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The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, September 06, 1913, Image 2

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Crazed Teacher Shoots lip
Mueihausen. Causing a
Small Panic—Finally
Mueihausen, Germany, September 5.
A crazed teacher named Wagner, who
murdered his wrife and four children at
Degerloch yesterday, set fire to the
village of Mueihausen in four places
during last night and in a fusillade
with the ciitzens who tried to capture
him seven persons were shot and killed
and nine wounded.
The man took refuge in a stable,
where he killed all the live stock. The
Baden authorities finally overpowered
him after he had exhausted all of the
26 cartridges with which lie was pro
The enraged German villagers
wreaked their vengeance upon him by
clubbing him and stabbing him with
pitchforks. Ho will probably die.
When he entered Mueihausen it was
known that he was a fugutive mur
It was only after the wildest scenes
which had been enacted here that the
police went to his chambers in Deger
loch, where he had been teaching, and
found bodies of his children and wife.
Doctors state of the 20 wounded by
Wagner five almost certainly will die
and six others are in conditions seri
After he set fire to the first dwelling
in tlie place, Wagner opened fire on
pedestrians or on persons appearing
in windows.
The villagers thought the place had
been attacked by robbers. Some vigor
ously rang church bells and others
dashed to the nearest barracks asking
for troops.
Meanwhile a village policeman
backed up by a posse rushed on Wag
ner. He stood In the center of the main
street, an army revolver In each hand
and another pair in his holsters.
The policeman was twice wounded by
bullets but continued to run toward
Wagner, although armed only with a
aabre. He finally felled the crazed man
while he was reloading his revolver.
Wagner continued t lie fight while
prostrate on the ground and wounded
the policeman a third time. Some peas
ants sought to stop him with rusted
weapons. After they reached him they
fractured Wagner’s skull and wounded i
a hand. A\*agner was said to have been
a heavy drinker but acquaintances in
the vicinity had no suspicion of men
He appears have deliberated over
the deed for a long while.
Before leaving Degerloch, where he
had killed his children and wife, he
sent a letter to a Stuttgart publica
tion in which he said:
"1 think there Is no God. I am the
devil's imp. I wish 1 could torture every
person within my reach, but L know 1
can't get all of them. l*ve slept for
years with a stllleto and revolver be
neath my head.”
Change Made to Secure At
tendance of Marshall,
Houston and Others
In order to secure the presence of Vice
president Marshall, cabinet officers and
other distinguished good roads speakers
to attend the annual meeting of the. Ala
bama Good Roads association in Mobile,
after consultation with the executive of
ficers of the association and the Mobile
Chamber of Commerce, President John
. Craft and Secretary J. A. Rountree have
f announced that the association will as
semble in Mobile on Thursday, Friday
and Saturday, November 20, 21 and 22,
Instead of December 3, 4 and 5.
President Craft lias just returned from
Washington, and in company with Sen
ators Bankhead and Clayton and other
members of the Alabama delegation,
called upon Vice President Marshall. Sec
retaries Houston, Burleson rtnd McAdoo
and extended a cordial Invitation to at
tend the annual meeting of the associa
They all expressed a desire to be pres
ent, but on account of Congress assem
bling on December 1 tlfey could not ac
cept the invitation. Consequently, the
change of date was made, it is now be
lieved that they will attend. Every indi
cation points to a great meeting at Mo
bile. as active work is being done to pro
mote it.
Church Swept by Fire
Boston, September 5.—Tim Bullfinch
Tlace imitation church, one of the old
est church edifices in the United States,
was swept by fire today causing a loss
of $50,000. The flames looked so seri
ous for a while that the guests were
routed from their beds in the nearby
"West End hotels.
Arouses the Liver and Purifies the
The Old Standard general strengthen
ing tonic, GROVE'S TASTELESS chill
tonic, arouses the liver to action, drives
Malaria out of the blood and builds up
the system. For adults and children. 50c.
-- ■ —,
“The Call of the Heart”!
