Newspaper Page Text
Vol. i. No. 38. Salisbury, N. O., Wednesday, September 13, !906. Wm, H. Stewart, Editor.
f OFFICE OF PUBLICATION: OUR OLD STAND, 120 WEST INNISS STREET, NEXT TO HARPER’S LIVERY STABLE TRIAL OF THE GARUTHERS. Peculiar Termination of their Trial for Fe lonious Assault. In the matter of the State vs. the Carnthers there seems to have been two indictments, one for con spiracy and one for felonious as sault. The trial for assault came first, and the evidence was strong against the young men that the jury had little trouble in agreeing upon their guilt. After they had pronounced the men guilty and it was up to the judge to pro nounce the sentence, the attorneys for the defense demurred to the pronouncement of sentence on the ground of the qualifying phrase “feloniously” being omitted from the indictment, which is specifi cally required in such documents, and that this omission rendered it of non effect. The prosecution, it appears, acknowledged that it was not in the original draft, but that it had been interlined, and that the clerk in reading it had used the word “feloniously.” Tne matter was therefore left in such shape that the force of the indictment depended upon the court, which, of course, was not permissible. To settle the matter in dispute, the bill of indictment was called for; but the document was Dot to be found, and a close search failed to reveal it. M as it non esr? Not unless it had been destroyed. But non comeatab'e it surely was, so far as the prose cution was concerned, and the whole matter went up in the air. Justice was balked and the dignity of the commonwealth was trailed in the dust. And bv what? A piece of legerdemain? Possibly, for tricks of this kind, while rare, are not altogether unknown to the \ legal profession; and that they have been resorted to in desperate Cl^es is matter of record. ]y is Pos#ble. however, that the dt^u ment *,ay have been laid dow*. loose som^here and were carried away to par^ unknown by some favorable wind-_favorable to the defense. me attorney tor the defense asked that the charge of conspira cy be included in the other and greater charge of assault, to make the punishment for the minor of fense depend upon the punishment for the other. Th-is the judge re fused emphatically. Had he con sented, it would have resulted in a mistrial on both counts and the prisoners would have been let out on bail until the next term of the court. Under the circumstances, the court did the ouly thing that re mained to be done—ordered a new trial at some future date. The case, of conspiracy was then taken up. This case developed out of the assault case, the evidence indicating a planned assault. This trial resulted in conviction, and the sentence imposed two years imprisonment for the three pris oners before the bar. Pending their incarceration the defendant attorneys will no doubt ransack heaven and earth to find means to prevent their clients be mg put on trial the second time for the same offense. Such is law and the practice thereof. . most important questions in this affair, to our mind, ake: Is the abstraction of an indifc ment a punishable offense? If Sojl will the State probe the matter trfl hod out whether there is guilt, iifl the affair, or whether it was whim of the wind or some othe* Prank of nature? In other words* are lawyers, as Caesar said his wif* must be, above suspicion? ^E * ^ * JEM ■ wnti woiin-A„y 01J„ WATCHMAN ill wood, Call do SO ,irH time before bad weather sets in/fl DEATH ON THE BAIL. Two Men Killed by the Same Train on the Same Night. Walter Whitmire, son of E. D. Whitmire, a car-repairer at Spen cer, met with a sudden and tragic death late Saturday night. He was killed by a freight train going south near Concord. He and an other young man were beatiug their way to Concord, as they had done before, where the other man lived. Both were employed by the Southern at Spencer. Whitmire’s legs were cut off, and they started with him for Sal isbury, but he died before reach ing here. J list how the accident occurred is uot definitely known, and some think that he fell off, while others believe the ante-mortem statement of deceased that he was kicked off the car by a trainman, which we are informed harmonizes with the statement of his companion. The remains were taken to Eas ley, S. C., the former home of the Whitmires, for interment. Deceased had been married but a few months, aud leaves a young wife to mourn his tragic and un timely death. The same train that killed Mr. Whitmire also killed Conductor Allisien, of Statesville, at Spar tanburg junction, S. C., the