davidaulloa/AmericanStories huggingface dataset:
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-14
TOXIC MAKES REPLY.
This is to the Russian Assertion of a
Violation of Japan of China's Neu-
trality.
(By the Associated Press. )

Washington, March 13.-From the
foreign Office at Toxic. the Japanese
legation has received a dispatch bear
ing on the report that the Russian
government has again drawn the at
tention of the powers with a statement
to the effect that the imperial troops
weer guilty Of a violation of China
neutrality as their appearance behind
the Russian army in the western part
Of Fengtien province must have been
effected by taking route through
Montgia.
LAS a matter of fact, however" the
japanese dispatch from Toxic says
1.-The imperial forces have never passed
through Mongolian territory, while
Russia has long been drawing supplies
from Mongolia and always has been
sending there disguised or armed
troops which intimidate native, princes
and people: have caused them to rem
der assistance to the Russians in the
rear"
The dispatch from Toxic points out
the following as the facts in evidence:
81 From the beginning of the war
till last July. Russia had at Halatolia
and Lesserkoulon and in Khorchin dis
trict under the jurisdiction of Prince
of Hintu, some two hundred soldiers
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-14
THIS WORD FATAL
On Returning the Case
is Remanded.
Decision of the United States Supreme
Court in a Case involving the
fCharge of PeOnage. Lower
Court Reversed.
(By the Associated Press. }

washington, March 13.-In the
peonage case of Samuel M. Clyatte vs.
the United States. the Supreme Court
of the United States today reversed
the decision of the Circuit Court OF
Appeals for the fifth circuit in favor
of Clyatte who was charged with re-
turning to involuntary servitude two
negroes named Gordon and Ridly The
opinion was handed down by Justice
Brewer, and while it upheld the con-
stitutionality of the law for the pun
ishment of peonage it held that as the
record failed to show that the negroes
had ever before been in custody, the
charge of returning them could not
be sustained. Clyatte, who resides ~
Georgia, was charged with taking the
men into custody While they were en-
ployed in Florida. The proceedings
State.
Sections 1890, 5526 of the revised
statutes were involved. The court
sustained their constitutionality, say
ing: 1--WE entertain no doubt of the
validity of this legislation or of it's
applicability to the case of any per-
son holding another in a state of peon-
age, and this whether there be munich
pal ordinance or State law sanctioning
SuCn nOlQlIlS. 1t operates uiI CSlly Oih
any citizen of the republic wherever
his residence may be"
Calling attention to the charge in
the indictment the justice said: 1t
was essential to show that Gordon and
Ridley had been in a condition of
peonage, to which by the act of the
defendant they were returned. We
ar not at liberty to transform this in
dictment into one charging that the
nf in cf1 a n
peonage or that he arrested them with
a view of placing them in such a
safe. The testimony disclosed that
the defendant with another party went
to Florida and caused the arrest of
Gordon and Ridley on warrants is
sued by a magistrate of Georgia for
larceny, but there can be little doubt
that these criminal proceedings were
only an excuse for securing the GUS
tody of Gordon and Ridly and taking
them back to Georgia to work out a
debt. While this is true there is not
a scintilla of testimony to show that
Gordon and RiGley were ever there.
tofore in a condition of peonage. We
are constrained therefor to rver-
sal of the judgment and remand the
case for a new trial. He said that
the trial court should on this account
have taken the case from the jury.
justice f1drIdn QlSSenLeu, kHylnS
that in his opinion there was evidence
tending to make a case within the
statute. ''The accused made no OBJ
lection to the submission of the case
to the jury" he said, land it is going
very far to hold in a case like this,
disclosing barbarities of the worst
kind against the negroes, that the trial
court erred in sending the case to the
jury"
The case was tried originally by
Judge Swayne and under the order
of the Supreme court will be remand
ed to his court for another trial
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-14
Loads all North Carolina Daies i'm News and CrvS~at

