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The Winchester news. [volume] (Winchester, Ky.) 1908-19??, November 10, 1908, Image 1

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn86069133/1908-11-10/ed-1/seq-1/

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J TiI WI NCI1ESTERNEWS Ii i t i
VOl 1 NO 26 i WINCHESTER KY TUESDAY NOVEMBER 10 1908 2 CENTS A COPY 10 CENTS A WEEK 1
I
SUPREME COURT OF UNITED STATES
CASEc
Roles that Kentucky legislature Had Right to Prevent CoHeatioii of
= the White and Black Races
>
WAn de
tiding the case of Berea College vs
tile State of Kentuckyfavorably to
tlje State the Supreme Court of the
5ri United States yesterday held that the
Sfetes Lr of the Union may constitu
TOjially legislate to prevent the co
blackl
es
The case was instituted to test the
lidity of the State law of 1904 pro
< ° minting white and colored students
c from attending the same schools c
v i
a RacesNaturaily Antagonistic
r Fhe higher State court took the po
sition that white and black races are
naturally antagonistic and that the
e enforced saps ration of the children
> of the two is the line of the preserva
jt n of the peace
The opinion of the Supreme Court
nasi handed down by Justice Brewer
rid affirmed the finding of both the
Courtl
ol Appeals Justices Harlan and Day
k dissented
dissentedCaian
Caian Zone Case Decided
4Whether persons residing in the ca
nal zone are under the immediate pro
thei
United States was the principal ques
e tion involved in the case of Adolphus
Coulson vs the Government of the
Gunal Zone which was dismissed yes
terday by the Supreme Court of the
United States
Coulson was indicted and found
lgriiJ y on the charge of murdering his
r wife at Gargena in January 1907 1
and was subsequently sentenced to be
hanged He aupealed from the trial
court to the Supreme Court of the
Zone and there his principal d fnc
L was that ori his trial he hadbeeude
iti e
was entitled to under the Federal
Constitution
ConstitutionClaimed
Claimed Right to Jury
t Thus was raised the question as to
the status of the zone in criminal pro
behalfI
of Coulson that Zone belongs to
ther
teritory is part of this country the
government and the citizens are both
under the authority of the Constitu
lion with their respective rights de
I finedHence
Hence it was argued that the Fed
eral government can exercise no pow
er over the personal liberty or prop
erty ofan individual beyonowhat
the Constitution confers nor deny
J I any rights which the Constitution rP
serves including that of a jury trial
ZbneCourt is Affirmed
y
accepty I
tliis terpertation contending Uta t
ti l ithe Zone is territory in the use and
r occupation of the United States un
der its control but not such territory
that the constitution would be legis
lative in and of its own force carrv
its rights privileges and limitations
and the dismissal of the case has the
I effect of affirming that ruling
+
MR K Hi WINN SAYS
1 WANTS NO OFFICE
Chairman of RepublicaifState Com
mittee Stops in City Few
Hours
Mr R H Winn of Mtv Sterling
was here Tuesday morning on his
way from Richmond Mr Winn is
chairman of the Republican State
Central Committee and of the 10th
district committee Being atthe head
of the Republican organization in tthe
State he will bea potent factor in
the distribution of Federal patron
age
He declined to be interviewed on
any particular question In a gen
eral way he said that he would not
consider the matter of appointments
I
until the time came for them to be
madeMr
Mr Winn is an exception for a
Kentuckian He wants no office and
objects to being called Colonel
SPECIAL TERM OF
THE FEDERAL COURT
Judge Cochran Will Try Damage Suits
Against Government in
J
January
d
RICHMOND Ky Nov lOJudge
Cochran in the Federal Court here
yesterday ordered a special term of i
court begining the fourth Monday in j
January to try the various cases now
pending arising out of claims for
damages to land by reason of the
overflow of the Kentucky river caus
eel by the building of the numerous
locks in the river by the United
