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The times. [volume] (Richmond, Va.) 1890-1903, March 29, 1900, Image 1

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RANGE OF TH!_Rai03II-T12--.
The range of the thermcmeter flt The
Times ofltee ywrterday was as follow^: 3
A. MV. 35: 12 M.. 40: ?. V. al.. '_; _ P. M.,
?43: 9 1\ M., 40: 12 M.. 37: average, ._._..
F.-**r*ca---_*or *nrar-?day and Frfduy:
virglnia-Gsneriilly fntr ?Mowtf-.jr an*
FrU-avs* w'.ads- mostly rreaJt nortner.y.
Nbrtrt Cisr<>ana-Fair f-'^v* **?
probatWy Friday; tresh nortft to ea<e
vnT. t=; NJO_ 43.
Argument Had as to the
Act's Conslitutionality.
Leading Lights of Virginia BarAttack
and Defend the Measure..
Dis-.utes tho Coiitcntion of tiie Cotn
inouivcaUh Tiiat liic Bill Carrics
110 Appropriation Clause antl
Holds-Cliatir This bc Truo
iheWhoIcAct Must Fall.
Thc fate of thu "Commissionor of Val?
uation Acf Is now dn Uie hands of Uie
?Supreme Court- of Ar_.ea.ls. For four
Si-urs yesterddy tho live distingm.s-hed
judges lisien-d to argument pro a_id con,
while tlio roanv lisloncrs that crowded
-Lhe spaclous room almost to suffocatdon
nvere held almost spell bound by thc
reason and eloquer.ee of some of tiie lcaa
_ng lights of the Virginia bar.
Tlie bill is scheduled as "\\. ?-?
Preston and Others, petitioner--. vs. S.
B. Witt, Judge. and Robert V. Marye, re
_-poiident?=, on a petition of a writ of pro?
hibition; W. F. Lambert vs. W. H. Smith,
Serseant, oh a petition for habeas cor
pus; McMcnamln and Others vs. XV. 11.
-\i.inn, Keeper of the Itolls. and J. H
O'Bannon. Superintendent of Public Print?
ing, on a petition for a writ of manda?
mus; and W. 11. Sale vs. A. R- Hanckel.
Judge, on a petition for a writ of manda?
mus. The question involved in all of
-these cases is the constitutionality of the
act of the last Leglslature.
The petdtioners were r.--.resented by
S-na-tor John AV. Daniel, Judge
J. D. llorsley, of Lynchburg; Col. F. L.
Smith and A*. W. Armstronaf, of Alexan?
dria: A. P. Thorn, of Norfolk; F. F.
Causey, of Humpton; Major Charies S.
earingfellow, F. W. Clvris-tian and Sena?
tor B. B. Munford, of this city.
The court-room was crowded almost to
sutTocation, and several ladies were pres?
ent, who secmingly dlsplayed as great
intorest in the arguments as any of the
noted barrlsters or others who were lis
tened to attentlvcly throughout the ses?
The court. after a conclusion of the
argument, took the case under considera?
Colonel'Francis L. Smith opened the
case for the petitioner, Mr. Lambert.
Uio reviewed the law, the reasons of Us
making, Its provisions and the inevitable
.results. Col. Smith related the occur
r*-nces following the appointment of Col.
Barlcy. commissioner of valuation for
Alexandria, his demands on Mr. Lambert
lo make a statement <is 10 the deposits
for a certain depositor ln his bank, which
<>n refusing to do. air. Lambert was ar?
rested, sentenced and imprlsoned.
Colonel Smith declared that the law
was uneonstituiional, because no recorded
vote had been taken. and was therefore,
inoperative. He stated that the law pro?
vided for appropriation from the public
trt-isurv and was inqulsitnrlal.
Atlorney-General Montague followed
Colonel Smith. His princlpa. contention
was that itfe law was not unc*-nstitutioii
al. That in no in.-tance had any appro?
priation been made or provided for. and
therefor? no recorded vote was necessary.
He said:
??The eviSence rcllcd on iby our onpo
nehis to show that thc act. the validity
of which ls quesiioned, was not passed
in thc manner required by article 10, sec?
tion 11 oi lhe Constitution of Virginia,
pro the extracts from the journals of the
?Housf of Delegates and of the Senate,
which have been -execpted to by counsel
for the Commonwealth as incompctent to
show that any formality, which was nec?
essary to the validity of the act, was
omitted. The article Just referred to pro?
vides thut:
?On tlie passage of -every act which im
posos, continues or revives any appropri?
ation of public or trust money or prop?
erty, or releases or discharges or com
mu'tes any -claim or demand of the State.
the vote shall be determined by ayes and
nocs nnd the names of the prrsons voting
for oragainst same shall be entered on
the journals of thc respectlve houses, and
a majority of a!l thc members elected'to
each house shall be necessary to give it
the force of law1.'
