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??TTT,, T T^ATRTWO^T. WEST VIRGIKIA, TTESDAY, NOVEMBER 22, 1904. NTiMBKK 186?.?????mmmmmmm??.
" ' ??^gggSSSSSSSSgSi .. ..^
"IF HE IS DEAD, 1
WANT TO DIE," SAID
NAN PATTERSON
PATROLMAN . QUINN SO TESTIFIED
AT THIS MORNING'S
SESSION OF COURT.
MORGAN SMITH WAS HEARD TO
SAY SOME THINGS THE NIGHT
BEFORE THE MURDER.
MISS PATTERSON'S FACE WAS
PALE AND BLOODLESS WHEN
PPfpf- SHE CAME TO COURT.
(By Publishers* Press.)
NElV YORK Nov. 22.?Evidence
adduced to-day in the trial of Nan
Patterson, the actress, charged with
the;.murder of "Caesar" Young, together
with the statement by the
prosecutor that the people would
show that J. Morgan Smith, brotherin-law
of the defendant, purchased
the revolver with which, the shooting
was done, indicates that the prosecu^g^pfctioh.
hopes to prove its case on two
points First, that Caesar Young,
||||l?e" when he left the house the morning
of the' killing, did not have in his
possession a fire arm, and second,
that the revolver came into Miss Patterson's
possession through J. Morgan
Smith. The prosecutor also
lid "will -r?r*r?riiir??? a wit- I
r? ? - ?
ness to show that Smith was overheard
to say to the woman on the
night before the crime was committed
that she must do it and that the
young woman replied: "I cannot do
at. I won't do it, and you must do it
yourself."
The testimony o? Policemen Flynn
and Junior, who made the arrest,
and had conversation with the young
||||?h actress while on the way to the station
house, brought out nothing that
would indicate that the defendant had
committed the crime. The policemen
stated that Miss Patterson, who was
hysterical at the time, had declared
that Young had, without warning,
shot himself.
Patrolman Quinn, on cross-exami;
- nation, said:
"She asked me if Caesar Young
was dead. I told her he was dead.
TKen she said: 'Is he dead? Oh,
is he dead? If he is dead I want to
die too. Why did he kill himself? He
had everything the live for.' "
Miss Patterson passed a sleepless |
, and restless night in the tombs. The
scathing arraignment of the prosecu- J
- tor, and the sight of her lover's gar- ,
ments with the bullet hole, stained j
with liis life blood, had been too much A
>1 ; for her nerves, and she collapsed -j
when she returned to her cell in the (
tombs. ' c
The reaction over. Miss Patterson
calmed herself and said:
"Weil, the first day is over and I
find nothing in it to hurt me."
r ' Her face was pale and bloodless, j
\ and looked almost chalky against the ,
sombre setting of her black dress
: and veil as she came into the court
this morning and sat by her old
father's side.
,Miss Patterson was much perturbed
at the sane, of the curious throng in
the Court room. When she reached
: liei- seat she turned and kissed her
j : father. She did not raise her veil and
iYV. sat talking quietly to her parent
: while the roll-call of jurors was being
intoned. Rarely has a murder case ,
in the city attracted such a morbid ^
. : crowd as this trial. Swarms %f women
resort to every possible means to gain
admittance to Judge Davis' court
while the court officials are being Inv ^
xor passes to near tne proceedings.
There was no exception J
to the run of trial.days and the throng t]
paced the corridors hoping to get in, ?
though the court's officers only per- c
roitted those to enter who had passes. t(
Not a few women and men lined upon b
the curb of Centre street and watched n
j|||gfv''keenly the bridge of sighs to catch b
'a glimpse of the defendant as she |r
crossed over from the tombs to the 11
Criminal Court building, where the
trial is being held.
. The prosecution purposes bringing
' n skeleton in court to prove that it
tl; "< Young could not have shot himself. m
liistrict Attorney Jerome on looking tc
- .the skeleton over this morning decided w
, to relieve the object of much of Its
*. gruesome aspect in court, and sent for er
|l|sS3, a physician and had it decapitated. th
Police Sergeant Walter NoiTis of =
the I-eonar<l street station where the re
defendant was brought when arrest- Si
||P&Se.<3? .was the first witness to-day. lfe- ci
^^feidentified tlie revolver which Police- w
man Junior handed to him when he L<
pv;,;?. .brought Miss Patterson into the station
house: "Witness said that the ro; th
volver was in
NAN PATTERSON'S
EYES WERE RED
FROM WEEPING WHEN SHE RETURNED
TO THE COURT
ROOM YESTERDAY.
