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5J 3 J VOL 11,—NO. 247. HATTIESBURG. MISSISSIPPI. TUESDAY AFTERNOON. DECEMBER 15. 1908. SINGLE COPY 5 CENTS HATTIESBURG IS AFTER REDIED FREIGHT RATES . 4 Large Delegation of Citizens Go Before Interstate Commerce Commission T. MARSHALL MILLER ATTORNEY IN CASE o Gives Interesting Interview in New Orleans Paper Regarding the Con tentions of Hattiesburg—Railroad Side Will Be Heard. A large delegation of citizens mem bers of the Commercial Club left yes terday afternoon for New Orleans ■where they will appear today befot£ the Interstate Commerce Commission in an efTort to secure for Hattiesburg an equitable freight rate. The hear ing began yesterday before Commis sioner Clements and will be continued through today. At the New Orleans meeting of the commission yesterday the city of Hat tiesburg was represented by V. M. Scanlon, T. S. Jackson, E. W. Hick man, C. W. Hassell and W. A. Morris man, all of whom went to New Or leans Sunday. Secretary Larson and fifteen or twenty other citizens left yesterday afternoon for New Orleans In order to appear before the commission to day. It Is believed that Hattiesburg will secure the rates asked for as it is nothing but just that she should. The rate case from this city was carried before the Interstate Com merce Commission more than a year -ago and this is the first time it has come up for a bearing. The case will hardly be decided for some time, as the railroad people claim the right to be heard in the matter and they •will be givpn a hearing later. Concerning the hearing of this case, the Times-Democrat says: Eighty-four railroads and steamship lines are to be arraigned before the Interstate Commerce Commission to day under a complaint of the Hatties burg Commercial Club on a charge of making excessive freight rates to that city and discriminating against it as in favor of cities within less than 100 miles and of relatively less com mercial Importance. The style of the petition Is "The Commercial Club of Hattiesburg vs. the Alabama Great Southern and other railroads and This "and other steamship lines." railroads and steamship lines" takes In all of the great trunk lines with the exception of those operating In the Far West and through the New England states and all of the steam ship lines doing business with Gulf port, Mobile and New Orleans. Former Attorney General T. Mar shall Miller of Mississippi, who has been retained by the Hattiesburg Com mercial Club to press the suit, said yesterday that the Hattiesburg merch ants and jobbers had been compelled to make the petition because the job bers In other towns were being en abled to dome right into territory (Continued on Page 4). ♦ THE DAILY NEWS ♦ PROGNOSTICATOR. ♦ r\ 'l c ■' p S! - i S, ,t <1 ,OUDY -Washington, D. C., Dec. 15.—For Mississippi: Partly cloudy tonight, probably becoming unsettled by Wed nesday; moderate temperature. »■ TEDDT TAKES PULITZER TD TASK TODAY Accuses the New York Editor of Publishing Willful Slander Against Chas. P. Taft. ATTORNEY GENERAL ASKED TO PROSECUTE Message Sent to Congress Today Is Said To Be the Warmest Document Ever Before Written by Strenuous Executive. Hearst News Service. Washington, Dec. 15.—Couched in language probably without a parallel in the history of state papers, Presi dent Roosevelt today sent to congress a message dealing with the charges made by the New York World regard ing its charges concerning the deal by which the United States came into possession of the French Canal Com pany on the payment of $40,000,000. In the World article It has been hinted that Charles P. Taft, brother of the president-elect, and Douglass Robinson, brother-in-law of Roosevelt, received part of the money. In a fearful excoriation of Editor Joseph Pulitzer of the World, the president denies In toto that any graft was connected with the negotiations incident to the purchase of the prop erty of the French Canal Company, and says that the United States at torney general is now preparing to in stlute prosecution against the New York World and its editor and owner for criminal libel. The president maintains that there has been nothing to conceal and gives many records showing the process of the negotiations for the sale. He denies most emphatically that either Charles P. Taft, William H. Taft or Secretary Root had anything to do with the transaction, which was conducted entirely by Philander C. Knox, at that time attorney general. The message characterizes Pulitzer of the World as a slanderer. The verb age of the document far outdoes any previous efforts of the president In the line of strenuous denunciations. ARF TAKFN FROM RUINS Panama Disaster is Woist in the History of the Canal Zone, It is Said. