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The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, July 11, 1907, Image 1

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Plain Plea oi
unwritten Law
1 '-.til:
1APLATTA, Md., July 11.?Calm
yand^shttlcal aa a Spartan mother, Mrs.
Millie Bowie took" the stand to-day In
defense, of herself and her son Henry
j, Bowie, jointly charged with killing
; Hubert Posey, betrayer of Miss Prisyy
. cilia Bowie, daughter anil sister of
v the defendants. The preliminaries
were entirely devoid of claptrap, the
; defendants standing on the plain, unbefuddled
plea of Justification under,
t"ne."unwritten law" of the South.
1 They admit the killing and Justify
It by in inalelnable right to protect
f, the sancltity of the home. The almost
* ' universal opinion is that the defendants
will go free. A remarkable feature
is that the first twelve talesmen
qualified as jurors. "Alt I ask for 13
twelve Maryianders," was Mrs. Bowie's
Instructions to her attorneys.
The State consumed but a few minutes
In presenting its case, proving!
that Mrs. Bowie hod fired a revolver
- at Posey and that the son fired the
contents of a shot gun Into the body
- of the young man as the latter fled
after refusing to marry the girl he had
In presenting the case for the de-J
fense, Mrs. Bowie's attorney's plea"
- was made openly under the unwritten
law with an appeal to the chivalry
_ .and respect for-womsn-, characteristic
of Southerners. A detailed recital of
Incidents leading up to the killing and
a recital of the tragedy was followed
-- s?? n?-I? ?a lha affinrl I
Dy caning airs. Dumv w
Her son will follow with 'testimony
and it Is expected the cn3e will go to
the jury by to-morrow.
Mrs. Bowie showed signs of deep
emotion when called to testify "How
"did Posey die?" asked her council.
"I killed him," she said with low but
Arm Voice, emphasizing the "I." Henry
Bowie, the son, who also fired at
Posey, jumped from his seat and
started toward the judge, his hands
uplifted in protest, when lawyers seized
and force him Into a seat. "I killed
him at Indian Head," continued the
mother. He begged my daughter to
become bis wife, he gained her confidence,
she trusted him, betlevd in him,
thn he betrayed her and deceived
her. He admitted what he had done.
T pleaded with him to save her honor.
He would not. Then I shot him."
Hugh Posey, father of the dead man,
-seated directly behind the woman
stealthily crept forward Inch by inch,
his features hardened, fingers twitchIng
and was apparently In the act of
pouncing upon the woman when selz-ed
by a court officer. It caused a flurry
of excitement and reprimand from
v ; the Judge.
Officers and Olrectors Elected.
At a recent meeting of the stockholders
of the Masonic Building Com
pany the' following officers and dlrec.
tors were elected:
' V E. M. Showalter. President; T. W.
Hennen sec-treasurer; J. E. Dow-den,
C. E. Hutchinson, J. E. Sands,
W. J. Rowland, H. P. Smith, Walton
Miller, C. E. Bartlett, L. L. Malone,'
M. M. Foster, 0. S. McKlnney,
F. E. Nichols, T. W. Fleming, J.
M. Hartley.
; MORGANTOWN, July 11?Mrs.
: " Elizabeth Gans Joseph, aged 70 years
wife of Jeremiah Joseph, died at her
home on the Stewart^town road, about
a mile from, the city, at 9 p. m. Tuesday,
July 9, :1007, of diseases Incident
to old age, and after being 111.for i
, long time. Mrs. Joseph was the daughter,
ter of Dr. and Mrs. Williams Gans,
pf. among the drat settlers at GanB, Fayg.';;
.{ette county, Pa. She lived for many
!vV,' yjears in Morgantown, and was moat
highly respected by all who knew her,
-Gans Joseph was a member of
HI cifefikiS&fr.. ?
An echo comes from the First warj
j? ft*/* n.*1nma rtf thla no.
i.u-aay imvugu ?.uv yy ?<*?? * y? w* .
per Sounding the clearance prices -..t
Mr. J. S. Pople, the pioneer merchant
of the Palatine side of the river. Mr.
Pople occupies a strategic point In the
business of Fairmont, as he has a
three story department store which
compares very favorably with the
stores In any part of the city and Is
by large odds the largest dealer on his
side of the river. His announcements
are always heralded with an appreciative
response as the convenience of
alt living on his side of the river and
those living in the country back o.'
the First ward are well served by this
store. Mr. Pople makes a wise selection
when he places bis advertisement
In the columns of this paper to day as
he will not only reach a very heavy circulation
patronage on his side of the
river, hut our entire weekly subscription
list ivlll be apprised of bis sa.
and to say that the results are forth|
coming Is putting the matter In tncmost
truthful form.