same mgnt The cause of his death is a matter of conjecture, as he was dead when found under the train, seven cars having passed over and mangled him in a frightful man ner. The supposition is that he either fell from the top of a car in motion on the track between cars, or that lie fell on the track while coupling cars, and the Spar tanburg coroner’s verdict wras in accord with this supposition. Mr. Allison was unmarried, and had been in the service of the Southern for some years. The train m his charge was an extra. Moonlight, Love and Lunches, Another moonlight picnic was mQ’lged in on the banks of South river ias^ Thursday night by fif teen coLr)]eg) chaperoned by Dr. R. L. Ramay an(j wife, and it is said to have'-,eei> a very enjoyable affair. \\ ell, plenty of Icve, interspersed wit, moonlight and dainty lunches, hoy could it be otherwise than enj^able? Oh, that we all might bei|^yayg lov ing and lovable! The aiding on the waters of the placid tver by these happy people could b, en larged sufficiently to embrace o^e world, but for the constant, irre pressible struggle for existence and supremacy. When we learn how to lay up our treasures in the human breast, one in the other, we will have no troubled waters to mar our happiness, for where our treasure is there will our heart be also. The inequalities causing some to starve while others feast, some to serve in degradation and others to lord over them in arro gance—when we do away with this condition that breeds envy and pride, oppression and rebellion, then, and not till then, will Thy kingdom come, and be evidenced by Thy will being done on earth as it is in heaven. Let us either stop offering up this prayer, or let us honestly strive for its attain SUPERIOR COURT ADJOURNS. The Mill had Too Much Grist, and Couldn’t Grind it All at This Session. The following cases have been disposed of since our last report: State vs. Edward Ford, larceny ; sentenced to twenty months on the public roads of the county. State vs. John Click and Lizzie Ward, fornication and adultery; Click sentenced to twelve months on the chain gang. State vs. John Knox and Minus Smith, assault with a deadly wea pon ; Smith not on trial, contin ued as to him ; capias as to him. Knox not guilty. State vs. W. B Kelley, larceny; sentenced to ten months hja the county roads. State vs. Charles Wilson, lar ceny; given two months in jail, with leave to the county commis sioners to hire him out. State vs. Henry William* and Annie Williams, assault vith a deadly weapon; Henry tf> the chain gang, and Annie 30 days in jail. State vs. Henry William* and Annie Williams, fornicaticji and adultery; not guilty. State vs. John Coleman,‘entic ing away employes; continued. Defendandt under $100 bo£d for appearance at November tejm. State vs. Enoch Brown, [perju ry; nol. pros, with leave. State vs. John Gibson, nuisance by swearing; judgment continued upon paymeut’of co^t-; defendant put under $25 bond to appear at November term and show that he has behaved himself. The court ajourned Saturday without disposing of more than a few of the many civil casN on the docket. The criminal docket, con tained over a hundred quaes, and consumed almost the entire ses sion of the court. WINSTON GROOM AND A ROWAN BRIDE. Miss Annie Fisher and Mr. Bernard Miller Married. The marriage of Miss Anna Lou ise, daughter of J. L. Fisher, of Landis, to Mr. Bernard Mfller, of Winston-Salem, took place in Lu ther’s Chapel church Wednesday evening at 6 o’clock. The cere mony was performed by Rev, J. L. Morgan, pastor of the bride, Mr. Alfred Miller, brother of the groom, was the best man. The attendants were John Smith and Miss Esther Fisher, Charles Da vault and Miss Etta Shulenberger, and the flower girls were Misses Ollie Fisher and Minnie Taylor, the bride and her attendants were attiied in white organdie. The church was illuminate! with can dles and decorated with ferns and cut flowers. Under the strains of Mendelssohn’s Wedding March rendered by Miss Ida Lin; , the bride entered, leaning on h' T fath er’s arm, and was met at the altar by the groom, and his rf .u j and took the vows that made then! one for life. A tempting feast was spread for the bridal party before leaving for the church. Immediately after the ceremony the couple Hook the train for Winston, theirj future home. I t A GUARANTEE, LOAN AM TRUST CO. A New Venture in the Salisbury Business World—Much Stock Subscribed, E. P. Wharton and Robert C. Hood, representing the Southern Life and Trust Co., of Greensboro, have formed a company here to be known as the Guarantee Loan, Re