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VOL XXXVIII No b WILMINGTON N. C, JANUARY 10, 1905. S1.00 PER YEAR 0 i: i i t X If 4. 'J i LEGISLATURE City of Wilijiington May Recover Wrightsville Sound, Property BILL INTRODUCED In the Senate by Empie Providing for the Transfer of Title of the Kn campment Ground on Summer Rest to City of -Wilmington, Funds De rived from its Sale to be Used in Establishment of a Public Park. Bill Providing, for $1,000 Annual!; for Expenses of the Governor Re ported Favorably, but Referred Back to Committee Titles of Bills Introduced in Each of the Branches. (Special to The Messenger.) .Raleigh, X- CL, January 7. The fourth day of the Senate opened this (morning at 11 o'clock, with prayer by Rev. R. P. Bum pass, of the Edenton Street Meth odist church, Lieu tenant Governor Tur- ever presiding. Mr. Toms from the committee on en rolled bills reported the following bhls and resolutions properly enrolled and they were ratified: Resolutions to print 1,000 copies of the governor's message. To increase pay of jurors in Piti: county to $2.00 per day and payv mileage Favorable reports were made on the bill to allow1 the governor of North "Carolina $1,000 a year for expenses, and the bill applying- to the road law of Henderson county. " I The following- bills were introduced, and referred as indicated: S. B., 30 Beasley, of Currituck: To amend the act relating to the manufac ture of liquor, etc., in Currituck county, near certain churches. Chapter 378, laws of 1903. S. B. 31 Duls, of Mecklenburg: To permit board of education to borrow $6,000 to build a, public school house in district No. 2. On calendar. S. B., 32 Vann of Chowan: To regit late fishing and fisheries In the Albe marle and Pamlico sounds. Fish and Fisheries- S. B., 33 McLean of Scotland: To incorporate the Sanford and River Val ley Company. S. B.. 34 Grady,' of Sampson: To make punishment discretionary in cases or simple assault where indictment -s brought for assault without intent to commit rape. Judiciary S. B-, 35 Toms, of Henderson: For the relief of C. M- Pace, clerk of court of Henderson. S. B., 36 Etmpie, of New Hanover: To permit Wilmington to dispose of certain land near Wrightsville Sound, and use funds for providing a public park in Wilmington This bill provides for the cancelling of the deed to the state of the encampment ground near Wrightsville, the city of Wilmington to get the benfit from the same, as con ditions necessary to hold the land are declared to have been violated, the en campment not hav'.ng been there in twelve years. On calendar. S. B. 37 QIcCulloughof 'Bladen: For the protection of fish in certain lakes in iBladen, White, IBlack, and Spalding and the appointment'of Ralph B. Mel vin as patrol. - Onalendar. Second Reading-. S. B. 25 'Scales, of Guilford: This ' bill providing for $1,000 annually for ex penses for the Governor. Mr. Scales ex plained, that this bill was just and ab solutely necessary, as - no poor man could afford to be governor on the pres ent salary. Russell is said to have ex pended $10,000 over his salary, and that Aycock goes out $4,000 or $5,000 in debt. It is not fair to ask Governor Glenn to undergo the same but after Governor Glenn's telegram I think the best cousc in regard to this bill is to ask its re committal to the Committee on Salaries and Fees. The bill was put to a vote, and the ayes carried, the bill being re ferred back to the committee. - S. (B. 27 Toms, of Henderson: To amend the Henderson county road law, passed second and third reading. S. B. 30 iBeasleyi of Currituck: Relat ing to the manufacture of liquor near y certain churches in Currituck, passed second and third readings. S. .B. 31 duls, of Mecklenburg: To provide for borrowing $6,000 to erect a , school house in District No. 2 in Meck lenburg passed second and third read ings. S. B. 37 McCullough, of Bladen: For ' the protection of fish in certain lakes in " Bladen passed second and third read ings. - S . B. 36 Empie, of New Hanover: Providing for the transfer to Wilming ton of the title to the encampment found near Wrightsyllle, its sale and vr y r, s use ui tne iuuus ". f-vu" i""" j f "Vkin Wilmington. On motion of Mr. Vann, t'of Chowan, bill was referred to the Judiciary committee, after it had been explained by Mr. Empie, who declared the state had violated the condition and the property being bought by . th " :,i-it ld now citizens of Whmington, it should now f revert to them. Leave