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The Macon Daily Telegraph
WEATHER FORECAST FOR CEORQIAi FAIR WEDNESDAY AND THURSDAYl COLDER NEAR THE COAST WEDNESDAY) FRESH NORTHWEST WINDS DIMINISHING.
ESTABLISHED IN 1826.
MACON, GA.,' WEDNESDAY MORNING, DECEMBER 23, 1908
DAILY, *7.00 A YEAR.
THREE MEN DIE IN BLOODY DUEL
FOUGHT ON STREETS OF OCILLA
Quiet Little Town Shocked
• From Center to Cir
cumference.
POLICEMAN GAIN WALTERS
LIES MORTALLY-INJURED
The Dead Arc Leonard Smith, Son
of Chief of Police Smith, VirgU
Mooro and Ills Brother, Charllo
Moore—Tronblo Arose Over Re
monstrance of Officer to Ono of
Charlie Moore’s Friends—Latter
Attacks Officer With Pistol, In
flicting Mortal Injuries—Officer
Kills' "His "Assailant—Leonard
Smith Shot by Virgil Moore in
Defending Officer—Virgil Mooro
Killed by Smith.
OCILLA, Ga.. Dec. 2> -THIS MORN
INQ AT 2 O’CLOCK THE PHYSI
CIANS IN ATTENDANCE UPON OF
FICER WALTERS STATED THAT
HIS.DEATH WAS MOMENTARILY
EXPECTED. HIS CONDITION IS
SUCH THAT OPERATIONS CAN
NOT BE ATTEMPTED.
CAN STATE SELL
WHISKYJEIZED?
Novel Question Perplexes
Richmond County Au
thorities.
ATLANTA, Go., Dec. 22.—(Telegraph
Bureau. Kimball House.)—What can be
done with whisky seized by officers of
tin- Mill.- mult’!- (lit- i>r"hil’lti<<n law?
This novel question has arisen to perplex
the authorities of Richmond county,
where more than 30.000 gallons of good
Intoxicants are stored away pending
some decision.
The prohibition law, unlike the federal
nrenue statutes and the prohibitive laws
A Kansas and Maine, makes no provision
for disposing of confiscated goods.
Question of Confiscation. -
In fact, there Is some question as to
OCILLA, Ga., Dec. 2. —Within a
fetone’s throw of each other, their life
blood’ making' crimson tho shaded
etreets of this quiet town, three men
were instantly.killed tonight and an
Officer of the law received \nortal
wounds.
The dead:
Charlie Moore.
Virgil Moore. '
Leonard Smith,.
The fatally injured:
Policeinan Cain Walters.
With the sharp* report of a fusllade
of shots ringing cut In tho still 1 air
of evening, Ocllla was aroused just as
her citizens ware returning to their
homes after a busy day’s shopping
and preparation for tho Christmas
holidays.
Story of the Shooting.
Jack Sheppard and Charlie Mooro
met Police Officer Walter on the
street shortly after 9 o'clock. Just
nftfir passing the officer Sheppard, it
is stated, fired a giant cannon cracker.
Tho officer mildly remonstrated with
him for tho act, whereupon Moore took
the side of Sheppard and words pass
ed between the trio,
Moore, it Is said, became violently
angry and attacked -the officer with
his j*Istol, shooting at short range.
Sheppard got out of tho way and took
»io hand further than that relate<\ in
the tragedy. Tho officer, mortally
wounded by Moore’s first bullet, sum
moned his energy and gamely fired
upon Mooro as tho latter ran/' The
officer’s aim was unerring, the ball
striking Mooro squarely in the back.
He ran across tho street from tho of
ficer and fell lifeless.
•While tho duel between the officer
and Clmrlio Mooro was in progress
Leonard Smith, a son of Chief of Po-
, lice Smith;- rushed to tho officer’s aid.
At this Juncture Virgil Moore, brother
of Charlie Moore, went to tho help
of hl’s brother, and, it is said, fifed
upon Smith, killing him instantly.
Smith, llko the officer, returned tho
firo upon his assailant, shooting him
dead in his tracks.
Walters Is Dying.
Physicians state that Walters can
not live through the night. He has a
dangerous wound In the stomach and
one in the back. Some one of his as
sailants shot him In tho back after
he wag down, i Either wound would
prove fatal. It Is said. He has a wife
and several small children. Ho is about
SB years of age. He came here from
Twiggs couty and Is a splendid offi
cer. There is much indignation at his
being- shot down.
