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155 SJBPATCB ?OUNDS? UM TITS TIMES roUNDBD tot WHOLE NUMBER 18,754. RICHMOND, VA., TUESDAY, SEPTEMBER 26, 1911. TM? WEATHBB TOJ)AT-Me. PRICE TWO GENTS. EXPLOSION WRECKS FRENCH BATTLESHIP AND LIVES OF400 MEN ARE BLOTTED OUT Liberte, tne Pride of France's Navy, I3 Totally Destroyed, VESSEL NOW BUT TWiSTtD MASfc Frightful Scenes Enacted Before Eyes of People of Toulon?Sea? men in Rescuing Boats Sunk by Debris or Sucked Down in Mael? strom. Toulon, September U5.?The battle- j ship Llberte waa torn apart and totally destroyed by an ezploalon or her m>|> slnes to-day. Nearly 400 offlcera and men were killed. The battleahlp Re publlque waa hadlr damaged, and th. bar.tleehlpa Dtnotri> and Verlte alan Buffered severely from the niaaara of twisted Iron and ariuor plate that were burled upon their decke. This It the greatest disaster that has ever fallen upon the French navy, and In magnitude Is almost without prece? dent In the annuals of the world'i righting ships. The grief which pros trates the fleet and nation Is mad> more Intense by the memory of th/ recent review here, a notable display of France's r.avai greatness, In which the doomed ship was one of the finest figures. Fire Causea Destruction. The explosion which wiped out on? cf France's newest and most powerful battleships, occurred at 5:53 o'clock In the morning. It was preceded by an.) was the result of an outbreak of Are. The flames spread rapidly In spite nl all efforts to master them and reached the magazines before there was Mm-1 to flood them. The magazines ex? ploded with a uemendous violence, cowing death and destruction in every direction. While the naval authorities esci tn'ate the killed at 300. It Is reared that this figure will be exceeded. it will be necessary to go through t<he ship's muster rolls, a task of several days, before a full list of the victims can oe Prepared. A number of men already have been extricated alive from the fantastically torn and twisted mass ol ?wreckage which once was the Llberte and the hope Is utrong thu there an others within tbe broken hulk who car lie reach?4 Hxeetfy from what cause or when ? he (Vre broke out has not been estab, itshed. but It la believed that it had ?moldared for several. hours. Of th? vessel's full complement?742?Captain Jaures. brother of .the Socialist leader, and' tbe second, officer In command, were both ashore on leave, as well as lib officers and men The command ol the ship devolved on the senior lieu? tenant, who perished. The Arc was first discovered at 4 A. M.. and the bu? gles Immediately sounded the alarm. The crew rushed to quarters and fought desperately the spreading flames, bu It soon was evident that the dre haa obtained a Arm hold. Signals of die tress were flashed to the orher ships and these dispatched steam pinnaces and launches at full speed to assist ir. the . work of extinguishing the flames and rescuing the men. Bur their ser? vices were of little avsll. Ordered to Leap for Ltree. The position of the Are made It Im? possible to flood the magazines. Never? theless efforts to do so were made, and finally the commanding officer, reallz lng that the ship was doomed, ordered the bugler to sound the "suave qul peut" (Let him save himself who can) and shouted to the men to Jump foi their lives. At- 5:35 the first explosion occurred. Ip was followed by three others at nne-mlnute intervals. Then came the linal terrific detonation, which shat? tered the windows of the entire city, and was heard for a radius of many miles. The Llberte was rent- asunder: her bows were thrown high Into the air. and then the vessel slowly settled down, and In nineteen minutes noth? ing was visible but the top works. Those still on deck were hurled sky Ward amid a shower of Iron and steel The boats of the rescuers were sunk, and serious damage, was done to the Republlque. which lay at anchor close by- Two of h.?r decks were, stove In and one of the. Llberte's armor plates was hurled against' her port sid>- and demolished the cabin of an absent en? sign. For a few minutes after the rtnal ex? plosion an intense black cloja of smoke hovered over the harbor. When It shifted a horrible spectacle met the| eyes of the people of Toulon, who. awakened by the first explosions, had hurried to the. shore. The twisted up? per works of the battleship were pro? truding from a mass of formlos, wreckage, among which struggled thai seamen from rescuing boats that hadj been sunk