of absence was granted to Mr. ; Long, of Person, till Monday, and V - tr - - t M Alii rfffH . r An Invitation from Dr. Dinwiddle to the Teeislature to attend an entertaln- ment at peace Institute Monday even ing, January 16, was accepted. On motion of Mr. Odell, of Cabarrus, the Senate adjourned until 11 o'clock Monday morning. The House of Representatives. The House was called to order at 11 o'clock by Speaker Guion ftnd prayer was made by RevwDr. C. W. Tyreepf the First Baptist church of Raleigh. The .Journal of Fridays proceed ings having been read and approved the following order was had: Committee Reports. Mr. McNiheh for Judiciary Com mittee reported that the bill referred to it providing for the repeal of the law of 1903 known as the anti-jug, law, respectfully asked that it be re ferred to committee for regulating of liquor traffic. This was done. Judge Graham for Judiciary Com mittee reported back bill relating to roads in Henderson county, request ing that it be refrred to Committee on Road3 and Bridges. Bills Ratified. s Providing for printing governor's message. Increasing pay of jurors in Pitt county. Introduction of Hills. 40. Simpson: To extend .time for proof of deeds Judiciary Com mittee. 41 Warren of Jones: To-amend laws of 1389 Propositions and Griev-' ances. 42 Little: To pay tax listers of state a salary instead of fees Com mittee on Salaries and Fees. 43 Gordon of Stokes: To. allow sheriff of Stokes county to pay interest on rail road bonds. 44 McNinch: To reform the di vorce laws of North Carolina Judi ciary Committee. 45 Cofield: To amend laws of 1903 relative to fees of Justice of Peace and others of Martin county Committee on Salaries and .Fees. 46 Chesson: To restore local self government to Washington Com mittee on Counties, Cities and Towns. 47: Roddux: To fix time for levying and collecting taxes of Madison Committee on Finance. 48 Winborne: To facilitate, cheapen and promote justice in trial of actions involving title to real es tate Committee on Judiciary. 49 Simpson: To change corporate limits of Monroe Committee on Cities and Towns, . 50 Murphy: To prevent fraudu lent sales of stocks of merchandise in bulk Committee on Judiciary. 51 Cannaday: To amend Sec. 2, Art.' IX- of the constitution Commit tee on Constitutional Amendments. Passes Third Reading. S. B. 30 To include Hebrew church, Currituck county, in Act of 1903, in territory prohibiting cale of wine. The House ot 1 o'clock adjourned until Monday at 11 o'clock. THE MORSE- DODGE CASE. Charles AV. Morse Has Not Returnea from Europe The Issuance of Sub poenas for Certain Persons Denied. New :York, January 7. Charles W. Morse, the banker, did not arrive from Eurppe on the steamer Lucania today. He engaged a stateroom on the vessel and it was expected he would sail on board at Queenstown, but he failed to appear. Assistant district Attorney Garvan today said he placed no credence in the report that Mrs. Gelshenen was in New York and that she would appear before the grand jury on Monday. Mr. Garvan said "I accept the word of her lawyer and her son, that she sailed last Tuesday. We are satisfied that Mrs. Gelshenen was not a passenger on the Deutscli land today." Mr. Garvan denied a report that sub poenas had been issued for Attorneys James M. Beck and Samuel Untermyer for their appearance before the grand jury and later 'District Attorney Jer ome said that no subpoena had been issued for Charles Wl Morse. IX CARE OF THE SHERIFF. Mrs. Chadwlck is No Longer Under Jurisdiction of the United States Marshal. Cleveland, O-, January 7. Judge Wing of the United States District court today abrogated his recent order that no person should be allowed to see Mrs. Chadwick in the county jail without a written permit signed by the United States marshal. His decision places Mrs. ' Chadwlck ablutely under the Jurisdiction of the sheriff while she continues. to be con fined in the county jail,- and the latter official will have the sole authority to say .who shall or shall not see her . It is Intimated however, that the Fed eral officials may take further action to prevent this', possibly by removing Mrs. Chadwick to some other jail or prison. Congressman Swanson in Race for L Governor. ; Richmond. Vo.. January 7. Congress- man Claude A. Swanson today made formal announcement of his candidacy for the Democratic nomination for the governorship ofj Virginia. The other candidates in the field are Lieutenant Govern0r Willard and senator William H. JMannN The nomination will i;be- Dy primary. 