per annum, made Decenl-
Der %, 1902. and secured by mortgage
on land situated at the Waikiki road,
containing $500 square feet. with two
dwelling houses and other buildings
upon it. Interest and taxes. besides
the principal, are alleged to be due and
the petitioner asks for q decree of sale.
and, if the sale do not yield the anlount
of debt, a deficiency judgment. Holmes
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-16

S. Kanewanui. defeated Democratic
candidate for the House from Kauai,
has begun suit for $1,000 damages
against J. K. Lota and H. J. Willis,
whom he charges with having elected
him from the Court House at Hanalei,
where the election was held, while the
votes were being counted.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-16
Christmas
Dinner
Suggestions

Here are helper suggestions to
round out a Merry Christmas feast.
Table raisins. figs, assorted nuts,
citron, lemon and orange peel,
sweet picked peaches and pears,
telIies and preserves, sweet cider,
boiled cider, olives, pimoles, plum
buildings, mince-meant, bon bons.
Gruenhagen's candies and glazed
fruits in IL, and 2 ID. packages.
Branded fruits, oranges, apples.
caulihower and celery.
Don't forget green Christmas
tree.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-16
WRIT OF ASSISTANCE.

John NJ. Dowsett has brought petit
tion in equity for writ of assistance
against James Brown to put the petit
toner in possession of premises in
Young street, bought at commission
er's sale under foreclosure on November
q, 1903. The decree of sale was made
in the suit of ]. NJ. Dowsett, trustee.
VS.. Grace A. Brown. The defendant died
on April 4, 1904, and it is alleged that
her husband, the respondent in the
present suit, though having Joined in
the execution Of the mortgage, now
refuses to surrender the property.
Holmes & Stanley are attorneys for the
petitioner.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-16

& Stanley are attorneys for complain
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-16

& Stanley are attorneys for complain
ant.
DAMAGES ON COVENANT.
Vim Searock has brought a suit on
covenant for the January term against
Victoria s. Bufandeau, claiming $3.50
damages for breach of contract. The
basis of action is a lease alleged to
have been executed by the defendant to
the plaintiff on January 4, 1901, of an
undivided one-third interest in four
parcels of land in the district of Koolou,
Island of Oahu. Lyle A. Dickey is at
torney for plaintiff.
PROBATE OF WILL.
Judge Robinson admitted the viii OF
Annette Wundenberg to probate and
appointed Anna Sophia Wright, sister
of testatrix executrix without bond, as
directed in the will. Mrs. Wright is left
the entire estate by the will, which was
executed April Is, 1887, in presence of
Frances Tasmania Bickerton and Mary
Alice Wood. The estate consists of an
interest in land in Sydney, n. S. W.,
valued at $500 and personal effects at
$3.50.
Chin Jim En- petitions for probate of
the will of his wife, Lii Kee Yin, in
which he is named as devisee and lega-
tee and executor. The estate consists of
life insurance policy for $1,000 and per-
sonal effects valued at 500. It is di-
rected in the will that no bond be re-
quired of the executor. The will was
executed on November IA, 1904, and the
testatrix died on December II, 1904
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-16
PLEADINGs.

Kahiliailau yesterday pleaded not
guilty to his indictment for murder in
the first degree. Judge Robinson or
dered the trial set in it's order.
All Kow, through his attorney. w. A.
Whiting, had his plea to indictment for
assault and battery reserved till Mon
day.
In the case of Ng Gang and Wal Sing
Yick against Y. Van Hing and Lau
Cheng Tai, a general denial and mo-
ton for a bill of particulars have been
filed by A. S. Humphreys, attorney for
Y Van Hing
Williston graphic. (Williston, Williams County, N.D.) 1895-1919, 1904-08-18

one foot gets tired I push the treadle
to the dotted lines, and use the other.
There is no change of position except
% turn the arms and shoulders from
right to left, and reach ahead to the
extractor-no STOPPING. A two-frame
extractor Of the Novice type runs very
easily. The treadle is one by two and
one-half inches by three inches long,
with a piece of broom wire to the crank.
Whenever you wish to turn by hand you
can do so any minute. :.
To make brush, cut three-eighths
rope nine inches long; unravel, and lay
out fiat. Nail two sticks, one on each
side, and bring the other ends close to-
gether for handle. 1t is ahead Of any,
thing for me. learned how to make
brush from man by the name of Crow.
II nails are driven about one and one
fourth inches apart, so the points will
about COME together, you will have the
stiffness as we'll as the friction to hold
the rope strands.
l have made about 100 hives by nail
ing-no halving, mitering, nor dovetail-
ing. 1 have used these three or four
years, and not one has given way. OF
course, most people will buy their hives,
and they can be dovetailed cheaply with
machinery.-A. B. White, in Gleanings
in Bee Culture.
Williston graphic. (Williston, Williams County, N.D.) 1895-1919, 1904-08-18
A FEW POULTRY JOTT1NGS.

Dry sawdust makes a good bottom
for the coops. Clean it out and put
in fresh sawdust each week.
Don't force the chicks on the roost
too soon. This causes the crooked
breast we so often find in chickens.
The oftener you feed the chickens
the faster they grow. You can scarce
ly hurt a growing chick with dry feed
Never feed damaged feed-that is,
moldy corn, soured mashes. Serious
diseases too often alone come from
feed of this kind.
The Buff Orphington, the handsom-
est of fowls, equals the Plymouth
Rock as a table fowl, and the Leghorn
in it's egg producing qualities
Don't place the eggs of the Asiatic
and Mediterranean fowls m the in
cubator to hatch at the same time.
The Asiatics have :hick she'll and
require more moisture to soften the
shell. The same amount of moisture
would prevent the thinner shelled eggs
from hatching.-Twentieth Century
Farmer