States
After the usual preliminaries of
procedure the granfl and petit juries
were empaneled The Judges in
structions to the grand jury were to
the effect that they would have no
special investigations to make and
the nature of all cases before them
would be mostly along the lines of
the illicit saland making of liquor
There are more than thirty moonshin
ing and one or two seizure cases of
importance which will probably be
tried at this term
PROPERTY FOR WIDOW
r PARIS Ky Nov 10The will of
Jas Hiilcock as probated in the
Nicholas county court leaves all his
city real estate and personal prop
erty to his widow Mrs Almia Hill
cockwho is named as executrix
without bond His county estate
near head quarters is devised to his
grand children and the widow of his
deceased son
Mr T G Bradley of Lexington
was in town Sunday
I
c
s
r 0 4
t OBt 1t
I
If you expect a larger business this Fall
and Winter than last year
If you expect to keep abreast of your
t competitors
p competitorsve
1 1eTSe e ews
moref
Homes on the rural routes of Clark county
dailyt
or weekly
it THE WINCHESTER EFCS goes into prac
5 S tic ally every home in Winchester
N 7
I
fI J 10 tit 1tkh2 e VQonu 1
I
J I
ace f uvcvesteT Te D5 Go I
n INCORF 5 if AT ZJ
tt t I
1
K a c ri r + wYLa WwaaY lorl + wt l iyryp tygg y y 1
S 1 iT
Sr r T
55
Si
OCTAVE CHANUTE PROMOTER OF THE AEROPLANE
Octave Cbanute of Chicago is an engineer who has been interested In
aerial navigation for many years and has recently offered a prize for an
aeroplane that will fly Mr Chanute is a Frenchman born in Paris in 1832
but he has lived in America since infancy and has been connected with many
engineering operations in various parts of the country >
DISMISSES THE BASE Z
AGAINST SALOON MAN
S ALOONMANtaIor
Judge Pendleton Holds Evidence Produced by Prof Talor is Not
Sufficient to Prove 0Mioor
I
ProbaUlytr 1afigest crowd that i
has everbeen seen in theqjolice court
room of this city was that of Monday
night to hear the trial of seven of the
leading saloon men of this citv
charged with violating the liquor law
by selling beer to Roger Green of Mt I
Sterling a minor and a student at
Kentucky Wesleyan College Young
Green is not a drinking man but in
fact is a total abstainer and did not
buy the beer for his own purpose
but at the request of Prof HVK
Taylor President of Kentucky Wes
leyan College for the purpose of mak
ing a test to see if the saloon keep
ers would sell to a minor and if they
did to indict them
Prof Taylor claims to have evi
dence of many violations of the law
by the saloon keepers selling to min
ors and college students and says
that he took this step to get proof
that could be used in court against
the saloon keepers
First Case Called
The first case called was the one
against J W Porter who runs a
aloon at the corner of Washington
and Maple streets Young Green was
the first witness to take the stand
He testified that on the niplit of Oc
tober the 30th last lie accompanied
by Prof Taylor went to Porters sa
loon and that Prof Taylor gave him
the money and told him to go in and
get a bottle of beer and bring it out
to hip This the boy says he did
says he called for beer and got a bot
saYtie
tie of something and brought it out
and gave it to Prof Taylor but could
not say whether it was beer or not
as he did not open it
r Prof Taylor Called
Prof Taylor testified that he did
ii tsee the boy enter the saloon or
come out but that the boy gave him
the beer and said that he got it at
Porters
PorteVsGreen
Green was then asked if he could
identify the one who sold him the
beer and said he did not know Mr
Porter the proprietor of the place
Avps then pointed out to him and ie
said positively that he was not the
one that the man who waited on him
was clean chaven The two bartend
ers were then pointed out to him
Jack Porter and Will Webb but he
could not say whether either of them
was the one
oneMakes
Makes Point of Law
After the boy had testified posi
lively that Mr Porter the proprietor
lof the place did not sell him the bot
l tle the attorneys for the defense then