"Wc have put in evidence. the cnrolled
bill. duly signed by the presiding officers
of the House. and Senate, and approved
by ihe Governor, and submit to the court
without further comment or argument tne
question, whether the prcsumption as to
the act having been properiy passed
which arlses from wh.t we have shown,
ls not concluslve. The journals of the
House and Senate are silent as to the
number of members of the respective bod?
ies who voted for dr against its passage.
are silent "as to whether tlie ayes or
noes were called. and lt would, we sub?
mit, be going very far to hold that the
burden was on the person claiming the.
law to be valid to show affirniatively that
it was properiy passed, after it had re
icelved thc sanction and approval of
both houses of the Legislature and ol
the Governor. The statement in the res?
olution passed by the Senate on the Mon?
day following the passage is execpted to,
and is, we submit. not evidence of any
fact therein stated." t
Mr. Hill Carter, of Richmond, followed
Mr. Montague. He stated L-uit he felt
as if he would simply cover ihe ground
already gone over by his associate.
"I think." j-ald Mr. Carter, "that Ihis
law. -which has been so bitterly protested
against. does only. if its provisions are
followed out, make but eacfh one bear his
sOiare of the public burden. That, how?
ever, is f-omc-thlng with which thls court
has nothing to do. That bclonged to the
"The contention ls made by those who
oppose this ?ct that the incasure carrics
with lt. in two sections, an appropriation
of public tmoncy. They ask that its
fourteon provisions be crushed on thls
c__arj.e. 1 say that thls charge ls not fus
talned. The appropriation bills .passed
by tlie l-ist Leglslature provide for tho
payment of. public printing and other
"Appropriation dbes not mean." declared
Mr. Carter, "thc" iixing the amount that
t-'amild bc received. but ln the actual dis
prtsltion of funds. " Every one knows the
dlffer^nee between flxlng the sum that a
person should get and his getting it."
NeJther of these acts," dftclared Mr.
Cart.er, -"actually approprlute* and money
(which is exactly the same thing as_ to
impose or make An appropriation of
inoney) out of the public treasury.
"Tlie ninth section merely ascertains
at what rate (the exact amount even
33 not nxcd) ihe commissloner is to be
paid, and when it directs how he is to
bo paid, says he is to. be paid in the
same manfler as compensatlon is now
made to the commissloner of' the re?
venue. As tlie commissioner of the re?
venue was paid under the "general ap?
propriation bill from year to year. and
a.s the only way In which ho could be
paid was under the .provisions of this
bill, then pending and about to pass,
this languago amounts to no more than
saying that the Commissioner of Valua?
tion should be paid as provided for in
the general appropriation bill.
"But whother this view be sound or
not. the ninth section clearly does not
appropriate, set apart, any money or
fund for the payment of this commlssion.
?'Nor does the eighlh section do so
either. All they do ls to declare that
these expenses are a proper charge on
the State and that they may be payable
out of the State Treasury. No fund was
approprlatcd or even dcslgnated for tlie
payment. That was left for the future act
of the Legislature and was to be pro?
vided for by the general appropriation
Wil, in the absence of which'the auditor
would have no authority to pay out any
money under either of these sections."
"We think that the very measures rc
licd upon b>; the opponcnts of this bill
to have lt declared void, aro themselves
"ls it (hat the provisions of this act
are so clearly interdependent that. if
one section is found unconstltution.il .that
all must fall, yet this-court is asked to
declare the entire fourtcen sections un
Mr. Carler stated that no appropria?
tion was in any way made by tlie meas?
ure, and the courts could not decide that
the act was unconstitutional on that
Senator John W. Daniei rr.ade the clos.
ing argument for the petltioner.
Senator Daniei revicwed the English
struggles of the Seventeenth century.
Said hc:
"It has been a fundamental principle
perpetuated in Uie Virginia Constitution
that a record shall be kept of all votes
oh appropnations to he made from public
funds. This forinality was not obser%-ed,
and In all ihe ca_;es that have been cited
in whlclh courts have expuntrcd the un
cor_stitut.c.Kil sections. our opponcnts
have not ciud one in which such a course
was pursued, Where the fundamental prin?
ciples have been violated.
"Our Constitution says that on the pas?
sage of every act devising' or providing
for appropriations a vote of ayes and
noes shall be ? taken and recorded on
the journals of each house.
"This record must be lce.pt to show
whether the W1I was passed by a con?
stitutional majority. This is imperative.
"The act before us was still born.
It never breathed a day of life. Tho very
day on which it was alleged to have
passed, a declaration signed by two-thirds
in-ajority of the Senate declared that it
had not passed in a constitutional manner,
The Suprerne Court recognizes the dif?
ference between such cases as has
been cited and the case ln question.
Thero is -not a town in the State that
doe-s not furnish them a client.
"Tihe provisions of tliis act remove the
power of the people, and reposes it in a
central government, and allows such off
spring to supersede, .and for a longer
period exerciso those functions of the
ofllcer chosen for this very purpos.-.* by
the people. lt is passlng strange, I say
that our friends cannot see in the sec?
tions of this bill provisions for an appro.
prlation, where it speciiically states that
books and printing were to be the prop?
erty of the State. and in nc sense the
individual property of tne commissioner.
ln tlie words of ten commandments. tho
most imperative terms of the language
we read ln section Xo. 9: 'Shall be' paid
out of the treasury."
