The Birmingham age-herald. [volume], September 30, 1903, Image 1

About The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950

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THE BIRMINGHAM AGE-HERALD.
VOL. .30. BIRMINGHAM, ALABAMA, WEDNESDAY, SEPTEMBER 30, 1903. NO. 149.
SENSATIONS GALORE SPRING UP AS END
OF THE LEGISLATURE IS DRAWING NEAR
Primary Election Bill Has Clear
Sailing in tlie House
and is Passed
BITTER FIGHT EXPECTED
OB BANK EXAMINERS BILL
Birmingham Consolidated Court Bill
Passes Senate After an Adroit
Fight Led By Morrow—The
Greater B’ham Bill.
BY E. E. KERSH.
Montgomery, September 29.—(Special.)
Both branches of the legislature went at
the work before them today in a manner
that showed a desire to clear the calen
dar. Only one of the really important
bills pending secured final action, how
ever. This was the general primary bill.
The bank examiners bill is the unfinished
business in the house and the Lusk re
districting bill is awaiting final action in
the senate. The banking bill is to have a
rough road to travel tomorrow. The en
emies of the bill are endeavoring to rout
it in the most extraordinary and as
tounding way that has yet been suggest
ed for any bill. Chairman Glover stated
that the bill had an endorsement upon it
signed by himself that was unauthorized
and he asked for the privilege of correct
ing the same.
Was Not Considered.
The endorsement on the bill follows the
language set out In the constitution, "This
bill was considered by the committee,
etc.," but „Ir. Glover said today that
1 the committee had not "considered” the
bill and hence he wanted to strike out
the words “was considered.” This mo
tion was Immediately looked upon by
friends of the bill as one to shelve it and
the house wrangled over it for an hour
without making progress. A vote was
reached on a motion to table the Glover
motion, but it failed by the close ->'Ote
of 46 to 41. While this does not probably
represent the exact status of the bill on
passage, still it is indicative of a very
hard, close fight tomorrow. Both sides
(are working hard tonight. Should the
Glover motion prevail it would have the
effect of killing the bill.
The T ",sV rei’lptrictinv 'll1 wee so mu
tllated In the senate today thai. it could
never be recognised by Its house friends.
The senate has so loaded the bill with
amendments as to practically insure its
defeat. Among other amendments adopt
ed was one providing that all of the
eighteen circuits are not to cost the state
more than at present is spent to main
tain fourteen circuits. The house would
never agree to this.
Election Bill Had Smooth Sailing.
\ 1 he primary election bill has smooth
j sailing, encountering no serious opposi
tion. The house was not willing to ac
cept the senate bill In toto. amending it
In a few particulars. The most important
of these amendments will do away with
the machinery for ballots, booths, and
markers, as provided for the general
election. The house bill leaves it possible
for a man to fix his ticket when and
■where he pleases. Another fixes times
when contests may be filed.
The senate had a big fight over the
Birmingham consolidated court bill,
■which was passed by the house last week.
Senator Morrow had his hands full from
the moment he announced the title of the
bill, an effort being made to even prevent
its consideration. Some of the very best
talent In the senate was arrayed against
the measure, but Senator Morrow met
them at every point, and won his fight by
a flattering vote.
Paid Out of State Treasury.
The objection to the hill Is lodged In the
provision that J2500 of the salary for each
of the seven Judges is to be paid out of
the state treasury. Similar provisions to
this have heen placed in almost every
\ city court bill that has been presented
to the legislature for the past six years,
f but thlB Is the first one to get through,
and Its passage la a very great tribute
to the Jefferson delegation. There Is a
rumor that the hill may meet with some
opposition in the executive ofTlce. When
questioned as to the matter tonight Gov
k ernor Jelks declined to discuss the mat
■ ter at present.
' Governor Jelks sent the Joint resolu
tion providing for the erection of a
statue of the late Dr. J. L. M. Curry, in
the hall of fame at Washington across to
the office of the secretary of state today,
hut It did not contain his signature. The
resolution becomes a law. but the gov
ernor did not see fit to give It his en
dorsement.
Smith and Blackburn Get Personal.
Senators Smith of Clay, and Blackmon
of Calhoun Indulged In personalities ad
Ilberatum at the night session tonight In
discussing a bill providing for the hold
ing of extra sessions of the Seventh
judicial circuit court In the counties of
Cleburne and Clay. The debate was by
far the most sensational of this session
of the legislature.
