davidaulloa/AmericanStories huggingface dataset:
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1909-04-01
BEXLEY- OSTEEN CASE
COMES TO SUDDEN END
Jury Discharged Before Introduction Of Evidence
and Case Continued to the May Term.

Judge Wills had court called 10 or
der at S:36 O'Clock Wednesday morn
ing. when consideration % the Bexley-
Osteen case was resumed. Solicitor
Rivers addressed the court, saying be
observed the record did not show ar
raignment Of the prisoners prior 70
swearing the jury. and he therefore
moved arraignment Of the defendants.
Miss Lois Hale. court stenographer,
was present to keep the record and
take down evidence IN the case.
Col. Stripping. leading counsel for
the defense. addressed the court. say.
ing that II the State Solicitor would
consent 10 recognizing the jury as AT
present constituted defense would In.
terpOse no objection, that he believed
the present Jury was as fair as could
he obtained. but n Il was the inten-
ton Of the Solicitor 10 empanel anoth.
er jury from a new venire. then DC
Tense objected, Solicitor Rivers made
no reply and asked for arraisnment,
which was proceeded with and the
Indictment read. In answer 10 the
question as whether guilty or net
guilty. defendants replied that counsel
would answer for them.
Col Stripping then made the follow
ing plea;
The defendants. VIM. A. Bexley
and TRULY Osteen. having heard the
indictment herein read. say. that q
jury has been organized. empanelled
and sworn 60 try said cause; that said
jury Is still empanelled. and they say
that they have been placed In jeopardy
upon said charge. and are entitled 20
have a verdict Of said jury. and they
submit 20 the court whether they shall
be required 70 make any other OF
further answer TO said Indictment"
solicitor Rivers demurTed 10 plea
OF defense as follows:
Now comes the State. By J. NJ. Riv.
ers. State Attorney. and demurs TO the
plea entered by the defendants. and
for cause Of demurrer shoWeth:
That said plea sets up no sufficient
facts 20 bar the further proceedings
IN this suit; and asks that the same
be Over-ruled and stricken"
The matter was submitted without
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1909-04-01

PARIS. March sl.-A special dis
patch from Rome says Guiseppi Tosti.
ex-President ROosevelts alleged as
sailant on board the steamer Ham
burg. emigrated from Italy 10 New
York with his son. The latter vas
dep0rted a. a dangerous character and
Tosti appealed 30 the White House
90 have the order Of deportation re-
soinded This appeal az hrst was not
answered bat finally Tosti vas IN
formed that President Roosevelt could
not interfere Ia the matter. Accord.
Ing 10 the dispatch. Tosu then decided
% reioin bis s0n and embarked on
the steamer Hamburg By ehanoe. Be
ing under the delusion that the ca
President wished 10 harm bis son. the
sight Of Mr. Roosevelt drove him into
frenzy. The authorities "a Naples
will take charge Of Tosti on the arriv.
al Of the Hamburg and place him on
trial
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1909-04-01

TOWNSVILLE, Ca March 81
Mlnk Morris. the negro who killed
sheriff Langston Of Leon county. Flor
Ida, last week. was captured early yes
terday morning az Coolidge, In this
county. and Is In jail here. The cap
ture was made by Deputy Sheriff Reh-
burg OF this city, Bailih Dollar Of
Grady county and W. II. MoncriOn and
Joe Potter Of Coolidge.
Morris father-in-law. George Stu
art, lives al Coolidge and Deputy Reh'
burg had heard that the negro was
headed for that place, 30 With Bailin
Dollar he went up Monday 90 be- ON
the lookout for him. Monday night
Morris was seen 90 enter Stuarts
house bat the officers decided not 20
attempt his arrest until daylight.
With Moncrion and Potter, they guard.
ed the house all night Soon after
daylight they demanded admittance
and stuart opened the door and lee
them in. Morris Was touha quietly
sleeping and when awakened be- made
no resistance az all 20 the officers.
tie vas brought 20 Thomasville yes
terday morning and lodged IN JAIL
where he viii b. kept until requisition
papers can be- obtained from the Gov
srnor OF Florida. as be refuses 10 b.
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1909-04-01

