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\ I THE HATTIESBURG NEWS f EVERY INCH A NEWSPAPER VOL. II. NO. 218 HATTIESBURG. MISSISSIPPI, TUESDAY. AFTERNOON. NOVEMBER 10. 1908 THE NEW S IS THE ONLY DAILY PAPER PRINTED IN HAPPY, HUSTLING HAT U. IS KILLED Editor of the Nashville Tennessean Shot to Death in Street Duel Yesterday Afternoon. * NEWSPAPER FIGHT PROVOKED TRAGEDY > Carmack Had Been Warned Not to In dulge in Further Strictures of Col onel Cooper, But Paid No Attention to Threats. ❖ WAS AS8A8SINATION SAYS TENNESSEAN. ❖ * ❖ ❖ - ♦> Hearst News Service. ❖ Nashville, Tenn., November ❖ •> 10.—The Nashville Tennessean, ❖ ❖ Senator Carmack's newspaper, •> •> this morning says editorially: ❖ •> "Without passion, without desire <• ❖ for revenge; with pity and not ❖ ❖ malice in our hearts, we join ❖ •> alike with the friends and the •> ❖ foes of the dead man In deploring ❖ ❖ the awful tragedy and demand- •> ❖ lng the speedy and prompt exe- •> <• cution of justice on the men who ♦ ♦> who have been guilty of this un- ❖ <8> provoked and bloody assasslna- •> ❖ tion. ❖ * ♦ Hearst News Service. Nashville, Tenn., November 10.— Former United States Senator Ed ward W. Carmack, for the past sev eral months editor of the Nashville Tennessean and recently a candidate ggct J* .£j , V f-Mji C N Vi \/L 6 EDWARD W. CARMACK. for governor In the Democratic pri maries, was shot and killed on the streets of this city late yesterday afternoon. Three shots were fired Into his body at close range by Robin Cooper, son of Colonel Duncan B. Cooper. Senator Carmack was walking north on Seventh avenue in front of the ?olk fiats, when he was met by Col onel Cooper and his son. A few words were passed, when young Cooper drew his pistol and began firing. Sena tor Carmack pulled his pistol and fired once, Inflicting a slight wound on young Cooper. The trouble grew out of severe strictures In the columns of the Ten nessean against Colonel Cooper. It is said that Senator Carmack had been warned to "stop his strictures or take the consequences," but the Tennes sean of yesterday morning contained another severe criticism and the llowed. * ti Carmack Heartbroken. , le, Tenn., November 10.— ard Ward Carmack, almost W collapse, arrived here to Alumbia to accompany the ^fer husband back to Colum ^Be funeral will occur. ^Her, who was injured in j^Bwhen Senator Cai mac k in' da; reur b!a, Y the / lost his life, is resting easy in a local hospital and will soon be out. SPECIAL GRAND JURY TO PROBE THE MURDER. Nashville, Term., November 10.—A special grand jury has been summoned to take up the case of Colonel Dun can B. Cooper and son, Robin J. Coop er, accused of the murder of former United States Senator Edward W. Car mack. Neither of the Coopers have made a statement. It is expected, however, that they will waive a preliminary and apply for bail under habeas cor pus. SENATOR CARMACK'S CAREER. Had Been Long in Politics and Jour nalism in His Native State. Memphis, Tenn., November 10.— Former United States Senator Edward W. Carmack, who was shot and killed late yesterday at Nashville, was born near Castlilian Springs, Sumner coun ty, Tenn., November 5, 1858. He had an academic education, studied law, practiced in Columbia, Tenn., and was a member of the legislature of 1884. He was a delegate to the national Democratic convention of 1896 and a member of congress 1897-1901, from the Tenth congressional district of Tennessee. He served with distinc tion in the United States senate for six years, being defeated for re-elec tion in the primary a 'little over a year ago by former Governor Robert L. Taylor. Senator Carmack then re sumed the practice of law in this city, which was then his home, but within a few months removed to Nashville. Last spring he opposed Governor Patterson for the Democratic guber natorial nomination, championing the caupe of state-wide prohibition. He was defeated. Shortly after his defeat Mr. Carmack was offered the editor ship of the Nashville Tennessean. He accepted the offer and since then, and for the last two months, has been at the head of the Tennessean. Senator Carmack's newspaper ca reer began in 1886, as a member of the editorial staff of the Nashville American. He founded the Nashville Democrat in 1889, and when It was merged into the American he became editor-in-chtef of the latter paper. In 1892 he became editor of the Com mercial-Appeal at Memphfs. He married April, 1890, Miss Eliza beth Cobey Dunnington of Columbia, Tenn. CARMACK'S LAST EDITORIAL. The Article Which Appeared in the Tennessean Monday Morning. Nashville, .Tenn., November 10.