Senator Blackmon offered a substitute
for the original bill providing for the
holding of court In the two named coun
ties semi-annually. To this Senator Smith
offered an amendment providing for quar
terly sessions. In speaking of his amend
ment Senator Smith charged Senator
with having attempted to railroad the bill
through in his absence. He further aver
red that the senator from Calhoun had at
tempted to cause his defeat in the primary
for the state senate In Clay and Cleburne
counties and had expended money to that
end. Senator Blackmon in an Ironical
speech apologized to the senate for op
• posing the senator from Clay and proph
> esled that when the other senators were
dead and forgotten the name “Smith1
would be embossed In gold in the senate
chamber In recognition of his brilliant
services tonight. He said that he would
he In Montgomery until the close of leg
islature and could be found unengaged at
any time.
Not Laughing Subject.
^ Other senators made repeated e*or‘i
V to turn the affal- *—* ™ £. ?
■ out efTect. Sew.— -e.iators refused to
vote on account of the personalities en
gaged In. The Smith amendment was ta
bled by a vote of 18 to 4 and the bill as
amended by Senator Blackmon was pass
ed. There is a very strong probability
that the Greater Birmingham bill, passed
through the house, will fall In the sen
ate.
\ Senator Morrow has caused the bill to
LAREDO IN GRASP
OF DEADLY FEVER
Eleven New Cases of Yellow Jack Reported Yesterday, and This
Brings the Total Up to Thirty-seven—Experts Have
Pronounced Sixteen of the Cases Genuine,
nAREDO, TEX., September 29.—The
yellow fever situation here is be
ginning to assume a very grave
phase. There are now in this city thirty
seven cases of fever, sixteen of which
have been pronounced genuine by the
marine hospital service in charge here,
ten cases have been pronounced suspi
cious and eleven new cases have been re
ported today, some of which have been
announced as genuine and others as sus
picious. Among these cases is one which
the doctors state is yellow fever of the
worst type. The majority of these cases
are confined to a certain district of the
city with the exception of some of the
new cases which have been reported to
day.
Notwithstanding the difficulties under
which the sanitary officers are compelled
to work in some instances, the work of
placing the city in perfect sanitary con
dition Is being effectively and scientifi
cally brought about under the direction
of the yellow fever experts who are on
the ground seconded by a corps of able
assistants.
A second detention camp has been es
tablished at Cactus, a station on the line
of the International and Great Northern
railroad, about fifteen miles from Laredo.
The conditions of Nuevo Laredo are not
very encouraging. The authorities have
taken very energetic measures in the way
of policing the tow?n and organizing a sys
tem of observance.
The case mentioned yesterday ns in a
precarious condition, that of Juan Veytia,
an employe of the Mexican National rail
road, today resulted in his death. It Is
Impossible to learn from the Mexican au
thorities how many cases exist in Nuevo
Laredo, but it is known that there is a
very large number. Among the cases that
were today reported very grave is that
United States Vice Consul J. F. Kimball.
Nuevo Laredo established a strict quar
antine against this city this morning. The
lack of accommodation is felt by the peo
ple of Laredo, Texas, railroad lines being
so tied up that it is impossible to move
freight and business generally is at a
standstill. No official news can be ob
tained from Monterey, but it is learned
on what is considered good authority that
there are at least ten new cases of fever.
Prisoners Are Released.
Houston, Tex., September 29.—Federal
Judge Burns today made an order releas
ing all the federal prisoners held in the
county jail at Laredo, the yellow fever
being the reason. Most of the prisoners
were held on charges of smuggling. Sev
eral were held as witnesses.
be placed upon the calendar and he does
not seem to be In a frame of mind to
make an effort to get it off. He declined
tonight to say what he would do but in
dicated that he would not attempt to se
cure the passage of the bill. Mayor Dren
nen said that he had not urged the bill
in the senate, merely putting it up to
Senator Morrow. He nursed it in the
house because several of the delegates re
sided outside the city. When these did
not oppose the bill he said as a matter of
course he thought Senator Morrow would
readily pass it. If the bill falls it will
be a sore disappointment to the mayor.
The house passed the senate bill exempt
ing dntists from Jury duety.
House.
There were seventy-three members pres
ent at the morning roll call, which was
opened with prayer by Representative
Preston of Clay.