diana is found in the fact that every
law against the saloon has been en-
acted in the face of bitter opposition
on the part of politicians. In 1894
the Republican leaders pledged the
bravery and saloon elements that if
the party controlling the legislature
there should be no temperance legis-
lation. But as soon as the result of
the election was known, agitation for
restrictive legislation was begun, and
the Legislature OF 1895 enacted the
Nicholson law, which is the most
drastic that was ever placed upon the
statute books of the State.
Last fall the leaders of both parties
made similar pledges to the liquor in
terests, but in the face of these pledges
the law has been amended in a way
that makes it's operations more effec-
tive against the saloon. AS a matter
of fact, neither the majority nor the
minority in the Legislature favored
the legislation which thus re-enforces
the law as demanded by the temper
ance people, but thousands of petit
tions came up from all parts of the
State and the members did not dare
to refuse to enact a law which was
SO generally demanded by their con-
stituents.
HON II. r. LACY. SPEAKS.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-14
HULL IS BANK EXAMINER.
The Interstate Y Nj. C. A. COpven-
ton is Now in Full Swing.
Especial to News and Observer.l

Especial to News and Observer)
Asheville. N. c.. March 13.-Repub-
ucan State Chairman Rollins has re-
turned from BrysCn City where he has
been attending court. Mr.. Rollins
said this morning that he had received
a telegram from Fred A. Hull who is
in Charlotte, confirming the report
that Mr.. Hull had been appointed ma
tional bank examiner. Mr. Rollins
says that Mr.. Halls duties will take
him to the various cities throughout
the Carolinas and two or three South
ern States and that he will be as
signed to duty at once. Mr.. Hull will
receive a salary of $4,000 a year and
expenses.
The Interstate Young Mems Chris
tian convention is in full swing. All
the mass meetings yesterday were
largely attended, 1900 going to the
auditorium in the afternoon to hear
S. D. Gordon. The delegates will go
for 2, drive over the Vanderbilt es-
tate tomorrow.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-14

may not include the losses suffered
by the third army, with which the
commander-in-c chief was not in COM
munication for some time. The fig
ures given by the Japanese war office
appear more reasonable, namely,
40, 900 prisoners, 26,500 dead left on
the field, and 10000 killed or woundv
ed, the latter figure, of course, includ-
ing the dead found by the Japanese.
The Russian losses, therefore, total
over 100000 men, or more than one
third of the whole army.
The fact that the Japanese report
the capture of only sixty guns indi-
Gates that General Kuropatkin, at the
last moment succeeded in sending a
considerable portion of his artillery
northward on the railway.
The Japanese losses up to this
morning were reported as 41,222, not
including the army which pushed
north between Mukden and Fushun.
Official Russia is determined to car
ry on the war, and st. Petersburg re-
ports that orders have been issued for
the mobilization of more troops. This
may prove a difficult task with the
temper of the Russian people in its
present condition. There is still hope
in st. Petersburg that Russia can ex-
haust Japan financially, and for
months there has been talk of the
mobilization of an army on the
siberian border, which would compel
Japan to keep her vast army in Man
churia
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-14
A WAR COUNCIL TODAY
This is Called BY the Gar to Consid-
er the Present Situation. The Squad
ron of RojestvenskY is Said to Have
Been Recalled, and This Brings Out
a New Crop of Rumors of Peace
Soon to Be Realized.
iBy the Associated Press.) }

ST. Petersburg, March 13.-General
Kuropatxin in 81 dispatch dated March
18th, says fifty thousand Russians
were wounded during the last few
days lighting. General Kuropatkin
says: According to reports from the
rear guard, Japanese force consist
ing of division and a half are with
i'm a short distance of the Russian rear
guard" The second army is march
inc continually under the fire of the
enemy, who is advancing from the
east and west.
General Kuropatkin adds that the
rear guard advanced in perfect order
but that the movement of the trans
port along the Mandarin Road was
very difficult owing to the Japanese
cannonade. The country between lie
Pass and Mukden is tntersected by
rivers and steep banks and the Rus
sian wagons were Obliged to halt and
await their turn, causing much delay.
General Kuropatlxin compliments the
Japanese intelligence department.. he
says: Thanks to the Organization
of their intelligence department and
their reconnaissance. The Japanese
always knew the positions occupied by
our army.
1.-The first regiment of Siberian
Rifles had the most serious fighting.
They marched under the Japanese fire
from east and west almost continu-
ously Colonel Loesel succeeded in ex-
Treating three officers and one hum
dred and fifty men of the regiment
with it's colors and one battery. In the
battle of March 9Th the regiments lost
over 1000 men.
Reports ar coming in of heavy
losses by other divisions, notably the
Yurieff regiment of the twenty-f1fth
division, of which only two officers and
619 of the rank and file are left"
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-14
CAPTURE OF SAM STANLEY.
Who Shot and Killed Walter Austin
Six Weeks Ago.
Especial to News and Observer.