— The editorial in yesterday morning's Tennessean referring to Colonel Coop er is one of several which have men tioned Cooper in uncomplimentary manner since Mr. Carmack assumed editorial management of the Tennes sean. It has reference to a recent conference between Governor Patter son and former Governor John I. Cox, between whom, because of past politic al contests, it has been alleged the feeling was anything but cordial. The editorial Is headed "The Diplomat of the Zwelbund," and reads as follows: "To Colonel Duncan Brown Cooper, who wrought the great coalition, who achieved the harmonious confluence of incompatible elements; welded the pewter handle to the wooden spoon; who grafted the dead hough to the living tree, and made It to bloom, and bourgeon, and bend with golden fruit; who made playmates of the lamb and the leopard and boon companions of the spider and the fly; who made soda and vinegar to dwell placidly In the same bottle, and who taught oil and water how they might agree—to Colonel Duncan Brown Cooper, the great diplomat of the political zwel bund, be all honor and glory forever." RECOVER FROM HIS INJURIES V He&fst News Service. New Yor^t November 10.—Edwin M. Morgan, pAitmaster of New York City, who was s(\ot yesterday by E. H. M. Mackey, is kTeatly improved to day and his pylmicians say that he will be out In ten Mays. k Some deserve praise for what they have done; some for what they have not done. i *! : u ■ t 4 ; m } >& ? ? ** * ■ $ m* >'A % s i ; 1 ■■ fj Jj ulii! i & W A. M if; w Andrew Carnegir, his wife and daughter, who have returned from Europe. it I ;U' ! MAYOR DEAD IN JACKSON Hearst News Service. Jackson, Miss., November 10.—Ram sey Wharton, mayor of Jackson, died suddenly at his home In this city last night, after having spent the day in his office. . He was well known and highly es teemed throughout the stale and had served two terms as mayor of this city. His first term was during the yellow fever epidemic of 1898, when he made a great fight to conquer the disease. [ * iH 1 1 4 u . - Birmingham Officer Killed By a Woman Hearst News Service. Birmingham, November 10.—Barney Keyes, aged 45, was killed this morn ing at the home of Mrs. Sallie Rich ardson. Keyes, who was a special officer, is said to have been married to Mrs. Richardson. A son of the wo man by a former marriage said this FACTORY TO BE DISCUSSED It is desired that all the directors of the Commercial Club bear In mind the meeting tonight, which is one of a great deal of importance. Not only are the directors asked to be pres ent, but all members of the club are cordially invited and It is hoped and believed that much good will result to Hattiesburg from the meeting to be hold tonight. There are two very Important sub jects to be discussed tonight, one of them being the building of a canning factory In Hattiesburg and the other the holding of a county fair next year. Both matters are of great importance, and in connection with the fair propo sition it might be well to make It a great thing and take In all of South Mississippi, Hattiesburg being the cen tral city. GEORGIA ATTORNEY DIES OF OPERATION Macon, Ga., November 10.—Querry Cablness, a prominent attorney and former city recorder, died here today following an operation for appendi citis. He was 32 years of age. morning his mother was slapped by Keyes and later the boy alleges that he heard two shots. Neighbors made an investigation and found the body of Keyes in the dining room. The woman is being detained by the police pending an investigation. If you are not already a sub scriber, call No. 35 over either telephone and have your name en rolled on the list. The News Is already a good It will be a better newspaper, one as the days and weeks go by. More than s,ooo residents of the Hattiesburg ter ritory regard the paper as more than worth the subscription price, 50 cents a month. Call No. 35 today and have your name enrolled. Never mind the pay. Our collector will attend to that. Remember the Number, 35 ilep Over Either T# hone. % ■■HP ALFRED WILBY HAS WON A VICTORY IN THE SUPR 'H o o Emperor William Is Up In the Air With Zeppilin Now i Hearst News Service. Freidrichshaff, November 10.—De spite the protests of his personal friends and advisors, Emperor Wil liam today accompanied Count Zep pelin in his reconstructed airship. A strong northwest wind was blow ing and the start was for a time de layed in the hope that the wind would STANDARD OIL WINS ANOTHER VICTORY; ATTORNEYS SCORED : Hearst News Service. Chicago, November 10.