I bronsrht rp the net on rs to whether
in t tie principal was responsible
Jfci the acts of his agents as intliis
I r
j
1
tJ I
case lIl prter Was the principal
and theme jtYd JJ euders his agents
The two bartenders testified that Mr
Porter had particularly warned them
not to sell to a minor
Court Dismisses Case
After a wrangle between the at j
torneys on the question whether or
not the principal was to be held re =
sponsible for the acts oft his x agents
after he had warned them against
selling to a minor the court dismiss
ed the case saying that sufficient ev
idence had not been produced to con
vict the principal or his agents as
the boy said he could licit say for
sure which one sold him the liquor
and the bartenders denied selling to
him
The Bottle Disappears
Sojne more evidence that might
have assisted Prof Taylor in his
prosecution would have been the pro
ducing of the bottle in court Bait
this could not be done as after the
boy would bring the boltles1 out Qf
each place Pro Taylor marked it to
show Y Tlaee it came from and
saved it to produce it as evidence
but the first night the case was set
for trial Prof Taylor brought the
bottles to the police court room and
the trial was postponed Prof Tay
lor left the bottles in the court room
but they disappeared and therefore
could not be produced
But One Case Tried
But one case of the seven was tried
Monday night The same decision
would have applied to all six others
but the prosecuting attorneys asked
for time until Thursday night so that
they mayhave an opportunity to look
up some authority on some similar
cases that might be contrary to Judge
Pendletons ruling in the matter If
s me further evidence is not pro
duced the same ruling will be applied
appliedto
to all the other six cases
Nearly every attorney in the city
is employed either on one side or the
other as each of the saloon men have
separate attorney Mr Stephen T
Davis and A F Byrd of the firm of
Byrd and Davis represented Mr Por
ter and E S Jouett and Judge J
Smith Hays assisted City Attorney
F H Haggard in the prosecution
The following is a list of the saloon
men that are charged with the offense
T L Hunan George Bros W G
Rice John F Nunan Robert Profitt
J W Porter Jesse S enter and
Jqnes Black < T T
i
Mn RsBpQ Pharis and Master
Johnnie flip verc iri3jexingt6n laic
i i 1 a
night >
t
2
t
5
F
I
NORTH DAKOTA
TAKES WATER
Monster Battleship Launched at Noon
Tod yLarge Crowd is r
Presentc
c sstrr
1 i
t
Quincy Mass Nov 10 Amid the
shrieking of steam whistles the flap
ping of flags and the cheers of a
crowd of invited guests and c shipyard
officials and employs the new battle
battlehip
chip North Dakota slid oft the ways I
here at noon today
As the great vessel quivered before
+ taking her first plunge into the water
Miss Mary L Benton of FargoN D
I native daughter of the state from
which the battleship takes her name
broke over her bow a bottle of cham
pagne declaring as she did so I
name thee worth Dakota
> Among the invited guests who wit
nessed the launching of the battle
ship was John Burke the newly re
JOHN BURDJ
Governor of State For Which War
ship Is Named j
elected governor of North Dakota
The launching of the North Dakota
means the introduction of a new type
of warship in the American naVy She
will be the first American allbiggun
battleship or real Dreadnought to fly
the stars and stripes
The North Dakota which is similar
In all respects to the Delaware which
is under construction at Newport
News Va will have a long forecastle
deck extending from the bow almost
to the center of the ship The ten i
twelveinch guns are arranged in five
turrets two to a turret the forward
turret being so located that the axes
of its guns are twentyfour feet above
the water line and just abaft the tur
ret is another the barbette of which
MARY F BENTON
Fargo Girt Who Christened the
North Dakota
is of sufficient height for its guns to
clear the roof of the forward turret
Abaft the bfeak of the forecastle
deck and also situated on the axis of
the ship are two more twelveincc