Judge Wheeler of Madison, arose to a
question of personal privilege. The news
papers had so reported his speech on the
anti-foreign corporation bill on Saturday
so that they might be construed as a
reflection upon the senate. He had not
intended such reflection, and if his re
marks had bet . so T»nst; *ed he would
withdraw them.
It still being possible for house bills
to reach the senate and get through that
body, the house resumed the order of
Saturday, permitting a member to call a
bill as he could secure recognition.
The first hill passed was that amend
ing section 4551 of the code, relating to
removal of convicts.
The bill to empower public corporations
to purchase school property and maintain
public schools was passed.
Mr. McCluskey secured the passage of
a senate bill regulating the fees of the
solicitor for Lamar county.
Dispensary for Alexander City.
The house bill to establish a dispensary
in the to of Alexander City and to
provide r he election of a board of
commissi - a to conduct and regulate
the sar. and to provide for an election
to deci'. upon the establishment of
such disi enBary was passed.
The gy ne bill to compel any person or
corponji*ui to repair public roads and
bridgr tfhen such person or corporation
or tlu agents renders any bridge or pub
lic road* unfit for proper use by hauling
unreal-lably heavy loads over them was
defeat'
Mr. - xrf Of Mobile secured the passage
of a - >{ to better provide for the sale
of int 3*e's«i ^eld in lands as tenants in
common-by persons not having the legal
capacity to sell the same because of mi
nority. t unsoundness of mind.
On p ion of Mr. Haley of Jefferson the I
bill providing for quarantine and for the
protection of the public health of Jef
fersdii bounty was passed. Quarantine
may > established upon the order of
the county board of health, which body
stands sponsor for the measure.
Mr. Rushton of Crenshaw called up a
bill for the better protection of bridges
built qt to be hereafter built by con
tract with or by order of the court of
county commissioners or boards of reve
nue over any of the streams in any of the
counties of this state and to indemnify
said counties against loss, Injury or
damage to the same and punish violations
of this act. The bill requires parties
floating logs down streams to give bond
in the amount of S1000 to protect counties
against loss In any possible damage to
bridges. Mr. Curry of Pickens opposed
the bill, wranting the bond fixed at $500.
The amendment was adopted and the bill
was passed by a vote of 35 to 29.
Mi ^DuBose's bill to provide, at the
several normal schools of Alabama, for
two extra periods for examination of ap
plicants to teach in the public schools,
was passed without debate.
Speaker Tunstall relinquished the chair
to Mr. Lyons and called up the bill ap
propriating $500 annually to pay for a
stenographer for the attorney general.
Mr. Tunstall called attention to the urg
ent necessity for some relief for the at
torney general in the way of clerical as
slst-ance. The bill was passed by a v.>te
of 45 to 24.
Bank txammer s Bill.
Mr. Starr of Dallas called for the regu
lar order, the consideration of tile sen
ate bank examiner's bill.
Mr. Glover raised the point of order
that under the rule the house had agreed
not to consider any but house bills at the
morning session.
Mr. Benners said this was done with
the understanding that no special order
should be displaced. He moved that the
banking bill be fixed as the permanent
order for the afternoon session.
Mr. Bankhead objected to this, as the
primary election bill had precedence over
the banking bill and he could not agree
to have It lose ltB place.
To this Mr. Walden and Mr. Lusk also
agreed. Mr. Lusk wanted the morning
session devoted to local bills or such
other house bills as the members might
desire,'f V b Z a ~ o i
• § 2 ~thnun from
Marlhafl was making the argument of
members opposed to the banking bill.
He realized that the primary election bill
was of paramount Importance, but he did
not want the banking bill to lose Its
place. Mr. Benners then moved that the
consideration of local bills be restricted
after 1 o'clock, and that at the after
noon session the primary election bill
should have the right of way, the bank
ing bill to follow it. This motion carried
carried.
The bill to add the names of the gov
ernor and superintendent to the board of
trustees of the Livingston Normal school
was passed.
The house also passed bills regulating
the Hartford dispensary; a game law for
Houston; regulating payment of witness
certificates in Lamar county; Baldwin
game law.
Primary Election Bill.
There were no further local bills to be
considered, and Mr. Rankhead demanded
consideration of the primary election.
Upon motion of Mr. Lusk the committee
resolved itself Into the committee of the
whole and considered the bill section by
section.