. I-1
(4® >KXT M'lSBK
‘‘The Circus Girl”
ertaaa 13c, 25c, 85c, 50c. Phone 1143
Klaeiuacolor Picture
1An Matloee 7i80—Mu hi-—8:00
iVt Pally 2:80 10c, 20c, 30c, 40c
Re-crveil Naeta let
•wt Hon
m i
' -
! “ ' --— - ■ ...
.lariicc of <he city court, who tin* nn
noiinrcil hi* reMiicunI Ion, effective Oc*
tober I.
JOHN t. 1*1 OH
Former jmlpp of flic circuit court,
who In an applicant for the priaitlon to
he vacated on the city court bench.
Member of lejglnlature nod well
known attorney* who In no fippllcniit
for city court judicenhlii.
judge c. c. Nesmith has authorized
The Age-Herald to announce that he will
resign his position on the bench of the
city court October 1, and that he will on
that date form a partnership in the prac
tice of law with Col. Jesse F. Stallings.
Already for the position to he vacated
there are two applicants, Thomas J.
Judge and John C. Pugh. Each has al
ready secured a number of indorsements
from members of the Birmingham bar.
Mr. Judge is a member of the legislature
and lias always stood for the policies of
state advocated by the governor. Judge
Pugh, formerly judge of the circuit court,
was secretary of the campaign commit
tee which led the successful light for the
nomination of Governor O’Neal.
No sooner was the announcement of the
resignation of Nesmith authorized than
the boom for judge got under way. Later
in the evening Judge Pugh announced
that lie would be an applicant for the po
sition ami last night Von L. Thompson
also announced that he is a candidate.
• •••l»*»M**MM**»M*M*MM**«**'«**(*(f***'"******
The resignation of .Judge Nesmith will
take everybody by surprise. He was ap
pointed judge by Governor Jelks in Jan
uary, 1907, and was iater elected by the
legislature. In 1908 he was elected by the
people for a term to he concluded In No
vember, 1914. It was the general under
standing that for re-election he would
have no opposition.
.Judge Nesmith states that lie reached
the c onclusion that he could serve his own
interests better in the practice of law than
on the bench. He was a partner of
Colonel Stallings prior to his election to
the bench, and was considered one of the
most successful lawyers of Birmingham.
There have been an unusual number
of changes In the well known law firms of
the city this summer. In addition to
the usual number of young attorneys
who are graduated every year, there has
been a general realignment, among well
established firms. Among those which
have been announced are the following:
J. L*. Drennen, formerly of Stallings &
!•(>•••••••.»•• ••••■••••••aaaenteoasaaiaotaa
Drennen, has become associated with the
firm of Gaston & Pettus as junior mem
ber. The firm name is now Gaston. Pet
tus & Drennen.
C. P. Beddow, formerly of Harsh. Bed
dow & Hitts, will on October 1, form a
partnership with Leo Oberdorfer. The
style of the firm will be Beddow & Ob^r
dorfer. Roderick Beddow, a son of Mr.
Beddow, will also be in the firm. The
yoi nger Mr. Beddow graduated this year.
Frank Dominick, formerly wtth Tillman,
i Bradley & Morrow will in future be with
J. T. Stokely as an associate. There will
be no change in the style of the firm.
The firms of Allen * Bell and Burgin.
Jenkins & Brown have been consolidated,
tile style of tiie new firm to be Allen &
Judge Hugo Black, formerly city re
corder, and William H. Sadler, formerly
with Allen & Bell, nave formed a part
nership. The association began Septem
I ber 1.
South Carolina Fosse Hunts
for Masked Robbers.
Reward Offered
Columbia, S. O.. September 5.—Three
men, each armed with two revolvers,
this afternoon held up a deputy sheriff
and two employes of the .1. (7. White
Construction company at Parr Shoals,
20 miles from here, and took from them
$16,000 in currency, which had reen in
tended to meet the pay roll or the
company, which is building a huge
power dam there. Tonight 700 em
ployes of the company, together with
the sheriff and deputies of four coun
ties with bloodhounds, are hunting for
the robbers. J. C. Joyner, the deputy
sheriff, resisted the bandits and was
shot, tin* bullet taking effect in the
thigh, ills wound is not serious.
