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THE BIRMINGHAM AGE-HERALD. VOL. 30 BIRMINGHAM, ALABAMA, FRIDAY, JUNE 19, 1903 NO. 43 CONVICTION IN JETT-WHITE SEEMS ALMOST IMPOSSIBLE I — _____ Jurors Go to Bed With Lit tle Chance of Reach ing a Verdict GREAT CROWD INTENSELY EAGER TO LEARN VIRDICT In His Concluding Argument Attorney Byrd Makes Powerful Attack on Leaders of Lawlessness in Breathitt County. Jackson, Ky.. June 18.—As expected here the Jury In the case of Curtis Jett and Thomas White, charged with murdering J. B. Marcum, has been unable to agree upon a verdict. The case has been in the hands of the Jury all afternoon and to night it is stated that at least two Jurors are holding out for conviction, while the others are divided, most of them favoring acquittal. The jurors went to bed early and there will be no report before to morrow. As the Jury retired an hour be fore dinner, It Is thought that the first ballot was taken before luncheon and there are conflicting reports as to the number of ballots taken during the after noon and night and as to how they stood. During this suspense there has been In tense anxiety about the court house and throughout the town In discussing what might follow either a verdict of guilty or of acquittal or of a compromise on Im prisonment, but the indications are that the Jury will finally agree to report that it has disagreed and ask to be discharged. All hope of conviction seemed to be given up here tonight. Will Be No Conviction. The friends of the prisoners are as con fident as ever tonight that there will be no conviction and they are even hope ful of acquittal, but the general impres sion is that there will be no verdict at all and It Is claimed In that event that there Is no such probability of bloodshed and further acts of arson as there would be in the event of conviction. It Is, however, not expected that the prosecution for the murder of Marcum and others will stop with this jury. Although court has ben in session some weeks at great expense to the county and also to the comonwealth on account of the troops. It is believed that State Inspector Hines 'frill make such'a report to the governor as to secure other trials under different conditions. The next trials will likely be held by another Judge and the Jurors drawn up by different officials. The friends of the late Dr. Cox and of other victims refused to call witnesses before the grand jury that Indicted Jett and White, stating that they had no confi dence In the trials that would follow un der existing local conditions. No Confidence In Jury. They expressed lack of confidence In my Jury drawn In Breathitt county at present, and many tonight are testifying to their prudence. It is remarked, how ever, that the general exodus that is ex pected will take away many of those who might otherwise be depended on as wit nesses and Jurors. It is not likely that the county will find soon another such witness as B. J. Ewen, who has removed to Lexington, or another Buch prosecutor as Commonwealth's Attorney Byrd, who expects to locate at Winchester. Ky. There are some who even expect more se rious trouble after the exodus when the troops are withdrawn. Business was practically suspended to day as yesteday. With crowds about town there is considerable carousing, al though the provost marshal with troops as police Is attempting to keep the "blind tigers" closed. The reign of terror still continues with all sorts o{ apprehension as to the future. The members of the Hargis faction were almost Jubilant tonight over the un official reports from the Jury room. It was claimed confidently that ten of the lurors were firmly for acquittal, and that the other two would be induced to Join "W In a verdict of acquittal. It is mentioned that all of the men brought In for the panel from which the Jurors were selected were brought In by deputies or elisors who are connected with the dominant faction, and they can be depended upon for the result that is now anticipated. Another Circus Crowd. There was another “circus crowd" here today to hear the closing arguments in the case of Curtis Jett and Thomas White, on trial for the murder of James B. Mar turn. The pleadings of Judge B. F. French, John D. O'Neal and B. B. Golden for the defense and of Capt. Wtlliam L. Hurst and Thomas Marcum for the prosecution yesterday and last night had attracted so much attention that all wanted to hear Commonwealth Attorney Byrd close the rase this morning. The mothers of the defendants, widows of feud victims and other ladles were igain present. While all men entering the court room were searched every day for concealed weapons, extra precautions were taken today by the soldiers, as there ire grave apprehensions as to what may happen with such a crowd in town after the trial is concluded. If it Is a hung lury, it Is stated that Governor