Especial to News and Observer.)
Winston Salem, n. c., March 13.-
Samuel Stanley, ex-section master on
the Norfolk & Western Railroad who
shot and killed Walter Austin, a young
man, at Wadesboro six weeks ago, was
captured last night at his home in
Ferrum, Va. He was found in the
garret where he is supposed to have
been since the murder. He had a
trap door in the ceiling. The arrest
was made by Chain Custer, agent for
the Norfolk & Western at Rocky
Mount, and a man named Greer, who
it is said will receive q reward OF $500
offered by the county and State for the
capture of the murderer.
Mr.. Custer, upon entering the house
said:
Sam Stanley, we know you are up
there. Come down or we will tear off
the gable end of the house,
Stanley replied by saying:
Il will come down rather than have
my house torn up" He was escorted
to Rocky Mount and committed to
JAIL
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-14
ASK FOR THE ROAD
People of Richmond De-
sire SOuthbOund.
A Mass Meeting Held at Rockingham,
and Resolutions Having in View
Securing the Road Unanimous
lY Adopted.
Especial to News and observer.) }

(Special to News and Observer
Rockingham, N. c., March 13.-A
mass meeting was held here this after
noon for the purpose of considering
making an effort to induce the Win
ston-Salem Southbound Railroad to
construct it's lines through Richmond
county. j. l.. Galloway was elected
chairman of the meeting anw A. S
Dockery secretary. The following res
olution was unanimously adopted:
Resolved, That it is the sence of this
convention that the towns of Rocking
ham and Hamlet and the county OF
Richmond Will offer as great induce
ments to secure the proposed Winston
Salem Southbound Railroad as any
towns or county competing with U.S.
and that a delegation of twelve citi-
ZenS of this town and county be APP
pointed to attend a meeting of the
projectors of said railroad in Win
ston-Salem on the 18th instant, and
that said delegation be instructed to
assure the builders of said proposed
road of our willingness to render gen.
erous financial aid in it's construction.
The following gentlemen were APP
pointed on the committee: r. l.. Steele
w. N. Everett, III. S. Ledbetter, H. c.
Watson. r. O. Leak, Jr., Claud Gore,
Parsons, A. J. Little, w. e. Crosland,
Colon Williams.
A committee will probably go from
Hamlet also 1t is said that the pro-
moters of this road propose to run 1t
southwark from Winston to some
point on the Atlantic Coast Line, thus
connecting with tidewater at Charles
ton. The most direct line for such a
route would be through this county,
connecting with the A. G.. l.. at Glib
SON.. The inducements in passing
through this county rather than by
Wadesboro or Monroe, aside from the
directness of the route, would be that
it would avoid crossing the Yadkin
or Peedee river. and that it would
open up a country of fine farming and
timber lands along the east bank OF
the Yadkfn In pesssees Besides, it is
said that the freight receipts at this
point, owing to the fact that there are
seven cotton factories here are larger
than those of any other point on the
Seaboard between Wilmington and
Charlotte.
The route through this country
would pass near the large kaolin de-
posits now being mined at Bostick's
mills and near or by the Blueett Falls
on the Peedee, 500 nto be developed by
the great Peedee Electric Power Com
pany, chartered by the General Assem-
bly, just adjourned.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-14
ELECTRIC LIGHTS FOR SPENCER.
A Contract Closed With the Salisbury
and Spencer Street Railway
Company.
Especial to News and observer.)

