davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09
VA HAN IN TROUBLE.
Pensacola Man Fires at Enemy and
Kills a Bystander.

Pensacola, Fla, May S.-Deputy Sheriff
Smith reached the city tonight having in
his custody John b. Vaughan of Century
charged with murder by causing the death
of a young man, Fred Knowles, a travel
ing picture enlarger. The bullet fred
by Vaughan and which killed Knowles
was intended for Jack Nichols, also a
resident of Century. There has been
trouble between Vaughan and Nichols
for several weeks and Sunday they met
in the office of Justice of Peace Mitchell
and it was only by the constable putting
both out Of the office that trouble was
prevented.
Yesterday they met again and excharg-
ed blows. both finally falling to the
ground. with Nichols on top, and getting
decidedly the best Of the encounter
Vaughan succeeded in drawing his re-
volver and when Nichols saw the wea-
pom he released his grip and fed in the
direction of large crowd of spectators
Vaughan fired the bullet penetrating the
brain of Knowles. a bystander, who was
purchasing ticket for Bluff Springs.
Vaughan has held many prominent posi-
tions, being legislator several times.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09
AnxIetY AS to outcome.

London, May 9-rhe editorial@rtieles In
this mornings newspapers reflect hVely
anxiety as to the outcome of the delicate
situation involved In the dispute between
Japan and France on the neutrality ques-
tion Every allowance is made FOR the
difficulty France has to face and II is
fully believed the French government Is
doing its utmost to observ neutrality ac-
cording to her Interpretation Of the prin-
eiples thereof. Whether the French CO.
lonial authorities are equally anxious 10
obey instructions from Paris is greatly
questioned. The belief here is that they
have strong prediction in favor OF
Russia, and act accordingly
The Lonodn newspapers do not conceal
their opinion that the facilities Rojest-
vensky has obtained in French waters
constitute "A serious menace 10 japan s
ability to retain command of the sea, ana
all concur and apprehend that Japan VIII
force the situation In a manner calcula-
ted to draw other powers into the strug-
Gle. since such developments would SUIT
Russia's plans, strong appeals VIII be
made to the French government to avoid
the possibility of such complications.
NO further news has been received
throwing light ON the positions of the
fleets. According to the Daily Mail
Hong Kong correspondent a secret con-
ference Of British naval commanders was
held there yesterday (MondaY).
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09
Narships Believed TO Have
Left French Waters
Is TOGO IN KOREAN CHANNEL?
Anxiety In London Is Intense over
Complications That Ma Arise If
France Cannot Maintain
Her Neutrality.

There are indications that French hos
pitality will not be taxed much longer
by the Russian warships which have
been lowering about the coast of Indo-
China for nearly month Official ad-
vices have reached St. Petersburg which
are believed To Indicate that the division
under Vice Admiral Nebogaton has ef-
feeted a junction with the more power
full squadron commanded by Vice Admiral
Rojestvensky and at the Russian capital
1t is expected that tne~combined squad
rons will lose no time In steaming north
ward to encounter the Japanese.
Confirmation of St. Petersburg expecta-
ton is afforded by an official dispatch 10
the French naval office announcing that
the Russian squadron has left Konghai
bay. its destination being unknown. The
bay named Is probably what is shown on
some maps as Kanh Hoa, or Mia Trang,
which is few miles south of Honkhoe
bay. where the Russian ships were recent
~ reported to be. simultaneously Japa-
nese warships are reported to be eoncen-
trating in the straits of Formosa, the
scouting line being much extended.
There has been increasing feeling in
Japanese official quarters regarding the
way in which France has construed neu-
trality and Great Britains sympathy
for her ally has been evidenced IN com
munieatons that have passed between
the British foreign secretary and the
French ambassador In London, as we'll as
between the British Ambassador in Paris
and Foreign Minister Delcasse.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09
Refuses to Define War Zone.