Beckham, who has State Inspector Hines here look ing on, will not have the next tirals in Breathitt county, nor will Judge Redwtne lit In other cases. Inspector Hines came Dack to investigate the attempt to bribe Witness Ewen. Ewen had five witnesses to the attempt to bribe and threats of issassinatlon and the destruction of his property. Newspaper Men In Danger. There are grave fears today for some jewspaper men. Two correspondents left resterday and their papers have sent new nen so they will not be known to the as iasslns. It Is dangerous for one man to 'emaln here long If his paper has a clr lulation In the town. When court convened today B. B. Jolden concluded for the defense and Commonwealth Attorney Byrd made his irgument, which was pronounced by at orneys as most convincing. Byrd has a pputatlon as a fearless prosecutor. When his case opened he announced that he iroposed to do his duty. It mattering not vho was hurt. Byrd has purchased him i home In Winchester, Ky.. and Is pre lanng to remove his family to that place -■ soon aa these cases are over. Byrd MAN SAW INCENDIARY AND AFRAID TO STAY AT HOME Lexington, Ky., June 18.—The Herald has received the following letter from Mr. Haddlcks, the man who testified in the arson case to seeing certain named parties leaving Capt. Ewen’s house Just before the tire broke out last Sunday morning. It Is apparently written in his own handwriting and is a pathetic testi monial to the terrific state of affairs in Jackson, Ky.: “Jackson, June 123. “To the Morning Herald, Lexington, Ky. "Dear sir: I will call your attention to the fact about the matter about the burning of B. J. Ewen's house on the 12th of June, 1903. I left the house next door to B. J. Ewen’* hotel and I saw one of the party come out of the gate In front of the Ewen building a few minutes before the alarm of fire. He walked away from the gate, went down the railroad and ever since I have been afraid to stay at home. The second night after the burning, two men came to my house, carrying something in their hands. Their friends say if I tell on the guilty party I will go the same way Ewen or Marcum did. I lived in the miner’s camp ana every other miner knows the same that I know if they would tell it. But they are afraid their houses will be burned by —'s friends. I remain yours, "Gray Hadicks.” PEONAGE SAID TO EXIST IN PARTS OF GEORGIA Macon, Ga., June 18.In the United States Circuit court today Judge Emory Speer in his charge to the federal grand jury sprung a surprise. He called attention to the fact that It had been charged that a system of peonage existed in certain parts of the southern district of Georgia. He quoted article I, paragraph 21, con sctitution of Georgia, which provides "there shall be no Imprisonment for debt,” and that the constitution of the United States provides that neither slavery, nor involuntary servitude, except as a punish ment for crime, whereof the party shall have been duly convicted, shall exist in the United States or any place subject to this Jurisdiction. He called the attention of the jury to a case presented to him, where an employee left an employer and engaged with another, and the first em ployer and others armed themselvs, took the employee while at work, tied him, carried him back to his former employer's place, whipped him, forced him to work and he is now being held practically in servitude. He charged the Jury to make diligent Inquiry, and if it found the state ment true, it was its duty to return an indictment against the guilty parties. Wm. V. Shy, Robert F. Turner and Ar ttypr Glawson. farmers of Jasper county, were araigned tonight before a United States commlsioner on a warant issued by the United States court, charging them with forcibly deporting Wm. Wal ters, a negro farm hand from a plantation in Jones county, to Jasper, whipping and otherwise misusing him. The three de fendants were held in $1,000 bail to an swer. Each gave bond. RUSSIA WILLING TO PETER'S REIGN ITS REPRESENTATIVE HAS BEEN INSTRUCTED TO RESUME RELA TIONS WITH THE GOVERNMENT OF SERVIA. Belgrade, June 18.—Russia has Instruct ed Its representative to resume diplo matic relations with the Servian govern ment. It Is said that the Czar's telegram of congratulation omitted to reprehend the assassins by an arrangement between the Czar and Emperor of Austria that the latter being the older monarch should administer the lesson. King Peter has already assumed the reins of government by directing that all Important matters should be referred to him at Geneva. An unfounded rumor that King Peter has been assassinated caused great con sternation today. spoke of how Ewen had to be protected by soldiers, fearing that he would be as sassinated if he ventured from his home unprotected; how he had been forced to remain under the protection of the sold iers since the trial. The defense objected