Sections one to nine inclusive were
adopted without objection. Mr. Thompson
wanted to amend section so as to
permit all persons who will have come
of age between the time of the holding of
the primary and the election to vote in
the primary. Judge Walker pointed out
that the constitutional provision that only
qualified voters could vote in a primary,
would prevent the operation of the
amendment was voted down.
Mr. Lusk offered an amendment chang
ing the fine for disposing of liquors on
election day and day preceding at from
$10 to $500 Instead of at from $100 to $1000.
This amendment was adopted, but one
offered by Mr. Manor to eliminate the
preceding day was voted down.
Mr. Lusff offered amendments to make
the section intended to prevent the pur
chasing and sale of votes more stringent.
An amendment by Mr. Goldsmith provides
that only persons purchasing or offering
to purchase votes shall be guilty.
Wanted No Expense Accounts.
Mr. McDonald of Barbour, wanted sec
tion 23, providing that candidates shall
fill itemized statements of expenses,
stricken dut. Mr. Lusk opposed it. He
said that the spending of money in the
campaigns was one of the most corrupt
with which we now have to contend.
Mr. Maner of Montgomery supported
the amendment, and Mr. Simpson of
Lauderdale wanted the section to stand.
The section was discussed by Mr. Bogart,
Mr. Handley and Mr. Searcy. The latter
said he never expected to be a candidate
again, but he thought it a good thing,
and to keep others from having their
legs pulled as his had been, “You can tell
the boys its unlawful to give them any
thing,” said Mr. Searcy.
An amendment by Mr. Curry that
candidates be required to file petitions
of all babies kissed, setting out age and
color, was ruled out of order.
During the. discussion the hour of ad
journment arrived.
Afternoon Session.
At the afternoon session the first busi
ness was the disposition of some senate
amendments to house bills. The house
declined to concur In the senate amend
ment to the Foster bill prohibiting stock
from running at large In towns of more
than 5000 inhabitants. A conference com
mittee was named.
The house agreed to the senate amend
ment to the Brown bill exempting new
cotton factories from taxation for five
years, by adding cement plants estab
lished within two years and at an ex
pense of not less than J100.000.
Mr. Blackburn of Jefferson offered a
resolution that, whereas a bill had been
passed by the legislature establishing an
Inferior court for precinct 37, Jefferson
county, In lieu of all Justices of the peace
and ex-officio notaries public courts, that
the governor be requested to withdraw
the commissions of all such officers with
in the bounds of the said precinct. The
resolution was passed without opposition.
The house again resolved itself into the
committee of the whole for the further
consideration of thp primary election bill.
Mr. Lusk attacked section 24 of the bill
providing that any candidate who falls
to file an Itemized statement of expenses
within the limited time, and who fails to
make a correct statement of money ex
pended, shall forfeit the office to which
he was nominated.
Mr. Bankhead, to remedy the defect,
offered an amendment to make It read
who shall “intentionally f51l to file such
statement."
Mr. Lusk moved to table the amend
ment, which carried. The section was
then stricken out.
A new section to the bill, providing that
the provisions of the general election law
relating to official ballots and fixing the
ticket in booths shall not apply to the
primary law, was accepted.
Mr. Lusk offered two amendments,
which were accepted. The first provides
that political parties shall bear all ex
penses of the primary, and another pro
viding for contests. Contests for county
offices may be filed within five days, and
all others, except state, may be filed
within ten days. For state offices, fifteen
daj'3 are allowed.
Bill Reported Favorably.
The committee then arose and report
ed the bill favorably, and the bill was
passed without further discussion by a
vote of 61 to fi. Those voting no were
Mr, Barnes of Dale Mr. Curry of Pick
ens, Mr. Kelly of Choctaw, Mr. Newman
of Winston and Mr. Seale of Sumter.
Mr. Foster of Tuscaloosa secured con
sideration of the hill relative to the dis
continued on 8econd Paso)
MANY WITNESSES
III TILLMAN USE
Good Speed Made io Trial of
the Formnr Eieot Governor
PHYSICIANS 01 THE STANO
A. E. Gonzales, Brother of the De
ceased Editor, Says Relations Be
tween N. G. Gonzales and J. H.
Tillman Were Not Pleasant.
Lexington, S. C., September 29.—Good
speed was made today in the trial of
former Lieutenant-Governor James H.
Tillman, who is charged with the mur
der of N. G. Gonzales, editor of the
State. A large number of witnesses were
examined today. The crowd of specta
tors was not as large as yesterday.