"That not an appropriation?"
Senator Daniei carefully reviewed the
language of the act, and pointcd out in?
stance after instance where appropria
(Continued on Seventh Page.)
But He Recognizes as Far as He Can
Do so Legitimately the Repubii?
can Officers in Kentucky,
WASHINGTCX, March 2S.?The Presl?
dent has informed Kentucky Republicans
that while he cannot ihterfere in Ken?
tucky affairs to the extent of disarming
the militia of either faction, he is -willing,
so far ?s he can legitimately do so, to
recognize the "Repubiican oflicials of that
State as the de facto oflicials. Ile told
them ih 'the same connection that he
would give directions that mail addressed
lo an oflicial by title only, as to "The
Governor" pr "The Seeretary of State,"
should ho delivered to the Republicans
holding those ofllces, and not to the
3*he Postmaster-General has sent the
following telegram to Postmaster Holmes
at Frankfort:
'??Replying lo your telegram, mail ad?
dressed *.o official persons by name ls to
be delivered to the persons named. Mail
addressed to State oflicials -without desig?
nation by name. is to be delivere_J to the
actual incumbents of tho oflice: the mere
fact that contest board has-given certili
cate to contestants will not justlfy de?
livery of mail of latter class to them un?
til they are lawfully inducted into offlce.
This reply Is based on your statement
that contestecs still hold the oflice.
Presidcnt's Brother Passed Throujrh
T-icliinbixl LastXijrhr.
Mr. Ahner McKinley. brother of the
President of the United States. was in
Richmond yesterday evening. He. spent
half an hour in tho city.
(Mr. McKinley and party were returning
from tho South. They were in a private
car that was attached to the regular
train that reached the city about S
CVIr. McKinley came out of his coach
and walked about' the Union Depot dur?
ing most of the time he .was here.
Virjjinia Ball Tenm to 3lcct Suwaiioe
n.iring Carnival "Week,
It was learned yesterday that tho
basc-ball team of the University of Vir?
ginia will play a series of three gameij,
with the team of the University of
Tennessee. of Suwanee, in May. Two of
these games will- bc played at the
University on Thursday and Friday, May
17th and ISth, and the third game <wlll
bo played at Broad-Street Ball Park on
Saturday, iMay 19th, and w-lll be one ? of
th? attractions of the last day of the
Carnival. ? Both tesms will. he good ones,
and an Intcre-stlng; game ls expec-<___.
Sir Alfred Milner's Mis?
sion to Bloemfontein.
Troops are Being Pushed to the Front
and Stores Collected.
Ho is Pleased on llio Manner in. Which
tbo AVar is Prbceediiig? All is Well
at aiaf-J-iiiff.Butllie Bombard
inciiti is Kept Up and tbo
I-atioiis May Have to be
A_rain lleduccil.
LONDON, March 2S.?The British High
Commissioner, Sir Alfred LMilner, arrived
at .Bloemiontein last night, and was met
by Lord Roberts and his staff.
According to a dispatch from Bloem?
fontein, published in the second edition >
of the Times, the High. Oommissioner's
visit is of a priva'te nature. It is thought
?this can scarcely be anything but an*
official subterfuge, the question of the
pacifica-ion of the Free State and the
treatment of the insurgents doubtless
being dlscussed between Lord Roberts
and Sir Alfred Milncr.
According to 'the same dispatch General.
French, previous to returning to'Bloem?
fontein, occupied tlie Hour mills near
Batter, which are considered an import?
ant acquisition.
Reports from Rouxville and other towns
say the surrender o? arms to the British
continues sdtisfactorily.
General Clements" column entered
Fauresmith Tuesday, March 27th, having
previously occupied Jagersfontein. Mag
istrates were appointed, the proclamation
was read, bands of music met the troops,
and flags were flown. The scenes resem
bled the American occupation of Porto.
K1cd towns.
Among the spectators at Fauresmith
was President Steyn's daughter. Heavy
ra?ins made General Clemen'ts' march
hard, and are causing sickness among
the troops.
A dispatch from iMaseru, Basutoland,
dated Tuesday, March -7th, says the ap?
parently reliable reports that the Boers
are re-entering Ladybrand cause the pre
sumption that the iBritish troops have
crossed;- the line of the Boer retreat to
wards Kroonstadt, and that a tight or
surrender near Ladybrand is imminent.
As Maseru dispatches are not distin?
guished for 'their accuracy, and as the
British force near Ladybrand, under
Colonel Pilcher, is quite small, nothing
very definite seems likely to result from
the operations.
Further advices from Mafeking, dated
March 16th, reiterate that all was well
there and that the cordon was not so
tigh'tiy drawn, the Bocrs allowing natives
to pass through their lines, which they
?had previously forbidden.
The native refugees are reported to be
too stu-pid and lazy to work or take cover
from the shells. They gather ln crowds
around the soup kltchens, and have to be
driven away 'when the warningibell rings.