st. Petersburg. May S.-Japan has re-
fused TO agree to a definition of the lin
its of the war zone in Mongolia west of
the prcscnt positions Of the armies. Until
after the Russian defeat at Mukden. and
while the operations were confined 70
Manchuria the neutral zone was well es-
tablished. although claims of violation
wore preferred by both bellgerents. North
of Tie Pass. Mongolia. tuts east and across
the railroad. the limit Of the zone of hos
tflitles has never been fixed, in view OF
the fact that the japanese used Sinmintin
Ia effect their turning movement against
Mukden. General I.inevitch called upon
the authorities at st. Petersburg to secure
a definition OF the line northward and
Russia made proposals that the govern-
mont at pekin delimit the zone, but the
answers from China were evasive, Japan
declining to bind herself. For the present.
therefore. General Linevitch IS free 10
take such measures as he deems proper
10 nrotect himself from a hostile move
ment i'm the direction of Mongolia.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09

New York. May S.-News of an eight
hour ocean race in which seven big Uni
ted States battleships participated, was
brought here today by the battleship Ala
bama, which arrived in command of Rear
Admiral Charles H. Davis. and will go to
the navy yard to be overhauled because
of the poor showing which she made in
the contest.
The ships were coming up the coast last
Saturday and were about 200 miles south
of Cape Henry, when the word was given
for a speed test. For two hours it was
nip and tuck, there being scarcely a
change in the relative position of the par
ticipants BY that time excitement was
running high on board the battleships,
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09
COURT REVERSES
MUCH MOOTED CASE
Decision Handed Down in Alabama
and Georgia Manufacturing
Company Litigation.

Washington, d. c., May S.-(Special.)-
The United States supreme court today
reversed the court of appeals. Fifth cir
Mills VS.. the Alabama and Georgia Man
ufacturing company.
The case arose out of a controversy as
TO which of the states, Georgia and Ala
bama, the companies are citizened. The
Tlle Hugely company is the successor of
the Alabama of Georgia company, which
was organized In 1866 to do manufactur-
ing business on the Chattahoochie river,
constituting the boundary line between
the two states. Incorporation papers
were first taken out in Alabama and then
in Georgia and property was owned in
both states.
The litigation arose over a note for
$60,000 given in 1884. After ten years liti-
cation in the Georgia courts the defend
ants instituted proceedings of their own
in Alabama, claimed citizenship there and
denying the Jurisdiction of the Georgia
courts The Riverdale company, which
had acquired the property filed bill In
the circuit court for the Northern district
of Georgia to restrain the prosecution
of the Alabama case. That court granted
an injunction, but the circuit court of ap-
peas for the Fifth circuit reversed the
finding and ordered the circuit court to
dismiss the bill Today's decision which
was announced by Justice Brewer up
held the circuit court and reversed the
court of appeals.
Evidently" he said. this defense
springing from the existence of two cor
porations was an after thought when all
other resources had failed and equity
may well say that to sustain the present
contention would give judicial sanction
to inexecusable trifiing with courts. 1t is
always to be understood that Federal tri-
bunals are not moot court and that par
ties having substantial rights must, when
brought into court, present these rights
or they NAV lose them.'
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09
'1ALCONTENTS ARE
STIRRING STRIFE
PAMPHLETS CIRCULATED IN RUS
STA URGE ENLIsTING SOLDIERS
NEVER TO FIRE ON PEASANTS
WHILE ON RIOT DUTY.