Mrs. J. H. Tillman and the defendant s
mother occupied seats within the railing
throughout the day. One line of exam
ination pursued today by the state was
with a view of laying the foundation for
introduction of dying declarations. Four
of the physicians who participated In the
operation on Mr. Gonzales after he was
shot were on the stand today. Dr. Curry.
Dr. Pope, Dr. Taylor and Dr. Griffith, all
of Columbia. Much of the testimony of
the physicians was technical.
Ambrose Gonzales, publisher of the
State and a brother of N. G. Gonzales,
was called to the stand when the solici
tor offered In evidence the files of the
State for the year 1902, the purpose as
announced by counsel to introduce the
editorials In the State a newspaper, of
which N. G. Gonzales was editor, from
July 1, 1902 to December 31, 1902. The
editorials in question are in relation to
James H. Tillman. Reading of the edi
torials was postponed so that counsel for
the defense might read them first.
On cross-examination, Mr. Gonzales
was asked by counsel for the defense:
Relaions Not Pleasant.
“The relations between your brother
and Mr. Tillman have not been pleasant
for some years, have they?”
He replied, “they have not been pleas
ant.”
Mr. Gonzales was asked, on further
oroes-examination by the defense, if he
had not heard his brother press hlm
In denunciatory lnngua - n rr; \rd
to Mr. Tillman, to which the witness re
plied:
“I cannot say T ever heard him use
such language in the office. I think ev
erything he said, not everything he knew'
or believed, but everything he said to his
relatives or friends, hr said in the State
newspaper so all the people could know'.
Tn reply to further questions Mr. Gon
zales said he could not say that he knew
his brother to have entertained bitter feel
ing towards J. H. Tillman, nor could he
sny that he knew his brother’s feeling to
ward the defendant to have been hostile.
W. B. Gauz. a member of the legislature
from Florence county was asked if ho
had heard Mr. Tillman when he met him
Ih Columbia during the last session of
the legislature, say anything about Mr.
Gonzales’ editorials, to which the wit
ness replied that he met Tillman on the
street and when some one asked Col.
Tillman where he was stopping, he re:
plied:
‘I don’t know that I am stopping any
w'here. I stuck those editorials of the
State In my pocket and told my wife I
must stop at the penitentiary before I
left there.”
Did Not Take It Seriously.
On cross-examination the witness said
he did not take the remark seriously. It
i developed during the examination of Dr.
Pope, who followed Dr. Guorry on tho
stand, that tho state was laying the foun
dation for dying statements by Mr. Gon
zales. Under objection the statement by
Dr. Pope that he heard Mr. Gonzales say
“I am killed.” was admitted, but the
court said later that when ruling on
other questions, he would let it stand or
Instruct the Jury to disregard.
The defense objected to all the testi
mony relating to the carrying of a pistol
by the defendant prior to the shooting
unless It could be shown that there was a
connection between the carrying at that
time and the shooting. The court admitted
the testimony with the provision that If
It was not developed that It was com
petent, the jury would be Instructed to
disregard it.
When the trial was resumed today the
state introduced the testimony of physi
cians. Dr. Ouerry, the first witness
called, attended Mr. Gonzales after the
shooting and performed the autopsy. He
described the location and character of
the wound.
During the examination of Dr. Pope the
jury was sent out, while counsel argued
as to the admissibility of evidence sought
to be Introduced as statements made to
him by Mr. Gonzales. Solicitor Thur
mond said he was laying the foundation
for the introduction of a dying declara
tion.
Dying statement Admitted.
After a lengthy argument hy counsel
the. court decided to admit the statement
made by Dr. Pope that Mr. Gonzales
stated "1 am killed'’ Immediately after
the shooting. The Jury was brought In
to hear the statement. The files of the
State containing reference to the defend
ant were placed In evidence. Ambrose E.
Gonzales, president of the State Publish
ing company and brother of N. G, Gon
zales, was questioned by the defense on
croKS-exnmInatlon as to the relations be
tween Tillman and his brother. When
asked if he had heard his brother make
derogatory statements regarding Mr.
Tillman, Mr. Gonzales said that what his
brother had to aay was said In his
paper.
w. P. Stelglltz, a gunsmith of Colum
bia. when shown the automatic pistol
which had been exhibited during the trial,
said that a call had been made upon him
the day before the shooting for a maga
zine for a pistol like the one shown to
him on the stand, but that not having
any In stock he repaired the old one.
which was called for on the morning of
the day of the shooting.
l»r. H T. B. Lancaster, a member of the
legislature from Spartanburg, testified
that he saw a pistol In Mr. Tillman’s
porket on the day previous to the shoot
ing Two boys. C. V. Zimmerman and
Francis Smith, swore that they saw a
pistol In Tillman’s hip pocket on January
13. two days before the shooting.