The bombaidment just previous to the
dispatch being sent had been unusually
vigorous, and it was added that it was
probable that before long the rations
would be still further reduced.
Two Boer prisoners escaped from the
camp at SImonstown March 26th. The
sickness there is unabated, and many of
the prisoners are in a serious condition.
The only word from General Buller is
a report of the officers who have recov
ered from *wounds ahd who have re?
turned to duty, which list includes the
name of Lieutenant John Churchlll, bro?
ther of .Winston Churchlll.
A special dispatch from Bloemfontein
"The proiod of inaction is coming to
an end. Troops are being pushed to the
front and transports and stores are being
collected. The men are in grand condi?
tion and the horses aro picking up won
However, the reports regarding the im
minence of a forward movement are so
contlicting that they cannot be'taken as
dn any wav a-uthorritative.
Presiding at the annual meeting of the
Militia Rifle Assooiatlcn this evening, tlie
commander-in-cbief of the forces, Lord
AVolseley, said the qountry was to be con
gratula'ted o-i the manner in which the
war was proceeding. Great Britain, lie
pointed out, had in the field the largest
army ever sent across the seas in the
history* of the world, and composed of the
finest "men he had ever seen in any army.
Th'is satisfactory sltuatdon, he continued,
was piTimarily due to the wonderful army
system inaugurated by Lord Cardwell,
but for which it would have been in__x>s
sible for Great Britain ?to oarry on the
South Africa war, as, had.it not been for
the militia and reserves, Great Britain
would' have been in a very bad way.
Continuing Lrfrd AVolseley said nearly
nine hundred oflicers. and thirty battalions
of militia had been landed in South Afruca
since the war, that 27.000 militia had pass?
ed into the regulars since 1S87;.'SS, and
that the omodimenl of the military into
the regulars this year was successfully
carried out.
Thc Commander-in-Chief further said
that the ofllcer in charge of the embaxka.
tion testitied to tho high standing of all
who went out. all of which, he concluded,
proved tho immense value of militia vto
regular troops.
Has i-ctateii Lnrtyl_r__i.d.
STATE, Tuesday, March 2".?Command?
ant Crnwther, who eommands the
Transvaal fighting line in the,South, re?
ports that he has retaken' Ladybrand,
after the Brftish had be*;n there an hour.
He ndd's that Landrost "Vangorkum and
Field Cornet Smith fell'into the hands
of the British, of whom three were
wounded and one was made prisoner.
The Boer loss, *he declares, -was.nll.
(Continued on Second PaJge.)
Startling Statement of
Ex-Consnl Macrum.
Dispatch Published in Natal Day
After it Was Sent.
Mr. Maci'iim States That President
McKinley Was Kequeste'I to Iiitcr
veno to Settle tho Trouble Brew
i?;j in Soutli Al'rica and.
That IIc Gave au Un?
favorable Ileply.
WASHINGTON, March 2S.?Charles E.
Macrum, of East Liverpool, O., the Amer?
ican ex-consul at Pretoria, appeared be?
fore the House Foreign Affairs Commit?
tee to-day and told of the alleged indlg
nities he suffered at the hands of the
Britlsh during his Incumbency. When he
gave out his statement here some weeks
ago, declarlng that his oflicial mail had
be#n opened by British oflicials. Repre?
sentative Wheeler. of Kentucky. intro?
duced a resolution for an investigatlon.
It was subsequently arranged that the
Foreign Affairs Committee should take
the matter up of Its own motion without
any direction from the House, and Mr.
Macrum was summoned to AVashington to
iMr. Macrum Is a sllght man. about
thirty years old. He was asked by Chair?
man Hlitt to imake such state?
ment as he saw; lit regarding the
opening of his malliby the British censor.
Hc exiuUi.ned that when he asked
for a leave of absence he desired to come
home for private -business reasons and
also because he desired to place before
the "L'nited States' Government certain
facts which flie deemed it essential should
be known here. '.
He understood, he said, that the Brit?
lsh had possession of our cable cipher.
He was not certain of this, but he had
since had Information which convinced
him.tliat his suspfclons were correct.
He also desired information as to his
course when the settlement came at the
end of the war. Further, he had a pe?
tition from some American rcsidents'in
the ? Transvaal. asking that the "United
States maintain absolute neutrality,
which he' wanted to present to tho State
The petition he read to the committee.
It was signed by Gordon, the" consular
agent at Johannesburg.
Asked when he was first satit>fl?d that
his mail was being tampered with. he said
that war was declared October 12th. He
did not receive any mail between that
date and the second week In November.
Ordlnarlly he had a box o? mail every
"Did other people receive mail during
that period?" itsked air. William*, of
' '"Not that I know of," replied Mr. Ma?
Pressed for specific information ns to
how hc got the intimation that the Brit?
lsh were opening and deluying his m--.il,
he replied that when his mail did not
arrive he telegraphed our Consul at l.o
renzo Marques,. requesting him to inquire
of Cape Town why it was being deiayed.
