The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1905-09-08
Application For Discharge Denied b.
Judge Walker.
No ELECTION on OPEN SALOONS
Supreme Court To Give the Case q
Hearing Todsy-Iabor DAY Celc-
hration i'm Raleish-Oriers From
National Guard Headquarters.

Raeigh. n. C, September 6.

@t w. "NsS (AAE~a. kANsAA Gtat
of rain fell yesterday and last night.
and the ground was extremely WEI.
which made Il rather unpleasant
for holiday makers. who here. had two
objective points.the state fair grounds,
where the labor organizations gave
barbecue and at Pullen park. where
there was a contest by old-time Cd
dler for the championship Of the state
and money prizes. this event being
pulled of in the afternoon, the judges
being State Treasurer Lacy. Auditor
Dixon and ex~-Congressman Nichols, all
of whom are devoted { o the fiddle and
the old tunes. but caring nothing for
violins and new music.
Governor Glenn went up TO Salisbu-
~ on an early train 10 make a speech
there At the Labor Day celebration. He
will return here and will probably re-
main until he leaves next week for his
tour Of four OF the New England
states TO make a series OF speeches.
The aim which have so marked The
summer just ended, have had a bad
effect on certain crops, but most OF all
upon cotton and tobacco. They cause
too great growth OF cotton and now
they are checking 10 a quite marked
degree the opeing Of the bolls Cot
ton is generally pretty rank on clay
lands.
1t appears to be the general opinion
here now hat the aldermen will not
call an election on the question OF
open saloons. The saloon men and
their lawyers, IL is intimated, will. in
such case, take the matter To the court
The question hinges upon this point.
whether a registered voter is a man
who is not only registered, but who
has paid his taxes by May 1st. of the
year in which he votes.
Yesterday Attorney Jones Fuller
came here from Durham and procured
from Associate Justice Walker of the
supreme court, a writ of habeas orpls
for Moses McCown, ex-mayor OF Dur
ham, who was in Jail there on the
charge of assaulting Superior Court
Judge Ward, Saturday night, Judge
Ward having sent McCown TO Jail and
med him 5000. The writ was made
returnable at noon today, AT the SUI
preme court, Judge Walker requesting
all the members of that court TO sit
with him in this curious and unique
case in Norh Carolina II is also said
the attorney general would appear for
Judge Ward in the absence Of the So
licitor OF the Durham district who is,
attend ng Aiamance court. Mr.. Fuller
said Jhe contention OF his would be
that McCowns act in striking JUICE
Ward vas not che of contempt under
the statute but that IL was one covered
by he law regarding simple assaults.
There is universal condemnation of
the act of McCown in making the as
sault on the judge.
Justice Walker heard the case alone
as il was arranged that here should
be an immediate hearing bv the full
Supreme court. He denied McCowu's.
application for discharge. and release
from Imprisonment, and remauded
him to the Durham Jail to serve OFT
the sentence imroscd ny Judge Ward.
McCown was accordingly taken tack
to purham this afternoon. and re-
in 1ail. The Supreme court
VIII specially near h case tomorrow
morning. solicitor Brooks and Attor-
new General Gilmer representing
Judge Ward and the state. The aues-
IlpIl 10 ne utclutu IL the pfIgIIIai one
whether Judge Ward had the RICH TO
for contemDt for an assault
upon his person out Of court.
The supreme court will tomorrow
take up the docket Of appeals from
the second district.
The following from the adju:ant
generals Office has been published, un-
der its provisions a number OF vet
eran officers of the national guard no@
on the retired list will take a step up.
State OF North Carolina,
Office Adjutant General.
Raleigh, August 29. 1905.
General Orders. No. Is.
The following paragraph Of
section VIII. chapter 103, Of the re-
vised statutes of North Carolina, is
published for the information OF an
concerned:
Retirement of officers. Whenever
an officer OF ten years service and up
ward makes application for retirement
he a by consent Of the commander
in chief. be retired with the next high
er grade, and all officers on the retired
list Of the national guard Of this state
are advanced one grade"
Officers on the retired list will be
permitted to Yea the uniform OF their
rank on occasions of ceremony, and
upon courts martial, courts Of inquiry,
duties of kindred nature, when call
ed upon Or assigned by competent au-
thority.
The names and residences OF retired
officers will De published in the regis
ter Of the military forces OF the state
of North Carolina, in the annual re-
port of the adjutant general.
By order of The commander I'm chief.
T. r. ROBERTSON,
Adjutant General.
Official.
ALFRED WILLIAMS,
Assistant Adjutant General.