Prof. A. M. Van Tine, principal ot
I Madison Academy, of Unlontown, and
Prof. Grant h. Blaney, secretary ot
the same institution, are preparing to
establish a branch school to be located
in the Jacobs building, this city.
There will be three course, a teachers'
course, college preparatory course
and commercial course.
Madison Academy has graduated a
large number ot pupils and has placed
them In schools and offices in the last
twelve years.
Prof. Van Tine has been connected
with school work for thirty-seven
years. Prof. Blaney has been teaching
for a number ot years.
The pupils of Madison Academy are
admitted to the leading colleges and
universities ot the United States on
the strength of their diplomas; often
being assigned to the second or third
year classes. The teachers trained in
Madison Academy have always taken
important places in public school work.
The commercial students' always obtain
and hold the best positions. They
have the special assistance of the
Remington employment department.
Prof. Blaney is In Fairmont for a
few days at the Manley Hotel and
would be pleased to receive any one
interested, or a card to Unlontown
will bring a catalogue of the academy
which will give full particulars ana
information concerning the school.
Will Meet Next at Chicago.
SARATOGA. N. Y., July ll.-Grarid
Commandery Knights Templar selected
Chicago for the nineteen ten trlennlal
A. J. Kern Is spending a few days In
Wheeling and Pittsburg on business
I for the Consolidated Telephone Com!
pany. At the latter place he will alto
[visit his parents.
the Church of Christ and led a Christian
life, being a devoted wife and
mother and a kind neighbor.
She Is survived by her husbanr
two sons and one daughter. They
are: L. W. Joseph and Dr. Geo. M.
Joseph, of Morgantown, and Mrs.
Thomas Hosklnsor., of Chicago, all
of whom were at her bedside when
the end came.
Mrs. Joseph was the last member
- * *? *?"-- 1? \r?? Tvn
ui ner iuum?, uc? o?ici, t?liaml.Protzman,
having died a little
more than a year ago.
The funeral services will be held
at 2 p. m. to-day at the Mt. Union
church, the services being conducted
by her pastor, Rev. E. B. Quick. The
Interment will be made In ttio Mt Union
v ''l-jfljtKjii. I- V u*r. - .V.-:-. igfel-'jti
ST. PETERSBURG, July 11.?Horrible
punishment has just been Inflicted
by revolutionists ujop j, forjner member
whose treachery led to the ills covey
of a secret conference at Riga and
caused the death of many of the re'
olutlonarles and arrest of others of
the band.
The central revolutionary committees
of Courland, IJvland and Estland
used an old mill just outside Riga for
their meeting place. A man named
Spogge, who bad broken with the revolutionaries,
betrayed them to the police.
Officers went to the old mill,
surrounded the place and called on the
revolutionists to surrender. In tryiug
to escape 30 of the conspirators were
shot and killed. Many others were
Spogge's treachery was discovered
and other revolutionists decided to
kill him by frightful tortures. He was
captured and taken to the same mill
where' the revolutionists had met.
There he was tied to the floor and a
loose sack with a small hole fastened
aooui nss lieuu. A. SirttttLU III uvui waa
allowed to run through the hole, dropping
on his head. Ultimately the saeK
was completely filled and Spogge was
slowly smothered.
His body was only discovered today,
the revolutionaries having left
him there with a note warning other
traitors that a similar or worse fate
would befall informers.
An enlargement of the imperial prerogative
was announced in a decision
?V. o nnnnntl mini?tPT*<J tft fl.lrf IhP
VJl 1 Jl<- bUUIIV.ll U1 utiuiu?w.u v- ?? ?
Frontier Guards to the army and navy
as being a force belond the competence'
of Parliament to Interfere with.
Mme. Fromklna, who In March last
attempted to assassinate General
Rhelnbot, the ex-perfect of police at
Moscow, and who on May 13 made an
attempt to murder the Inspector of
the political prison here, wounding him
with a pistol which had been mysteriously
smuggled Into her cell, was today
sentenced to death.
A big strike of agricultural laborers
Is being prepared at Kiev. The governor
threatens to have recourse to
military force if necessary to meet
the situation.
PARKERSBURG, July 11.? There
Is a certain Fifth ward young man
who In the future will be very careful
of the Invitations to go riding which
he accepts. He was badly "stung" on
a proposition of this sort the other
night, and will be very careful not to
be caught again In a similar manner.