20 INJURED Portion of Stage Setting in Metropolitan Opera - House Falls i PANIC AVERTED By Heinrich Cbnried Who Urged the Great Audience to Remain Seated and Not be Frightened None of the Principles in "Carmen Were on the Stage at the Time of the Acci dentThe Bridge in the Street Scene of Carmen, a Massive Affair of Heavy Timbers Collapsed With out Warning, Burying Several Mem- bers of the Chorus in the' Wreck -age The House Was in an Uproar , and it Was Only by Hard Work That a Panic Was Prevented. 1 New York, January 7. More than twenty members of the chorus of the Metropolitan Grand Opera Company were seriously injured tonight by the collapse of the bridge in the street scene in the the opening act of 'Carmen." None of the principals were on the stage at the time of the accident, and the uninjured members of the chorus heroically massed at the front of tha stage and sang on. In an attempt to prevent the public from learning what had happened. The curtain was rung down as soon as possible and, Heinrich Conried, the impresario, prevented a panic by urging the great audience to remain seated and not be frightened. The injured removed to hospitals were: Giovani Rossi, two fractured ribs; Wanda Adamsky, fractured ribs; Nat-J alie Cornnolis, both legs fractured; Katharine Hahn, left, hip injured and ribs bruised; Ida Robenstein, internal injuries and shock; Italio Langogari, dislocation of right shoulder; Desadoria Paccetti, right leg fractured; Vine en -zo Raggaro, fractured ribs; Giovanni; fractured ribs All have residences in this city. In addition to these twenty or tWrty more members of the chorus were pain fully hurt. . , All of the exits of the theatre wera opened immediately after the accident, but scarcely half a zen of the hand somely dressed audience left their seats. Within fifteen minutes after the crash the performance was resumed and few persons in the big theatre realized how serious the accident had been. The bridge fell ten minutes after thai first curtain was rung up and while the people were ttill crowding dow ailes to their seats. Many, even, wer? standing. Mme Arnaud was to sing "Carmen," with a cast, including Mad ame Ackle, Madame Jacobi, Dippel, Journet and Dufriehe. The opera had attracted the usual big Saturday night crowd. Vigna was conducting The opera had opened reasonably promptly. The chorus was on the stage. The ecene represented a street in Seville, witb. a bridge stretching from the guardhouse and, the cigarette makers house at the right of the stage over to the stairs, leading up to the castle at the left. This structure had done service many times. It was a massive affair, built of heavy timbers, reinforced with steel beams. ,,Most f tne one hundred and twenty members of the chorus were off the bridge at the center of th& arch gave there were twenty or thirty men and women dancing up and down the struc ture, awaiting the entree of Carmen. Without the slightest warning the bridge at the cented of the arch gave way and the ridiingand crunching of timbers being torn asunder, with the shrieks of the women drowned out the glad song ot tne cnorus, ana tne accompaniment of the orchestra. Women in the audience jumped to their feet, screaming and endeavoring to make their way out of their seats. The members of the chorus not on the bridge at the time of the accident 'did not lose their heads and immediately came closer together to screen the scene from the frightened audience. Yet the cries of the stricken women and the groans of the men buried m the debris of the bridge and almost smothered by the bodies of their fel lows who had been thrown on top ot them were heard throughout the house. Then Mr. Conreld and his stage directors ordered a quick curtain. While it was descending the men and women of the chorus turned their backs on the 'audience and plunged Into the wreckage to rescue their friends. Some had sung together for years, and many of them. were rela-. tives. For the ten or fifteen seconds necessary for the descent of the cur tain, the audience had opportunity to see something of what had happen ed. The entire house was In nn up roar. Ushers made every effortto re-. . assure the people in the floor and the balcony peats. Scarcely had the cur tain reached the stage than Mrl Cori Teid went to .the front of the stage and raising his hand, begged the au- dience to keep their places. "We nave met witn an-accidents