by the flying debris or suck ad down In the maelstrom. May Reach too. Late to-night the naval authorities declared that the number of victims Is greater than at first appeared. The official estimate Is now given as be tween 360 and 400 dead or missing. The work of rescue was quickly be gun. An ambulance station was in , staled in the arsenal and Admirr.l Marln-Dasbel. maritime prefect, went I out to Che wreck and auperlnten led, the work of extricating those Imprls- j oned under the shattered steel. The Brst body recovered was that of an I Bfflcer, which was hauled from under j an awning with a boathook. Up to| this evening forty bodies have been! taken out and ninety-four Injured have| been transferred to the hospital. Electric shears, to cut through the] plates of the Llberte. and a powerful floating crane to lift "the masses of! steel, were used' In conjunction with; a-crew of divers who are at work ex-1 plorlng the interior of the hull. This afternoon the Llberte appeared as if her bows had doubled over onto the rtern- Men burled in that part of the '(Continued on Second Pace.) "* THE 1-II1EIITK. ITALIANS DEMAND TAKING OFTRtPOLi Only Discordant Note Comes From Section oi Socialists. PEOPLE RALLY TO COLORS Troops Being Mobilized, and Country Is Prepared for War. Chlasso. Switzerland, September 25 ? According to the latest advices re? ceived here, all of Italy, except a s*.c I tlon of Socialists, demands the speedy occupation of Tripoli. The Socialists argue that Italy Is not sufficiently pre | pared to stand the heavy expenses re j quired to enter colonial competition. I Meantime the Italian government Is I taking advantage of the present oppor? tunity to experiment In the partl',1 I inotoiltiatiop of troops. The entire [ fleet Is ready for war. Including the ! fcmal'est ind th<? oide?t s'iiP-'- Uirif CJ.tst fortifications have-Veen st.-?:ig:htned snd sixty mi.?m.urs ha'e been chattered for the irm^port of ,!>,0C9 soldiers war material. friV.-lio mos and ji'lglhles end Red Cross /.?o'-hters. Tne contin gent of ?oMIefs kept In s'rvl.-e aftjr their time 't;l exp.re'l, with the re? serve called up. brings the standing army to 8O.fi0n above normvl. The troops intended for Tripoli are centred chiefly In the Naples. Sicily ond Ti ranto barracks The expeditionary force. In add.tlon to the Infantry. Includes fojr bat;etie> o; mountain artlllerv. Desiring to have all regions and regl mfmt represented !n tue expeditions, the oolo> ?Is had thetr respective 'egi ments drawn up and asked thai thr?e ready to go should step forward. In? variably all the men advanced, cheer? ing enthusiastically. Many re^er* Ists hs-' -t asBcd to be called to <he nlors SMUGGLERS CAUGHT Thry Used Rubber Stocking and Miicb Ur-Pocketed 1'ettlroat. New York. September 25.?A rubhei stocking and a petticoat with twenty five pockets In it are the means by i which Rudolph Newman, a Chlcage jeweler, and his wife ere alleged to have tried to smuggle diamonds and other precious stones and jewelry Into this country to-day. The couple ar? rived on the steamship New Amster ' dam. Of the Holland-American line, ac I companleti by two small children. Newman, when arraigned before United States Commissioner Russ. furnished $2,000 bail, while Mrs. Newman was paroled on her own recognizance on account of her two children, who need? ed her care. 1 There has not. according to the cus? toms authorities, been such a -flagrant case of alleged smuggling reported at the custom house In months past, or. j In fact, since the rigid system adopted I by Collector Lbeb went into effect. In the rubber stocking, which Newman wore tied about the lower portion of his body, the customs officials say they found a quantity of uncut diamonds, valued al about $1,500, and In the jockets of his wife's petticoat numer? ous packages of small jewelry and a number of garnets and other stones, said to be worfrT about $5,000. All the Jewels were seized. Had It not been for the. fact that Newman was under suspicion because of his frequent trips to K'urope. the gems probably would have remained i undetected, the officials said, so art? fully were they concealed. EXCITEMENT IS FATAL Wealthy Cltisen Falle Dead After nn Altercation. Rcattyvllle, Ky? September 25.? l.ouis Racener, a wealthy citizen of 1 Boonevllle, ICy., dropper dead here to 1 day after a violent altercation with a man who accused Racener'e children of throwing stones at his home. Ra i cencr denied the charge vehemently and grappled with