The Moores.
Charlie Moore and his brother were
originally from Meriwether county. Tho
former was at one time chief of pollco
of Douglas and also was once a mem
ber of the Ocllta force. He was 'A
single man. He was about 25 years
of age. Virgil Moore was married and
leaves n wife and two children. H<
was engaged In merchandising. H<
was about SO years of age.
Town Wildly Excited.
•As Is natural under such dreum
stances, the town was greatjy excited
on account of tho unfortunate occur
rence. The wives of the officer and
Virgil Moore were nt once advised of
the affair and heart-rending scenes
followed. Strong men wept. The
whole town was soon in an uproar and
many gathered about tho place of
carnage. There was no demonstration
further than the expressed Indignation
and regret of many. The wounded of
ficer Is a quiet, unassuring, mild-
mannered man, an officer who goes
about dis duty faithfully and fearless
ly, looking after the Interest of the
town and its citizens. He was acting
wholly within his province In speaking
to tha person who oxploaded the can
non cracker, it la said.
Leonard Smith.
Leonard Smith waa rlghteen years
of ag- and a general favorite In this
community. He bravely rushed to tho
officer's side when he saw that the pT-
, llceman was In danger, and being aim
ed ha made a desperate attempt to
save th«- officer from i!.* k. 11-
wan Phot down Won* )'.• f.: •- 1 hm pi.-
tol. It is said, but he mans god to raise
Bimielf and fliv- upon Virgil Moore,
who attacked him. Hie parents were
at once advised of his death and tho
body was removed to the Smith home.
sale.
The prohibition law alone makes tho
sale of whisky even by the state Illegal.
Should an officer of the law undertake to
dispose of confiscated goods within the
state, by auction or otherwise, he would
make himself liable to prosecution for
violating the law, according to the opin
ion of many lawyers.
Cannot' Destroy Liquor.
Several who arc well Informed declare
that officers have as little right to de
stroy as to sell confiscated intoxicants.
Such goods cannot be classed with bur
glars tools or any property that Is used
exclusively for the commission of crime.
It Is lawful for a person to keep as much
whisky In the privacy of their homes as
they wish. It is entirely lawful for a
person to drink as much as he wants, bo
long as ho doesn’t get drunk publicly.
Even under the prohloltlon law, It Is
held, that whisky In itself Is not unlaw
ful or Illicit property.
Analagous Laws.
* The laws bearing on tho carrying and
the use of deadly weapons are In a sense
analogous. Although a person may com
mit murder with a revolver and though
tliat revolver may have been carried con
cealed, his property right In the gun Is
retained and cannot be taken. The
weapon cannot be taken and sold or de
stroyed by the state as unlawful proper
ty. In some cases It could be formally
levied on. os any other property of tho
defendant might be, to meet the costs of
tho trial. This cannot be done In tho
case of whisky, as no sale could be mado
and therefore no result could, be ob
tained.
Can Goods De Returned?
Many believe that defendants-in prohl-
Milton Rhoads, of Iowa, Re
turns to Macon to Re
new Memories.
the right of the state to confiscate whis
ky or other beverages when they arc
found to be held for purposes of Illegal
They can be held, of course, as evidence
until the cases aro disposed of. but many
believe tho property right of the defend
ant is never lost, though it may be shown
tho Intoxicants were the medium of vio
lating tho law.
Judgo Wm. P. Eve o£ the cltv court of
lchmnnd county, and J. C. C. Black, Jr.,
nis solicitor, were here yesterday. It Is
said that they conferred with soveml
authorities anent this and other questions
Involved In the “blind tiger’’ crusade now
on in Augusta. Neither would discuss it
for publication.
In Maine and Kansas.
In Maine and Kansas confiscated* whis
kies may be destroyed. Under the fed
eral law they aro sold by court auction.
No one has been able to nnd any Georgia
Law or court decision fixing any dispo
sition.
of M. C. Stoner, appealed from Gordon
county, the court of appeals held today
that It Is proper for a grand Jury to
‘ idlct a person for selling “malt liquors,’’
lthout noting that the same are intoxl
eating. It Is held further that the sale
of malt liquors constitutes a violation of
tho prohibition law, unless the liquors
are proven to. have been non-lntoxlcat-
_f. Stoner was arrested and Indicted
for Belling drinks known as "Cook's
Maltale,’’ and “Bud.” They were denoted
In tho Imli. (merit :is "malt li«|Uors." A
demurrer was filed, on the ground that a
trial could not be held on such a charge.