(By Publishers' Press.)
NEW YORK. Nov. 22.?Nan Patterson
came into court yesterday afternoon
after recess, her eyes red
from weeping. The strain of the
morning had been too much for her
and she broke down when taken back
"for- Ifinr?~hnnr? to the toinbs.
Outside of the room an eager, enrious
mob rushed , police lines and
stormed the doors in an endeavor to
force an entrance, only to be driven
back again by reinforcements of police.
Norman Coe. a photographer was
the first witness. He identified several
photographs which he had taken
of West Broadway, 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 IN MISSOURI
A BATTLE IS ON FOR UNITED
STATES SENATOR?FALSE RUMOR
AFLOAT.
(By Publishers' Press.)
WASHINGTON, Nov. 22.?The fob
lowing 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 candidate,
has no foundation in fact. The
President will not interfere in the
slightest degree in the contest."
ATTORNEY GENERAL MOODY
WILL REMAIN IN PRESIDENT'S
CABINET?ANNOUNCEMENT
MADE.
(By Publishers' Press.)
WASHINGTON, Nov. 22.?It was
announced at the White House yesterlay
afternoon that Attorney General
VIoody has reconsidered his determiration
to leave the Cabinet on March
t. He has assured the President that
re will remain if this be in accord
vith the President's desire. The
^resident does not wish to make a
:hange and his reappointment is assured.
Smallpox Report.
Official report of the health board
egarding tne smallpox situation in
Fairmont:
Tuesday, Nov. 22.
:
Cases sicl; C
New cases 0
Convalescents 6
Recovered, but still under
quarantine 10
Deaths 0 '
DR. C. O. HENRY,
County Health Officer. '
j DR. HAL HALL,
City Health Officer.
? ?? ;
Came Up Missing. '
A certain Miss Freeman, colored, i.-i ,
eported to be missing from the city. f
he was the landlady of the joint on ^
eilerson street, which was pulled by t
he police last Tuesday night. At ,
rst it was believed that she left he- ^
ause the police were not disposed
p let her carry on her trade in peace
ut since it has developed that a c
ame has been forged lo a contract
y which she obtained the furnish- ?
lgs for her house. An attempt is beig
made to locate her.
* i
"Wang," with its great originator, F
e Wolf Hopper, its sacred elephant,
s babies, its tuneful songs, catchy ?
melodies, pretty girls, smart charac j,
>rs, and bright scenes, is headed this j
ay. t!
You can't afford to miss Hall's flow- t:
show Tuesday and Wednesday, of V
is week. x Y
=======^====: li
ivolver and shells over to Captain e
yeeney, he said. Witness was ex- fj
tsed and Captain Dennis Sweeney w
as sworn. He is captain of the ir
jonard street precinct.
?ie said ttiat he -was m command 01 tl
e precinct at the time of. the shoot- \e
jr. He said that Sergeant Norris ]c
JUDGE MASON'S SI
GHARI
WAS THE IMPORTANT FEATURE
OF CIRCUIT COURT PROCEEDINGS
THIS MORNING.
HE TALKED ON VARIOUS PHASES
OF THE LAWS AS RECENTLY
ENACTED.
HIS EXPLANATION AND INTERPRETATION
OF LIQUOR LAW
IS OF SPECIAL INTEREST.
The November term of Circuit
Court convened this morning-. The
grand jury was sworn in and received;
its instructions from judge tviason.
The jury as summoned consisted oE
W. J. Kerns, Walter S. Furbee, Geo.
R. Thomas, Darius Fleming. A. W.
Swiger, C. U. Conaway, Newt Anderson.
John S. Hamilton. Z. F. Ammons,
W. N. Satterfield, Henry Rudy, Phoenix
Carpenter. Thos. L. Barry, Marcus
Morgan. A. B. Clelland and E. LA
Billingsley. Four of these?Kerns,
Anderson, Barry and Satterfield?
could not serve and in their places
Deputy Sheriff Davis appointed Ward
Beatty, Alf. Amos, W. C. 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 he fair ana
show no preference to any class of
violators or offenders. He called especial
attention tc slot machines and
said that according to a decision of
the Supreme Court they are an open
means of gambling and should * be
stopped. He talked at length on the
election, taxation, game and mining
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 in chapter
32 of the Code, respecting licenses.