Especial to News and Observer.)
Spencer n. c., March 13.---At
meeting of the Board Of Aldermen Of
this place. held Saturday night, a con-
tract was closed with the Salisbury
and Spencer Street Railway Company
for a system of electric lights for
Spencer. the same to be put into oper-
alton by May 18th of this year In
addition to maintaining the custom
ary arc lights on the principal streets
of the town the company is also to
furnish incandescent lights and pow
er for business and domestic purposes.
A franchise was also granted the above
named company as successors to the
Salisbury Heat and Power Company
for the purpose of operating a street
railway between this place and Sails
bury, and also, if desired, to MAIN
tain and operate telephone system.
The acquisition Of electric lights is a
decided forward step for Spencer and
is only a part of extensive municipal
improvements to be made at once.
At the same meeting Of the alder
men an election was called to be held
April 18th for the purpose of voting
OH the question of issuing $4,000 of
bonds for the purpose of constructing
a sewer system, making street inn
provements and the erection of q
graded school building. The matter
of voting the bonds it is believed is
only question of getting the advan-
tages of same properly before the
citizens of the town.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-14
MARCHING UNDER
A RAIN OF BALLS
Only Portion of kuropatkins Great Force Has
Reached Tie Pass, and Every Step is Marked
With Blood
etaiIed for requisitioning horses and

detailed for requisitioning horses and
cattle.
80. In the latter part of last June
a Russian force, consisting of some
fifty troops and artillery men proceed
ing from the neighborhood of Lilo
Ling and Kaiyuan, penetrated into the
interior of Mongolia under the rule of
Prince Pei, taking their route between
Chung Chiatun and Kangan.
"3 In last September a body of
Russian soldiers together with a num-
Der of Manchurian and Mongolian
soldiers under their employ proceeded
westward from the neighborhood of
Tio Ling guarding three hundred carts
laden with arms and ammunition and
passing through that part of Mon
golia which is administered by the
prince of Hintu to Paknoshu near
Lesserkoulon. At Paknoshu they met
with resistance at the hands of the
Chinese officials and people and being
defeated had the ammunition confiS-
Gated by the magistrate of the Chaio-
yang district.
a. On September 18th last 800
Russian troopers were dispatched
from Tie Ling (Corredt) to Halase-
okai, presumably for the purpose of
intimidating the aforesaid Chinese Of
ficials and people.
"5. Since August last from 200 to
500 Russian soldiers have been sta
toned in the capital town of the
Hawaite Hsien or district and they
have been going round in the Khorlos
district in Mongolia extending from
Chungchiatun to Petun. These Rus
sian soldiers levied supplies, especial
" cattle and horses, by requisition in
the northeast of Mongolia and after
bringing them together at Petun con-
veyed them southeast under custody of
soldiers, both bv water and land
routes through the Khorlos district.
So 1t is still afresh in memory of
the general public that Russia had
rifles, guns and ammunition. which she
attempted to send to North China
from Mongolia through Changchiakuo
or Kalgan confiscated by the Chinese
authorities at Kalgan.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-14
GREETED WITH A LOAD OF SHOT
Fate of a Negro Who Attempts to
Enter Mr.. Clint Green's
Bedroom.
(srecial to News and observer.)

IoEECItI NEWS
Salisbury, n. c., March 13.-An un-
known negro in attempting to enter
the bed room of Mr.. Clint Green, in
this city, was severely shot in the
face early yesterday morning by Mr..
Green who discovered the would-be
robber at the window. The negro
made his escape from the premises,
but was so badly injured that ply
sician was called to dress his wounds.
He claimed to have been shot with a
pistol but shot were found in his
face corresponding with the work of
Mr.. Green who used a shot gun. The
robber also made a mistake in search
ing for a physician and went to the
home of DR.. j. Rumple, pastor of the
Presbyterian church, thinking he was
an NJ. ID. instead of q d. d. 1t was at
this juncture that officers were called
and the thief landed in Jail.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-14
MIR. JAMES o'BERRY DEAD.
He Served Pitt County as Treasurer
Acceptably for Twenty-Five Years.
Especial to News and Observer.)