said the Impresio with, all the cool- We have met with an -accidents Continued , on Fifth Page. HOWOR TO FOE First Meeting Between General Nogi and o 2 General Stoessel ARMY AT MUKDEN Was Not Greatly Surprised to Hear of the Fall of Port Arthur, as They Realized That the End 3lusc be Near The Meeting Between the Victorious and Vanquished Generals Occurred at the Village of Shulshi. Each General Has Warm Praise for His Rival and for the Opposing Troops Regular Russian Soldiers in Port Arthur Have Marched Out. Formal Entry of Japanese Will .be Made Today. Headquarters of the Third Japanese Army, in front of Port Arthur, Janu ary 5th, via Tien Tsin. -Trie meeting of General Nogi and General Stoessel today was as undramatlc as the con clusion of the siege. It hatd previously been arranged to take .place at noon in the single undamaged house of the village of Shuishi. This house was a miserable hovel, called Plum Tree Cottage. Through a misunderstand ing General Stoessel rode out to Port Arthur at 10 o'clock, accompanied by Colonel Reiss and two staff officers, to the Japanese lines, and missed the Japanese officer delegated to escort him to the meeting place. The gen eral rode there without an escort and waa Teceived by a junior officer who happened to be on the spot. The lat ter telephoned to-Nogi, -who -hurried his departure from headquarters and arrived at 11 o'clock, accompanied by Major General Iiichi, his chief of staff, and Colonels Yasuhura, Matsudaira and Watanabe, staff officers, and M. Kawskarin, secretary of the foreign at Tokio. General Stoessel is a large man of heavy appearance and looks like a good fighter. When Nogi, looking careworn, en tered the compound of the cottage, the two generals cordially shook hands and Nogi, through an interpreter, ex pressed his pleasure at meeting a general who had fought so bravely and gallantly for his emperor and country. General Stoessel thanked General Nogi for the pleasure of meeting the hero of the victorious army. General Nogi explained that he had received a message from his emperor asking that the greatest consideration be shown to General Stoessel and, his officers in appreciation of their splen did loyalty to their emperor and their country. Because of that wish, he added, the Russian officers would be allowed to wear their swords. General Stoessel expressed his grat itude to the Japanese Emperor for thus saving the honor of his (Stoes sel's) family and said his descendants would appreciate the thoughtful kind- ness of the emperor of Japan. The -general also expressed the gratitude of his officers and thanked Nogi for sending the message from Stoessel to Emperor Nicholas, and trasmitting his majesty's reply, which read: "I allow each officer to profit by the reserved privilege to return to Russia under the obligation not to take fur- ther part in the- present war or to share the destinies of their men. I thank you and the "brave men of the garrison for the gallant defense.'' Both generals then mutually prais ed each other and their officers for their bravery. The conversation afterwards turned on the explosion of the mine at Sun gshu mountain fort. General Stoessel said the entire garrison of the fort was killed or made prisoners. The Russian cemmander greatly praised the Japanese artillery prac tice, especially the concentrated 'ire instantaneous with the explosion of Sungshu mine. The gallant deeds of the Japanese infantry, General Stoes sel added, spoke for themselves. It was impossible to exaggerate their good qualities. The skilful work of the engineers had also won his admi ration. Continuing," General Stoessel said he had heard that General Nogi had lost both his sons and praised hi loyalty in thus sacrificing his sons, who died fighting for their empexor and country. General Nogi smilingly replied: "One of my sons gave his life at Nanshan and the other at 203 Metre Hill. Both of these positions were or the greatest Importance to the Japa nese army. I am glad that the sacri fice of my sons live had been In tne capture of sueh important positions, 1 as I. feel th sacrifices were not made J in vain. Their lives were nothing com- m vara, xneir lives were nomi pared to the objects sought. - General Stoessel then asked permit islon to present his charger to General Xogi as a token of hi appreciation j and admiration. General Nogi expressed his thanks for the Russian general's kindness, ; but said he could not accept the horse, but he continued