It was turned down by Judge Fite.
The court Is sustained by tho appellate
tribunal, which states that it is “up"
to the defendants in such cases to prove
such drinks to bo non-Intoxicating.
ROBBER ATTEMPTS
TO SNATCH PURSE
TWO SAVANNAH LADIE8 RE
PULSE NEGRO, AND EXCITED
CROWD GIVES CHASE.
SAVANNAH, Ga., Dec. 22.—Attack
ed by a negro would-bo robber in the
gloom of Forsyth Park tonight, under
tho shadow of tho Confederate monu
ment, Mrs./J: Sullivan Bond and Mrs.
A. G. Guerrard, Jr., succeeded in put
ting tho negro to flight and prevent
ing him from obtaining the sealskin
bag for which ho struggled with Mrs.
Bond.
A crowd of excited men chased the
negro, who escaped.
Chief Justice Canal Zone.
WASHINGTON Dec. 22—H.
Gudger, of North Carolina, will be
appointed by President Roosevelt to
be chief lustico of the supreme court
of the Panama canal zone, for a term
of six years, to succeed Dr. F. Mulls
Duran, whose term expires on Janu
ary 1. It la understood that Secre?
tary Wright has recommended to the
president this appointment. Mr. Gud
ger is an associate Justice of the canal
zone supreme court.
Judge Taft's Kinsman Missing.
BKKKKLY. CaL. Dec. 22—Dr. Fred
erick D. Taft, a third cousin of Presi
dent-elect Taft, is reported missing
from his home in this city with his
cousin. Walter J. Watson. Tin
men went to Bouldln Island to hunt
ducks Wednesday night with the In
tention of returning Saturday. He
of tho island and nearby marshes has
revealed no trace of the missing hunt
cr».
HE MADE HEROIC ESCAPE
FROM CAMP OGLETHORPE
Union Soldier Passes Through St.
Louis on Ills Way to Mncon to
Visit Places Connected With His
Dnrlng Escape Under tho Noses ot
Uio Confederate Guard—AVUl Try
to Locate Some of. His Comrades
W-Iio Mado tho Flight With Him
In a Birch Canoe Down tho Ocmul-
gee—Captured nt Shiloh and FI.
nally Landed in Camp Oglethorpe.
Charleston, then to Fortress Monroe and
to WiuihlnRton. I>. C., rvhero they wore
objects of much Interest oil ncrount or
[their emnclatetl condition and tho maun
?r of thotr escapo.
T-rhey carried with them on tho trip
down ft forced paper purporting to ho
nti order of CapL Hhlander of tho Tenth
’Georgia-Infantry detailing them as spe-i
rial officers assign,*d to scouting duty.
They never used tho paper, nnd Mr.
Rhode. had It when ho passed through
St. Louts Inst Tuesday. Mr. Hhodes,
ST. LOUIS, Dec. 22.—Nearly fifty
years after making a sensational
escape from a Confederate prison at
Macon, Ga., Milton Rhodes, 70 years
old, of ML Pleasant la., a veteran
of tho civil war. passed through St.
Louis on his way to Macon lo visit
some of the scenes connected with
his daring escapo under the noses of
the Confederate guards, and he Is
going to try and locate somo of
his comrades who mado the flight
with him In a birch canoe down the
Ocmulgec river to tho Atlantic
ocean, where ho was picked up by a
Union gunboat and taken to Wash
ington, D. C., after which ho came
to this city and rejoined his regi
ment. at Benton Barracks.
— While In the city Mr. Rhodes
stepped with a war comrado of Ills,
John E. Mitchell, at the N'uma Ho
tel, 1009 Market street. Mr.
Rhodes and Mr. Mitchell both be
longed lo Company I of tho Four
teenth Iowa Volunteers, and before
departing for Macon Rhodes and
Mitchell visited the site of Benton
Baryacks at tho old Fair Grounds.
At tho battle of Shiloh, April 0,
1802, Rhodes, with about 2,000
other Union soldiers, was taken pris
oner. and finally landed In Camp
Oglethorpe, In Macon, Georgia.
Preliminary Trip.