frequently to his statements and in some instances was sustained and the prosecu tor reprimanded by the judge. O'Neal again objected to a statement of Byrd, that a motion had been made to dismiss the Jury which was sustained and Byrd proceeded. The case will go to the Jury about noon. Assassins Denounced. Byrd asked the Jury to be willing if necessary to make the same sacrifice that Captain Ewen had made for Justice. Rais ing his hand aloft and shaking it threat ingly toward two proiment men who sat in court, he said: “1 want to give warning to you and all of your followers that your blood-thirsty duels must stop in Breathitt county. I leave this county and its people. God knows they have suffered enough. Goa knows the day has got to come when the arch-assassins, the men who are the con trolling powers behind the Jetts and Whites, will be exposed to the world and either 3ent to prison or to the noose.” With clenched fists and shaking with emotion, Byrd walked toward the Jury and said: “Gentlemen, you are on trial as well as Jett and Whites, and you must an swer to the bar of public opinion as well as to the bar of the Breathit Criminal court. You've got to do your duty or be pilloried by public opinion.” Byrd followed the testimony with mer ciless precision and lauded Ewan as a man, the superior of whom in manhood does not live. He was fierce in his denuncia tion of certain witnesses.' Mr. Byrd said in referring to the tes timony of County Judge Hargis: Hargis Severely Criticized. “That man is not only trying to protect his nephew, Jett, from the gallows, but he is trying to protect his own name by preventing the conviction of Jett. Say to me that because a man holds a position he must be believed? I say no. Because Hargis is county Judge and owns the big red store across the way, does not mean that he will always withstand tempta tion or be entitled to any more credit than the little boy Back, who came here with the truthfulness of childhood and told you the story of the murder.” In conclusion he said: Ewen a Brave Man. "Ewtn has told you the truth. He has faced death to do It. He has not lied to save himself, but fearlessly and boldly he has looked death In the face and done his duty to his county. "If Jett has killed the man whom he says was his friend, what would he do for those who have come Into this court room to testify against him? If a verdict of not guilty be rendered, and those men turned loose, there will be turned upon this county a deluge of death and assasl natlon. You cannot release these men to continue their unholy war against the lives and peace of this community. To protect this beautiful county and wipe from Its garments the stain of blood, you must cut off these two members of society that life In the community may continue." Mr. Byrd finished most impressively. He branded Hargis and Callahan as cow ards and said their testimony showed skllfull tissue of falsehood from begin ning to end. Jett was visibly moved. Tears were In his eyes when Byrd closed and he was trembling like a leaf. Mr. Byrd was congratulated on his ef forts. Soldiers are posted at every point In the court house and extra precautions FREE TRADE FI f WORRIES BRITAIN FURTHER CONSIDERATION OF THE IRISH LAND BILL HAS BEEN POSTPONED UNTIL JUNE 29— ANOTHER CONVENTION. London, June 19.—Further consideration of the Irish land bill has been postponed until June 29.—There is some talk of convening another Irish convention to consider the future attitude of the na tionalist party towards the bill. The Dally Mail understands that the govern ment has threatened to withdraw the measure unless some agreement Is arrived at with the Irish party on the vital points. The free trade against protection fight Is beginning to become active, both In side and outside parliament. Both sides are organizing their forces. Several ques tlons and motions have been put on the paper In the house of commons with a view to extracting Information from the ministers and a large section of liberals deprecates Sir Henry Campbell-Banner man's reluctance to move a vote of cen sure which they regard as the only means of securing a full and unrestricted ex pression on the subject In the house. The liberal papers this morning point to the enormous suecess of the socialist party at the German elections as the direct re sult of the workingmen's dissatisfaction with protection and dear food. are taken to prevent any outbreak when the Jury returns a veydlct. Apprehension is expected today that trouble would come at this time, as relations are des perately strained. Ewen Will Go to Frankfort. Lexington, Ky., June 18.