The Consul at Uorenzo Marques replied
that he also had had no mail.
alr. Macrum said the de'ay of his mal!
created a cdnviction in his mind that the
British authorities were responsibie. The
first actual evidence he nad was the re?
ceipt of two opened letters. He produced
tlfe envelopes which he said containetl
those letters. One was from a private
citizen, addressed to the United States
Consul at Pretoria, and the other was
to him by name from Consul Stawe, at
Cape Town.
Mr. William Alden Smith. of Michigan,
interrogated the witness sharply on the
reasons for stating his belief that the
British authorities had' possossion of
the State Department's cipher.
?Mr. Macrum said he could not affirm
that ifact from actual 'knowledge, but
there were certain facts -which con
vinced him that such was the case. He
explained that on November fith he had
cahled tho State Department 1n cipher
asking for a leave of absence. That
message had gone through Durban. The
next day. November 7th. he said he
?had been Informeff a newspaper at Du_?
ban printed the fact that he had asked
for a leave of absence.
Mr. Smith was proceeding to interro
gate Mr. Macrum as to the character
of tho code used by him in this dis?
patch, especially as to whether he had
used -what was known as the. Slater
code, a common code, purchasable any
Mr. Hltt thought it improper to touch
the.matter of the code employed by
the government, but it was finally agreed
(Continued on Fifth Pagg.._
Wm. M, Branch Gets Five Years on
Second Trial for Lynching Lea
Puckett Two Years Ago.
STUART, VA., -vTarch; 28.?Special.?
The trial of W. M. Branch. ono of the
parties charged with lynching Lee Puck
etf in September, 1S9S, came up. ln" -the.
County Court here yesterday and wa3
concluded to-day. Tihe verdict of the
jury was five years in the. penttentltary.
The other flve are now ln the peniten?
tiary,"'but Branch had secured. a'new
trial. The-defer.d3nt was represented by
Judge N. -H* Ha.Irston. of Martinsv-He,;
and S..A. Thompson. of this place.* Tbe
case was submitted .to the jury wl-hout
argument. . . ' _._ ??.__-??_;
Gives an Account of the
: Tragic Happenings.
The Officer Asks the Public to Suspend
Col. Field, of Pctersbui.;, Tiiinks thc
Lyjiching ~_V_.s -[nexci-s'i blc and Says
a Few Determined Men Could
Have i-reventcd it?Crowd
; ? "Xunibcrins Not Over
Five Thousand.
EMPORIA. VA., March 2S.?Special.?
Sheriff S. W. Lee in response to *a. re?
quest from The Times sends the follow?
ing written statement of the occurrences
in connection with the tragic events here
Saturday and the occurrences and causes
that led up to them.
On February 21d George XV. Bllck was
brutally murdered in hts'house in Em?
poria, Va., and no truce of tlie murderer
could be found. The money, keys, pistol.
&C bf the murdered man were taken,
and great indignation was expressed bj?
the citizens of Emporia and surrounding
On the night of March 20th the dwelling
house of Mrs. E. A. Feebles was entered
by burgiars' and money, two gold watches
and clothing we.e taken from Mr. J. R
Grtzzard, the son-ln-law bf Mrs. Peebles.
Mr. Grizzard was aroused by, his wife
and demanded, of the robber what hs
wanted. Immediately Mr. Grizzard was
covered with a pistol in the hands of the
robber and the demand was made for
money. Mrs. Grizzard replied thut they
had no money. Mr. Grizzard was told
that if hc moved "his d-d top piece
-\ould be blown off." He wisely remain?
ed quiet and the ? robber left.
On the i.ext morning public -spirited citi?
zens of Emporia wired for a* detective
and blood hounds. (Mr. Brancfh ?-came -
from Suffolk and brought his dog. The
search commenced. The robber went east
and was traced to Arrlngdale, a station
on the Atlantic and Danville Railroad.
His breakfast was furnished him "oy 'a
negro, and while his breakfast was ore
paring the robber went to a "shack" and
divestl.. himself of his own, put on Mr.
Grizzard'.*! eloches. Arringdale is - about
fifteen miles east of Emporia. The whole
of the day of the 21st instant and much
of the night were spent in iracing the
On the morning of the 22d instant he
had been traced . from Arringdale io a
station . called "Grean Plalns," about
seven miles from Emporia. It has been
ascertained that at Green Plalns he
boarded a west-bound train on the ni-jht
of the 21st and came to Emporia.
Having reached Emporia on the night
oi the -lst InstanC he walked down the
Coast Line to "Turners" or Skippers, a
way station about five miles south of Em?
About 1:30 P. M. on the 22d, a mes..a__e
was received from Emporia by the parties
who had traced the criminal to Arring?
dale and thence back to Green Plalns,
tliat John W. Saunders and Joseph B.
V."elton had been murdered by the robber,
.-ind all parties at once returned to
Greensville to joln In pursuit of the mur?
derer. This party, with Mr. Branch and
his dog, reached Skippers about 4 o'clock
P. M. The dog was at once put on the
track and ran it for about an hour. Be?
fore the arrival of the dog Mr. J. S.