Tho Confederate guards at that
time were nearly all dressed In “but
ternut” suits of homespun. One
morning toward tho latter part of
July, 1802, Rhodes walked out of
prison clad In ono of tho “butter
nut” suits, which he had obtained
from a northern sympathizer, gave
tho customary salute to tho guards,
purchased a Back of peanuts on his
way down town to throw off sus
picion, leisurely walked through the
streets and finally started for the
Ocmulgoo river. After thoroughly
exploring the hanks of tho river in
search of a boat, ho came across two
canoes hid near tho edge of a cane,
brake, and carefully marked tho
spot whore they lay so ho could
readily find them. About two hours
had passed since ho toft tho prison,
nnd, fearing to stay away too long,
lest his absence should bo discov
ered, ho snuntored back and passed
Into tho prison.
Inside Rhodes told his brother,
Newton Rhodes, nnd Lieut. John
Logan and Capt. Jack Agey of the
Fourteenth Iowa Volunteers of his
plan of escapo, and they all agreed
upon making the attempt. Tho re
lief guards around tho prison wero
changed every two hours, and It was
decided at each chango In tho relief
ono of tho four men was to Walk
out, glvo the countersign and walk
slowly toward the river, after which
he was to make for tho canobrakc,
there hide nnd wait for tho others.
Logan, Capt. Agey and Newton
Rhodes succeeded In smuggling
threo butternut suite through thp
guards, and after disguising them
selves lay In readiness to carry out
their escape. It was decided to lot
Rhodes try first, after which tho
threo others would follow, at Inter
vals of two hours apart, when the
guard was roltovod. Rhodes walked
out of tho prison just six hours after
hla first successful attempt, passed
tho guards and retraced tho steps
of his first rcconnotssanco.
Sawed Tree and Escaped.
He hid himself In tho canebrako
near tho river and awaited the com
ing of his comrades. After an In
terval of two hours, In which time
he was almost paralyzed with fear,
bts brother, Newton, arrived. Two
hour later, Lieut. Logan appeared
and In another two hours CapL Agey
came. Tho fouf then set out for tho
place where Rhodes had seen the
boats.
Much to their amazement they found
the boats bom**, except one, which was
securely fastened to a largo willow tree
with a stout chain. They worked for
some time trying to unfasten the chain
or to break the lock. Unsuccessful tn
this. JO.odea produced a butch* r knlf<
felled the tree and launched the . boat,
“’he four had but little food anil no flre-
nns.
After an exciting experience on the
iVer, they finally reached the mouth ot
tho Ocmulgoo nnd landed on an Island.
They traveled by night, nnd hid In
swnrops during the day. When going
past a town, all would get In the bottom
of the frail canoo. nnd paddle just enough
to keep the ennoo moving, so that It-re
sembled ft log floating down• the river.
They wero shot ftt several times, and
once were hailed by & party of Confeder
acy kept going on until they wero so
timo they bumped Into a boat carrying
Confederate troops who took them to be
Confederates nnd allowed them to pro
ceed. In a Journey of .four weeks they
bo ft United States gunboat In search or
blockade runners. They wero taken to
soon after rejoining his regiment In St.
Louis, was made a captuln. and nerved
until the close of the war. Mr. Rhodes
New Sensation for Capital SdmTVirTF.
. ,, ... . Pcriment. I. .oerrtary.
City In the Way of i
Hold-Up.
CLIMAX OF THAT CITY’S
EPIDEMIC OF BURGLARY MIlledReylllo^ by Commissioner of Agri-
in which he made his memorable trip,
and wants to find some of the members
of the Tenth Georgia Infantry. Ho Is
also anxious to locate some of tho mem
bers of bis own reglmenL tho Fourteenth
Iowa Volunteers, und will be glad If any
will Inform him of their whero-
BRIDGE PLAYING
BRINGS COMMENT
Rev. Allen Fort Creates
Mild Sensation in Dub
lin By Remarks.
DUBLIN, Ga., Deo. 22.—Rev, Allen
Fort, pastor of the First Itaptitdt church,
although not a sensational preacher,
mado some sensational remarks lit his
sermon Sunday night, causing much com
ment this week.
He Eluted that Dublin ladles were piny-
Ing too much bridge. That up to recently
It was not possible for tho hrldgo players
to get up more than four tables, but that
now enough players can be uecurcd to
fill seven tables. He said that he was
Informed that recently one Indy called
another a “liar" at a bridge table and
another threatened to slap a lady's faco.
He said that Intoxicants were served on
ono occasion and somo or the ladies drank
enough to become affected.
Ho was preaching about Peter’s denial
of Christ, and said lIiaI thc2ladlcs who piny
brldgo but deny Christ tn another wny.