Moscow. May s.-A propaganda aiming
to deprive the government Of its effective
weapon for lighting disorder Is being
preached by the Moscow committee OF
the social revolutionists, who are cir
culating among the peasants thousands of
copies of proclamation to exact oaths
previous to entering the army not to raise
their arms against peasants or other
workmen.
IF ordered to quell riot" the procla-
nation says. ''let them direct rifles not
against their innocent brothers but
against the officers who would make ac-
cursed fratracides." The proclamation at
tacks the war and attributes Russian de-
feats to peculations by Grand Dukes and
generals and urges the peasants to rise
and take their rights.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09
ALABAMA LOSES OUT IN
RACE OF BATTLESHlPS

and the speed contest had developed into
a race. Finally the Massachusetts and the
Alabama began to fall behind, and when
the signal ending the race was flashed,
both these ships We're far in the rear.
The Alabama, which has the record of be-
ing one of the fastest battleships in the
navy, was fully mile and half be-
hind the Massachusetts.
At the finish the battleship Missouri,
which had drawn away from the others,
was only 731k miles sout of Cape Henry,
having covered 1261a miles in the eight
hours.
battleships were under forced draft. With
the exception of the Alabama. all the YES
sells went to Hampton Roads.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09
DALLAS COUNTY MAN
FLED FROM THE MOB
Brice Lnch Goes to Selma and Re-
ports That His House Is
Surrounded.

Montgomery, May s.-A special to the
Advertiser from Selma says that Brice
Binch, a prominent farmer of Dallas
county. came to Selma this morning and
reported that he was compelled to leave
his home during the night to escape
from a mob which had surrounded his
house.
According TO the story said to have been
related by Linch he had a dispute the
day previous with one Haynes, but 1t
was passed In the first instance but bull
lets came in the second by Haynes son.
After these he proceeded home. where the
house was afterwards surrounded he al
leges. He stepped from the house under
cover of darkness came to Selma and
reported the matter
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09
RECOVERY OF VICTIMS
IS SLOW AND PERILOUS

Fort Worth, Tex, May S.-A special to
the Record from Wilburton l. T.. says:
Tonight six bodies have been recovered
from Missouri Kansas and Texas coal
mine No. l9, in which occurred the explo-
sion on April 80. The first body was re-
covered late last night, nineteen hours
after the explosion, and was discovered
and later four more today. The reeov-
cred bodies are those of Ben Smit, O.
Golden and f. Morino, white William
Edwards, Knox Inch. w. d. Byrd. ne
groes. The bodies were badly deeomposed
and were rushed TO the cemetery for i'm
mediate burial. Two of the bodies ap-
peared bruised and burned. The other
victims evidently died from sunoeation.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09

The bodies were found in pairs as a rule
at various places in the entry.
The work Is very slow and perilous, and
the stencil sickens the workers
The location If the stored powder and
dynamite unexploded destroys the origi-
nal theory of the explosion. The interior
of the mine IL not damaged seriously.
The body of Foreman Steiner who was
at first supposed to have been killed at
the bottom of the shaft, has not yet been
discovered. Mine Inspector Cameron does
not believe that any of the bodies are
burned He attributes their appearance
when found to decomposition. He thinks
that each man must have lived only a
minute or two. The workers hope to re-
cover the remaining seven bodies Snor-
row.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09
President Shaffer Out.

Detroit. May S.-After standing al
the head of the Amalgamated Associa
for eight years, President T. j. Shat
fer of the association. which is al
present in annual session here, will
this year yield his place to a success
sor. This announcement was made
today to the convention by President
Shaffer when he finished reading his
annual report.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09
EMPEROR HAD BIG
TIME LAST EASTER
Hid an Orange In His Pocket and Had
the Sailors Hunt
for 1t.

Berlin. May S-The Neuste Nachrichten
today prints a letter from a member OF
the crew of the imperial yacht Hohenzoi-
lern describing the Easter day romp OF
Emperor William and the Empress. After
the Sailors had received their Easter
eggs and other presents. they We're all
sent below while their majesties nid orah-
ges In the cabin and invarious places
around the deck, for which the sailors
hunted
You have found all but two said
the Emperor al length, and there was a
fresh hunt. Finally one of the sailors
saw the Emperor's pocket bulging ana
reached his hand into 1t and took out an
range. The last orange was found IN the
Empress's parasol
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09
junction Is Accomplished.

St Petersburg. May .. is a. m.-Ac-
eording TO dispatches to the admiralty
brought TO Saigon by the hospital ship
Kostroma. the junction OF Vice Admiral
Rotestvensky and Nobogatoff by this time
is an accomplished fact. The admiralty
processes ignorance Of the present loea-
tion of lhe united squadrons, but IN view
of the long and uninterrupted voyage OF
Nobogatons s division. it is believed his
ships will spend some time In sheltered
waters of the Chinese sea, near the coast,
but outside the three mile limit, IN order
10 complete final recoaling and other
preparations before setting out on the
last and crucial stage Of the voyage.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09
Mob Formed in Richmond.

Richmond. Va, May S.-Rumors
had II latae this evening that crowds
were gathering outside the city to at
tempt to lynch Austin Johnson, a ne
gro confined in the Henrico county
Jail for an alleged felonous assault
upon Ruth inchback, a 10-yearold
white girl. Police were hurried to the
JAIL and the latter Is strongly guarded
and no mob is likely to effect an en-
trance The jail Is within the city
limits of Richmond.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09

Canon City IL appeared that every inhabit-
ant was on the reception committee. Hun
dreds of children carried large boquets
Of ilaes with which they showered the
President az he appeared on the rear
platform of the car Rocket
Florence turned out en- masse TO greet
the President. All business houses were
closed and workingmsn and women were
at the station when the special stopped
five minutes. The President made short
speech.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09
Newmans Get an Option.

Chattanooga. Tenn, May s.-(Speclal0-
An option of sixty days on the properties
of the Chattanooga Electric and Rapid
Transit Street Railway companies grant
ed to j. *. Newman IN behalf Of the
banking firm Of Isadore Newman's Sons
OF New York, is the latest development
of the local street railway situation. The
merger. although postponed. seems prob
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09

or else their shift will be cut short But
with state statement as a preliminary l
wish 10 urge with all the eaSerness L
POSSESS not only upon the public but upon
those Interested in ,he gerat railway cor
norations-the absolute need of aequies''
cenee in the enactment of such law
,As has been well set forth by the at
torney general Mr.. Moody In ms recent
masterly argument presented to the COM
mittee of the Senate, which is investigat-
ing the matter, the legislatures have the
right and as | believe, the duty OF con-
ferring those powers upon some executive
bodv. II cannot confer them upon any
court. nor can 1t take away the courts
power to interfere with the law Is ad-
ministered In wa that amounts 10
confiscation Of property. or course IL
would be possible to come much SNORT ol
such condscaton and yer do great dam
age perhaps irreparable damage to the
great corporations engaged In interstate
He was followed by Governor Jesse Nc
Donald who spoke of 'The State. and
Mayor Robert w. Speer, who responded
10 the toast THE city" Senator Thomas
M. Patterson then spoke to the toast
THE President.
A. the conclusion of the speeeh-making
natriotic airs were played by the or
rhestra the five hundred participants IN
tho banouet singing In chorus. Iheh
ALI surrounded the President and escort
ed him to his rooms In the hotei, Where
they shouted good night and eheered
for several minutes.
his party were driven to the stdiioh anu
entered their cars for the night
rhe President was taken In hand by
Mr. Temple. the governor and mayor, ana
gurro,inded bv a score of local detectives,
going hurriedy through the afched en-
france to the station AS he stepped INTO
the court on the Seventeeth street slde
of the station he became plainly visible
to the multitude which was held III check
on both sides of the street by the poilce
A great cheer rent the air and the Presl-
dent doffed his hat and bowed smlhnglN'
battalion Of the Second uhited states
infantry from Fort Logan, under com
mand Of Major II l.. Haily. and two
cavalry troops Of the Colorado National
guard escorted the Presidents carriage
through the crowded streets TO the Brown
Palace hotel mile distant.
Along the route throngs banked the
streets and waved flags and cheered YiS-
orous1v. The President stood up most or
the time. and hatless, bowed TO the cheer
ing crowds
The presidential party arrived at the
hotel at 7 o'clock. For an hour ana a
quarter the President was in retirement
in his rooms. hastily looking over impor-
tant communications. and consulting with
Secretary Loeb At 7:i5 he received the
members Of the Press club in his rooms
and was admitted as honorary member
of the club. A solid gold membership card
made of Colorados precious metal with
him name inscribed thereon as the first
honorary member of the club, was pre-
coated 70 the President. This was accept
Cd IN a brief but feeling speech Of appre-
oiat,on and then the President shook
hands with all the members Of the club
nrosent. A reception Of the guests OF
the banquet was held and the President
tben entered the banquet room.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09
pusslan Elect leaves.

