The Fairmont West Virginian., November 22, 1904, Image 1

About The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914

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NOVEMBER 22, 1904. ~ ~ NU?m?
IMP9
11?DIE,"SAID
PATTERSON
ilAN.QUINN SO TESTIat
this morning's
ission of court.
smith Was heard to
me things the night
ore the murder.
tterson's race was
,np bloodless when
came to court.
r Publishers' Press.)
rORK Nov. 22.?Evidence
jggjgajiiggg^ cyu?j - au . vuc vt JOi
' Patterson, the actress, charged with
ggEg8E^.-< _
m^g.'^:the.- murder cf "Caesar Young, toSfij:-..:
se'ther with Hie statement by the
prosecutor that the people would
show: that J.: Morgan. Smith; brotherin-law
of the defendant, purchased
||ipr the revolver with which, the shooting
Kfev't1 was done, indicates that the prosecution
hopes to piove its case on two
points. First, that Caesar Young,
when he left the bouse the morning
of the killing, did not have in his
j8gp|v. possession a fire arm, and second,
that the revolver canie into Miss Patpi???i'
tenon's possession through J. Mor^fevgan
Smith. The prosecutor also
states that he will produce a witness
to show that Smith was over
r?Jie'ard to say to tlie woman on the
mm night before the crime was committed
that she must do it and that the
young woman replied; "I cannot do
it. I 'won't do it, and you must do it
yourself."
The testimony of Policemen Fly nil
Wxfyt and Junior, who made the arrest, '
and had conversation with the young '
actress while on the way to the sta- ;
tion house, brought out nothing that /
would indicate that the defendant had '
committed the crime. The policemen '
stated that Hiss Patterson, who was
hysterical at the time, had declared 5
that Young hud, Without warning,
shot himself. - - 'j
. . Patrolman Quir,n, on cross-examination,
said:
. a . . "She asked me if Caesar Young
was dead. I told her he was dead.
Then she said: Ts lie dead? Ob,
: > is he dead? If he is dead I want to
. die too. Why did he kill himself? He
s : had everything the live for.'"
SsGcw-'-ii . a
Hiss Patterson passed a sleepless d
and restless night in the tombs. The ^
scathing arraignment of the prosecu- ^
for. and the sight ox her lover s gar- 4
^ja menls with the bullet hole, stained j,
with his life blood, had been too much
for her nerves, and she collapsed p
when she returned to her cell in the
tombs. ' s:
t The reaction over, Miss Patterson
calmed herself and said:
. ""Well, the .first day is over and I
find nothing in it to hurt ine."- re
Her face was pale and bloodless, F
v and looked almost chalky against the *
sombre setting of her black dress 7
and veil as she came into the court j
| " 1 this morning and sat by her old
? /- ' father's side.
, JNIiss Patterson was inucli perturbed
at the gajje of the curious throng in
|g| the Court room. When she reached
her seat she. turned and kissed her
' . - father. She did not raise her veil and
sat talking quietly to her parent
while the roll-call of jurors was being
intoned. Rarely has a murder case . t
Ifillfch1 the city attracted such a morbid
crowd as this trial. Sw'arms %f women
resort to every possible means to gain
admittance to Judge Davis' court
" while the court officials are being imi^j^portuned
for passes to bear the proceedings.
There was Ko exception Je
to the run of trial days and the throng t!l
> j paced the corridors hoping to get in, fir
llllplthough the court's officers only per- ca
jf " -mitted those to enter who bad passes. to
iNot a few women and then lined up on bu
the curb of Centre street and -watched na
keenly the bridge of sighs to catch by
a glimpse of the defendant as she int
crossed over from the tombs to the iD!
Criminal Court building, where the
trial Is being held.
The prosecution purposes bringing De
a sKeleton jn court w prove mar. * ?