the man. When I bystanders separated them Racener fell dead. .lust before, the quarrel Ra? cener had finished his duties as a Juryman on a jury whlah sentenced the defendant in n murder case, to 1 twenty-one years In the penitentiary. j ? ELECTION DATE FIXED Mexico Will Vote for President On Oc. toher J. Mexico Clly, Ilex., September 25. Mexico's presidential election will be 1 held on October 1. the' date rlxed by 1 official decree. Petitions for postpone? ment were rejected to-night both by j the Senate and the Chnmber of Depu I tics. In both houses the majority I against delaying the election was 'large, that In the chamber being 148. - ! .Wickersham Proposes No Indis? criminate Attack Against All Prosperous Concerns. HE ISSUES STATEMENT ? Refuses to Talk of Possible Prosecution of United States Steel Corporation. New York. September 25. ? Attorney General Wlckersham to-night, in re? sponse to many Inquiries regarding the possible prosecution of the United ; States Stoel Corporation, made a state- , ment, which in part is as follows: "It has been the consistent policy of the department not to state in ad- j vance of actual proceedings that ac? tion against any particular party was i in contemplation. There are many reasons why this is the proper position to maintain. In the first place, until investfgatlon is complete It Is not known whether a case of violation of law exists, and. in the second place, the character of the proceedings- can? not be determined until then, and If the facts shall require criminal pro? ceedings to be resorted to. ordinary prudence would demand that publicity be not given to that fact until Indict? ments are found. "Personally, I should much prefer that business interests should them? selves so readjust their organizations as to remove all possible criticism con? cerning their legality, than that the Department of Justice should have to conduct legal proceedings to compel such readjustmenL "It cannot be too positively stated that the department is not inaugurat? ing a campaign against business In? terests of th?- country or an Indis? criminate attack on all large prosper? ous concerns. On the contrary, the care and caution with which the law officers of the government ere pro? ceeding to the examination of each ! case should be a guarantee to the j country that the department Is propos? ing to enforce the law with care not to unnecessarily Injure any Interests"! Conference Concluded. New York. September 25.?At the conclusion of the conference on the reorganization of the American To bacco Company to-day, Attorney-Gen? eral Wlckersham SO Id that he could not be sure when the petition setting forth the proposed plan for dissolu? tion would he tiled with the United States Circuit Court, but that he did not think any further conferences would be necessary. Public hearings will be held as soon 9s the petition from the tobacco company is re? ceived. J. P. Richardson fz Co.. a North Carolina subsidiary of the American Tobacco Company, which began suit for separation from the company some time before the recent Supreme Court decision was handed down, will tile a petition before October Z, it was an? nounced, for complote segregation from the parent company in conjunc? tion with the final dissolution plan. BODIES ARE REINTERRED Itemaln? of >nval Officers Not Brought to United State*. Washington. D. C, September 25.? Passage of time has eliminatd all trace of any relatives of five American navul officers and suilors who died years ago from yellow fever In tho harbor of Panama. The men were Commander Leonard Puulding, com? manding the United States ship Wa teroe; Lieutenant JoHeph W. Harris, of the Lancaster; Apothecary George Hale, of the Tuscarora; Marine Thos. Collins and Coal Passer Andrew Blast: kowski. of the Philadelphia. Their bones recently were exhumed on the Island of Flamcnce. or Dead Man's Island, In the Bay of Panama, and it was thought that they might be trans? ferred for burial to the United States. Under the circumstances, however, thov have been relnu>rred in the new gov? ernment cemetery at Ancon. where tho graves will be permanently cared for by the United Stutes government. MRS. LAURA J. ARNOLD DEAD Only Sinter of the Late General Stone ivnll Jnckson Panne* Away." Buokhannon, W, Va., September 25.? Mrs. Laura J. Arnold, tho only sister of, the late General "Stonewall" Jack? son, died (yesterday at the City Hos? pital hero. Mrs. Arnold was eighty five years old, and was active until