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 j
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 j
drinks or refreshments at a public
theatre; selling, offering or exposing J
for sale, or soliciting or receiving or- ^
de'rs for spirituous liquors, wine, i
porter or ale, or drinks of like nature, .
or for carrying on the business of dis- ^
tiller or brewer of whiskey, brandy,' _
beep;'^p6fter or ale, without a license,
RAILROAD OFFICIALS
THE CITYV
In connection with the running of y
Cumberland trains through to this c
city/several high officials of the B. and t
0. were scheduled to arive in this b
city to-day to arrange for the proper
+?o5rie X- Tim nffinialc I yi
uauunu^, ui iucoc AW, ?*
who arrived were General Manager 11
3imms, General Superintendent o? a
Motive Power Muhlfiel, General Su- s
aerintendent Foley and Superintend- q
jnt Thompson, the two latter of the tl
Wheeling division. The trains spoken p
>f have been running into this city fi
'or the past two days and the atten a
ion they have received from General li
Zardmaster Biggs seems to have con ti
'Inced the officials that the situation, a;
teeds no supervision other than that ti
iupplied by Mr. Riggs for they did not w
top off in this city but instead went ol
>n -to Hollo way Junction, on the re- bi
:ehtly acquired C. L. and W., which al
cad from Wheeling to Lorain will be e'
inder the jurisdiction of Superin-'- e<
endent Thompson and Trainmaster ti
tlley after next Sunday. ci
Apropos of those third division ti
rains, two of them came in this morn- b(
ag with solid trains of time freight, m
'liese were backed off hero to be n<
aken on West by Wheeling division ta
rains. At noon to-day 750 cgrs of ]o
Pest bound freight were In the local al
ards, ready to be moved. The Wheelig
division does not run on. an avrage
more than three trains of
-eight east of this place per day, M
thereas twelve or fifteen trains ate R<
loved West. : nc
The. many recent improvements in Ei
ae yards facilitate the moving the he
irge number of trains more than a ro
Lyman would irpagine. for instance ne
lis morinng a train of thirty-six cars th
' ...
fRONG
BE TO GRAND JURY
- .
is a fine or not less than $25 cor more
than $200, and imprisonment in the
county jail not less than two months,
nor more than six months: anil upon
a second conviction by confinement in
tlfe penitentiary for one year. I call
special attention to this because of
the radical change in the lav. Any
person who furnishes intoxicating
(tfJnlro r>r- rofrrtchmfinfc o 1 O ntlMli*
theatre, 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 be
fitted not less than $25 nor more than"
igOO, and In addition thereto be confined
in the county jail not less than
two months nor more than six months.
TChe 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
vent into effect. It will be observed
fhat these are not new offeuses ere
ated by the statute. They are offences
existing at the time this new law
?>ok effect.. The new law simply
qhanges and increases the penalties.
%tyhe Supreme Court of Virginia, in
the case of The Commonwealth vs.
Rand. 9 Gov't, 93S, held that an act of
the Legislature providing a penalty
for a second offense applies to the
case of a prisoner, who had been conrioted
and sentenced long previous to
fhe passage of the act. / This case has
never been reversed, so far as I am
aware, and having been rendered in
1852, is binding on this Court. In
that case Rand was first convicted in
lie State of Massachusetts in 1843,
and the second offense was committed
in Virginia In 1S52, while the law
under which he was prosecuted was
lassed in 1S48 and re-enacted in 1849.
It will not be claimed by any one
:hat under our constitution the Legslature
has the power to convert, by
itatute, an act into a crime which at
.he time it was done was not an of- .
ense, nor even to visit a criminal aeC
vith penalties more severe than those
vhieh were attached to it by law
vhen it was committed. But in cases
; <
(Continued on Fourth Page.)