Tho remarks of tho minister havo been
the occasion of much speculation.
• To Sip With Taft.
Hon. Clark Grier, president of the Taft
club of Georgia, will leave Friday for
Augusta lo be present on Saturday at a
dining to bo given In honor of Judgo Wm.
Howard Taft, presldenr-clect. The nffnlr
Is to be purely social, but doubtless poli
tics will , bo discussed. As Mr, Grier Is
at tho head of the republican organiza
tion * of the state doubtless Judge Tuft
will confer with him regarding Georgia
matters. Mr. Grier has an elegant gold
headed cane which was presented to him
by the republicans of the statn for tho
hard work lie did In behalf of the candi
dacy of Judgo Taft.
Federal Building.
Tho postofflen site question la still un
settled. At the request of the mass meet
ing recently held Mr. II. H. Smith re
newed his offer to the government to
sell to It the northeast comer, of Jackson
and Jefferson streets, but ha ha* raised
the price from $16,500 to $19,500. Ho first
decided to let the government havo this
comer for the first named figures, but
withdrew tho offer before the Inspector
cam*, here.
Oat Crop Finest Ever.
It Is said that the out crop of TAurens
county l.V the largest this year of nnv In
tho history of the county. Tho farmers
have sown a large acreage in small grain
and the oats are looking- very fine. The
oldest Inhabitants state they cannot re
member when onts looked better than nt
the present time. Laurens is well
adapted to the growth of small grain. It
Is a good sign that such a largo acreage
has been planted, because that means
a reduced cotton acreage.
FALLSON YORSE;
LIFEJSWVED
A Savannah Man Jumps
From Trestle-Alights
on Horse’s Back.
SAVANNAH, Ga., Due. 22-JBccaun
Patrolman Stewart rode hi, homo un
der a treitle of the Seaboard Afr Line
railway, to accustom the animal to the
nolae bf trains, ho saved the lire of
Duffy Beverly, who la well known here
and who Jumped from the treatlo Juat
In time to rave him from beneath tho
wheels of a parsing train lata tart
night.
Beverly waa eomjjelled to chooro be.
tween train and a leap Into the dark-
nee, below, with probable death await
ing him there.
Ho chore the latter couno and fell
alt ride the officer's hone.
Ho was knocked unconrclou* and
very badly brulied but will rpcedlly
get well.
ulsar fleet
of tho Colorado. Mniird from her
afternoon nt flve o'clock for Tallin
President ObaJdLa, tho members
nd Herbert O. “
i used In prison for making line trinkets narturo.
state capital today, in the offlcea of the
commissioner of agriculture. About
twenty applicants appeared for examina
tion.
Practically the only work accomplished
today was organization of tho board.
Pr. John R. Anderson, of Macon, was
elected president and Pr. J. C.
Schwenc-kn secretary. Other members
aro Dr. M. A. Morris, of Savannah; Dr.
C. R. Jolly, of Atlanta, and Pr. Thomas
E. Jago, of Athens.
Tho annual meeting of the Georgia
Veterinarians’ Association began at the
Kimball House tills afternoon. Dr. P. F.
Dr.
J. H. L. Oliphaut, of Augusta: Pr. M. A.
Morris, of Savannah: I>r. H. J. Sell wart*,
of Atlanta; Pr. W. R Carnes, of Atlan-
*n: and Pr. C. II. Jolty.
Tho meeting will closo tomorrow after
noon.
Oil Inspector Named.
ATLANTA, Ga., Pec. 22.—Clayton Rob
inson has boon appointed oil Inspector at
MllledgevlUn by Commissioner of Agri
culture T. a. Hudson. Ho won over
about six applicants, and succeeds J. F.
Bell,
Two Armed Men Attempt to Hold Up
Street Car on Washington Street
Line—Car En Route to Grant Park
—Highwaymen Wero Heavily Armed
and Seemed Bent on Holding Up all
tho Passengers—Car Was Crowded
and Resistance Was Offered—Would
bo Robbore Flee When Passengers
Get Busy.
ATLANTA, Ga.. Dec. 22— (Telegraph
Bureau. .Kimball House)—Tho acme
of Atlanta’s epidemic ot burglary canto
today when two armed men tried to
hold up A street car On tho Washing
ton street line. It wan on tho way to
Grant Park. They were heavily arm
ed and Bcemed bent on holding up nil
tile passengers, with whom tiio car was
crowded. At tho first show of resist
ance they fled.