—Capt. Ewen announced today that on the advice ot friends he would go to Frankfort as soon as the Jackson Jury returned a verdict and lay all the facts before Governor Beckham. He would not give out what he would tell Governor Beckham. Men close to him say It will reflect on men blgh In official life In Breathitt county and may form the basis of warrants for bribery. INDIANSOPENFIRE ON 0. S. MARSHALS DESPERATE BATTLE BETWEEN OFFICERS AND FULL-BLOOD CHEROKEES, IN WHICH RED SKINS COME OUT VICTORIOUS. Dalas, Tex., June 18.—A special to the News from Vlnlta, I. T., says: A desperate battle took place between four deputy United States marshals and a band o£ full blood Cherokee Indians In the Spoolak Hills near the headquarters ot Ketoowaha at an early hour this morn ing. Deputy Marshall 1. L. Ullstrap and C. \V. Biggurs, accompanied by J. H. Hier and Vaden Wycket, surrounded the home of Uuarley Wyckliffe In an attempt to arrest Wyckliffe and three other full bloods on warrant for assault with Intent to kill. The Indians were not at home and after searching the premises thoroughly the officers started away and Vaden Wickett went out of the yard some dis tance when he was fired on by the Indl I ers In the brush. The officers returned the Are and a lively conflict followed and about 100 shots were exchang'd at long range. Vaden Wicket was shot In the arm and seriously wounded and the officers re turned and left the full bloods masters I of the situation. The officers were un | able to state whether any of the Indians were shot or not, but thought they were. ♦ ♦ ♦ ANOTHER DECLINE IN ♦ ♦ NORTHERN PIG IRON ♦ ♦ - ♦ ♦ New York. June 18.—Another de- ♦ ♦ cllne In the quoted price for Nor- ♦ ♦ them pig Iron was reported today, ♦ +- the average loss being about 60c a ♦ ♦ ton. Prices for Southern pig Iron ♦ ♦ were not changed. Northern No. 1 ♦ ♦ iron Is now quoted at an average of ♦ ♦ $19.75 per ton as against $24.25 last ♦ ♦ April. A year ago the prices was ♦ ♦ $19.60. J ■» Ill INVESTIGATE ! CLBCKCONTRACTS Agreement Willi lundy Co, Not Legally Authorized POLITICAL PULL EVIDENT •4 Fourth Assistant Postmaster General Bristow Trying to Find Out How Four-Year-Contract Was Exe cuted at High Prices. BY WATTERSON STEALEY. Washington, D. C., June IS.—(Special.)— Charges to the effect that the present contract with the Bundy Time Clock com pany of Binghamton, N. Y., was executed without legal authority have been filed with Postmaster General Payne, and while the Inspectors are busy in New York and elsewhere looking Into the methods by which it is alleged clerks and carriers combined to fraudulently register their time, Fourth Assistant Postmaster General Bristow Is trying to find out why a four-year contract with the Bundy company was suddenly executed In March, 1903, in the face of a favorable report on the Dey time register made in Syracuse, N. Y„ when, up to that date, the department had simply extended Its contract with the Bundy company from year to year. He woul^ also like to know If it Is true, as has been stated, that Bundy clocks were sold to private firms in this city for much less than the price charged the postofflce department. It ia rumored that as a result of this investi gation Mr. Bristow will recommend that the department dispense with the use of the clock altogether. The Bundy Clock. The Bundy clock is operated by means of keys, the time being recorded on a long piece of tape. It Is said the keys cost 50 cents a piece and each carrier is required to have three or four of them, which have to be replaced frequently, as the metal la so soft they easily wear out. The time is assembled by time clerks. The Dey register is operated by a lever and the clock assembles the time mechan ically. Postmaster General Payne has referred to Fourth Assistant Postmaster General Bristow a letter from N. H. Baker, rep resenting the Dey Tithe Register com pany, in which Mr. Baker does not mince terms In referring to George W. Beavers, late superintendent of salaries and allow ances, or to John Masten, formerly chief clerk to the first assistant postmaster general, it is said that Benivers secured Masten his place as chief clerk because the two had become very intimate in the Brooklyn, New York, postofflce when they were employed there, but that they had a disagreement and their relations were not so pleasant during the last few months of Mr. Masten's incumbency. First Assistant Postmaster General Wynne had Masten transferred from his position as chief clerk as soon as he as sumed office and Beavers resigned at the commencement of the investigation which is now going on. In his letter to the postmaster general Mr. Baker alleges that Mr. Robert B. Brown, Jr., who Is associated with the law firm of former Senator John M. Thurston, brought one of the Dey clocks to Washington In September, 1901, and that Mr. Masten directed Postmaster Merritt of Washington to give it a trial. He did so and he. the chief timekeeper, and the superintendent of the delivery made a highly favorable report. Up to this time the contract had been simply extended from year to year, but when the report