he would accept It for the army since he considered that the Russian horses were the property of Japanese and felt he could not make General Stoessel's charger hi private property. General Nogi also promised that when the horse was handed over to him to see that lt vwas treated with the greatest klndnesar out of respect for the brave Russian general. Thereupon General Stoessel assur ed General Nogi that he admired his rigorous principles and appreciated his point of view. The Japanese commander requested General Stoessel to continue to occupy his residence at Port Artnur until ar rangements were completed for the return of himself and family to Rus sia. Referring to the burial of the dead General Nogi said the Japanese since the beginning of the miltiary opera tions had always buried the Russian dead. Those found later on would be interred at a special spot and a suitable memorial would be erected as attribute to the bravery of the Jap anese former foes. After luncheon at which both gen erals sat together a group photograph was taken at the cottage and Gen eral Stoessel remounted his charger to show the horse's good points, said good bye to General Nogi and rode back to Port Arthur. The quiet and even solemn meeting of the generals ended at about 1 o'clock. The regular Russian soldiers in Port Arthur marched out today. The only troops now in the city are the volunteers. Two fires were Parted in Port Ar thur today for which General Stoes sel apologized. He said the volun teers were unable to control the pop ulace and he desired that the Jap anese enter Port Arthur immediately to keep order. The formal entry of the Japanese army into Port Arthur has been fixed! for Sunday, January 8th. RUSSIAN TROOPS NOT SURPRISED AT PORT ARTHUR'S FALL. Mukden, January 6, via Pekin, Janu ary 7.Though the news of Port Ar thur's capitulation was first generally knpwn here today it was surmised by the Russian army January 4th from the cheering heard in the Japanese camp along the "entire line when cries, of "Banzai," were distinctly heard. The news created no surpriserbecause the army had become accustomed to the possibility of Port Arthur's fall from before the battle of Liao Yang and since. Although the deaths of Generals Fbck and Kondratenko were not pub lished here the facts regarding Fock had been accepted for six weeks and the condition of port Arthur was known throughout. While it is impossible to telegraph the tenor of opinion, yet It is evident that great events must trans pire before the end of the war is ap parent. There was an unusual cannonading yesterday along the center. It was con tinued in moderate form today. A. C. L. MAIL CAR ROBBED. Large Amount of Registered Mail Se cured by a Masked Bandit, Who Escaped With Ills Booty on .tne Outskirts of Montgomery. Montgomery, Ala., January 7. -The mail car on the Atlantic Coast Line which arrived in Montgomery at 6 o'clock this evening, was robbed about five miles east of the city. A large amount of registered mail was secured, and the bandit made his escape, drop ping off the train as it entered the out skirts of Montgomery. -Eugene Hester, the railway mail clerk, was shot through the hand. A stop was made at Wiley, six miles from (Montgomery and Hester believes the robber entered the car at that point. Shortly after leaving there Hester was ordered to throw up his hands anl turning he saw that he was covered by a pistol in the hands of a masked white man. Hester grabbed at the pistol and the robber fired, the ball going through the palm of the mail clerk's hand. Hes ter then gave in and the robber keeping him covered helped himself to the reg istered packages and when the train slowed up leaped from the car. It cannot be told at this time the amount secured but it Is believed to be large. Hargls-Marcum Damage Suit Goes to Jury. Winchester ,Ky., January 7.Testl mony and speeches ia the Hargls-Marcum damage suit were finished and the case was given to the Jury this after noon. After deliberating several hours they! reported that they were unable to agree. Judge Benton refused to discharge the jurors and placed thm in the hands of the sheriff and adjourned court until until Monday. Bishop Spalding Shows Improvement. Peoria,, I1L, January 7. Bishop Spald ing who was f stricken with paralysis last night passed an easy night. His condition is not considered, serious. Close friends of the bishop attribute his condition to overwork and worry, su perinduced by the recent