The robbery occurred just after Pay
master Mahar, with Fred Bultmau, as
sistant cashier, and Deputy Joyner had
taken the money from the express office
at Parr Shoals. To reach the construc
tion company’s office, where the money
was to be. distributed, they had to go
clown the railway track through a deep
cut. As the three were passing a box
car which was standing on the railway
track, a trio of men, their faces blacked
to disguise them, stepped out and cov
ered the money bearing party. Deputy
Joyner ^cached for his gun and the rob
bers opened fire. Joyner fell, shot
through the thigh, and the other'*, realiz
ing the futility of resistance with their
assailants in so strong a position, yielded.
Tile robbers took the sack containing the
money and made off into the woods.
The White Construction company lias
offered a reward of $600 for the capture
of the three bandits, but so far the offi
cers are without a due.
Night and Day Shifts Working to |
Prepare for Opening of
Mar!*bn, September R.—(Special.) |
Night and day shifts are now working
at the Marlon institute to prepare for
the opening of t lie session next
Wednesday and to provide additional
accommodations for the unprecedented
enrollment of students.
Professor Miller, from Washington
and Lee, arrived today, with Professor
Johnson of Harvard and Professor Kop
pius from the University of Chicago.
The remaining members of the faculty
will report by Monday for the advance
matriculation and classification.
The first day s work begins next
Wednesday, (.’each Carter reports much
athletic material of promise. The Texas
delegation will furnish some football
stars, according to their school records.
The Perry county teachers’ insti
tute closed today after the largest at
tendance on record. Last night Presi
dent and Mrs. H. O. Murfee gave a re
ception tt» the teachers at their home,
Prospect Place.
Man Wanted for Theft in Pickens
Apprehended—John Dodd Is
Painfully Hurt
Haleyville, September 5.—(Special.! -A !
n an Riving Ills name an 11. G. McDon- I
aid of Columbus, .Wes., atayed all njgiit I
with Filo Dodd of near Natural Bridge.
In the morning he made some excuse of
changing his mind and offered his horse
and buggy for sale. A trade was made
for $40 cash and the balance to be paid in
the fall. A check for the amount was ;
given and the party came on to Haley- j
villa to cash it.
Meatywhile a telephone message came
in to arest a man with a stolen horse and
buggy, with a reward of $25 for his cap
ture. He was caught Rt Haekleburc.
officers have gone today to bring him
back. The horse and buggy was stolen
from some place in Pickens.
John Dodd, one of the wealthiest citi
zens #of the county, met with a severe
accident last Sunday. His mule was
scared by the train near the lee factory
and ran away, throwing him out of the
wagon. At first it was thought he was
fatally hurt, hut h* is slowly recovering.
His little grandchild was also throvn
cut, but was not injured.
-- ■
| Quo Warranto Proceedings Against Montgomery Light and
Power Company Instituted in Montgomery By Daniel W.
Troy on Grounds Concern is Not Complying With Stat
ute in Reference to Payment of a Franchise Tax.
Ouster Proceedings Likely to Establish Prec
edent for Southern States
Montgomery, September 5.—(Special.)
Quo warranto proceedings against the
Montgomery Light and Water Power
company, looking to the ejectment of
that corporation from the state on the
grounds that it is not complying with
tlie statute in reference to the payment of
j a franchise tax were today institute® in
[the Montgomery circuit court by Daniel
l W. Troy, special counsel for the state.
The ouster proceedings against the
.Montgomery Light and Water Power com
pany are the first of the kind ever insti
tuted in an Alabama court, and are likely
to establish a precedent not only for this
state, but! for e ther southern states.
In Ins bill of complaint, Special Counsel
Troy endeavors to show that the Mont
gomery Light and Water Power company,
which o\yns capital and does business in
Montgomery, Elmore and Tallapoosa
^purities, has been in the habit of paying
5 franchise tax only on about one-third of
its property in the three counties, where
as the law specifies that the franchise tax
shall be assessed on the full capital or
stock employed.
The bill sets out that the company paid
an ad valorem tax for 1913 on $769,510,
which, on the basis of 60 per rent, rep
ifsents a property valaution of $1,267,566.
The ad valorem tax for J911 and 31*11; was
assessed on about $840,000 worth of prop
In reference to the franchise tax paid
by the company lor 1913, the bill declares
that the tax was only for such an amount
“as under section 12 of the acts of 1911
could have been due from it on a capital
employed or to be employed In the state
ot $401,740.”
The complaint is addressed to Judge W.
Pearson of the Montgomery circuit
court, and in conclusion requests “th^; a
summons issue to Montgomery Light and
Water Power company requiring it with
in tio1 time provided by law to appear
and show by what warrant and authority
it exercises and has exercised the fran
chise ol doing business as a foreign cor
poration and a public, service Corporation
within the state of Alabama, and by
what variant and authority it has done
and does business within the state of Ala
bama without compliance with said sec
tions 12 and 33G of said act of March 31,
l!Ml, and show what cause, if any it can,
why it should not be excluded by a judg
ment of ouster by this court from exercis
ing said franchise and from doing busi
ness within the state of Alabama.”
The grounds on which the special coun
sel seeks to have the corporation ejected
from the state are that the power com
pany -has not complied with sections 12
and 33G of the revenue act of 1911, which,
makes it “unlawful for any person, firm
oi corporation to engage in or carry on
business or any act for which a license
or franchise tax is by law required with
out. first having paid for or taken out a
license as provided by law.”
The bill specifies that the Montgomery
Light and Power company he given 10
days in which to appear in court and an
swer to the charges that it ia engaged in
business in the state in violation of the
The proceedings are the first of their
kind instituted against a foreign corpora
tion doing business in Alabama, and the
outcome of the case is expected to set
a precedent for litigation of a similar
character against other corporations.
Cupalo of Gay Home Struck.
Heavy Rain Prevents
Selma, September 5.—-(Special.)—A
bolt of lightning struck the cupalo of
the residence of Dr. S. G. Gay on Dal
las avenue About 4 o'clock Friday aft
ernoon during a thunderstorm.The shock
tore the greater portion of the shingles
from the roof, but as a heavy rain was
falling at the time, the residence was
not set a flip.
At the time the lightning struck,
Mrs. Gay and daughter and several
friends were in the house, and while
no one was injured they all experienced
the sensation of the shock.
Enters Protest Against Validity of
Claims Against Bonds, Part of
Which Have Been Stolen
September 16 has been set as the date
of the hearing of the protest of James
Btwron, president of the Standard Steel
company, against the validity of claims
against $188,000 first mortgage bonds. The
hearing will be before Referee in Bank
ruptcy E. II. Dryer as the case is in
connection with the old Southern Iron and
Steel company bankruptcy case.
Mr. Bowron alleges that $40,000 worth of
the bonds were stolen while in the pos
session of Cecil Grenfel in New York.
The clerk who was guilty *of the theft
is serving a sentence in Sing Sing prison
for the theft, it is said. He further
claims that the remainder of the bonds
were pledged as collateral by the bank
rupt concern to secure an advance for
the purchase of the Lacey-Buek Irou com*
Thomas F. Allington’s Over
turned Boat Found
at Lock 9
Florence. September 5.—(Special.)
This morning at 6 o’clock Thomas F.
Alllngton, a man who lias been en
gaged in the fishery business for some
time, was drowned at Lock 9 at the
.Muscle Shoals canal. A search for him
was made but with no avail. It is sup
posed he was drowned. Men are drag
ging the river and every effort is be
ing made to secure his body .
Yesterday a judgment was rendered
by the circuit court for $5400 in the
case of F. M. Perry against George'
Young. The 'siift waa made on an old
note given by the North Alabama Con
struction company and indorsed by
George Young. The defendant will ap
peal the case.
Tolcio. September 5.—An attempt was
made today to assassinate M. Moritaro
Abe. director of the political bureau of
the .Japanese foreign office. Stabbed in
the abdomen, he is suffering from a
severe wound.
Merrill Severely Burned
Boothbay Harbor, Me., September 5.
Rev. Samuel' Pierre Merrill of Roches
ter, for 20 years secretary .of the Roch
ester Theological seminary, was se
verely, burned early today while fight
ing a fire In hia Bummer home at
Squirrel Island. He advanced Into the
v.-ry midst of the flames. His 7S ye%rs
renders his injuries serious.
Willard Nominated
Washington, September 5.—Joseph E.
Willard of Virginia already nominated
and confirmed as minister to Spain was
nominated today to he ambassador, to
meet the action of Congress.’ which re
cently raised the legation at Madrid
lo an embassy.
A Sale of White Oxfords
And Pumps for Less
This big store makes it possible for you now to
buy the season’s best styles in white oxfords at a
very great saving and assures you a perfect fit
and full satisfaction.
Buttons, pumps and straps are shown
$1.75 Quality.$1.45
$2.50 Quality.$1.95
$3.00 Quality.$2.45
! $3.50 Quality......$2.95
/f/A/f FOOrW£AR^
-—--- ■ 1,1 ■ ....i ,
U. St Department of Agriculture.
29,7T^-> -
offlrr Vme- *,r Pteosu™ reduced to sea lerel. Isobar* (continuous lines) pass through 'point*
equal air pressure. Isotherms (dotted lines) pass through points of equal temperature; drawn only for tero. freeilng, SO®. andlOO®.
V Iear>~ W partly cloudy; ® cloudy; ©rain; © snow; ® report missing. Arrows fly with the wind. First figures, highest
temperature past 1. hours; second, precipitation of .01 inch ot more for past 24 hours: third, maximum wind Telocity.
Weather Forecast
Washington, September 5.—B'orecast for
Alabama: Showers Saturday and prob
ably Sunday; moderate east winds.
Georgia: Local rains Saturday anil
probably Sunday; light to moderate east
Mississippi: Cloudy, probably showers
near the coast Saturday and Sunday; light
to moderate variable winds.
Local Data
For the 24 hours ending at 7 p. ni. Sep
tember 5:
Highest temperature . 79
Lowest temperature. 09
Mean temperature . 71
Normal temperature . 77
Else cess temperature Mnce Jan. 1. 02
Beirfall . l.w
Total rainfall since Jan. 1.37..‘US
Excess rainfall since Jan. 1.l.Aa
Relative humidity 7 a. m., 93; 7 p. m., 86.
Weather Conditions
Birmingham, September 5.—(7 P. M.)
The pressure continues relatively low
over the gulf sections on tonight's map
and as a result rains have been quite
general oughout the gulf and south
Atlantic states during the past 24 hours.
The amounts have been heavy at the
following stations: Birmingham, 1 inch;
Bur wood. 1.08 inohes; Apalachicola, 1.44
inches; Jacksonville, 1.12 inches; Charles
ton, 3.56 inches; Raleigh, 1.60 inches, and
New York, 3.38 inches. Fair weather pre
vailed throughout the interior of the coun
try generally.
Temperatures have changed but little
during the past 24 hours over the country
as a whole. High readings continue over
most of the plains states, Des Moines,
Oklahoma and Huron reporting maximum
temperatures of 100 degrees or higher.
Fast of the Mississippi river the weather
has been moderate, especially in southern
and eastern districts.
Rain was quite general over most of
the cotton belt since Thursday night. No
rains were reported in Arkansas, Okla
homa or western Tennessee, and the
amounts over most of Texas were light.
Temperatures w-ere below normal for
the season in many districts.
Summary of observations made at
United States Weather Bureau stations
September 5, 1913:
At for
7 p.m. day.