on the Dey clock was received the situation changed and while Masten was acting first assistant postmaster gen eral in the absence of then First Assistant Postmaster General Johnson he executed a four year contract with the Bundy company. Mr. Baker Quotes the Law. Mr. Baker points out that the law reads "the postmaster may, if the good of the service requires it, enter Into four years contracts for supplies for the delivery ser vice." He comments on this In very caustic language, saying: "The gentle men who were responsible for tihs con tract will lose all their teeth and their tongues will wear out In attempting to show the public that there was a neces sity for it. If the contract had been made under ordinary circumstances for four years without advertising, without com pensation, and without the public neces sity which the law requires, the act would have been absolutely indefensible. But when It was made In the face of a favor able report of officials of your depart ment on another device the responsible party Is either a knave or incompetent and should be dismissed from the department at once. The public Is at liberty to draw Its own conclusions as to the motives that actuated a high official In filing away Postmaster Merritt's report and rushing headlong into a four year contract when, for the past several years the department had simply extended the clock contract from year to year. It Is said that considerable stock In the Bundy company is held by prominent New York politicians who from time to time, have visited the department on matters connected with this contract. Postmaster General Payne has stated that under the contract enough clocks have been pur chased already to supply the department for several years to come. He has In formed Mr. Baker that the matter has been referred to the fourth assistant post master general for Investigation. RECONCILIATION DENIED. Ramsey Knows of No Meeting to Es tablish Harmony. St. Louis, June 18.—President Joseph Ramsey, Jr., of the Wabash Railroad company, when shown a dispatch from New York city concerning the reported negotiations looking to a reconciliation between Gould and Pennsylvania inter ests, denied the existence of any differ ences between the Wabash and Pennsyl vania railroads, and said to the Associated Press: “I know of no meeting called for the purpose stated in the dispatches. If such a meeting was held or is contem plated. it was arranged for since I left New York. As to the differences between the Wabash and Pennsylvania railroads, there are none. All crossing difficulties between the two roads have been settled and the entrance into Pittsburg of the Wabash provided for." COURTS CAN’T STOP WORK ON WARSHIP GALVESTON Interesting Clash Between Navy Department anil Judge in Richmond Chanceiy NAVAL CONSTRUCTORS ARE ENJOINED FROM WORKING If Order of Judge Is Carried Out the Warship Can’t be Launched Mon day— Secretary Moody Will Stand No Interference. Richmond, Va.. June 18.-Judge Grin nan of the Richmond Chanery court to day granted an Injunction restraining Lieutenant Thless and Grolsdeck, of the United States Navy, from proceeding fur ther towards the launching of the cruiser Galveston, under construction In the Trigg ship yards here. The Injunction was granted on petition of S. H. Hawes and company of this city, supply creditors of the Trigg company, now In the hands of a receiver and re strains the government officials and all other persons from In any way Interfer ing with any of the property of the Trigg company yards under control of Lll burn T. Meyers, the receiver, and especi ally the cruiser Galveston and the dredge Benyard, under construction for the gov ernment. Lieutenant Thelss and Groes deck were sent here by the navy depart ment to superintend the launching of the Galveston which It was the intention of the department to send to the Norfolk yard for completion. All preparations had been made for the launching of the vessel Monday next. NAVY DEPARTMENT WILL NOT STAND INTERFERENCE. Washington, June 18.—It Is stated here that proper respect will be shown the mandate of the courts so long as they keep within their jurisdiction, but that the navy department cannot submit to any Interference with Its rights. The cruiser Galveston at Richmond. It was added, would be launched when ready. Secretary Moody Is not at all disposed to act hastily regarding the Galveston, but Indefinite delay upon the construction of that vessel, In the event of an Interna tional emergency might prove a grave matter and the department, therefore, feels bound to proceed with the work as rapidly as possible. It Is hoped that the vessel wilt be In condition for launch ing next Monday afternoon. Secretary Moody was Informed tonight of the action of the Richmond court re straining the government from further work on the Galveston, but declined to talk on the