Acme of “Cheek.”
While Policeman R. J. Hulsey slept
at his homo Sunday night, a burglar
entered his room and donned tho
trousers which the officer had doffed
and deposited on tho head of tho bed.
Nothing elso wan disturbed.
A Lynching Dramatized.
ATLANTA. Ga.. Dec. 22—AH essen
tials for a good lively, riotous tlmo
xcept one prevailed around tho good
town of Comer Inst night. There was
tho negro, under arrest for the “usual
crime.” Thero was tho sheriff and his
posse. There were telegrams to tho
governor, long dlstnnco messages lo
tho adjutant general, followed by ex
citement and burning lights way Into
tho night nt the state capltol. Thero
was liaBty communication with railroad
authorities, hurried chartering of a
special train, unusually quick assem
bling of a military company, a wild
ride from Athens to tho scone of»”tho
trouble.” There was everything to
produce a Jump-up newspaper stfrry—
except tho mob.
The Villain.
Jnke Moody, a negro was arrestod
near Pnoli, Madison county, charged
with attempting to assault Mrs. (Branch
Dodd, a very popular young woman
of that neighborhood. Tho arrest wan
made by tho justice of tho peuce. who
loaded Jake down with chnins nnd with
on armed posse marched him off to
tho calaboose at Comer. When tho
thriving little town was reached, some
little oxcltomont wan naturally caused
by Jnke and Ids grand array of clank
ing chains and the serious faced nnd
heavy artlllcricd guard that did him
honor.
Officer Gets Nervous.
The sheriff took charge of Jake nnd
promptly got very much excited. ICvery
little crowd of three or four men ap
peared to h'm like on avenging mob,
nnd as night drew on ho could hear
their yells as they charged the Jail,
ropo in hand, nnd demanded the nig
ger.
Wires to Governor.
Governor Smith was wired. Ho com
municated .with Adjutant Gen arid Scott,
who chartered ft special train nnd order
ed out tho Athens company of militia.
The boys assembled nnd wero on their
way In forty-five minutes.
Major 8. V. Hanford and Captain W.
A. Capps wern In command. In nn hour
tho company was on tho Job ut Comnr,
or rather they were looking for tho Job.
All Is Anxiety.
General Rcott remained nt tho capltol
telephone In hand until Into nt night.
Finally ho got Major Sanford on tho
wire.
"Did you save tho negro?” the general
asked, always hoping that his men will
mnkn good.
"Hops so,” tho officer replied. "Wo
haven't found him yet.”
“Did the Mob Get Him?”
"What! Did tho mob get- him?" called
er than was Comer when
troopers Invaded Its precinctsJ 9MSI
was no ono on tho street to direct them
to the calaboose, which they had dlfflcul
tyjn finding.
They soon learned that tho sheriff ha**
inkcn the negro In bis buggy to Daniels-
vllle nml thero placed him In prison.
And. like the famous soldlrts win
marched up tho hill and then down
again, tho bravo boys In
tor. special nnd returned td
I.n«t reports ore to tho effect that all
WHIPPING TALES
ARE CONTINUED
Stories of Abuse to Wo
men Smack of the
Dark Ages.
Is quiet at Comer.
The Law and Fireworks,
ATLANTA, da.. Dec. 22,-Merchants
had better bo careful In selling firearms
to bo used for Christmas toys. In view
of a decision handed down by the court
of appeals today. It was In the case of
Huslo Mat thews, the 11-year-old daugh
ter of K. II. Matthews, by her next bovt
friends, against John Caldwell, a local
merchant.
It seams that Rusts went to the Cald
well store last Christmas and wanted to
K rchaso somo firecrackers.- The supply
vlng been exhausted the merchant
nuked her to purchase a toy revolver.
Ho showed her one known as “tho Amei-
Iran Bull Dog,” and from the description
In the record seemed to bo about half toy
and half weapon. It was purcl»a*ed
by tho little girl, and several blank cart
ridge* wore thrown In. In firing th<
“toy” her hand was badly burned bj
powder, and she cams near dying from
tc t a mis.
Then suit was brought for damages. It
being itii<’K*■'i .. Htato law against
the «nl*j of firearm* to children had been
violated. A motion to non-suit was sus
tained by Judgo Held of the Atlanta city
court, on the ground that the pistol was
a “toy.”