He was loudglng In front of a St.
Marys avenue store when a pair of
pretty girls drove up and Inquired if
he didn't want to take a ride. Naturally,
he did. They drove around the
city for a short time when one of the
girls said that she would have to go
home. They drove to her residence,
and a tew minutes later the other said
It was getting late and that she, also
would have to go. She asked the young
man to drive the rig around to a certain
number on Fourth street and
leave It.
He did, and found the number he
was referred to was a .livery barn.
There was two dollars livery hire due
on the horse, and as he had no money
with him, he had to leave his watch
as security for the bill. The girls
were strangers, and had gotten crit at
houses that were not their homes, it
developed later. The duped one had
paid $2 for the "privilege" of putting
their horse up.
Attended Funeral of Miss Robinson.
Among the Fairmont people who ittended
the funeral services of Miss
Margaret Robinson., at Barrackville
tkln nfiomnAn mora Mr nnrl XT r a T
II1IO BUCIUWU "CI1- *???. iHlB> *. '
.T. Conaway, the Mlssea Conawa/,
Misses Bertha Lloyd, Florence Clavton,
Beuna Stevens, Myrtle Knotts
Ava Brown, Margaret Howatt, Clara
Uoyu, Beatrice Snider, Messri. Frank
Lloyd, Lindsay and Ivan Robey, Rob,
ert Snider, and Minor Dunham.
Biz Time Planned
For Next Monday
pr- - -The
largest attendance at any game
of baseball at South Side Park except
tbe game on the Fourth of July is expected
at tie twilight game next Monday
evening. That la the evening on
which the pennant for the championship
of the first season In the Penn-;
sylvanla league which the local team
has won will be raised to flaunt to the
breeze from the flagpole at the Pari:.
President Power will be here at that
time and will make a speech at the
pennant hoisting. The glad rag Tins
already been ordered and is being
made by the A. G. Spauldlng Company.
It will bear tbe Inscription "Pennant
Winners, W. Penn. League, 1907."
The members of the Fairmont Baseball
Association are perfecting plans
to hare a memorable tjme at this
game. The matter of closing the
stores at nve ociock on juuuuuy wju
be taken up with the Merchants' Association.
The merchants of Fairmont
are verf liberal minded men and will
likely comply with the request of the
baseball people. Nearly all the money
that Is expended on baseball In this
city is re-spent at borne and this fact
will appeal to the store keepers.
The pennant for the first season has
been won by tne home team. The winner
of the second season unless Fairmont
wins It again will have to play
the local tcapn seven games for the
league championship and the holding
of the coveted prize. In case of Fairmont's
finishing first In the second season
the team having second place will
have to play seven games, but the pennant
will remain with Fairmont regardless
of the outcome of the championship
In this issue of this paper will be
found the announcement of the first
semi-annual sale of the Rosenberg
store. They otter a general reduction
along all lines. The policy of this
store is to mark all goods In plain
figures and for this sale the old price
is left on the goods where It was originally'placed
in plain figures, and
the new sale price is written on a
plain card or tag so that you cannot
be deceived as to the regular price of
the article offered.
J..--.Inn./. tViol la nffararl In frhfc I
vjutj auvauiagc tu?v ?o
sale Is that the goods are all new
stock as this store was just opened
up In May with a new line of goods,
so no one will he sold any shelf worn
or last season's goods. You get the
pick of the market at a great reduction.
Messrs. Rosenberg have started off
with a very nice business since moving
to Fairmont and it Is not any surprise
to most people that such Is the
case, as they long before thalr coming
kept the people posted on the lines
they intended to handle and the time
of their opening, and since their arrival
they have constantly kept their
business before the public, and all
thev have said in regard to their
stock has been found on Investigation
to be true In every sense of the word.
If a firm has confidence In Its own
line It Is not so hard to establish the
same confidence with the people. No
mistake can ever be made in buying
the goods that are advertised most.
ThPrA ara mflnv rPflROns for this. the
first Is that you can buy an advertised
line cheaper from the fact that
there Is more of It sold and consequently
the cost of handling Is less,
and too, the article has the merit or
It would not stand the test of publicity.
No mistake can be marie in taking
advantage of the offers this firm Is
now making.
Buried at Grafton.