subject until after the con ferences to be held tomorrow with the President and the attorney general. At torney General Knox was unwilling to be quoted In the matter until his opinion, ren dered to the President as to the jurisdic tion of the government over the Galves ton, has been made public. It can be stat ed, however, that the attorney general regards as eminently well taken the con tention advanced by Rear Admiral Bowles, chief of the bureau of construc tion and repair, that no court has the right to Interfere with work on a war vessel and that the government would be warranted In calling out federal troops to protect its agents engaged In such work. Work Must Proceed. Instructions have been sent Lieutenant Thelss and Naval Constructor Groesdeck In charge of the work on the Galveston to proceed with all possible despatch In the effort to get the ship ready for launch ing on Monday. An invitation has been sent Miss Ella Sealy of Galveston, Tex., selected as sponsor for the vessel, to bo present on Monday to christen the Gal veston with the traditional bottle of champagne. Capt. Charles Train will act as the representative of the government. The government has no objection to tho supply creditors of the Trigg company proceeding In the courts to protect their rights, but it takes the position that the work on a warship is too important to the nation at large to be delayed while private firms are adjusting their financial difficulties with one another. The plan of action decided on Is prac tically unique in the history of the navy department. It was decided on only after the President, the attorney general and the secretary of the navy had given the subject their careful consideration. It Is not expected that the people of Virginia will regard the action of the navy depart ment as In the slightest degree reflecting on the sovereign rights of that state. The department feels that It has acted with unusual leniency toward the Trigg com pany and regrets that financial embarrass ments of the company should have neces sitated seizure of the vessel. When the Galveston shall be launched a gunboat will probably be sent to accom pany her to Norflok. It Is not expected that the department will have to resort to a show of naval or bllltary force to exe cute Its orders. I FREIGHT HANDLERS STRIKE. All of Those Employed by Frisco at Kansas City Walk Out. Kansas City. Mo.. June 18 —All the freight handlers employed at the local freight depots of the St. Louis and San Francisco road and the Burlington and Rock Island systems went out this after noon because the company refused to grant their demand for an Increase of wages of nearly 25 per cent. This makes a total of 400 men now out. the Santa Fe men having struck on Monday. The demands of the men were made be fore the recent flood rendered all work In the yards Impossible. They were pre sented to the various railroads again to day and promptly refused. Other roads may be afTected. The railroads had an ticipated the strike and had several men on hand to take the places of the strik ers. The forces at the various depots were Inadequate, however. »♦»♦»««> ... * WEATHER FORECAST. I ♦ - ♦ ♦ Forecast for Alabama—Fair Friday, ♦ ♦ Saturday partly cloudy, probably ♦ showers and cooler; variable winds. ♦ RUSSIA COMES TO RELIEF OF JEWS GOVERNMENT TAKES COGNI ZANCE OF PROTESTS AGAINST THE KISHINEFF MASSACRES— GREAT CONCESSIONS GRANTED. Chicago, 111., June IS.—The Russian gov ernment has taken cognisance of the pro tests against the Kishlneff massacres. Great concessions have been granted to the Jews which will relieve their terri ble confined condition in the large cities where they are herded together and con stantly under the eye of the government officials. The tidings were received in a cablegram from Odessa by Leon Bereniak tonight. According to the dispatch a committee of fifty of the most influential Jews of Odessa, consisting of lawyers, bankers end philanthropists went to St. Peters burg and were received by the minister of law, Von Plhewe and the minister of finance, Witte. Before these two a mem orial was laid, asking that the JewB of the region where the persecutions have been most flagrant might be granted con cessions. A meeting of the ministry was called and the question was taken up. Finally the ministers decided that all vil lages, as regards the Jews, should be classified as cities and that Jews should be permitted to reside in them. As a further concession it was decided that the ukase prohibiting Jews from living within fifty miles of the frontier should be removed and that they he permitted to live in any portion of the country. ALABAMA BAR TO MEET. First Session Will Open This Morning in' State Capitol at Montgomery. Montgomery. June 18.—(Special.)