wUhln a fow weeks of her death. She was horn In Clarksburg, Va., now West Virginia, In 1826, and was married In 18.'3 to the late Jonathan Arnold, of Beverly, Randolph oounty. EXPECT 10 MAKE TIE-UP COMPLETE .Employes of Illinois Central Leave Their Desks and Tools. CLERKS HAVE QUIT WORK Walkout Believed to Be Initia tory Movement of Organ? ized Labor. Memphis. Tenn., September 25.?If an order issued late to-day by J. J. Lor rlgan. president of the clerks' union of the Illinois Central Railroad, is obeyed, all members of that organiza? tion south of the Ohio River will be on strike to-morrow morning. In Memphis not only the clvks, but prac? tically every" member of tne employes' federation In the local freight sheds and shops of the Illinois Central and Yazoo and Mississippi Valley rpads left their desks and tools. The walkout of the shopmen at Memphis Is Initia? tory to a general movement of or? ganized labor on the Illinois Central and its subsidiary lines. It Is believed Corrlgan. who has established tem? porary headquarters in Memphis, ex? plains the walkout of the clerks as a direct result of the Inability of the union officials to effect an agreement with the railroad. Representatives of the striking em? ployes assert that the tie-up will be complete. S. S. Xorrls. superintendent of the Illinois Central, declares that by to-morrow the railroad w-ill be in a position to cope with the situation. Dispatches from Union omaials on the lines south of Memphis state that the order to strike was obeyed by the clerks almost to a man. At Jackson, MJss., seventy-eight n\en are reported to have quit work; at Vlekshurg thirty went out and at Natchez eight. Mc Comb City, Yazoo City, Greenwood, Clarksdale and Greenville, Misa, are other points where more than 90 per cent of the men are said to have struck- At New Orleans 300 are out Kxeept at Memphis the strike did not extend to the shopmen to-day. BRIDE-ELECT ARRIVES Mlaa Hopwood In In Ion town for Mar riant to tintea. Uniontown. Pa., September 26.?Miss Florenco Hopwood, of Minneapolis, whose marriage to Charles G. Gates, son of the late John W. Gates, wiP take place here Wednesday evening, arrived In Uniontown to-day accom? panied by her parents. Mr. and Mrs. F. T. Hopwood. and her two brothers, R. G. and Wtirren Hopwood. They ars guests of Robert F. Hopwood, at whose residence the ceremony will be per? formed. The wedding, owing to the recent death of Mr. Gates's father, will be witnessed by none but the lmmediatt families of the contracting parties. Charles Gales will reach here Wed? nesday morning. ST0RR0W GIVES BAIL Iudtctcd Stockholder In Shoe Machinery Company at Liberty. Boston, Mass. September 25.?James Storrow, a heavy stockholder In tha L'nlted Shoe Machinery Company and a former director, who was Indicted with five other officials by the Federal grand jury last week, furnished $10,000 bail In the United States Clrcu.e Court to-day. As in the case of the three others who were In court last week, Mr. Storrow was not asked to plead to the Indictments, charging a violation of tho antitrust law. STOLYPIN'S SLAYER HANGED IloKrofT Hefusra to Talk to Rabbi kt Prearnec of OfHclaln. Kiev, September 25.?Dmitry Bog roff, the assassin of Premier Stolypin, who was conelemncd to death by court-martial, was hanged to-day. Before his execution the young man asked that he might see a rabbi, but refused this consolation when Inform? ed that the Interview must be in the presence of the officials. MANY NEW CHURCHES Five Thousand Have Sprung L'p From Sunday .Schools. Akron. O.. ?September 25.?Reporis were submitted at to-day's conferen<:o of missionaries o? the Central District. American Sunday School Union, show? ing that 5,000 churches have sprung up from schools established by the union. Great progress was reported In the organization of Pennsylvania mining districts and Michigan lumber camps The convention closes to-morrow. Pleas >d With Warmth of Reception Given by Progressive Kansans. Sir EiVD? aN oTciEK bi..Ei\U?US DAY Crowds Largest That Have Greeted nirn in His Travels, and He Makes Even Dozen Speeche s?Talks Tariff, Marriage and Divorce and Conservation. Kansas City, Mo.. September 25? President Taft arrived In Kansas City to-night to address the National Con tervatlon Congress. Ho had spent a busy day In Southeastern Kansas, mak? ing addresses at eleven of the prosper? ous towns that dot that section of the State. Tno President was tired but ?hippy over the warmth of. the recep? tion