Young could not have shot liimseif. me
Xjistrict Attorney Jeroihe on looking ter
VXjjjf'jtbe skeleton over this morning decided wa
to relieve the object of much of Its "3
gruesome aspect in court, and sent for er
a physician and had it decapitated. '. thii
Police Sergeant Walter Norfls of =
the Leonard street station where "the rev
defendant was brought when arrest-; Sw
ed, was the first witness to-day. He cus
identified the revolver which Police- wai
man Junior handed to him "Whenhe Let
brought Miss Pattorson Into the sta- I
tion house. Witness said that the rc- the
volver was then opened by the Captain ing
folded shells one expl^ded'shell ^d elel
NAN PATTERSON'S
EYES WERE REI
FROM WEEPING WHEN SHE RE
TURNED TO THE COURT
ROOM YESTERDAY.
(By Publishers' Press.)
NEW YORK. Nov. 22.?Nan Pat
terson came into court yesterday al
ternoon after recess, her eyes ret
from weeping. The strain of th<
morning had been too much for he:
and she broke down when taken bac!
for luncheon to the tombs.
Outside of the room an eager, cu
rlous mob rushed f police iines ant
stormed the doors in an endeavor tc
force an entrance, only to be driven
back again by reinforcements of po
lice.
Norman Coe, a photographer was
-ekTt XTc-otr
LUC 1(1 at ? IU1COO. lit luviiiuucu Otj V
eral photographs which he had taken
of West Broadwaj', between Beech
and York streets, the scene of the
shooting.
Coe was excused and Joseph Ireland,
an architect, was called. He
had made a diagram of the public
cab in which Young was shot. The
drawings were made to the, scale of
% of an inch to an inch. These were
also placed in evidence.
OUT INJHISSOURI
A BATTLE IS ON FOR UNITED
STATES SENATOR?FALSE RUMOR
AFLOAT.
(By Publishers' Press.)
WASHINGTON, Nov. 22.?The following
official statement was given
out at the White House yesterday at
ternoon: "Any statement that the
President is taking any part in the
Missouri Senatorial contest, directly
or indirectly, for or against any can-liilnfn
T.nr*' fr^.^4- rT??- ?
iiua, ?iao nu iuu.uuai.iuu iii iav;u. a lie
President will not interfere in the
slightest degree in the contest."
VTTORNEY GENERAL MOODY
AMLL REMAIN IN PRESIDENT'S
CABINET?ANNOUNCEMENT
MADE.
(By Publishers" Press.)
WASHINGTON", Nov. 22.?It was
niiounced at the "White House yesteriay
afternoon that Attorney General
foody has reconsidered his determilation
to leave the Cabinet on March
. He has assured the President that
e will remain if this be in accord
ritlx the President's desire. The
'resident does not wish to make a
hange and his reappointment is as
ured.
Smallpox Report.
Official report of the health board
;garding the smallpox situation in
airmont:
Tuesday, Nov. 22.
Cases siclt 5 i
New cases 0 i
Convalescents 6
Recovered, Rut still under
quarantine 10
Deaths 0
DR. C. O. HENRY,
County Health Officer. '
DR. HAD HALL,
City Health Officer.
^ 1
Came Up Missing.
A certain Miss Freeman, colored, is
ported to be missing from the city ?
te was the landlady of the joint on {
fferson street, which -was pulled by ^
e police last Tuesday night. At ^
st it was believed that she left be- v
use the police were not disposed r
let her carry on her trade in peace g
:t since it has developed that a s
me has been forged to a contract Q
which she obtained the furnish- .
c
js for her house. An attempt is he?
made to locate her. u
?t<
'Wang," with its great originator, p
Wolf Hopper, its sacred elephant,
babies, its tuneful songs, catchy ^
dodies, pretty girls, smart charac jr
s, and bright scenes, Is headed this >p
te
'on can't afford to miss Hall's flow- tr
ornj ?? i lxtzoiuay cixju. > v cuucauaj , v?^3
week. x i"
1 iri
olver and shells over to Captain ei
eeney, he said. Witness was ex- fr
ed and Captain Dennis Sweeney w
3 sworn. He Is captain of the m
>nard street precinct,
te said that he was in command of th
precinct at the time of tho shoot la
JUDGE MASON'S S
> GHAI
WAS THE IMPORTANT FEATUR!