argument. whereupon the court sus-
tanned the demurrer TO the plea of the
defense. in the following language:
"Thls cause coming on 20 BE heard
upon the plea Of the defendants aled
herein. and the demurrer Of the state
thereto; and Il appearing that neither
said plea nor the records of Tits court
show that the defendants had been
arraigned before the Jury was or
ganiEed. empanslled and sworn. IA Is
considered By the court that said d.
murrer be, and the same b sustained"
Defendants except. Exception noted.
The defendants standing mute and
refusing 10 plead. the court entered .
plea Of not guilty a..
Col stripling then renewed bis
proposition 10 proceed with the case
II the Solicitor would consent 20 re.
organizing the jury as then eonsti-
ir...g1.
solicitor Rivers said he respectfully
declined the propOsltion. Cor the rea-
son that one Of the Jury had stated
after bcina sworn that he would not
convict upon circams,antial evidence.
and for the further reason that he did
not believe the case could be tried
within the time left for the special
term.
Counsel for defense then coniondtd
that defendants had plead not guilty
20 the Indictment IN habeas corpus
PROCEEDINGS. which contention was
oyerruled. the Jury discharged Tor the
term and the case continued 10 the
regular term in May.
Prisoners Sentenced.
The court then passed sentence
upon the following prisoners who had
been convicted az this term:
r. n. over. white. murder. was
sentenced 10 Be hung BY the neck until
he Il dead.
Robert Scott c0l0rcd. assault with
intent % rape. seven years az hard Ia
Dor IN the State penitentiary-
Freeman Swanson. TIE negro youth
who conveyed a Ole secreted IN q ba-
mana to prisoners confined IN the
Ccontinued On Page Fivs.)
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1909-04-01
MONDAYS PROCEEDINGS.
From Tuesdays Daily Sun:

gTom Iuesoays Daiiy sun:
Circuit court recOnvened Monday
morning at O'Clock pursuant to ad-
iOurnment OF Friday evening. Judge
Wills. Sheriff Ramsey and Solicitor
Rivers were In their respective places.
but there was only a small number Of
spectators present at the opening OF
the court.
The following was the petit Jury
drawn for the week: J. II. johnson.
T. NJ. Griffin. j. w. AlsOp. s. F. Har-
dee. J. X. Tuten, Z. A. Strunk, s. T.
Bauknight. r. G. Hagan, w. c. Kin
csid. w. p. MOseley, IT, Martin. A. w.
Craig. The sheriff reported that s. +.
Hardee and II. Martin were not 10
be found in the county. and the court
excused Messrs. Strunk. Craig and
Hagan.
A special venire Of six was ordered
summoned 10 complete the jury. the
sheriff making return Of same as fol
lows: w. ID. Pagan, w. L. Gore, d. A.
Robertson. L. Baird, C. A. w. Thomas,
NJ s. Phifer.
The State announced ready I'm the
case OF Charlie Trap, charged with
murder. Judge Carter. OF counsel for
defense, asked for a continuance on
account OF the sickness OF a material
witness. an attachment for whom had
been sued out The judge postponed
action on the matter pending proper
return Of the attachment by a regular
ly appointed deputy sheriff. only a
verbal return of nOn-service on &C
count of sickness having been made
by Mr.. Sheffield. who was not a regu-
iarly sworn deputy.
Robert Scott, colored, charged with
rape upon a little cOlOred girl az
Alachua. withdrew his plea Of not
suilty and plead guilty 90 assault
with intent 20 commit rape.
Court then took a recess until
-. m.
Afternoon Session.
The afternoon session Of court was
void OF interest Court was adjourned
a few minutes after being called 20
order until 3 o'clock Tuesday morning.
Tor which hour the case OF the State
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1909-04-01
Negro Slayer Of Icons
Sheriff Caught at Last

carried 10 Tallahassee until they were
served.
Morris 10 a black negro. rather tall
and thin and 80 years old. He Is very
quiet and seems exhausted By the long
run from his pursuers. A posse from
Florida. who had been pursuing him
with dogs. Was here Monday but re-
turned home, having Lost the trail
A reward OF tl1OO Was offered for
the arrest Of Morris. Gov. Smith wir-
cd yesterday afternoon % hold Nor
ns until requisition papers we're re-
celyed from the Governor Of Florida.
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1909-04-01
MIR. Roosevelt Lands
On the Azores Islands

PONTA DEL GADA. ISLAND or
SAC MIGUEL. THE AZORES. March
1.-The steamship Hamburg. with
former President Theodore Roosevelt
aboard arrived here Unexpectedly al
5 O'Clock yesterday morning. The yes
sci stopped briefly 10 give SIR. ROose-
welt am opportunity OF seeing the
beautiful scenery Of the island with
its springs and gardens. There was
great excitement among the people.
all OF whom were eager 10 obtain a
glimpse OF SIR Roosevelt
SIR. Roosevelt came ashore az no
O'Clock la the morning. A large crowd
assembled az the dock and gave him
an ovation. lie was greeted b. I'd
ward A. Creoyy and William W.
Nichols. respeotiyeg the American
consul and yice-consul az 81 Michaels.
With whom be- drove around POnta
Del Gada in an automobile la this
trip. SIR. Roosevelt was accompanied
by the members Of his party
The Hamburg steamed Out OF POnta
Del Gada AZ 1850 O'Clock yesterday
morning. Her next stopping place Il
Gibraltar where she Il due Thursday
On leaving Horta Monday M
Roosevelt vas giyen an enthusiasts
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1909-04-01
Negro viii Have Quick Trial