Paris. May S.-An official dispatch was
received here tonight saying the Russian
squadron left konghai CAahnhoa, or
Mia Trang) bay. This follows the et-
forts of the French authorities TO keep
The smiadron moving. It's destination 10
not given
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09
New Railroad Is Chartered.

New Orleans, May s.-The Colorado
Southern New Orleans and Pacific filed
a charter here today to build A railroad
from New Orleans to connect with the
Colorado Southern and thence to the Pa
oinc. The charter bears the names of
local directory. but gives no inkling as
to the real hackers of the plant.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09
Togo In Korean Channel.

London, May 9.-rhe Daily Mails cor
respondent at Singapore telegraphins tnis
morning says.
"A private letter from influential friends
at Toxic states that Vice Admiral fogos
feet II concentrating in the Korean chan
mel. and that a portion OF the Japanese
naNN us wntehing NladiYuatok..
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09
ulrnInla Wins Dual Meet.

r.chmond Va, May SIN the dual
track meet at the University OF Vir-
ginia today, Virginia won from North
Carolina BY the score of SO to 20. Five
southern intercollegiate records were
broken at tho meet.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09
Jan Flaushio is Lost.

London May 9.-'Ghe Paris eorrespond-
ent of the Times telegraphs: II Is rumor-
ed in Russian circles here that the Jap
anese flagship Mikasa was lost IN the
Straits of Korea a week ago
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09
PLANS OUTLINED
FOR NEW SYSTEM
Will Form Link Between En-
peror and People
100 WEAK FOR LIBERALS S
Proposed to Hold Elections In Russia
This Summer to Elect Delegates
to the Proposed Popular
Assembly.
100 WEAK FOR LIBERALS

St Petersburg, May g. 3:O7 a. ma re-
port defining the form and character of
the new branch of the government to be
created in accordance with the imperial
rescript of March is current In official
circles here. according to which the fruits
of the Bouligan commission have taken
the form of a recommendation for the ere
alton of "zemslxy SOVIET or council
of zemstvos, elected directly through the
zemstvos to serve as a connecting link
between the Emperor and the people.
The Emperor is said to have accepted
the report of the commission and the date
of its proclamation has been tentatively
fixed for May IS. The main features of the
reported scheme are an organization COM
prisng from 500 to $50 members elected
by the zemstvos, the zemstvo system be-
ing extended to all parts of the empire
while the autocratic power of the Em-
peror will remain undiminlshed, the as
sembly's privileges being advisory, with
the right of interpelating the ministers
and reviewing the budget when formulat-
ed, though the ministers continue to be
responsible only 70 the Emperor, whose
will remain the supreme law.
Elections will be held during the sum-
mer in order that the first session OF
the new assembly may open on Novem-
Der 10.
Though such a zemsky sovyet will fan
to satisfy the liberals, who are calling
for a full plunge into constitutionaHsm
universal suffrage, a responsible minis
try etc, the recommendation of 1t, IL
that really has been adopted by the
Bouligan commission. will go far toward
meeting the wishes of the conservative
liberals, including the great and important
faetisn following M. Shijon, Prince Trou-
betskoy and the marshals of the nobility,
who believe that autocracy tempered with
some measure of contact with popular
desire and free from the abuses of the
bureaucracy, is the panacea of which Rus
sia is in need.