that the progressive Kansans had giver, him. Tht crowds were the largest the President has faced during any of his travels. Mr. Taft contlned himself largely to the vetoes of the woolen, free list and cotton tariff bills. He gave his hearers to understand that he was ready and more than willing to sign any bills reducing the tariff If the measures were founded upon th? report of the tariff board. This board, the President said, would be ready tj report on the woolen schedule the first of December. Believes Duties Too High. "I believe the present woolen duties are too high," he exclaimed amid up pUuse. "and Just as soon as I get ade? quate Information I shall recomm-snJ their reduction " Mr. Taft began the day at Coffoy ville, and .spoke at Independence, Cherrygoale. Chan-ute. Humboldt, Iola. Garnett. Ottawa, Edgerton and Olathe. Aside from his tariff speeches, the President spoke briefly on marrlag? and divorce, on the prosperity of the people of Kansas and on the trusts Senator Curtis, Representative Camp? bell and former Representative Charlei H. Scott were with him throughout the day. Discussing the necessity of uniform laws governing marriage and divorce the President said: "It is very awkward, to say ths least, that a man who Is married on one side of a State line may not be married on the other. The Increase of divorces In this country. Is a re? flection on the law6 and their'loose administration. We ought not to per? mit the marriage tie to be dissolved at will. "You say we ought not to keep unhappy people together. Who brought them together? ' We did not. If they got together under a contract, why shouldn't they be bound to the con? tract, unless one or the other does something which in the eyes of all men ought to permit or require at least a separation if not a dlvcrce. "The trouble Is not that in an in? dividual case demoralization follows because they are separated, but the trouble Is more when a man or wo? man feels that It is more a question of option with her whether she still live with her husband or he with his wife, then with that option befort them, they conduct themselves in such a way very frequently as necessarilj to lead to a breach. Should Be Made Difficult. "It Is the ability to, and the prospoc of. getting a divorce that demoralizes. We ought to have a general unlfoan law on that subject that stiffens up and makes sacred the marriage tip. 1 ' agree that It Is not possible in this ! stage and under present conditions to make marriage, indissoluble, but It is possible, to make divorce dlttl I cult so that it cannot be obtained by collusion and only while one party or t the other shall have done something that all men regard as necessarily af? fecting the obligation of the marriage tie." Following his conservation address here to-night, the. President left again ; for Kansas, and will spend Tuesday and Wednesday In that tSate. Urges Conservation. Kansas City, September 25.?The ad? dress of President Taft featured tho third annual Conservation Congress In Convention Hall here. The President's speech was statis? tical in Its naturo and called attention to the urgent need of sonservlng the farm land. He predicted that the "back to the land" movement would be larg? er in the next ten years. Improvement of agricultural education was urged as a solution of the problem of in? creasing the food supply. While the soil is being stripped of its fertility under present farming me? thods In many sections, tho President said, ho is not of the opinion that the time ever will come when the United States will bo unable to feed Its own people. That the conservation movement Is making rapid progress in this country i was made apparent when representa? tives of a dozen States made verbal reports at tho opening session of [he congress to-day. Every delegate who spoke brought a report of activity In his section, and assured the conven? tion that the campaign for conserva? tion had just begun. The audience to I day heard of steps that' were being \ taken to conserve everything from j land to children. Even tho shrimp wus i not forgotten In the Louisiana repre [ sentatlve's reporr, and the Maryland ' delegate added an encouraging word when he said the terrapin was being i cared for In his State. .ludge- B. R. Ulndsey. of Denver, pleaded for better conditions for th? child, and deplored the movement for lioys and girls from the farms towards the city. Other'speakers were Henry I Wallace, president of tho congress; I Goyernor