alty and Insurance Co., with an authorized capital of $100,000, of which $20,000 is paid in. The new company will absorb the bus iness of McCubbius & Harrison, who will manage the new enter prise. The corporators are E. P. Wharton, J. S. McCubbins, E. H. Harrison, John S. Henderson, Jas. H. RamBay, B. B. Miller, John L. Rendleman. A. Lee Smoot, Robert Hood, V. Wallace & Sohb, F. R. Brown, A. E. Davis, W. M. Har ris & Co., H. G, Tyson, R. C. Hood, W. H. Huff, E. R. Overman, Linn Bernhardt, T. G. Williamson. C. L. Hall, Rowan Hardware Co., E. J, Roseman. J. J. Stewart and Belk-Harry Co. The object of the company is to do a loan, real estate, life and fire insurance business. The insur ance companies affiliated with the Southern Life and Trust Co., of Greensboro, have accumulated a surplus above their power to use at Greensboro, and an outlet is sought here. The premiums paid for insur ance here will be reinvested here, so the town wiR receive the bene fit of such payments. The company will receive mo ney to loan, and guarantee to the lender both principal aod interest, and will accept real estate for sale or to rent. - •». „ •, \ THE “SUN” CEASES''TO'SHINE. # This Newspaper Property, and the Weekly □ Globe, in the Hands of a Receiver—Mr. Seppert’s Statement. LaBt Thursday uo doubt many of the residents of Salisbury and vicinity were sorely disappointed at the close of the clay at not re ceiving, as usual, a copy of the Salisbury Evening Sun. On the day previous the paper made uo mention of its intention to sus pend publication, and as its later issues showed signs of improve ment in both reading matter and advertising patronage, its discon tinuance was a surprise to all our people. Mr. William M. Geppert, the manager of the Sun, on Thursday filed a petition, through J. EL. Ho rah, his attorney, for the appoint ment. ot a receiver. Mr. Geppert says the Globe Pub lishing Company is in debt, that the assets are insufficient to carry on the business, and the property will be destroyed unless placed in proper hands, and that he applied for a receiver in order to protect himself and the other stockhold ers and creditors from further I loss. Mr. Geppert further said that he came here under representa tions and statements Sf H. B. Var ner, the then presidentjaud chief stockholder of the Globe Publish ing Co., and took charge of the concern, buying an interest in it, with the sincere purpose of devel oping the property and making a daily and weekly newspaper wor thy of Salisbury and vicinity; but unfortunately these representa tions did not turn nut as antici pated. “I feel very much like the fellow who bought a gold brick. My father and myself believed the statements in regard to the condi tion of the company to be correct, not supposing that other things then unknown to us would turn up in the future.” - o -n*. • Dr, Rumple, much improved, has returned from his annual, va cation, spent at Blowing Rock. FRIGHTFUL FALL FROM A TREE, Daniel Kennerly Receives Injuries that May Prove Fatal. Daniel F. Kenerly, a resident of Chestnut Hill, while in the country last Sunday climbed a tall tree on Phillip Sowers’ place, two miles east of Spencer, in attempting to get some muscadines, and fell from the tree to the ground, sus taining such injuries as may prove fatal. His left thigh was broken, left shoulder dislocated and collar bone broken, and his whole left side was badly bruised. The dis tance he fell was supposed to be about forty feet, and it is not known whether the limb broke or whether he just lost his hold that caused him to fall. He was taken to the Whitehead Stokes sanatorium for treatment, where he lies in a critical condi tion, but with the recuperative powers of youth in his favor, he being about eighteen years old. SALISBURY GRADED SCHOOL OPENS Willi a Good Attendance—List of Teach ers—Drinking Water for School Boiled. The Salisbury graded school re opened Wednesday morning with the largest enrollment it has yet had, and the number continues to increase daily. On the first day 750 pupils were enrolled, and it is expected that by the 14th, when classification ends, the number will be increased to 1000. The following is a list of the teachers for the ensuing term: • First Grade—Miss Mittie Lewis, of Goldsboro; Miss Neita Watson, of Henderson; Miss Maud Till man, of Lawrence, S. C.; Mrs. T. "E. Johnston, of Salisbury; Physi cal Director, Miss Marion Mallett, of Fayetteville. Second Grade — Misses Annie Kizer and Edna McCubbius, of Salisbury; Miss Ellen Ogburn, of Greensboro. Third Grade—Misses Sadie Da vis and Lottie Eagle, of