—The Alabama State Bar association will meet tomorrow morning In the hall of the house of representatives. The meeting will be opened by the address of the pres ident, Lawrence Cooper, In which the noteworthy changes In statute law made by congress and the legislatures of the several states will be noted. Several able members of the association have accepted Invitations of the executive committee to prepare and read papers, and these, with the reports of the committees, will make the session an Interesting one. The annual address by Hon. Edward M. Shepard of New York has been made the special order for 12 o'clock. As Mr. Shepard has been frequently mentioned In connection with the presidency, his ad dress will be of more than usual Interest. He Is recognised as one of the great law yers of the country, and Is reputed to be an attractive and interesting speaker. The public, Including the ladles, is Invited by the association to be present and hear this address. RIO GRANDE IS BOOMING. Water Several Feet Deep on the Pro tection Levee. El Paso, Texas., June 18.—A dispatch from San Marcia!, N. M., says that at 0 o’clock this morning the Rio Grande reached Its highest stage, causing a break In the protection levee. The water Is now several feet deep In the lower portion of San Marcia!. Several small houses have been damaged by the flood and most of the Inhabitants of that section have abandoned their homes. The loss to farmers thereabouts Is large. At Eartham the river Is six Inches higher than yesterday. The levee which broke through yesterday has not been repaired. The indications are that It will continue to give way until the river has gone be yond control. Reports from Rincon say that place Is partly under water. The brick yards at White Spur are also flooded. CAPT. B. M. LONG DEAD. One of the Most Prominent Men In Walker County Passes Away. Cordova, June 18.—(Special.)—Caut. B. M. Long, one of the most prominent and wealthiest men In this section of the state, died last night at the home of his daugh ter, Mrs. Gardner. Mr. Long was 75 years old and Walker county's leading citizen. He had been a life-long republican and was Identified with many industrial enterprise, owning much coal land in Walker and Winston. MEETING AT MOBILE. Commercial and Industrial Associa tion Begins Its Convention. Mobile, June 18.—The Alabama Com mercial and Industrial association began Its annual convention here tonight to last two days. The features were the address of President C. L. Lane deprecating at tacks on corporations, advocating national aid of roads and an Alabama exhibit at the world's fair; report of Secretary C. L. Gilbert on the association's work and an address upon Industrial development by ex-Gov. W. J. Northern of Georgia. Master Mechanic Resigns. Selma, June 18—(Special.)—Quite a surprise was created at the Southern rail way shops In this city today when Master Mechanic Richard Introduced 8. M. Dolen as the new muster mechanic of the shop here. Mr. Richards alBo announced that he would leave In the afternoon for Spen cer. 8. C., where he would succeed W. T. Robinson, also formerly In charge here, but now master mechanic there. Mr. Rob inson Is to succeed Jack Shehan at Co lumbia. who It Is said has resigned to go with the Plant System. Man Shot on Excursion Train. Knoxville, Tenn., June 18.—In a fight which occurred on an excursion train re turning to Hundal, N. C., from Johnson City, Tenn., Deputy Sheriff Oarland of Mitchell county, N. C., was shot and fa tally wounded by John Williams and Con stable Bailey was severely cut and bruis ed. Williams, who Is a desperate char acter, Jumped from the train while It was running and escaped. United Workmen. St. Paul. Minn., June 18.—The Supreme Lodge of Ancient Order of United Work men devoted today's session to the con sideration of routine matters, pending a further report from the beneficial com mittee. 8t. Louis has been reported on favorably for the next meeting place, but has not been selected. ■ " — For First Time in a Decade 3-Year-Old Wins Event ODOM CLAIMS HEWAS FQULED Thirty Thousand People Saw ths Race, But Few of Them Bet on the Winner — Shrieks for Herbert Unavailing. New York, June 18.—For the first time of a score of years of its history, the Suburban handicap was won by a 3-year old, Africander, son of Star Ruby-Afric quon, which finished first in a splendid geld of ilfteen to thirteen of which he was giving weight. His victory was marred by a claim of foul made by George Odom, the rider of Herbert, second horse, but the Judges decided that the winner has earned his prize and let the race stand as run. Charlie Dwyer and Simon Deimel, proprietors of the Hampton stable, m whose colors Africander ran, won $16,690 In the stake, and made a generous present to Fuller, the New Orleans graduated jockey, who piloted their horse to a stir ring victory. They had also backed the horse at 100 to 1 In the winter betting, driving his odds to 50 to I. Thirty thousand