Hadley and .1. B White, a I member of i he &xec.utlve board. DR. JAMES A. PETTIT SHOT AND KILLED BY BEN HUBARD Uli. JA.MKS A. PKTTIT. AMATEUR EUER FAELS TO DEATH Dr. J. C Clark Is Killed While Making Trial Flight at Aviation Meet. CRUSHED BY AEROPLANE' Five of the Leading Birdmen Withdraw From Remain? ing Contests. Nassau Boulevard, L. I., S ptember 25.?The International aviation meet was marred to-day by the tragic fall of Dr. J. C- Clark, of New York, an amateur, who was to try for his license to-morrow. He fell 360 feet In his Queen Blcrlot monoplane, sustaining such Injuries tha>t he died at 7:50 to? night In the Nassau Hospital. Dr. dark had not intended to fly to? day In his machine^which la numbered 13. Thds morning, however, after Ig? natz Zmlnonk. the Russian aviator, had flown to Mlneole. and back in Dr. Clark's machine, the wheels were smashed by a bad landing, and the doctor was so concerned over the ac? cident that after repairs had been made he took Lhe filer up In order to test It He had flown only 500 yards, rialng rapidly, when ho seemed to lose con? trol, and wa* dashed to the earth. As the aeroplane crashed on the grolund It turned over, catohlng the amateur aviator under It and crushing him. An examination at the hospital dis? closed a fracture of the skull, com? pound fractures of both arms, a dis? location of the hip, and numerous In? ternal Injuries. Withdraw Prom Meet. Eugene Ely. George W. Beatty, Harry Atwood, Bud Mars an<j J. A. D. McCurdy to-day decided to discontinue their nights. Ely and McCurdy ex? presses dissatisfaction with the rules, while the three others stated that there was not enough money in the meet for them. In the speed contest for monoplanes to-day Gruhame-White won the prize of JfiOO. flying ten miles at an average speed of sixty-one and one-half milea an hour. Matilda Molssnnt wont up 1,414 feet. In the bomb-dropping event, Beatty'sj passenger, Genevleve O'llagan, dropped; the missile five feet and nine inches j from the bull's eye, winning the] event. To-morrow PostmaBter General Hitchcock Is to fly with Grahams White to Mlneola. carrying several sacks of United Sta'tes mall In order to test for himself the possibility of aerial mall transportation. ! WALSH MAY GET PAROLE ' Federal Board Im \otv Sitting nt hear, enworth Prlaon. Lcavenworth. Kan., September 25.? R. V. La Dow, chairman, of the Board of Parole at the Federal prison, hat arrived from Atlanta, Ga? and Is hold ing sessions of tho board relutlva to the expected pardoning of John R Walsh, the former banker nnd rail? road builder of Chicago, and others It has been reported that the chair? man would bring a parole paper al? ready approved nnd signed by Attory nay-General Wlckersham for Walsh, but La Dow denied this and insisted that Walsh would have to take hie I turn the same as the other prisoners. He announced that applicants for pa? role would be called before tho board, commencing with the lowest number on the list, and that they would follow In nuiiu-rlenl order. As there are about fifty applications ahead of that Of Walsh, the banker "ill have to wait until ull those are disposed of before he can appear to make uls plea. It Is though', the board will be ready to take up Walsh's caao Tuesday, and it is generally believed action in his case will be favorable SHIP RAMS A WHALE Remarkable Incident .lltrndn Voyage of French l.lner Iloehambeau. New York. September 25.? When off Nantuekrt Sunday and running through a tog, lhe new French line steamship Roohambeau, hound from Havre for this port for the llrst time, collided with some object which seemed "to partly Impede the headway of the vessel The engines were stopped and it was discovered that the ship had rammed a giant whale. Tho steel prow had sunk deep In the whale to almost out tbe,leviathan In two. The water was crimsoned ..11 about the ship. The carcass of thq whale float? ed for a moment and then sank from view. The Rochamboau reached horc to? day. Slayer Indicted by Grand Jury Shortly After M urder. LATER REMOVED TO LYNCHBURG Will Be Kept There Until Oc? tober 6, Date Named for Trial. Heavily Armed Officers Guard Prisoner While He Is?in Jail at Lov ingston. j Vowed in Morning He Would Kill Pettit [Special to The Tlmr-s-Dlspatoh, ] Lyn eh barg. V?., September 25.? Vr.n Hubard, who snot and killed r/r. James A. Pettit at Lov fngston to-dny, wot brought here at 10 o'clock to-night by two deputies and 1 od (red In Jnll for safe? keeping. He Tefused polntblank