—The Stand ard Oil Company won a conspicuous victory in the United States Circuit Court of Appeals in this city today in its fight against the payment of the $29,000,000 fine imposed by Judge Landis. In the decision rendered to P-i 1 - „ 'JafeffW. ? Wm 11 Nr t JKSfjSr,-*. mm §- : 1» •v 4m* , > •i Hi JUDGE KENESAW M. LANDIS. TO TRY JOE WILLIAMS ON 17; Only a few minor cases have been heard in the circuit court this morn ing, hut business is liable to pick up at any time. Next Tuesday, one week from to day, Joe Williams will he put on trial on the charge of killing Ed Howell. His attorneys are J. E. Davis, Luther James and A. C. Cherry. A special venire will be summoned. Luther Speights, charged with shoot ing with intent to kill Carey Ladner, will be tried Monday week. This case comes to Forrest county on a change of venue from Lamar county, negrfi is charged with shooting at Ladner at the time young Wheat was shot by Charley Smith. It will be recalled that Wheat was brought to This the South Mississippi infirmary and his condition was considered serious abate, hut there was still a stiff breeze when Count Zeppelin left the earth with his distinguished passen ger. Nearly 200,000 people witnessed the ascension of the giant gas bag, which rose majestically and began its jour ney over Lake Constance. The ship was still in the air when this dispatch was filed at 2 p. m. : day the application of the attorneys of the government for a rehearing is denied and the government lawyers are sarcastically arraigned for their alleged ignorance of legal terms. It Is probable that the United States Supreme Court will next be appealed to for a writ of certoirari. for some time, but he finally recov ered. The negro, Charley Smith, who shot young Wheat was sentenced to the penitentiary for 7 years in the Lamar county court. Senator T. G. Bilbro, who is in the city today, will represent Speights. EDITOR KILLED BY AUTO St. Louis, Mo., November 10.—Dr. David Thompson, author and editor of the Northwestern Christian Advo cate, died here this morning from in juries sustained In an automobile ac cident last night. 'H o ibi Case '<m WUch j Plaaber*. Lit Reversed a i AIAI-1EAC; ill Men WhoMH Their Owiff Privilege Great Impo ir Tax is i i m In the case of ■Ured Wilbfl state, the suprerfigcourt iat JdB rendered a most doe' yesterday, the gistlaf wl of much local inter^^^fl court says: In brief, the efTect of the d^claloo is that h plumber who talcs' contracts for work and does the work hiiniiifl is not liable for the privilege tax in? posed under section 3854 of the code of 1906, because he employs no help and makes no profits from his busi ness other than being paid for his own labor. It is held that the section referred to has application only to in dividuals, firms or corporations mak ing contracts and completing them by employing others to do the work. In the decision Judge Mayes takes occasion to severely condemn the class of legislation found in some sec tions of the privilege tax law since 1904, and says that "it is not for the genuine purpose of creating a revenue for the state, hut to drive out of the business the competition of small con tractors who are unable to pay the tax." will i8>'prem< ■ t Alfred Wilby, the appellant, is a practical plumber living in the city of Hattiesburg and working at his trade for a livelihood. One H. M. Hanna was engaged in the barber business in Hattiesburg, and desiring to have certain plumbing work done in his shop, employed Mr. Wilby to do the work, agreeing to pay therefor the sum of $240. Wilby did the work for Hanna, procuring the material from one Batson and Hanna to secure the purchase price of the material used in the work. It also appears that Wilby did some work for Mr. Batson. It does not appear from this record that Mr. Wilby was engaged in the busi ness of making plumbing contracts and employing others to do or assist him in doing the work. He had no established place of business in which he kept plumbing supplies for the pur pose of furnishing the material to carry out contracts; he was merely a practical plumber, doing such work as he obtained to do himself; perform ing his own labor, maintaining no bu reau for the purpose of obtaining plumbing contracts and employing others to do the work or to assist at his trade from day to day, taking such contracts and doing such work in this line as he found to do. This constl (Continued on Page 4). ♦ THE DAILY NEWS ♦ PROGNOSTICATOR. ♦ •U & I I m. '.;V* Vo •I r o Washington, November 10.—Fore cast for Mississippi; Showers and cooler tonight; Wed nesday showers.