public renun ciation of the Catholic church by his ward, the Marquise de Mons tiers Merin- formerly Miss Mary Caldwell. ADAMS WINS Declared to Be the Duly Elected Governor ot Colorado BY LEGISLATURE The Republican Cnmlk'.Atcs to Ail the Otlier State Officer Wert Declared Elected o Notice of Oontct Can bo Filed by Governor Prabody Vn. - til After the Inauguration or Adams, Which is Set for Next Tuesday Ap pointees of die Supreme Conrt a Finally Agreed on Are George W. Bally of Fort Call'ns and U M. Goddard of Denver Govrnor Pra hotly Almons Broke Up the Pracr Plans but Finally Was Persuaded by Close Friends to Accede to the Wishes of the Republican Lenders, Denver, Colo., January ,7. Alva Adams was tonight declared to be the duly elected governor of Colorado. The returns showed Adams 123.078; Peabo5y 21S.o04. Plurality for Adams t,774. A cheer greeted the announcement tho result of Iheelectlon hen made by Lieutenant Governor Haggott. ' The Republican candidates to all the other state offices were declared elected Under the tems of tho agreexm-tit reached today by the various factions in tho legislature, no notice of the con test can be filed by Governor Peabody until after the inauguration of M? Adams,whlch is set for 10 o'clock Tues- day morning. It has not yet been defi nitely decided by Governor Peabody whether or not he will make a contest When the . Jegia ature convened this morning, Representative William Grif fith of Cripple Creek asked for a reews until 4 o'clock In the afternoon, giv !::g his reason for ihe request that "the Inte winged dove of peace ie about to light on the dome of the capitoL" It was nine long hours before tn dove came down and many and devious had been her flights before she lit. It waa a day given over to secret cam cu3s, conferences, to proposals anl counter proposals, tl was finally agreed at Z o'clock in tho afternoon that Jhe vote should be canvassed, that Alva A Jams should be declared governor, ant that no contest should be madi for any office unt I after his inaugura tion at 10 o'clock next Tuesday morn ing. Throughout the entire struggle for the governorship the chief aim of both Democrats and Republicans has been to secure the appointment of two new judges to the Supreme court. The ques tion of whether Peabody or Adams sat in the Governor's office was a secon dary matter. The Wolcott Republicans were insistent In their demand that they be recognized In the appointment of the Judges and it was finally agreed that the appointees should be George W. Bailey, of Fort Collins and I M. Goddard, of Denver. When the Republican leaders called on Governor peabody to inform him of the conclusions they had reached and to tell him his only hope of a second term lay through a contest in the Re publican legislature, they were met by a wrathful and Indignant man. He re fused to accede to their wishes and for four hours, his friends labored with him. It was only the personal pleadings of Wme of his closest friends that final ly induced him to agree to the plan pro. posed and to send the names of Bailey and Goddard to the Senate for confir mation. On reassembling, the senators filed in the House with Lieutenant Governor Haggott leading. The Lieutenant Gov ernor mounted the speakers rostrum, where speaker Dickson- was awaiting him. The men eyed each other for a second and then Haggott with a lauga extended his band and it was cordially grasped. The Speaker stepped back and the Lieutenant Governor called the ses sion to order. He announced the pur pose of the Joint session to be the con vasslng of the vote and then gave way to he Speaker. Representative Griffith moved a re consideration of the action taken yej tc rday, the resolution creating the com mittee of fifteen was laid on the tabid and that body passed out of existence. The canvass of the vote was then be gun. ' , , ;.Vv:. The election commissioners of Denver, late last night refused to turn over to the legislative committee of fifteen ap pointed yesterday any of the ballot boxes In their possession. Today Johns M. Waldron, representing the commit tee, applied to the Supreme court for an order- on the commissioners directing: them to surrender to the committee, certain ballot boxes. ' . - . . 'The Supreme court granted tha peti tion and directed the commissioners tot deliver the ballot boxes to the com mittee with the understanding that a representative' . of the commission be present when they are opened, , V I ' J-1 - it