H. <3 Arthur of Edgefield, said he saw
the defendant In Edgefield some time last
October. He testified today that he was
going Into a livery stable there when he
passed Col. Tillman and another man who
were talking together. He said he heard
ROOSEVELT EXPLAINS
TO LABOR LEADERS
Says “l am President of All the People of the United States
Without Regard to Creed, Color, Birthplace, Occupa
tion or Social Conditions”—Miller Case Again,
Washington, September 29.—Samuel
Gompers, president of the American Fed
eration of Labor, Mr. Mitchell, the head
of the United Mine Workers’ organization,
and four or five other members of the ex
ecutive council of the American Federa
tion of Labor, were in conference with
the President for a long time tonight,
with reference to' the case of Foreman
Miller of the bookbindery nf the govern
ment pfjyylr-.g office, urber'ic discharge is
sought by the labor leaders.
The conference broke uj about 11:30
o’clock, and shortly thereafter the fol
lowing statement was given to the press
at the White House:
"Pursuant to the request of Samuel
Gompers, president of the American Fed
eration of Labor, the President granted
an Interview this evening to Jhe follow
ing members of the executive’ council of
that body:
"Mr. Samuel Gompers, Mr. James Dun
can, Mr. John Mitchell, Mr. James
O’Connell and Mr. Frank Morrison, at
which various subjects of legislation in
the Interests of labor as well as execu
live action were discussed Concerning the
case of William A. Miller, the President
made the following statement:
“As .regards the Miller case, I have
little to add to what 1 have already said,
in dealing with it I ask you to remem
ber that I am dealing purely with the re
lation of the govcrnment*to its employes.
I must govern my actioff by the laws of
the land which 1 am sworn to administer
and which differentiate any case in which
the government th* United States I*
«i party from all other cases whatsoever.
“These laws are enacted for the benefit
of the whole jfeople and cannot and must
not bo construed as permitting discrimi
nation against some of the people. I am
President of all the people of the United
Htates without regard to creed, color,
birthplace, occupation or social conditions.
My aim is to do equal and exact justice
as among them all. In the employment
and dismissal of men in the government
service, I can no more recognize the fact
that a man does or does not belong to a
union as being for or against him. than
f can recognize the fact that he is a Pro
testant or a Catholic, a Jew or (lentlle, as
being for or against him.”
TOWN OF RAZLOG
IS NOW IN FLAMES
INSURGENTS ARE ATTACKING
BUTCHEVO AND SEVERE FIGHT
ING IS REPORTED TO BE TAKING
PLACE—BULGARIANS ARRESTED
I
Sofia, September 29.—A despatch from
Rilo monastery says the town of Razlog
has been in flames since Sunday night.
The insurgents are attacking Butchevo
and severe lighting is reported going on
between the insurgent bands and the
Turkish troops. The sound of artillery is
plainly heard at Rilo.
Another fight is reported to have taken
place neur Okhrida, 2N miles from Mon
astir, in which fifty Turks were killed
and many were wounded.
It is reported that all the intelligent
Bulgarians of the town of Okhrida were
recently arrested on suspicion of commun
icating with the insurgent bands, and
were sent in chains to Monastic.
A letter fn£m Pilippopolis, dated yes
terday, says the authorities there have
distributed rifles arid ammunition In all
the frontier villages for use in case of an
attack being made by Turks.
the name of Gonzales mentioned and the
sentence “if any way to get at him."
The witness said he walked on, as ho
knew what they were talking about and
he did not want to hear it.
Knew the Two Pistols.
E. S. Dowling of Bamberg, who was
second lieutenant in the Second South
Carolina regiment, commanded by J. 11.
Tillman, and whose room adjoined Till
man's in a hotel at Columbia, was in the
defendant's room on the morning of the
day of the shooting. He testified that lie
sawr two pistols on the mantle over the
fire place, one of which was an auto
matic magazine pistol which attracted
his attention. He was shown the two
pistols which have been exhibited to dif
ferent witnesses as the ones received by
the defendant. These he believed to he
the same he saw in the room. Others
came Into the room that morning before
he left, he said, naming them. One of
these arrivals, he said, loaded the maga
zine of the automatic pistol and handed
it to Mr. Tillman just as witness was
leaving the room.