persons saw the race and few of them bet on the winner. Shrieks for Herbert, who seemed sure to win in the stretch, shrilled loud from every point, and cries of encouragement greeted Odom when he mounted the stairs of the judge's stand to lodge his claim of foul. Fuller the Hero. Fuller meanwhile was enjoying the flrsl fruits of victory and seated In the floral horseshoe was borne across the lawn. Fie paled a bit when suddenly summoned from that height of Jockey pride to face the Judg-s. but set forth his case well and Odom's claim was not allowed. Five min utes of Intense anxiety. In which even the women were quiet, passed before the red board went up. Horsemen, although agreeing that Africander and Herbert bumped In the stretch, were of the unan imous belief that the best horse won and that Africander would also have been first with clear sailing. Thirteen hours of steady rain had turn ed the track Into a quagmire and the time, 2:10 2-5, was the slowest since 1887. To a prompt but not good start the Held/ got away with Articulate slightly in the lead of Hermls, Lux Casta, an addi d starter, close alongside, and Herbert fourth. Col. Bill, Africander and Igniter formed a second division behind the lead ers, while Major Dangerfleld, 7 to 2 fa vorite, was far hack. Hermls to the Front. Hermls, carrying 128 pounds, went to the front in passing the stand, lapped by Articulate, Lux Casta and Africander. At the first turn the rear of the field swung wide and Hunter Raine, whose splendid race was a feature of the con test, was carried over almost to the pad dock gate. He was last by two lengths as they straightened out In the back strentch. Hermls swung Into the straight away after the first turn two lengths In the lead. He made the only pace In the race and killed off sterling competitors, but died himself in the destruction of Ills rivals. The heavy Impost, swift pace and the deep mud told on Hermls at the three quarter post and he began to fall back. Africander headed him nnd Herbert, too, dashed past Mr. Thomas' $00,000 purchase. Heno was In the middle of the field while Major Dangerfleld wus creeping up. Africander and Herbert spun away from the tiring Hermls as they reached the last turn and the race was plainly between the two. Odom took Herbert Into the Btretch for the better going near the outer rail. To the astonishment of onlookers Fuller cut across with Africander to the outside also and the two horseB bumped together, Her bert on the outside and almost against the outer rail a sixteenth of a mile from home. Then arose cries for "Good old Herbert.” Fuller had not called on Afri cander for his lust effort, however, and when he did bring down his whip, the response was immediate. Swerved to the Front. The sturdy 3-year-old leaped forward, swerved for a stride In front of Herbert and then ran straight and true to the wire winner by a head. Major Dangerfleld had made his bid at the head of the stretch, but was dangerous for only a dozOn strides. Igniter, too tired and failed when the stretch was reached. It was Hunter Raine, whose prowess shone grandly forth In spite of ill luck of every kind. Hunter Raine vas third by some lengths. Hermls finished thirteenth and Articulate fourteenth with Yardarm last. African der opened and closed at 15 to 1 In the betting. Herbert opened at 20 to 1 and closed at 15 to 1 and Hunter Raine was backed from 15 to 1 to 5 to 1. Bred on the Rancho Delpaso farm of J. B. Hag gin, Africander was brought east and sold as a yearling to Julius Fhlschman. Dwyer and Delmel bought Africander foi no,ooo. Africander won the famous Belmont stakes and other races last year. No. 13 was Africander's number on th* programme and It was on Irish Dad, win ner of the Brooklyn handicap. Th« Whitney's father and son withdrew theii entries. Goldsmith and Irish Lad on the advice of their trainer. John W. Rogers, who said neither could do himself Jus tice In the deep going. Aristocracy with Connell up won the double event for 2-year-olds. The Mirthful colt was quoted at 20 to 1 and leading al most from start to finish won by on# length and a half from the favorite, Dim ple. Summary: First race, six furlongs on the main track—Shotgun. 120 (Odom) IS to 5. won: Blackstock, 133 (Burns). 3 to 1, second; Dublin, 133 (Haack), 7 to 5, third. Time, 1:14 4-5. second race. mile, selling—Ink. Ill (Haack). 3 to 5, won: Orloff, 103 (E. Walsh), 30 to 1, second; Black Huzzah, 126 (Martin). 15 to 1. third. Time, 1:45. Third race, double event, last five and a half furlongs of futurity course—Aris tocracy, 117 (Connell), 20 to 1. won; Dim ple, 114 (Redfern), 7 to 2, second; Toledo, 122 (Waterbury), 12 to 1. third. Time, 1:07 4-5. Fourth race, the Suburban handicap mile and a quarter—Africander. 110 (Ful ler), 15 to 1. and 6 to 1, won: Herbert 118 (Odom), 15 to 1, and 6 to 1. second. (Continued on Third Page),