Especial to News and Observer.)
Greenville, N. c., March 13.-Mr.
James Burton O'Berry, aged sixty-five
years, passed away at his home here
at $3.50 O'Clock this afternoon During
the Civil War he was clerk and master
in equity for Pitt county and soon
after the war engaged in the mer-
chandise business, which he continued
with marked success until his death,
his firm leading all others here in
volume of business. He also served
acceptably as county treasurer for
twenty-five years and declined to
stand for denomination last year be-
cause of failing health. No man was
held in higher esteem. He leaves a
wife, one son and one daughter.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-14

insurance in a number of insurance
orders. He will be buried here to-
morrow afternoon.
Superior court, which convenes here
next Monday, will be taken up al
most entirely with the criminal dock
ct, there being 246 cases already on
the criminal docket.
About one hundred of these. how
ever, are presentments for failure to
list taxes.
News was received here this morn
ing of the death of Mr.. G. w. Burt
at Valdosta, Ga, Sunday. Mr.. Burt
was a former Kinston merchant, and
his body will be brought here for
burial tomorrow. Pneumonia is said
to have been the cause of his death.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-14
Spending Leagues Money.
(Bv the Assoclated Press. }

Chicago, March ia bill has been
filed in the United States Circuit court
of Illinois by b. F. Buehler, of Cleve-
land, Ohio, alleging that Charles =.
Piper, secretary, and William E. Hyde.
archon of the Supreme Council of the
Royal League. a fraternal society, have
spent unlawfully more than $4,000
belonging to the general fund OF the
organization during the last five years.
1T is a suit of equity to recover the
money and to enjoin these officers
from spending any more money in the
general fund illegally and unlawfully.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-14
TWO NEGROES ARRESTED.
Believed to Be Leaders of a Gang OF
Car Thieves.
(special to News and observer.l


Charlotte, N. c., March 13.-The
Southern Railway has lost thousands
of dollars recently on account of cars
being broken open and robbed of
merchandise in transit, while the trains
were yet in this city.
Last night the police of the city
succeeded in locating and arresting
two negroes who are thought to be
the leaders of the gang of thieves. In
the possession of one of these negroes,
John Harries, were 4S quart bottles
of corn whiskey. Ernest Crawford, the
other negro under arrest had numer-
Gus articles concealed in his home
that had been taken from cars pass
ing through Charlotte. 1t is con-
servatively estimated that the South
ern has lost fifty thousand dollars by
car thieves within the city limits of
Charlotte since the first of last De-
cember.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-14
CAPT. wEsTRAY SWIFT DEAD.
News Received of the Death of G. w
Burt 1T Valdosta, Ga.
Especial to News and Obse

Kinston, N c.. March 13.-Captain
Westray c. Swift died this afternoon
at two o'clock from pneumonia, of
which he had been sick one week. He
leaves a widow and four children.
Captain Swift came to this city when
the Gay Lumber Company, a large
concern, was organized and of which
he was secretary and treasurer, and
general manager of the logging in
terests and railroad. Captain Swift
was a member of several orders,
among them the Elks, Royal Arcanum
and Blue Lodge Masons. Odd Fellows,
Hoo Hoos and carried considerable
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-14
BATE IS LAID TO REST.
Impressive But Simple Services Held
at Nashville.
lBv the Associated Preag. )

Nashville, Tenn, March 1S.-Im-
pressive. though simple services. par
ticipated in by the Legislature, Su-
preme court, State officials. United
Confederacy bivouacs and State Guard
and the Washington Congressional es-
cort, were held in the hall of the
House of Representative today over
the remains Of late United States
Senator VIM. B. Bate. Rev d. e.
Kelly and DR.. Lansing Burrows, con-
ducted the services.
The remains were taken to Mount
Olivet cemetery, accompanied by a
military escort and Confederate vet
erans and State guard at the head of
a long and imposing cortege.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-14
MRS. MARSHALL CLEMENT DIES.
A Change in Attorney HOlton's
Ofiice-Bool1er Washington
to Speak.
Especial to News and Observer.

AopCSIdl " NEWS Sillu ODSGINGIsJ
Winston Salem, n. c.. March 13.-
Mrs. Marshall Clement died this
morning at Mocksville after several
weeks illness of pneumonia. Her age
was seventy-three years. She leaves
six children to mourn her death. The
deceased was the wife of the late
Marshall Clement, who was recognized
as one of the most prominent lawyers
of this section. Mrs. Clement was a
devoted Christian and for many years
a member of the Methodist church.
w. l.. Pannill, one of the clerks in
District Attorney Holton's office, has
resigned to accept more lucrative
position with the Mayodan Cotton
Mills. He is succeeded by Robert r.
Grunert, a Salem boy, who has been
holding a government position in Ok
lahoma.
Booker Washington has accepted an
invitation to speak in this city Easter
Monday.