On nppcnl the high court declares that
there 1m sufficient doubt sa to the nature
of the weapon to Justify the submission
of the question to a Jury, and reverses
the action of tho lower court.
ON TARIFF BILL
Committee Yesterday Com
pletes Hearings on Sug
gested Revision.
TO SPECIAL MARCH TERM
UNION CITY. Tcnn., Dec. 22—When
Mrs. Gintna Jackson, one of tho state's
witnesses, this afternoo’h in tho night
riders’ trial, .wag excused from
stand, sho turnod to Judgo Jones and
said: "I will not leave tho court
room without armed protection,
know these men.”
Told Vivid Stories*
Mrs. Jackson told a vivid story of
several visits of the riders, corrobor
ated Fred Fchringor’s testimony In
mnny details, as did other witnesses
and Identified by name at least twen
ty-seven members of tho band. Bho
was followed on tho stand by her
daughter. Miss Dora Jackson, an Hgh-
teon-year-old girl, who corroborated
her mother.
Another Night Rider Testifies.
The Inst witness of tho day was
Will Russell, another alleged night
rider, who has turned state's evidence.
Russell came to Union City after tho
Rankin killing nnd made n confession.
Ho was trembling with fear nnd could
scarcely raise hts voice above a whis
per. The attorney, general hart to re
peat most of his answers In order
that the Jury might hear them. Rus
sell Is under const ant gunid, but says
In- barn lii.it lie will »>,. hillrd In H|>it«
of theso precautions Russell's story
was practically tho sttme as that (old
by Fchrlngcr. and corroborated It In
every essential detail. Cross-exnml-
nntlon was deferred until Wednesday
morning.
Other Women Whipped.
Mrs. Kmtna Jackson said tho night
riders camo to her homo, forced her
to dress nnd accompany them to her
father’s, -with her husband nnd daugh
ter. They ordered her to kill somo
dogs sho owned, and burned her fath»
or’* house. Hho Identified Onrrott
Johnson ns tho loader, Tho riders
enmo back two nights later, sho de
clared, forced her to go to her fath
er’s half clad, nnd said there lmd boon
somo talking done. They whipped her
father nnd then her sisters. Sho said
she uguln recognized Garrett Johnson
und several others.
Savage Tales.
third tlmo they called to fora?
her to get rid of her Ulster's llttlo
child because tho lntter hud quarrelled
with another neighbor’s child. They
told Mrs. Jackson that If they had
to come again they would whip her.
A fourth time they came to whip her
father, becauso ho testified before tho
grand Jury. On tho last visit Garrott
Johnson, said the witness, asked her
If she hud talked. She replied: “No,
Mr. Johnson, I have not.”
“Pd Blow Your Brains Out.”
"If you wero a man,” Johnson re
torted, "I’d blow your brain* out. We
will hang you If you talk.”
Judge Bhuw. a witness, said the
night riders woro "mother hubbards”
und black mask* nnd tried to disguise
their voices by talking In falsetto
tones. When Bhaw was summoned
before the grand Jury he tried to slip
Into the town nt night. The riders
caught him nnd threatened to kill
him. Finally they gnv« him his choice
of a switching or hanging. Ho told
thetp lie was not anxious to undergo
either, but if he had to take a cholco
ho would prefer the whipping,
got it.
Bhaw amused the rourt by hla
quaint answers to questions of coun
sel. After the riders whipped him
they told him to run.
"Did you run?” Inquired the court.
"You oughter have seen me," retort
ed the witness.
Martin Leonard, another farmer near
Reel Foot Lake, A-* visited by tho
riders and was given fivo day* to
move under penalty of being hanged.
Asked if. ho moved he casually ob
served that ho was still alive, but
his home was burned.
Witness after witness told of vis
Rations by the rider* nnd there was
no Identification nnd no effort made
to connect the riders with tho murder
of Capt. Rankin hr his murderers.
One witness, Mrs. Leonard, when ask
ed how mnny there were in the band
which visited her, said:
“Woods Full of 'Em.”
“About two hundred. I reckon. Tho
woods were full of ’em.”
The purpose of the state is .to show
Uie reign of terror maintained tn tho
Reel Foot district by tho riders and
to prove that the murder of Cap*.
Rankin was only an Instunco of a gi
gantic conspiracy.