TALLAHASSEE. Fla March 81
Gov. Gnchrist forwarded requisition
papers for Mink Morris, negro slayer
of sheriff W. N. Langston. a. noon
Yesterday % Gov. Smith and b. wire
requested Gov. smith % have the
prisoner detained al ThomasVille
This request was granted.
Arrangements are being made Tor
speedy trial Gov Gilchrist havins
summoned Judge u. H. Palmer o.
Lake City. Judge Of the third circuit
10 hold Cor that purpose q special tern
OF court 20 BE- convened az Tallahas
see. Monday. April 5.
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1909-04-01

sender BY the English. German and
Portuguese residents Of Horia.
While AZ Horta. the other members
Of the Roosevelt party went on q
shooting expedition and g0t sixteen
birds Of ave different species.
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1909-04-01
BEXLEY and OSTEEN
FACED JURY OF PEERS
Two Prominent Young Men On TriaIFOr the Alleged
Murder Of W. h. MOreIand.

vs.. TRULY osteen and w. A. Bexley,
charged with the murder Of w. II.
Moreland at High Springs. Is set.
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1909-04-01

ware. Baird. Hartman and Appleton
Feagle were not 10 be found In the
county. and r. ID. Phifer failed TO ans
wer 90 his name
The work of Impaneling jury
was then begun. beginning with me
first name on the regular panel for the
week. The two prisoners took their
seats at the bar. surrounded By Judge
Bexley. father OF young Bexley. Mrs.
Osteen. mother OF the other defendant,
and Coils. Stripping. Thrasher and
BrOOme. their counsel
s. +. Bauknight disqualified him
self; the State challenged w. I Gore
and ID. A. Robertson Of the regular
panel.
The calling Of names from the spe
cial venire was then begun. two
names at a time. T. X. GOdbey vas
disqualified because he did not believe
In capital punishment. l. r. Kinsey
was excused by the State. II. A.
Pickett completed the jury OF twelve
as rendered by the State.
The defense excused w. ID. Pagan,
w. p. MOseley. r. Baird was excused
for cause. o. L. Feaster. R. w. Clark
and w. p. Mcleod were called IN
order to al the box. Mr. Mcleod was
excused on account OF an error In
copying his initials on the list as furn.
lshed the attorneys. r. CellOn was
disqualified on account OF relationship
TO one OF the defendants. .. b. Bailey
was called. r. W. Clark stood aide
Ter. cause, having fixed opinion as 20
me guilt or Innocence Of the defend
snts. J. L. Jameson was called ahs
excused BY the State. A. J. Feaster
was challenged by the State. A. b.
Feagle qualified. The State excused
Il. A. Pickett Sam Rogers qualified
and the State again rendered the
panel.
At this juncture counsel or lefend
ants asked permission 90 retire a few
moments to confer about the case
which was granted. It then being 1850
O'Clock.
Counsel and defendants returned In
few moments, when the court ex.
cused o. l.. Feaster for cause. T. c.
Scott qualified. M. S. Phifer was
excused for cause. r. Dyess took his
seat in the jury box The State ten
dered the jury for the third time.
The defense excused o. b. Bailey.
and J. H. Holly was called and com
pleted the panel OF twelve. which was
for the fourth time rendered By So
licitOr Rivers. The defense excused
J. NJ Halle. and James Raulerson was
called and qualified In the opinion Of
the State Solicitor, who rendered the
panel once more. The defense ex
cused Mr.. Raulerson. J. r. Startling
again completed the twelve men. when
recess was taken until 2 o'clock
without the panel being rendered.
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1909-04-01
AfternO0n Session.