Funeral services over the remains
of little Cedrlc Colburn were held last
evening at the home of his grandfather,
Mr. W. E. Colburn, on Madison
Lane. Rev H. 0. Stoetzer, of the
First Presbyterian church; conducted]
the services, which were attended by
a large number of the friends of the
family. Tne remains were taaeu to
Grafton thta^f^nj
Speaker Stricken .T
While Giving
His Travels
WHEELING. July 11.?Last evening
at 8:30 o'clock, Mr. A. J. Clarice,
eiS aoroau iu a targe euugieaanuu ?.
the Fourth Street M. E. Church, because
suddenly 111 and developed into
a strobe of paralysis,
ifr. Clarke has recently returned
from a trip abroad, which he took for
the benefit of his health, and 011 the
occasion of his return to this c t,*, an
informal welcome had been arrange,t
for last o'vonlng at the church, at
vh'ch he was to deliver a short address.
Mr. Clark had proceth d with his j
address after the devotional exercises,
and was describing incidents J
connected with bis takftg the train
at Jaffa, Palestine, on the coast of the]
Mediterranean sea. speaking of the
many beautiful flowers la that vicinity,
when his voice slowly became Inaudible
and bis face flushed, hi- turned
to Dr. Weslhafer, who was silting
1 near him. and said: "There lr- something
the matter with me, 1 cannot go
jon." Dr. Westhafer wont to ills assistance,
taking him to a chair, when
it una ihnmrht that he would revive,
ana rne cungregauwu. oww?n??...v?
Ike own, rendered u hymn, bat it
was soon seen that Mr. Clark's condition
was becoming shrining. Dr.
Westhafer requested the cong.caation
to leave the church as quickly nud
noiselessly as possible, which they
- COULIBKS, duly ,1L?Charlie Caldj
well, son of James Caldwell, was accldnetally
shot Monday while hunting
ground hogs and will probably die. He
. started out In the morning, and when
he did not return at night, search was
Instituted. His father found him
bleeding and unconscious, his head
fractured, 300 yards from the house,
I where he had lain from 8 In the morning
until 10 at night. During moments
of consciousness he tried to drag himself
toward home and succeeded In
moving a few yards. He recovered
consciousness Tuesday long enough
to say that the gun was discharged as
he was climbing a fence, the ball passing
through his head. During the day
the family heard his moans, but
thought It was the bleating of calves.
There Is little" hope of his recovery.
ELKINS, July 11.?A warrant has
been issued for Charles Wesley Currence,
of this city, who Is palming
himself off as J. N. Smith, a government
agent. After going to the home
of Jerry Baxter, an aged negro residing
on Rich mountain, and obtaining
a sum of money from him for a bounty
he promised the Ignorant negro, he
held Baxter up at the point of two revolvers
and demanded alt. the money
he had In the house. Currence was
tried here last week for blowing open
the station safe at Beverly but proved
an alibi.
BOISE, Idaho, July 11.?Under the
furious fire of cross examination,
President Moyer. of the Western Federation
of Miners, Is sticking steadfastly
to the story he told on the witness
stand yesterday for the defense
In the Haywood case. Moyer Is proving
to be a good wltpess for the defanca
TT!? mui ATfimlnatton will 00*
Aftth Paralysis
An Account of
in Foreign Lands
Doctor* Summonsd.
.Medical aid was summoned, Dr. C.
A, Wlngerter was passing the church
and he quickly responded. Mr.
Clarke's son-ln-Iaw, Dr. W. 3. Fulton,
was also called, arriving about fifteen
minutes l^er. ' The two physicians
worked with Mr. Clarke, whtie Drs.
Hlldrelh, Balrd and Ackerman wefd
later called, arriving In a short time.
Mr. Clark seemed to gradually
grow weaker, Til? jajt alarmed rela|tives
and friends who lad quickly j
gather.ed around him. but tne physicians
opened a vein that seemed to
relieve the tension on the brain.
While the patient did not rdgaln consciousness,
he did sink Into a sleep.
The matter of keeping the patient
in the church over night was discussed,
and while some of the physicians
favored the step. Dr. Ackerman was
of the opinion that he could be taken
home. Upon this advice the family
determined to take Mr. Clarke to his
home on Main stree above Ninth.
I An effort was made to secure an amj
hulance, but after a long wait it was
found that all were In use including
i the city one, and upon the offer of
Chief Clemens a stretcher was provided
and Mr. Clarke, taken to his
home in the patrol wagon. The ride
did not seem to harm the patient in
the least. Dr. Fulton, the son-in-law
of the sick man, a trained nurse and
several friends and the wife remained
at the bedside all night.