OF CIRCUIT COURT PROCEEDINGS
THIS MORNING.
" HE TALKED ON VARIOUS PHASES
OF THE LAWS AS RECENTLY
'r ENACTED.
r
HIS EXPLANATION AND INTER
PRETATION OF LIQUOR LAW
i IS OF SPECIAL INTEREST.
i
I The November term of Circuit
Court convened this morning. The
grand jury was sworn in and received
; its instructions from Judge Mason!
The jury as summoned consisted of
. W. J. Kerns, Walter S. Furbee. Geo.
R. Thomas. Darius Fleming. A. W,
Swiger, C. D. Conaway, Newt Anderson,
John S. Hamilton. Z. P. Amnions,
\V. N. Satteriield. Henry Rudy, Phoenix
Carpenter, Thos. L. Barry, Marcus
Morgan. A. B. Clelland and E. 1-.
Billingsley. Four of these?Kerr.s,
Anderson, Barry and Satteriield?
could not serve and in Iheir placerDeputy
Sheriff Davis appointed Ward
Beatty, Alf. Amos, W. (J. Parker and
A. M. Barry.
Marcus Morgan was sworn as foreman
of the jury, which -will examine
witnesses for a few days. Judge Mason
asked the jury to be fair ana
show no preference to any class of
violators or offenders. He called especial
attention tc slot machines aud
said that according to a decision of
tlie Supreme Court they are an opfeh
means of gambling and should * be
stopped. He talked at longtlv on the
olnntlnn fdvptirtn o-omo finrl miniVVb'
laws and called attention to the
amendments to the liquor laws. In
relation to the new laws on this sub
Ject the Judge said:
Our legislature at the extra session
of July-August, 1904, made some
very important changes ia: chapfeK
32 "of the Code, respecHing" 1 ieenses.
The act was passed August 11, and
such parts of it as provide for "'new
or additional licenses," do not take
effect until May 1st, 1905. All other
parts of the act. as I understand it,
are in force "after ninety days from
the 11th day of August. It is well
to note some of the changes made by
the new act for violations of certain
sections. Under the new law the
penalty for furnishing intoxicating
drinks or refreshments: at a public
theatre; selling, offering or exposing
for sale, or soliciting or receiving orders
for spirituous liquors, wine,
porter or ale, or drinks of like nature,
or for carrying on the business of distiller
or brewer of whiskey, brandy,
beep' pOfter or ale, without a license,
RAILROAD OFFICIALS
THE CITY V
In connection with the running of
Cumberland trains through to this i
sity,' several high officials of the B. and I
0. were scheduled to arive in this I
eity to-day to arrange for the proper
iandlfng of these trains. The officials i
who arrived were General Manager 1
3imms, General Superintendent of i
Motive Power Muhlfiel, General Su- s
rerintendent: Foley and Superintend- c
rnt Thompson, the two latter of the t
> v ueejuijg ui viaiuu. J. lit; liuiiis spoKcn j
)f have been running into this city f
or the past two days and the atten- a
ion they have received from General 1;
fardmaster Riggs seems to have con t
inced the officials that the situation, a
Leeds no supervision other than that t
upplied by Mr. Riggs for they did not v
top off in this city but instead went o
av; to Hollo way Junction, on the re- b
ehtly acquired C. L. and W., which a
oad from Wheeling to Lorain will be e
ndor the jurisdiction of Superin- e
indent Thompson and Trainmaster tl
.iley after next Sunday. cl
Apropos of those third division tl
ains, two of them came in this morn- bi
ig with solid trains of time freight, m
hese were backed off hero to bo ni
Lken on West by Wheeling division ta
ains. At noon to-day 750 curs of Io
"est bound freight were In the local al
irds, ready to he moved. The Wheei:g
division does not run on an av age
more than three trains of
eight east of this place per day. m
hereas twelve or fifteen trains ate ri
overt West. n<
The i many recent improvements in e<
e .yards facilitate ' the. m<jvingr - the; :hc
rgo number of trains more than a ro
STRONG
IGE TO GRAND JURT
is a fine of not less than $25 nor more
"than $200, and imprisonment in the
county jail not. less man two months,
. ixt|r more- than six months; and upon
a second conviction by confinement in
; the penitentiary Tor one year. I call
special attention to this because i. of
the radical change in the law. Any
person who furnishes intoxication
drinks or refreshments at a public
tlfeatre. or sells, or offers or exposes
for sale, or solicits or receives orders
for intoxicating liquors, &c.. or carries
on the business of a distiller or
brewer without having paid the license
tax required by law, shall bo
fined not less than $25 nor more than"
$200. and in addition thereto be con
In tKn onuniv ?nll nn? loco fVinn
two months nor more than six months.