The afternoon session was called 10
order az 2:Oi O'Clock. when the de-
PENDANTS were Joined By an additional
number OF their female relatives.
The panel was again broken By de-
tense peremptOrily challenging J. "A.
Holly. Fabiaa Thomas TOOK ais place
and made up the twelve. bat the de-
Tense exercised its right ard excused
J. w. Alsop. J. b. n. Gay vas allied
and excused by the State because he
was preiudiced against circumstantial
evidence. Il. L. Polk was excused by
the State. which exhausted eight OF
lts ten challenges.
A. @. hin qualified, and G. A. W.
Thomas was excused by the defense
d. s. Brown qualified, and W. G. Kin.
eaid was excused by the defense,
Henry FLETCHER being called 10 the
box. A. b. Feagle vas excused b.
the defense. and &. N. Dell was called
and qualified. whereupon A. O. Hill
vacated his seat AZ the request Of tie
defense. y. Al. Yearwo0d qualified
and the State again rendered the pan
eL but the defense broke Il BY ex-
.uslng Fabian Thomas. WhereupOn "
.n. Dukes was called and also excused
by the defense. W Z. bradshaw " -
excused foF cause, and w. T. Chesaut
called and excused for like cause. q
"A Gibbons vas excused FOR eaiso and
r. n. Doke vas called and qualhed
but c. n. Dell stood aside upon per
emptory challenge b. the defendant.
r. O. Zet-iaeT vas excused By the
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1909-04-01
Afternoon Session.

The afternoon session Of court was
void OF interest Court was adjourned
a few minutes after being called 90
order until 3 o'clock Tuesday morning
Cor which hour the case of the State
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1909-04-01
Prisoners Sentenced.

CONTINUED on Page FivaJ
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1909-04-27
TO RENDER "THE RUSTIC
WEDDING"

Among the opera composers who are
not direct imitatOrs of Wagner Carl
Goldmark, born 1880, is one of the
most noted He was the song a can
tor in one of Vienna's synagogues and
while yet boy showed great musical
ability playing the violin in public
when but II years of age. After
short time spent in study in the Wen
ma conservatory he was obliged to
earn his way, living on the small
salary earned in theatre orchastras.
Goldmark wrote two symphonies.
The first, THE Rustic Wedding" re-
sembling a suite of tone pictures, will
be played in part by the Walla Walla
Symphony orchestra in its concert in
Germania hall, April 90 This hall
has recently been refitted and with
exceptionally good acoustic qualities,
it is admirably adapted for concert
work
Mrs. Raymond c. Broods will be
soloist, singing both popular and
classic numbers.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1909-04-27

Walla WalIs real estate Is a safe
anchor
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1909-04-27
"GAMBLER'S WIFE,"

The production of The Gamblers
Wife" at the Keylor Grand theatre last
night by the Crrtiss Comedy COM
pany proved to be just what everyone
eXpected-a good play with plenty of
action presented in a thoroughly up
tO-Gate and creditable manner. This
Idea of selecting pleasing bills and
staging them correctly may not be eX-
actly original with the Curtiss COM
pany but it is certainly one which they
never fail to keep in evidence. Press
notices from other cities say that it is
one of the company's characteristics to
play good PLAYS we'll and thus far of
the present engagement the assertion
has been proven true in every in
stance.
Last night the play was exceptional
~ well received. Miss Leota Howard,
rs Anna Dennison, was excellent as
she always is and gave pleasing rem
dition of this difficult role. Mr. S. NJ
Curtiss, as Jack Diamond, was equally
effective in his correct Interpretation
of an eXacting role and Mr.. Melvin
Mayo, as Willard Graham, gave a
finished and interesting reading of his
part Miss Bessie Cartwright, as Cor
nelia Dennison, had a comedy part
which she made the most of and the
same can be said of Mr.. Geo. w. Routh
in his highly interesting impersonation
of Daniel Peabody, a gambler. Others
in the bill We're Miss Flossie Stricken
and Messrs. Chic. Kehoe. T. Natal
and Fred Walters, all of whom ap-
peared to advantage
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1909-04-27

mittee with instructions to report,
among other things, a section almost
identical to that of Senator Cummins.
The democrats almost solidly supported
the resolution, but the republicans de-
feated 1T.
Although the inheritance tax, recon-
mended by President Taft in his in
augural address, is already on the stat
ute books of 33 states, it is still a fac
tor in the revenue-raising discussions.
England has an inheritance tax. 1t
is pronounced a big success over there.
British inheritance taxes, drawn from
a population of 44,OOO,OO yield $50, O0O,-
900 to $95,O000 900 yearly of an internal
revenue of $470, 100000.
The gross capital value of the estate
contributing to the inheritance tax in
1908 was over $1,500,OO0,OO0 and the
OO0 The gross value of the person.
atty was s1,113,0OO,OO0 and of realty
$4,000, 900.
In the rates of duties for success
siOns, legacies and estates, estates of
less than $500 are exempt The duty
ranges from 1 per cent on estates from
$500 to $4,000 up to 10 per cent on es-
tates of $3,600,00 to $4,000, 900. Above
100000 there is a graduated scale.
OF the 1888 estates contributing in
1908, 1915 were of $4,000 and upward
and aggregated a total of S1,400, 900, 900.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1909-04-27
.eware of Oihtmen:s for Catarrh That
Contains Mercury.