to make a statement. He appeared to be terribly agitated. The trouble, tt Is stated, grew nut of a grudge , I Hnbnrd had against Dr. Petttt, who ' wbb called In to attend Hubard'a j wife eighteen months bko by Huh- J ard's ftither, against the prisoner's ? j desire. He |n declared to have ' statrd then that he would kill Pet- j tit, nnd left home this morning. It I Is alleged, vowing; he would kill . I him If he was at I.nvtnitston during ' I the day. ' (Special to The Tlmes-Dlspatch.] Lovlngston, Va.. September 25.?? While seated on the porch of the Vir-' glnla Hotel, during . the dinner recess of court to-day. Dr. James A. Pettit, one of che best known physicians of this section of the State, and a mem? ber of Governor Mann's staff, was shod down and instantly killed by Ben Hub ard. also a well known citizen of this county. Hubard, with the smoking revolver still In his hand, was seized from the rear by Porter A_ Ball, who scoured his weapon, and aided by oth? ers who had rushed to-his assistant*, took him to the Jail, less than 100 yards distant. When court reconven? ed in th? afternoon, following the coroner's Inquest, Judge Gordon sum? moned a special grand jury, the regu? lar grand Jury having been discharg? ed after the morning session, and within a short time. Hubard had been Indicted for the crime, and hiss case was Immediately set for trial on October 6. Date this afternoon, on account oft the wroughr-up condition of the peo? ple of this community, and desiring? ? not to take any chances, the authorl-* I ties decided to remove Hubard tos! Lynchburg for safekeeping. In cus? tody of a number of special guards hor was taken to Shlpman. the nearest railroad station, and from there tor, Lynchburg, arriving at the latter* place at 10 o'clock. Shot Without Warning. Lovlngston was stirred as It hasK seldom been before by this apparent-* j ly cold-hlooded murder. Dr. Pettlti I was sitting on the steps of the hotel, j making settlement with a negro, whetif. I without warning Hubard approached* j him from the roar and began firing. The tlrst shot caused Dr. Pettit toe j /all to the ground, nnd while ne lay prostrate he was shot rive more times in rapid succession, and before any of j I the large number of bystanders could-, j get to his rescuo jvnd wrench the dead- ' j ly weapon from tho hands of the as I sallont. Any one. of the shots, it was i declared by a physician who examined ' the wounds, was sufficient to have i caused almost Instant death. His face>t was badly bruised and mashed. The.1 last live shots were tired froi:? a dis? tance of less than three feet. Immediately scores of people, many, of whom had witnessed the killing,^ but were almost stunned by the sud? denness and shock of It all, made a rush for the murderer, Mr. Ball being S the first to reach and disarm him. Ha ! was quickly surrounded by a wildly ; excited crowd, and for awhile It ap? peared as if there were, danger of his \ being roughly handled, but aided hy j several In the crowd, the ofllciala " formed a cordon about him, and ho [ was rushed to the nearby jnll. To ^ prevent the possibility of any attempt', at summary action a strong guard, especially detailed, nnd heavily armed, was thrown about the prison. lOarly in the afternoon a coroner's Inques. was held over the body of Dr. Pettit, which had been carried Into the hotel, and It returned a Verdict fixing the crime upon Hubard. Indicted by tirniid Jury. After the reassembling of court Judge Bennett P. Gordon, woo was presiding, at once Aummoned a special grand Jury, Which Immediately took up the consideration of the i-.?o Within a short time an Indictment, charging Hubard with the killing, was returned, and Judge Gordon set the trial for October (1, Friday of next week. Hubard tfien was uken back to jail, where he was kept until he left for Lynohburg tn tho custody of officers. He will be held there prob? ably until the time he Is brought back to Lovlngston to stand trial. Tho onlv possible motive for the crime, so far as Is known at this time, grew out of a grudge, which It is said Hubard has been harboring for a lonfp time against the physician following? his attendance on Hubard's wife wheiv she was 111 about eighteen months ago.. At that time It Is understood thnt Dr.', Pettit was summoned to attend Mrs* Hubard. who was In a serious condi !i,.r.. When the physician arrived, Hubard Is said to have refused to al? low the physician to entar his horns. But Mr Hubard's father, who. was jtoi*