gun turrets the guns of the forward
turret in this pair firing over the roof
of the after turret Abaft and near
the stern is the fifth and last of the
big turrets Naval men declare that
no navy in the world possesses a ship
of the Dreadnought type in whIch the
guns are better arranged
For repelling torpedo attack the
North Dakota will carry a secondary
battery of fourteen fiveinch guns
These guns are all mounted broad
side The vessel will be driven by
turbines and is expected to attain a
maximum speed in excess of 21 knots
an hour
hourFatal
Fatal Streetcar Accident
t Montgomery Ala Nov 10 In a
itreetcar collision two negroes were
killed and four white persons injured
° tV 1 d i
r
p
4
< 0 d
h S
I
l WEATHER lf 5
Showers Tonight Probably 1
Wednesday Not Much 1 i
ro Change in Temperature t a
ATTOKNEYj KILLS t
FORMER SENATOH S
1
Edward Carmack Falls in Street Duel +
Caustic Editorials the > <
Cause
1
1
Nashville
Senator Edward Ward Carmack edf
iYJr of the Tennesseean wasshot arid I
killed in front of the Polk flats by s
Robin Cooper a son of Colonel Dun
can B Cooper Mr Carmack was
going north on Seventh avenue fit
front of the Polk flats and Colonel >
Cooper and his son Robin were ap
proaching Seventh avenue or Unions
street Soon after they came s sight
of one another the shooting egan
Robin Cooper it is said firing two51
snots and Senator Carmack one
Colonel Duncan B Cooper it is paid
drew his pistol but it is said diu not
fire Senator Carmack fell to the
ground dying instantly Robin Coop
er was shot in the right shoulder bumr
was not badly hurt
It is understood that the trouble fet
one of the results of the recent Dem
bcratic gubernatorial primary fats
which Carmack was defeated Cap
mack has since he has been editor oItI
oItl
l
EDWARD W CARM ACIC
Former Senator Who Lost Life Tit
Street Duel
the TenneSseean been quite caustic
In criticising what he called the Dem
ocratic machine and has had several <
editorials about Colonel Cooper
Within the past few days it is
said Colonel Cooper notified Car
mack that these editorial criticisms
lustcease Another editorial refer
ence to Colonel Cooper appeared fir
the Tennesseean and this is sup
posed to have been the immediate
cause of the trouble
As soon as Senator Carmack fell
on the edge of the street Colonel x t
Duncan Cooper put his arm around i
Robin Cooper and both walked a feW
feet down Seventh avenue to Dr R
G Forts office where the slight
wound in his shoulder was examined
and the wound treated Dr Fort
stated that the wound was very
slightYoung
Young Cooper later was carried to
a hospital and Colonel Cooper is held
at police headquarters He has mades1
no statement Robin Cooper is a
practicing attorneyatlawt 27 years
old and single v
r
ARMY WAR COLLEGE tJ
Is Dedicated In Presence of Distill
guished Assemblage
Washington Nov lOThe formal
opening of the army war college wags
made the occasion of simple ceremo
nies in the building dedicated to that
institution Secretary Root under
1
whose administration of the war de 5
partment the great institution for
military instruction was inaugurateS i
seven years ago General J Franklin
Bell chief of staff and General WI
M Witherspoon president of the col
lege addressed a distinguished com
pany consisting of high officials o j
the government members of thedlp
lomatic corps and officers of tut
army navy and marine corps coax
cerning the history and purposes of
the institution Secretary of Wilt
Wright and Assistant Secretary Ouu
ver were presentI
J
WOMAN BLACK tiANDc
Captured In Act of Attemptng to KJ i > c
tort 10000 From Victim
Denver Colo Nov lOA W0111 r
giving her name as Mrs H C Contf <
compelled Mrs Genevieve Chandler
Phipps divorced wife of Lawrence
Phipps the Pittsburg millionaire tcY
I take her in her automobile to a baalf
j for the purpose of getting flXKJ
I that she demanded of Mrs Phipps oa
I pain of being blown to pieces with
I dynamite At the bank Mrs Cones
I was overpowered T > y special officer f
and placed under arrestJ
j I I 7
>
r
S > I S
I

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