AS mercury will surrey destroy the
sense of smell and completely derange
the whole system when entering it
through the mucous surfaces. Such ar
ticles should never be used except on
descriptions from reputable physicians
as the damage they will do is ten fold
to the good you can possibly derive
from them. Halls Catarrh Cure, man
ufactured by F. J. Cheney & Co., To-
ledo, O., contains no mercury, and is
taken internally, acting directly upon
the blood and mucous surfaces of the
system. In buying Halls Catarrh Cure
be sure you get the genuine. 1t is taken
internally and made in Toledo, Ohio
by F. J. Cheney & Co, Testimonials
free.
Sold by Druggists. Price, 75c per bot
lie.
Take Halls Family Pills for const1-
patton.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1909-04-27
feather Your Bait While the Tide1is Out"

Now the time before the
be comfortable
Summer coming
dg dayshot days when
besides carrying coal and
Honestly ism it tesome dayo spend
hours day hot dirty kitchen? Wou appreciate
this kind of conditions?
Just call Main representative call on Won
He will questions you expense work convenience
cleanliness gas range he will call ANYTIME At vur ~
toy
East Alder Northwestern Gas Electric Co. Phone 81
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1909-04-27

THE Gamblers Wife," will be re-
peated tonight
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1909-04-27
BUT JUST HOW is PROBLEM THAT
is WORRYING NATIONAL
LAW MAKERS.
Puzzle Is Whether 1t Shall Be Income
Tax. Inheritance Tax, or Tax
on Corporation Dividends.

WASHINGTON, April 27.-(Special
to the Statesman) Income tax, inner
itance tax, or tax on corporation divi-
dends? Which?
That's the big parliamentary ques-
ton hers in the national capital now
Which?
What makes the issue particularly
vexatious is that it cannot be avoid
ed, or even delayed. The republican
$100. 100000 of the public funds in ad-
vance of the revenue. Therefore, it is
absolutely necessary to collect an ad-
ditional $100,000,0OO from somewhere
Who will pay the tax-the annual
100000, 900 more than it cost a few
years ago to run the government?
No less than a dozen propositions
are under consideration The demo-
Gratis want the money raised by as
sessing incomes, corporation dividends,
or by an inheritance tax, if necessary
The republicans set out under the
Payne bill to raise the larger half of
the one hundred millions by assessing
the articles and foodstuffs necessary
for existence. That's the one thing the
democrats are willing to fight all sum-
mer to prevent
Senator Raileys amendment to the
new tariff bill providing for a per
one of the most popular measures up
for discussion in connection with the
revenue question. If Mr.. Aldrich of
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1909-04-27
At tho Majestic.

The Majestic began the fourth
week Of vaudeville last night with an
entire change of program and the in
PRODUCTION of new performers who
have already made good start to-
ward making good with the patrons
of the little playhouse.
Petrie and Budd, the novelty aero
bats. who are billed as the head liners
are worthy of the position and have
brought some good stunts along with
them from the east.
JAY Page the lightning clay mould
err is a wonder in mud and the way he
works over faces of the great men of
the country should have won him a
seat in the Ananias club long before
he struck Walla Walla.
1.-THE Dude and the Soubrette,' the
little act put up by Henri Bouman
and Annie ST. Claire, took well with
the audience as did their song and
dance specialties.
Illustrated songs and moving pic
lures relieved the waits and put the
finishing touches to the hours per-
Torrance.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1909-04-27
GOD OF GAMBLING
TO BE DETHRONCD

able from the sport, but the moral
wave has assaited even that form of
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1909-04-27
q the Kevlor Grand theatre early in

to the Keylor Grand theatre early IN
May.
MY father and mother" he contin-
ued. took me over to Boston from
Somerville, a suburb where I was born
and where we always lived. That was
the first time, too, that l really knew
that 7 was short sighted / could see
the persons on the stage, but l could
not make out their expressions clearly.
willie Edouin, the famous English
actor. was the star of the show, and
James T. Powers and JAG tues Kruger
were members of the cast. j thought
the funniest thing in the show was
Jimmy Powers sliding down stairs.
ANYHOW. that made the greatest i'm
preston on me. l laughted till my
sides ached.
by one of those strange theatrical
condolences, James T. Powers was the
star of A Mad Bargain the first
play in which l ever appeared on the
stage. And two years ago jacques
Kruger was the leading comedian In
one of my musical comedies.
after that night I began to wear
glasses, and l have worn them ever
since"