*,Vea\*er saw the murderer rapidly running.
through a pine wood. Swamps and
tnarshes prevented.immedlate pursuit. Mr.
W'eaver found a lot o? hFiids who were
cuttlng logs for G. L Vincent & Co., and
upon inquiry found out that he h-.d
traded off the coat and vest stolen from
Mr. Jack Grizzard. These were recover.
ed, brought to Eu-nporia and identlfied.
O'Grady was found and arrested about
3 o'clock ln tha evening. He stated that
he was hunting for his partner, am.
wanied to see if he had been hurt. Messrs.
Saunders, AVelton and Morrlss entered a
des:rted cabin near Skippers, thlnking
that there would be found a white tramP,
(who proved to be O'Grady), and intend?
ed _o-**earc_. him and ascertaln it he hact
upon his person any property which had
been taken from Mrs. .Feebles' house.
Upon entering the house Cotton was nod
ding before' the fire. He was awakened
bv O'Grady. Immediately arose. a pistol
was ineach hand and he commenced to
<-hoot. Mr. "tVelton fell at the tirst nre.
Mr. Saunders was struck four tlmes, and,
leaving the house, fell dea.dfat a distance
of twenty fe.-t. L'pon the arrest oi
O'Grady no violence wa3 attempted. Hc
was conveyed by a deputy to the county
jail. - ',
? About 5 o'clock it was ascertained.that
Cotton had besn seen near Emporia. head
ing north. Immediately horsemen went
-in search of the hunting crowd and the
dog. "When Emporia was reached the
hunt was resumed. About 0 o'clock P.
M. a telegram was received frnm Jar
ratt's Dapot, .ten rallos riorth of Emporia,
stating that a man, wounded in the hand,
was there. Men, worn and weary lrom
excitement and chase, Immediately re?
sumed the search, and started for Jar
ratt's. .Farmers In 'the country were
aroused." scouts sent out, and the rail?
road and bridges guarded. Every precau
tion was taken to get the murderer.
About S o'clock "A._M., on the- 23d.In?
stant, Cotton was -arfevsted t>y Mr. Moore
and carried to Stony Creek to awalt tne
arrival of the .southbound train. it-.
reached Emporia at 11:15 o'clock. was
guarded by citizens and safaly placed fn
the county jail, and ln .the cell wlth
A few qulet and conservative citizens
entered the jall.'and Cotton made a c*>n
i f ession- 'He denied that he .was the. mur?
derer. of Bllck. but IBHcICs k.y_ were.
found in his pockets. '?e wore the pants
(two.pair) of Jack Grizzard,.and had the
pistol" and two watches-of which;. Mr.
Grizzard had heen robhed. He WenUne4
O'Grady as, his accoropltce incrime. and
stated that "O'Grady had ' aelect.d th?
house to be hurglarlzed. 'He ?P-ainet }
fully how the whole nefarious work was ,
done, and turning to O'Grady. sala..^""
a bad oath and an lasultlng name. ? ?>
don't you own up?you have no longer to
llve than I have." This confession ot
crime and accusation of O'Grady as an
accomplice was made about 1 o -lo a
P M. on the 2M Instant. About 4ocioc.
P. M., on the 33d. the" military from Kicn
mond arrived. Many people werc-ln tscn
.poria from the county. and also from eU
jolnlng counties and from North Caro?
lina. The large majority were indignant
that rnilitarv should be brought to tne
county. and angry esrpressions were in?
dulged that men were brought to protect
a man" ln whose arrest none were sent
to assist. But there was no overt act? and
there had been, no attempt to offer vto
Ience to the prisouers.
On Wednesday, 21st instant, I left Em?
poria, for Southampton. and returned on
the evenim. of the 22d instant, with l.-tle
sleep and little to eat during the time.
The night of the 22d was sepnt by me lu
Emporia. When the prisoners reacned
Emporia I summoned a posse to guard
him to the jail, -where he waa safely
On the night of the 23d Instant an as
sembtage of citizens was held on _the
steps of the courthouse yard. They -were
addressed by some of our citizens. and lt
?was understood that they would separate
and go home. A citizens'^ruard of tweft
ty-five. under charge of Deputy Good?
wyn. were put around the jail. and the
soldiers retired to the courthouse for the
night. .
While in the courthouse talking witn
one of the men a negro came to the
door and called for the Sheriff. and saM:
"Here is some -whiskey sent to the Sol?
diers." One of the soldiers said: "Give
me one of them." He took it and feft
At this time Major Cutchins came up and
said: "Do not give lt to them." <l car?
ried one jug away. At about 12 o'clock
I retired. leavlng the jail in charge of
Depu'ty Goodwyn.
.1 arose early on Saturday morning and
found the military on duty. About 10
o'clock a conference was held at Judge
Gooclwyn's offlse. The result is knewn.