The court announced that an ad
journment would bo tuken on Thurs*
day until Saturday, but on thAt day
I would l»- In •• hmIom onl
two hours. The prisoner* wero brougT
into rourt today hand- uffed in puli
with a detail of two so Id Mrs for me
pair. The soldiers with rllle* halts
at the court room door and other sol
filer* armed with revolvers nut tli
prisoners at the.threshold und escort
ed them to the bar*
No Tariff Revision Committeo hjaa
Ever Had at Its Command So Large
a Store of Information as the Present
One—Andrew Carnegie's Testimony
Monday Was Very Displeasing to
the Members, as it Imparted No In-
formation Desired or Of Value—J.
Pierpont Morgan May be Called
Later.
WASHINGTON, Dec. 2.—The houso
ways nnd means committeo today com-*
plcted its hearing* on the proposed re
vision of the tariff and tho sub-com
mittee, consisting of the republican
member* of the full committeo, began
tho work of revising the present law
into n tariff bill. Thin bill is to bo
submitted to congress at the special
session, which It I* understood Judgo
Toft will call next March.
In order' to.complete Its work In
time, the HUh-gimmlttee will hold daily
meeting* bckHVclosed doors until tho
now bill has been framed. No tariff 1
revision committeo has ever had at its-
command so large a fund of Informa
tion a* tho present committeo.
Thorn was llttlo done at today’*
meeting aside from mnpplng out tho
plan.* to be pursued in drafting tho
new bill. Each schcdulo will bo taken
up In It* rcgillar order and the tes
timony on each paragraph given duo
consideration.
If. in the estimation of the members,
of the committee, It Is desirable to ob
tain further testimony regarding ttio
manufacture of some urtlcle or If it Is
lacking with regard to soma paragraph:
of tho tariff, further witnesses whoso
testimony would bo of value will bo
called before the committee.
Carnegie's Talk Unsatisfactory,
Mr. Carneglo’s testimony yesterday
did not prove satisfactory tq the com-
mlttcc. Gna prominent republican
member said today that th|« testimony
wfi* practically useless as far as in
formation of use to the committeo In.
Its deliberations is concerned.
W. A. Graham Clark, an export on
woolens, connected with the bureau of
manufactures of th 0 department of
commerce nnd labor, appeared beforo
the committee today. He gave a mass
of figure* relating to cost of produc
tion in tho various wool producing*
countries und supplied tho commit
tee with figure* n* to shrinkage, shod
dy and other matter* relating to wool.
From the character of tho questions
asked by several members of the com
mittee, It I* evident that thoy favor a
reduction in tho duty on shoddy, whlio
It In hardly probable that ony chango
will be mado In tho woolen schedule
generally.
There has been somo talk of the com
mittee having J. Pierpont Morgan be
fore It and give any Information ho
may havo regarding the alleged Inter
national agreement of steel manufac
turers hero und abroad.
USUAL DECOY LETTER
SAVANNAH, Go.. Dec. 22—A de
coy letter caused the arrest and con-,
fession of Asbury C. Walton, a negro
mall currier hero today, several letters
of value had been missed after being
mailed on the route and ho was found
with the murked money from the de
coy In his pockets. Ho was bound
over to the federal court.
NEWS BUTCHER ARRESTED
CHARGE GRAND LARCENY
SAVANNAH, Ga., Dec. 22—Robert
Cummings, a news butcher on tho
Central, botween Savannah and Atlan
ta, was arrested here today on a war
rant charging grand larceny in Cam
den, N. J. Ho was tracked to At
lanta and It was stated narrowly es
caped'arrest thero last night.
WM. H. NEWMAN LEAVES
NEW YORK CENTRAL SYSTEM
NEW YORK. Dec. 22.—After forty
years of railroad service, eight of which
was spent as head of tho gnat New
York Central system. Wm. II. New
man today tendered hts resignation as.
president -f tho New York Central and
Hudson River Railroad Company. Th»
directors accepted the resignation to-
take effect February 1st next.
While It was the wish of Mr. New
man to make his retirement from rail
road life complete, it Is said that pos
sibly he may be Induced to remain
a member of tho directing board. HI*
successor as president of tho road has.
not been chosen.
Verdict for Guatemala.
SAN SALVADOR. Republic of Sal
vador, Dec. 22—The secretary of tho-
Central American court of Justice at
Cartago. Costa Rica, ha* forwarded to*
th«* Salvadorean government the ver
dict of tho court in the suit brought
by Honduran against Salvador and
barging the
ting th
■ olutlo
rdfet Is
tamala and Salvador on
constitutes a vlndlcatlo
ruble
Ho
tlou throughout tho republic.