Salisbury. Fourth Grade — Misses Jessie Lawrence and Johnsie Coit, of Salisbury. Fifth Grade — Miss Sethelle Boyd, of Barium Springs, N. C,; Misses Annie Rabe and Eugenia Harris, of Salisbury. Grammar School—Miss Flora Chapman, of Anderson, S. C.; Misses Sadie Kluttz, Eleanor Wat son, Jennie Sullivan and Salome Wilson, of Salisbury. High School—Miss Susie Saun ders, of Washington, N. C.; Mr. H. C. Reid, of Charlotte, N. C.; Mr. C. E. Betts, of Salisbury, and Mr. J. F. Webb, of Crisp. The children were dismissed at 10.45, and the regular work began the next day. A sf>w. and original system of sterilizing the school’s supply of drinking water has been inaugu rated, and it is hoped that it will prove beneficial and successful. City water will be used instead of I well water. It will pass through a submerged boiler, and thence conducted by pipes through well water to twelve spigots in the dif ferent rooms, by which process it is expected that the drinking wa tsr will be kept at the same tem perature as the well water. Pickings from St. Paul, Fodder-making is about over, cotton-picking has begun, a few farmers are sowing oats and a few others are making hay. II. C. Honbarger had a barn raising last Thursday. The sick folks of the neighbor hood are mostly improving. Of the three cases of typhoid fever two are able to be out again, M.- T. Yost has bought himself ! a cow. George Goodman wanted more “lasses”—and he raised cane and made it. Uncle Jack. SPENCER NEWS. Ground Broken for the R. R. Y. M. C. A. Building—The Southern said to be Put ting up its Fence in East Spencer. One evening last week ground was broken for the erection of the new Railroad Young Men’s Chris tian Association building, and the ceremony was participated in by representatives of the different re ligious denominations and town government and was witnessed by a large crowd of people. Under the direction of Mr. A. C. Van Campen, secretary of the association, an appropriate pro gram for the occasion was carried out. President Burton in a brief ad dress reviewed the work of the association during the past five years and its struggle to secure better quarters, which has finally been crowned with success. The money problem, however, he said, had not yet been presented to the association. Mayor Lively spoke on behalf of the town. He thanked the of ficers fox keeping up the organiza tion in Spencer, spoke of its value to the community, and urged all its citizen to support the associa tion in its work, and congratulated the officers on their successful en deavors. Rev. J. E. Gay, on behalf of the churches, spoke of the value of the association to the young men of the community. At the conclusion of each speech the speaker took' a shovelfull of earth from the building site and threw it into a cart arranged for the purpose. The Spencer Cornet Band fur nished the music for the occasion, and its performances, considering this was its initial public appear ance, were highly spoken of. THE PENCE TO BE BXJILT. Despite the fact that the citi zens of East Spencer got out an injunction to stop the railroad company from enclosing its right of way on the eastern side of the road, the company seems deter mined to erect the fence, charter rights or no charter rights. . If it carries out purpose of running the fence along the line first marked out, it will render much of the property on Railroad avenue ut terly valueless. In some cases the steps and porches of buildings will have to be removed, and renders a front outlet from many build ings impossible. The company says its purpose is to stop the thieving said to be car ried en by the residents of Sugar Springs and vicinity. On the other hand, some East Spencerians Bay the company’s object is to ruin their town for the purpose of en hancing the value of property in Spencer, where they allege the company holds land property in the hands of an agent. Since putting the above in type inquiry has elicited the fact that no fence is being built east of the right of way. The lo^ embracing the depot is being enclosed and the lumber is on the ground for enclosing the western part of the yard; but if the fence is built on the eastern side, the probability ie that it will embrace but half of the right of way, leaving Railroad avenue a fifty-foot street. THE DAILY CONCERT OFF. The concert to be given on the night of the 6th by the Daily Quar tette did not come off. The rea son is explained by the following message: Charlotte, Sept. 6. Rev. -J. E, Gay, Spencer, N. 0.: Chatauqua won’t let us off. 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