WENT THROUGH
IITHOUT STOPPING
osterday, thus causing a drop suERlent
to run the cars as far into a n
rack as desired and no switching t:
eing necessary. s
By the end oi this week the Com w
any will dispense with the electric d
ghts furnished by the city, the plant n
t the "West end shops now being in a
hape to furnisli all the current re a
uired. By using their own power a
ie company will save about $112.00 a
er month, that including the station. 0
eight house, etc. Besides lighting n
II their buildings, thirty-four arc s<
ghts are to illuminate the yard .be- s;
veen the station and the West End q
ad application has been "made for g
venty more. Those already provided n<
ill be ready for service by the first tc
E next week, the last pole having si
son placed to-day. It is very probile
that within the next few months,
,'ory switch light in the yard will be
luipped with an incandescant light, e<
le matter being before te proper ofli- \t
als now and while going through tc
l? channels to reach the powers that m
was indorsed by all whose recom- ct
enaatiuu was uouesssai y. ouuit; uuib 11
>xt -week the old boilers will be w
ken from the pump house just bew
the station and that plant will
so he operated by electricity.
> N,
Horse Killed. ic
At noon to-day, while Aderbale or
eyers (colored) was riding one of in
jynolds' livery horses homo to din- th
r as. is his custom, and going up the th
ist Park addition at full speed, the .
use stumbled and foil against a
clc up the steep ascent and broke its
SPECIAL SESSION
OF CITY COUNCIL
WAS HELD LAST NIGHT ? NO
very' important business
was transacted.
A special session of the city council
was held last evening at which
Councilman Robinson, Harr. Tlr.ymond,
Lilly, DeBoIt. Hutchinson, Da.v.is,
and Everliart were present. Some
very important business matters
wore taken up but no ^definite action
was taken.
The Spence street grading was
again called to the front, and a petition
was presented by Mr. Shane asking
for a wall along: his property. " A
committee was appointed to see what
can be done.
Captain Parker, of the county board
of health, reported that there was an
unhealthy place along the Barnstown
road where a man's sower (3mptied
into the road, and asked to bo allowed
to tap the city's sewer leading to
Buffalo creek. A committee was appointed
to investigate.
All approved hills were ordered
paid, after which the council adjourned.:
^ ??-?
DE WOLF HOPPER.
I ???jj
The engagement of De Wolf
Hopper in his great revival of
"Wang." at tile Grand Opera
House to-morrow night, will be
the most important theatrical
event that has ever taken place
in this city. Mr. I-Iopper is recj
ognizeel to be at the head of com|
ic opera profession, and "Wang"
ua? IUUJ, Meeu uyjiucucu iu ; uu . 2
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
! with this production, as Mr.
J Hopper has surrounded hiniself
with 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, bolng
made tip of tho much talked of
lyric Theatre girls, whose youth
and beauty secured them 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
the advance sale of seats is
very large, and the boxes will be
filled by several theatre par- j
ties.
*
nn Wat cnnncT
v\j nui i uauli
?? " :
ro GO OUT TO THE RESERVOIR J
TO-MORROW TO SEE THE '
WATER TURNED IN. '
The people of this city should re- !
lembcr that to-morrow is the last." ,
imo that they will have a chance to *
ee the new water works before the ?
rater is turned In, as that will be t
one at 2:30 o'clock to-morrow after- '
oon. This system has cost a large
mount of money, and has required ^
great amount of work, but now we
re to reap the benefits and as many t.
s possibly can do so should go to the
penlng, which will be of an informal
ature so that all may inspect and
3e the operation of the system. The
pstem is easily understood, and is
uite interesting. Let your Thanks- G
iving holiday begin to-morrow afteroon
and go out and see what an up>-date
water works our city pos3sses.
What the Sportsmen Missed. p
A flock of wild geese became blind 11
1 a few nights ago and alighted in the te
rest Fork hear Monongah. It war $
>o late in the night for the sports- P
en and the feathery creatures es- fi
iped unharmed.^ It is very seldom rf
tat geese come down to. the water s?
hile passing through here.
Initiated New Members. ~di
A dozen members of White1 Camp C<
o. 5473, Modern Woodmen, of Amer- cr
a, located In this city, went to Jlon
igah last night and assisted ia the ^
ILiation of several now members Into :!
e mysteries of woodcraft. Of course .
ey had fun. j
Would Save Much Trouble. i
The account of the result in the j
oubtful States" can follow the line j
TENTIARY,
[atthewa to ssrvQ^ fivo^ yc?3.i ^ ^ *
j. a ? urnu nc > ? :
it. Come early.
.: *H; w,;-^ -' I '"
* THE WEATHER