The witness then said he next saw Till
man at the jail after th< shooting, when
he expressed his regret, that he (Till
man) was in trouble. Tillman asked, he
said, if he (witness) knew where he had
hit Mr. Gonzales. The witness left the
jail and upon ascertaining where the
bullet had struck, h<* went back to the
Jail and Informed Tillman, who, witness
said, replied that “If he hit where he
aimed, he sure was a dead man.”
♦ ♦♦♦♦
♦ WEATHER FORECAST. ♦
♦ Washington, September 29. -Fore- ♦
♦ east for Alabama: Showers Wed- ♦
♦ nesday; Thursday showers and *♦
♦ cooler; fresh east to south winds ♦
♦ becoming northerly Thursday.
PHYLE SAYS THAT
ATLANTA SOLD OUT
MEMPHIS CAPTAIN, WHO IS SORE
ON MANAGEMENT, MAKES SOME
WISE STATEMENTS ABOUT HOW
THE PENNANT WAS WON.
Memphis, Tenn., September 29.—(Spe
clal.)—According to statements made to
night by- William Phyle, former National
league player and this year’s captain of
the pennant winning Memphis team of
the Southern league, the Memphis club
won first honors by Inducing players on
the opposing team to throw the final
game*. The close of the Southern league
witnessed Little Rock and Memphis with
in a few points of each other. After the
final game Memphis’ average showed but
two points in the percentage table ahead
of Little Rock. "The Montgomery team
’threw’ to us three games by arrange
ment,’’ said Captain Phyle, "but Little
Hock kept on winning and kept In close
I on our heels. 1 know that Birmingham
'threw' to Little Rock, too. Then the de
ciding and final games of the season be
tween Memphis and Atlanta arrived and
we had to win the last two games to
keep the lead. Pitchers Wilson and Ely
of Atlanta were given $25 each to allow
Memphis to win those games and George
Winters was also bought. Winters en
abled us to win a game by misjudging a
fly that allowed Breitenstein a three-bag
ber and the deciding run."
Phyle is authority for the statement
| that the post-season championship scries
! between Little Rook and Memphis was
j prearranged so that the deciding game
' was played in Memphis before a Sunday
i crowd. Phyle has recently had trouble
I in settling with Manager Frank of the
locals a {id claims that mistreatment is
I responsible for him exposing the scandal.
Phyle’s statement has caused a sensa
tion in all Southern league cities on ac
count of many counter charges of brib
ery and "throwing" having been previ
ously made by the Little Rock and Mem
phis clubs.
6600 Gallons of Whisky Seized.
Greensboro. N. C., September 29.—Inter
nal revenue agents at Milton, Caswell
county, today made the largest seizure of
liquor known In th** history of the bureau
In North Carolina. Hix thousand gallons,
valued at $9t)0o, were seized by' Deputy
Collector Starbuck as the barrels were
being loaded on the train for shipment.
The 115 barrels were all properly stamped,
being seized for violation of the revenue
law. Officers decline to give the partic
ulars.
Premier Hedervary Resigns.
Budapest. September 29.—In consequence
of an adverse vote In the lower house of
the Hungarian diet today. Premier Hed
ervary again submitted his resignation
and telegraphed to Emperor Francis Jo
seph begging for Its acceptance. The
resignation of the premier will be for
mally announced in the lower house to
morrow.
WOMAN IDENTIFIED AS MIS FFIELD
AND CORONER’S JURY SAYS I
THEORY IS PLAUSIBLE
Was Very Despondent and Weak*
Minded, and Relatives Believe She
Went to the Lake, Stabbed Her
self and Leaped In Water.
The body of the woman found Sunday
morning In East Lake has at last befit
positively Identified as that of Miss Neilln
Shaffleld, about 35 years old, who liv-cl
with her two slBters and brother-in-law at
2521 Fifth avenue.
The Identification was mude yesterday
I'morning about 11 o'clock when her broth
| er-ln-law, A. L. Jackson and Coroner
I Paris carried some of the clothing of tha
j woman to the residence and it was tden
j tilled by the two sisters, Mrs. Jackson
and Miss Carrie Shaffleld.