The Court has no discretion as to
the imprisonment, except as to the
term. In addition to these penalties
the act provides that upon a second
conviction the person violating shall
be confined in the penitentiary one
year. Before the Court could enforce
this penalty the offender would
have to be indicted for a felony and
the former conviction charged and
proven, in addition to the second offense.
The penalties denounced by
this statute apply only to offenses
committed since November 9, when
the act took effect. It seems, however,
that the first offense need not
have been committed since that act
went into effect. It will be observed
that these are not new offenses created
by the statute., They are offenses
existing at the time this new law
Jgook effect. The new law simply
changes and increases the penalties.
,v f- ne oupusme ijuui u ul Virginia, 111
the case of The Commonwealth .vs. *
Rand, 9 Gov't, 938, held that an act of
the Legislature providing a penalty
for a second offense applies to tho
case of a prisoner, who had been convicted
and sentenced long previous to
%h'e -passage of tho act-. This case has never
been reversed, so tar as I am
aware, and having been rendered in
1852, is binding on this Court. In
that case Rand was first convicted in
the State of Massachusetts in 1843,
and the second offense was committed
in Virginia in 1852. while the law
under which he was prosecuted was
passed in 1S48 and re-enacted in 1849.
It will not he claimed by any one
that under our constitution the Legislature
has the power to convert, by
statute, an act into a crime which at
thp timp if. wac wnc nnt on nf.
fense, nor even to visit a criminal act
with penalties more severe than those
which were attached to it by law
when it was committed. But in cases
(Continued on Fourth Page.)
WENTTHROUGH
VITHDUT STOPPINGT
yesterday, thus causing a drop suSdent
to run the cars as far into a m
.rack as desired and no switching tii
jeing necessary. se
By the end of this week the Com w;
?any will dispense with the electric do
ights furnished by the city, the plant nc
it the West end shops now being in an
ihape to furaish all the current re a
luired. By using their own power ar
he company will save about $112.03 as
iftr* mnnth thnt inpTii^inf thA sfailnn
reight house, etc. Besides lighting na
.11 their buildings, thirty-four aic 8e?
ights are to illuminate the yard be- Sy;
ween the station and the West End qu
nd application has been'made for gi-,
wenty more. Those already provided no
'ill be ready for service hy the first tof
next week, the last pole having set
een placed to-day. It is very prob
ble that within the next few months,
very switch light in the yard will be
quipped with an Incandescant light, ed
le matter being before te proper ofH- \y-<
lals now and while going through toe
re channels to reach, the powers that mo
8, was indorsed by all whose recom- cai
endation was necessary. Some time ths
Bxt week the old boilers will be wh
iken from the pump house just beiw
the station and that plant wtlJ
so be operated by electricity. A
> No.
Horse Killed. - lea,
f A ' 4.'^ dni., mkiiA 'a -J n _
-KLU UWU WUOJ, W AUCl Uttlt) Ullg
oyers (colored) was riding one of init
jynolds' livery horses home" to din-; the
r as is his custom, and going up the the
ist Park addition at full speed, the
and fell ngat^t;/* ||p
SPECIAL SESSION
OF CITY COUNCll
WAS HELD LAST NIGHT ? NC
VERY. IMPORTANT BUSINESS
WAS TRANSACTED.