After days and nights of service and
excitement I -was physically exhausted
and worn out and not drunk. Rest was
needed, and I could do no more than
leave. under Deputy Goodwyn. a guard
of citizens to take charge of the pris?
oners. ;
A letter. dated Providence. R. -V,
March 26. 19C0, and written by a gentle?
man who lived for many years ln Scot
land Neck, N. C, reads as follows:
Ono thing causes my writing sooner
than I otherwise should was seeing
account of lynching lc your town on the
24th instant bf Walter Cotton-. Cod for
bid that I should rejolce at the death
of any person, but I feel relieved at
hearing that this miserable boy was
overtaken. -I am well acqualnted with
the boy. He was raised on my farm to
the age of fifteen years. His mother
raised a. family of four children, he be?
ing the youngest of them. He was so
bad that his mother, Rosa Cotton, gave
Walter to me at about the age of
eight years. I kept him about seven
years, and' he*- broke Into Edmundson
and Jasev's store, in Scotland Neck. and
took money and goods. He- was appre
hended. tried and sent to prison for
twenty months. and came. back at the
end of his term. In a very short time
he broke into Mr. Shield's store and took
about .260. He was agaln caught and
sent to prison for three years. When
he came back be stabbed a man and ran
away and could not be overtaken.
The next I heard of him he had killed
a man ln Portsmouth. Va.. and was con?
victed and senteneed to be hanged on the
17th of last (November. I was ln Nor?
folk on the Oth of October. and went
over to see the boy. I asked him how
he felt nver his conviction. His answer
was: "It don't make a d-d blt of dif?
ference to me what they do with me.".
I asked him some questions and left.
Of all boys. or men either, as far as
that goes, he was the worst I ever
tackled ln all my deallngs with negroes
I respeetfully ask that an Impartlal
public suspend judgment so far as my
conducf is conceimed and not execute
lynch law upon my character until they
are fully informed as to facts.
On Saturday. the-2lth instant. some
conservative citizens pleadeA for the life
of O'Gradv. There are none here now
who doubt his guilt or who would: re
' "^Continued on Second Page.)
Three Directors Said to Represent
the Pennsylvania and Three
the Vanderbilts.
NEW YORK, March 2S.?At a meeting
held in this .city to-day the Board of
Directors" of the Chesapeake and Oh o
Railway was reorgaplzed, presumably in
the interest of the Pennsylvanla.. and the
Vanderbilts, by the electlon of .?? JM
iowing as directors: S. M- Preyost,
Samuel Rea. N. H. Parker ???*?*?.
Chau'ncey.M. Depew, H. McKay Two
blev, and H. -fc Hayden.
The three flrst named are said to repre
-.ent the Pennsylvanla and the three lat?
ter tho Vanderbilts. The other directors
are G W. Stevens (president), Decatur
Axtell, and iH. T. Wickham.
P.umors have been In cJrcuIatiton for
severai days regarding a 9???* ?"
terrsion. of the Chesapeake and Ohio and
including the acqui-1-.o.*. of the Toledo
and Ohio Central and Kanawha and
Mlchigan Central Railroads. Presldent
Caloway. of the New York Central. when
asked to-day about these reports. said;
"There Is not a word of truth ln tt. A
m-.JQT.-y of the stock of the Chesapeake
and Ohio ls owned hy the -New YorK
?Central <and Pennsylvania Railways. and
there are to be no estens-c-ris. The Chesa?
peake and Ohio "s now in a poaUIon
-where the other two roads named has a
close interest in Rs. poiicy and manage
,m-nt. and It will not figure ln any out
sido deafcs. The fact that tha Chesapeake
and Ohio ls a natural feeder as ?welr-as
an outlet ot the ?-S Four system. made
it necessary that the Vanderbilts should
have a voice in Its manage-nent."
Another influentlal ofllcer ln the Vaa
derb-tt system said:
'"The time has gone By for the Chesa?
peake and Ohio system to be used in any
ne-w deals. It Is the property of the
Vanderbilts and the Pennsylvanla, and a
majority ot thew.oek La put away whare
specula-ors cannot reach lt. Undoubte-Hy
su___ traffic. alHances as the Chesapeaue
aad O-Mo has, which. are of advantage,
?wil.Vbe m'aintalned and strehgthened."
The; "Chesapeake. and Ohio' runs from
Newpefrt News to CJne_r-na_i, and it l?
composed of a number of subordinate
lines. including: the Eiizabeth, Lexingtoa
and Big Sandy: Vthe. Qhio and Bi_r Sandy
River, the "Kenttjckj.Vand South Atlantic,
and the YirgInf_.:_-.lcO-.'nd. There has also
beea close traffic. feiation* between V,e
Chesapeake and QMo aad ?*? 'atammm&a.
?a_i ____oW??-_, '
Convict Escapes From
Penitentiary Guards.
Pursued and Pursuers m Livefy Racs
But Hawkins Won Liberty.
Memories of a Tci- Year Sentence aud
? Fears orAnother'Xcrm Only Ser-red
to Spar Him mi in His Wild
D__sh l'or Frcedou. and Leave
His Former Captors ia
thc Luruli.