Soon after the discovery of the Identity
Coroner Parts carried Mr. Jackson and
M. A. BunstoRd, an old friend of the fam
ily, before the coroner’s jury and after
listening to their statement a verdict of
suicide wns rendered. This knocked In tho
head all theories to murder, and practi
cally prevented any possible arrest In
connection with the supposed murder.
Wcands Made By Knife.
The verdict of the coroner's jury Is also
based on the post-mortem examination of
the wounds by Dr. T. A. Jones, of East
Luke, who declared that the wounds were
not from pistol bullets, but from u sharp
Instrument, supposed to he a knife. Tho
physician also stated that the wounds
were of such a nature that they could
have been Inflicted by the woman horse!!',
and that she would have lived long
enough enough after making them to
have U*own herself into the lake.
The verdict of the coroner's Jury has
put a stop to all Investigation, and while
many still stick to a murder theory the
case probably will never he Investigated
further.
Following Is the statement made by Dr.
Jones a few minutes .af^er conclusion of
the “ut.ipsy: ■JkM. ■ '
Dr. Jones’ Statement.
I “I made a thorough examination of the
I body of the woman and And that there
' are no bullet wounds. I am absolutely
certain that the wounds on her head were
inAleted by some sharp instrument.
“There were two wounds, one directly
under the chin, the other behind her fight
tar. The wound under her chin could
have been made by a sharp instrument
and not have prodipod death, as it is
only a Aesh wound, the blade not pene
trating far before striking a bone. There
is no doubt but that, the u'ound behind
the right ear was made with a sharp in
strument. This wound shows that the
jugular vein was severed, and in all
probability it caused death. Death would
not necessarily have been instantaneous
as it would have taken several minutes
to bleed to death. There are no other
physical marks on the body.
"From the wounds it would have been
possible for her to have committed sui
cide. The woman could have stabbed
herself under the chin, which proves to
be only a flesh wound. She could then
have stabbed herself behind the right ear
: and jumped into the water before she
i died.
The lacerated flesh behind the left ear
and In the eye. were not wounds, but in
all probability were made by flsh «r from
contact with a stump or rock In the wa
ter.
“I And that her body had not been dis
turbed in any way. The examination
shows thut the woman was pure."
Suicde Theory Argued.
Several tilings have come lo light which
substantiate to some extent the verdict
of suicide, although there are many per
sona familiar with the facts, and even
with these new features pointing to sui
cide, who do not believe that 'jit was any
thing but murder. The facts'pointing to
suicide are briefly as follows: .
For some time Miss Shaffield h\d been
despondent over the condition of heF «K»x* ’•
which were rapidly growing worse and
blindness was fast approaching her.
She was considered rather weak-minded
and ut times was very despondent.
She had a difficulty with her married
sinter at the house Friday morning be
fore she is supposed to have gone to Fast
Lake, and was in a very bad humor.
She was a woman who had little pleas
ure in life and to whom life seemed a
burden.
There is no seeming cause why any one
should wish to dispose of her, and the
physicians have pronounced her a virgin
and it is believed there could not have
been a man in the case.
According to the physician it was pos
sible for her to have stabbed herself
twice and thrown herself into the lake
before death came.
There is now no clew which would point
to murder.
She Left Home Friday.
Contrary to all the statements rnado
about the whereabouts of Miss Shaffield
on Thursday, she did not leave home un
! til Friday morning about 9::i<) o’clock, and
| she could not have been In the lake more
: than a few minutes when her hat was
' found on the lmnk by the little Cagle boy.
who picked it up about 11 o’clock, or a
few minutes afterwards.
It Is certain that she was at home on
Thursday afternoon, as neighbors and
| the people at the house saw her frequent
j ly. There was not time for her to have
! taken a trip to East Lake and returned
j before she was missed. It Is therefore
practically certain that she wpis not the
woman seen by several people on Thurs
day afternoon around East Lake with
I .in elderly white man.
Miss Shaffield was seen last on Friday
morning about 10 o’clock by her unmar
ried sister. Miss Carrie Shaffield. who
works at the Alabama Candy company
on Morris avenue and Twenty-fourth
i street. The sisters walked down to tho
office together and a few minutes later
Miss Nellie left, telling her sister good
bye. It Is supposed that she walked direct
, ly to First avenue, caught the East Lake
car and In a fit of despondency cut her
self twice and jumped into the lake.
Members of the family In Birmingham
did not become alarmed over her pro
longed absence as she was supposed to be
(Continued on Second Page)