Abilene, clear . 92 66
Apalachicola, cloudy . 76 72
Atlanta, cloudy ... 70 68
Atlantic City, cloudy . 76 74
Baltimore, clear . 82 ^ 72
Birmingham, cloudy . 74 ’ 69
Boise, clear . 76 58
Boston, clear . 58 54
Brownsville, cloudy . 82 70
Buffalo, clear . 64 n(J
BUVwood, partly cloudy . 78 78
Calgary, partly clofldy —. 58 46
Charleston, partly cloudy. 74 74
Chicago, dear . 74 68
Corpus Christ!, partly cloudy.... 84 74
Denver, clear . 82 54
Des Moines, partly cloudy. 86 72
Dodge City, clear . 88 66
Duluth, cloudy . 56 52
Durango,^cloudy . 68 54
Eastport, clear. 52 48
Galveston, partly cloudy . 84 74
Green Bay. cloudy . 72 60
Hatteras, clear . 76 74
Havre, clear . 78 52
Helena, clear . 74 56
Huron, clear . 82 66
Jacksonville, rain . 76 74
Kamloops, partly cloudy . 66 60
Kansas City, clear . 92 78
Knoxville, cloudy . 80 68
Louisville, clear . 86 , 70
Memphis, partly cloudy . 80 ' 72
Miami, cloudy . 80 76
Mobile, cloudy . 7« 74
Modena, cloudy . 82 50
Montgomery, cloudy . 74 70
Montreal, clear . 56 50
Moorhead, partly cloudy . 84 62
<Xew Orleans, partly cloudy .... SO
New York, rain . 94 66
North Platte, clear. 90 92
Oklahoma, partly cloudy . 94 70
Palestine, ruin . 74 7i
Parry Sound, clear . 90 60
Phoenix, clear . 82 90
Pittsburg, clear . 82 99
Portland, clear . 98 60
Raleigh, clear . 74 70
Rapid City, partly cloudy . 89 94
Roseburg. clear . 72 69
Roswell, cloudy . 72 68
Sait l.ake City, clear . 84
San Diego, partly cloudy .... 70 94
San Francisco, clear . 94 58
| Sault Ste. Marie, clear . «2 lx
; Seattle, partly cloudy .62 66
Sheridan, clear ... 86 4X
Shreveport, cloudy . 92 76 #
Spokane, clear . 68 56
St. Louis, clear . 88 68 i
St. Paul, clear . 90 70
Swift Current, clear . 78 52
Tampa, cloudy . 74 72
Toledo, clear . 66 62
Washington, clear . so 73
Willistoii, clear . 68
.Winnemucca, clear . 82 48
Winnipeg, partly cloudy . 72 62
E. C. HORTON, Local Forecaster.
Will Probably Answer Hob
son’s Recent Attack
Montgomery, September S —(Special.)
Characterizing Capt. Richmond Pearson
Hobson's latest attack upon Governor
O'Neal as a remarkable and unwar
ranted display of billingsgate, many
state officials called at the office of the
governor today and expressed extreme in
dignation over tile course pursued by the
representative from the Sixtti Congres
sional district in his reply to the state
ment issued by the executive about two
weeks ago.
Captain Hobson is believed to have
made not only a serious mistake in his
reply to the governor, but it is generally
agreed that his statement is destined to
cost him many thousands of votes. The
representative from the Sixth district has
a number of friends at the capitol, and
tlic.se were unanimous tn condemning the
tactics he used in his latest reply to the
Governor O’Neal will answer Captain
Hobson. His statement will be brief and
may not be issued for several days. The
governor declined to say today what
course lie would pursue, but intimated
that Cauptain Hobson had resorted to A
tactics to which he could not, out of re* m
spect to the dignity of his office, possibly jfl
The governor was in conference wilTt&fl
several of his close friends and adviserd|B
today, and it is understood that they”^
have advised a short, dignified reply. It
is more than probable that the governor
v ill answer Captain Hobson's attack Sat
Probably no man in public life has is
sued a statement in Alabama within the
past decade that has provoked so much
comment In official circles as Captain
Hobson's latest reply to Governor O’Neal.
The statement as a whole haR been se
verely ( criticized, the most common ex
pression heard with reference to It being
“billingsgate,’* and the comment having
been so general as to leave little room
for doubt that the officials at the capitol
are erftirely with the governor iri the
controversy, and that the hero of the
Merwimac 1h being condemned In tilt
strongest possible terms.
At the Shop of Quality
Today You Men Can
Buy, Our Good Clothes
at Exactly 1-2 Price
$15.00 Suits now.$7.50
$20.00 Suits now..$10.00
$25.00 Suits now...$12.50
$30.00 Suits now.$15.00
All sizes, all styles and the regular good quality you al
ways find at this store—simply must close out spring and
summer weights.
—We still have a fairly good stock mohairs and other
light weight summer clothes and all are on.sale at half
price. *
Furnishings 25% Off
Yeatman & Baugh
Shop of Quality 1902 2d Ave.
_ _n-TTMM.1 - V ? ■

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