A special session of the city council
was held last even ins: at which
Councilman Robinson, Harr. Ilsjrmond,
Lilly, DoBolt, Hutchinson, Da,vis
and Everhart wore present. Some
very important business matters
were taken up but no definite action
was taken.
The Spence street grading was
again called to the front, and a pollHrtn
u'flfi nrACAnlfttl .hv llf ; Qhnno
tng for a wall along liis property. ' A
committee was appointed to see what
can be done.
Captain Parker, of the county bonril
ol' health, reported that, there was an
unhealthy; place a Ions the Barns town
road where a man's sewer emptied
into the road, and asked to be allowed
to tap the city's sower leading; to
Buffalo croelt. A committee was appointed
to investigate.
All approved bills were ordered j
paid, after which the council adjourned.
it '
j DE WOLF HOPPER. j
_________ <>
Tlie engagement of De Wolf
I Hopper in his great revival of
| "Wang," at the Grand Opera
j wiiiuJTUw . uijjiii., war uc |
j the most important theatrical
i event that has ever taken place
in this city. Mr. Hopper is recognized
to be at the head of comic
opera profession, and "Wang"
has long been conceded to be
the most pleasing comic opera
that has ever been written. It
is often the case that a star
is sent out supported by an inferior
company, but It is not so
I with this production, as Mr.
. Hopper has surrounded himselfwith
excellent support, all of the
principals being well and favorably
known as comic opera artists.
The chorus Is said to be
the best that has ever been, seen
outside of New York City, being
made up of the much talked of
ii.VI I JlCiil J U fell lo, W1J.USK /UUIU |
and beauty secured lliem a full
summer season at Manhattan
Beach the present year.
Local theatre-goers are not
slow to take advantage of the
good things that are offered, as j
the advance sale of seats is (
very large, and the boxes will be ;
filled by several theatre parties.
' t
- i
DO NOT FORGET i
-a
O GO OUT TO THE RESERVOIR a
TO-MORROW TO SEE THE "
WATER TURNED IN. 11
. - a
The people of this city should reember
that to-morrow is the last' v
me that they -will have a chance to v
e the new water works before the y
iter is turned in, as that will be ^
me at 2:30 o'clock to-morrow after- aj
ion. This system has cost a large
lount of money, and has required w
great amount of work, but now we
e to reap the benefits and as many (a
possibly can do so should go to the
ening, which will be of an informal
ture so that all may Inspect and
y the operation of the system. The
stem is. easily understood, and is
ite interesting. Let your Thanks- Gl
ing holiday begin to-morrow afteron
and go out and see what an update
water works our -"city pos- 0
;ses. What
the Sportsmen Missed. ??
&. flock of wild geeso became blind Ut
a few nights ago and alighted in the tei
yst Fork near Monongah. , It was Mi
> late in the night for the snorts- P?
m and the feathery creatures es A?
jed unharmed.^ It is very seldom res
.t geese come down to. the water sei
ile passing through here.
- ; ? ]
initiated New Members. da:
l : dozen members of "White; Camp Co
, 5473,: Modern. Woodmen of Amor- oat
, located in this city, went to Mon- '
ah last night and assisted in the
iation of several new members into ,1;;
mysteries of woodcraft. Of course
y had.fun. i
Would Save Much Trouble. J
tie account of the result in the | *
john mitchell
andsaIMrs
. calledtraitoe
A WARM TIME AT MONDAY'S SESSION
OF AMERICAN CONFEDERATION
OF LABOR.
'V '". 'it ~
- ."V'
GOMPERS AND MITCHELL ARE
SCORED FOR DINING WITH
UNIVERSITY PRESIDENT.
PRESIDENT GOMPERS SAYS H
WILL FIGHT AGAINST MIXING
POLITICS WITH UNIONISM.
(Hy Publishers' fraaig)
ut Monday's boss;
Federation of Labor that
roro the eyes of all pre
iar.
Then a motion was ma^e'tor
he rules and allow Presiden'
^o vememt^ he^ woiil< ^ ' '
- _ .{J