WHEELING, July XL?The storm
that struck this city about six o'clock
last evening and which lasted until
later in the evening, pipyed havoc on
the South Side.
During the electrical storm the light
nlng struck the tower of St. Andrew's
church at the corner of Thirty-seventh
and EofT streets and did quite a bit
of damage to the church and the rec
tory that Is connected with the church
After a hasty examination was made
't wasfound that a number of shingles
were torn from the roof and In falling
luoke several windows of the rectory.
Some of the curtains and furniture In
the recory were also damaged. The
exact extent of the damage done Is not
known, but Is thought to be not great.
'< full examination will be made this
The heavy rain that followed the
"lectrlca! storm flooded a large number
of cellars on Woods street, between
Thirty-sixth and Forty-third streets.
The sewers tilled up with great rapidity,
and when they overflowed the cellars
began to All. This put the residents
to some trouble, but no serious
damage was reported.
Mrs. E. C. Jones went to Clarksburg
to-day to visit relatives.
The speolal meeting of the Marlon
County Bar Association In the library
room last night was well attended and
two matters of Importance were transacted.
The flrst was the resolutions
passed concerning the annual vacation
for the members of the Association
during the month of August. The resolutions
read: '
Vacation Order.
Resolved, That In order that the
members of this association who so
desire may take a vacation during the
month of August, 1907, that no attorney
who is a member of this body
shall be requited to attend the trial
of any case or the taking of any deposition
during said period, except It
be In cases of Injunction, attachment
or some matter demanding Immediate
attention for the protection or preservation
of a client's rights: and,
Resolved, further, That this association
requests the Judge of the.Intermediate
Court to dispense with Jury
Your (wrreepondent saw Senate
where he waa In attendance on West
Virginia Day, and aaked
nnlltleai novrwnw
J was reported to
Ing the time that h? aniowtT^w
at Jamestown. The senator said:
"There was not a word ;of troth Id
the report, and to show how ridlculoas 9
and absurd the statement^ are, Senator
Elklns was not even the!
ernor White was called away on business
to either New York or Philadelphia,
and while I saw him for a few
minutes there was nqt a word of politics
discussed between us, andT" tfiak
the same Is true In regard to all the
other West Virginians that wero
there. I saw Mr. Swisher at a distance,
but not close enough to speak
to. and I did not even as
Arnold Scherr. who was reported to
have, been there. [ saw,Attorney
General May for about Ave minutes,
and Congressman Woodyard just as
be was leaving tbe grounds to la! the
boat for Washington. How such an
absurd report could bav
that prominent men of the party had
gone to Jamestown, and were;
for the express purpose of fixing up
any slate I cannot understand.
"We can say that tbe story was.made':'-.^^
out of whole cloth, t 'do not believe It ?
ever entered ex-Governor WhltB'j^heaLd
to become a candidate for the office of
governor again.
"Another story that I notice going i
around Is that Senator HKjpt
myself are to be CMXfJat>?'*fM8;Jri?t^B
gates-aWarge-to-the next
convention. So far as r am concerned
under no clrcnmstances' would- 't
cept It, If tendered. Those places j
should go to. some good Republicans
In the State who work for the party
three hundred and sixty-five 'days
the year wltnout asking to b rethe
famous - succeeded so
well in june it will.00? ''^
ahead in july!
To-day another announcement - ot'^M
the clearance sale of the" ..Fam6tt|||sj|
store Is made and so sucee*a$ymii?j
Mr. Klaw In his former effort, thif-jhe^S
has decided to continue the clearance
sale for several days yet In whh&.tfme
he hopes to get rid of a good deal of
surplus stock. The month of June
was a very busy one With' tUs stbre|l!j
and by keeping his attractive :^6ei5f
before the public he hopes to
July sales even surpass those of last ^
tlon was the adopUon of raieslpf: pnfc- 5
tlce concerning the taking of depositions
and the signing of bills of exception.
The rules governing "these matters
read as follows:'
Notice to take deposltlowTout ot
the State pr away from the connty
neat shall contain the names ot all
the witnesses whose depositions are
to be taken, and no depositions ot any
witness whose name Is not Included
in the notice shall be read If the opposing
party objects thereto. And all
depositions taken In chancery
or actions at law shall >
the clerk a reasonable time before the
commencement of the term of
at which the said case Is to be subthe
judge-of the Circuit
termedlate Court In vacation sh
presented to the judge thereof a reasonable,
time and In no cn
three days before, the ex;
the thirty days provided by statnio
within which he may make up and

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