Richard Hawkins. a cotored prisoner,
escaped from the -penitentiary Guard*
C. A. Birdlng and E. A. Haynes. last
nlght at the Chesapeake and Ohio De?
pot, ar.d has not been reeaptured. . Bird?
lng. who had been sent to Portsmoir-l
afttr six prisoners, returned with _hem>
oa the train which reached the city last
evening at 6:50 o'clock.
He was met at tho train by Haynes,
and both guards were in charge of tho
prisoners when Hawkins escaped. Tho
Irons were on all the men when they
were taken from. the second-class car,
and were being marched down. the plat?
form single rile, Birdlng leading and
Haynes bringlng up the rear.
Just as the column reached the mld'dlo
of the car Hawkins brok** the lrons on
his- wrists and made a dant under lha
car. _ .
Once on the other side he ran uow*
the track and thence out Marshall Street.
At the time the negro- made the dash
for freedom there were many persons
at the statlon. and the fuglttve was pur?
sued some distance, but no 'trace of him.
was found.
' Several guards of the penitentiary, as?
sisted by the police offlcers, corttlnued,
the search through the night, but Haw?
kins was not captured.
Hawkins was under sentence of seven
years* for b-irglary committed tn Ports?
mouth. Only a few months ago ho was
discharged from the penitentiary, having
served a term of tent years.
The Tramp Ship Essex in Hampton
Koads?The Vidar Floated.
NORFOLK, VA.. Mu_-*.h 23.?Special.? '
The -or.diuon of Generall E-gar Allan.
who has been ill here: is much better to
day. Dr. Souithgate, his phys-cian. be
lieves that he will be upon the street
?within a week.
The trainlng-ship Essex has arrived at
Hampton Roads from a Mediterranean
?winter cruise. * She touched last at Havana;
113 naval cadet3 are aboard. She wlll re
paiir here.
Managers Thoim__3 __ea_h and Jake We_I_.
contemplate biiildlng a vaudeville theatre
here. Several sltes have been examined
by thera.
The British steamer Arfostto. a_" she
lies ashore at Ocracoke. was sold to-day
at auction for $305. She cost J__O,0?O.
The Norwegian steamer Vidar, which
went ashoro near Cape Henry Monday,
was haulded off 'to-day by the Lucken
bachs. antl came ro Norfolk under her
own steam. She apipears unhurt. The>
tugs. It ls stated, wqre paid J3.0CO for one
day's work.
Mr. Ephraim Mathias, candidate for
keeper of the cemeteries at P_fr:smouth
at the May election, ls dead after an ill?
ness of six weeks. ;_
Admiral Rogers, Constructor Cappa,
Commander Hemphill and Lieutenant
Commander Henderson. comr>oslng a
board of Inspection and _-urvey. are ascer
taining the condition of all the vessels at
the Norfolk Navy Y_.nl.
The trial of rhe Kcarsarge. set for April
3d. has, it is reported. been expediate-,
and will occur to-morrow.
Dr. McGnlre a Little Wnrs.?.
The condition of Dr. Hunter McUuira
was somewhat unfavor'.ble afa late hour
last night, and it 13 now reared jha: his
condition may grow worse. At a". e-it-ly
ihour thisi mornlns he was resttng qmct
?Commissioners bf Valuation act be?
fore Supreme Court.
?Howltzers going to Louisville.
?Abuer McKlnley passes through
?C'niversity team to play a series ot
games wlth club from University of the
?Popular county clerk IU in Richmond.
?The Elks elect offlcers.
?Plans of the Passenger and Power
?Meetings of political clubs.
?Richard Hawkins a negro convict.
breaks his manacles and escapes from
penitentiary guards.
?"Warren Brown, pjominent youn_r
man. acquitted at Christlansburs of
stealing a pair of steers from Rev. D. C
?Nathaniel Peoptes sentenccrt for two
yetft-s at Bristol for the murder of Ste?
phen Elliott.
?Nottoway Democrats endorse plan of
nomfnatins candidates for both short and
regular term, and endorse La_?lter for
?Sheriff Lee tetl3 The Tlmes hla.verslon
of the tragic events at Emporia Friday
and Saturday- '? , _ . , . ?,
?The negro Morton. on trial for his life
at Houston. Va.. ln the hands of the
jury. who wiil render their verdict thls
m?Mrs Wyatt. whos-r husband "Walter
Cotton' killed, gives Mr. Moore. the
negro's captor, a set of sdver spoons.
?Mr. Mi-cran- 8ays. before Jforeism A(
falra C-mmf e*. that the "Rritlah nad
possesslon of our cipher code.
?Warrants issued for more prominent
ReDUbltcans la Kentucky.
-President McKlnlev wUlins to recogw
niao Republlcana as d# facto offlciais at
K?Roard 'of Directors of Chesapeake and
Ohio reorganiaed yesterday.
?General Joubert ls dead.*
?Troubit- between Russia and Japan
fat Korea ls immlnent
?Roberta has commenced his advance;
by send'lnE 10,000 troops north of Bloem
'?i!aTrn*AI?red Mllner ln capital ot Vs?
S -MaXeklaa. ittU balds* out.

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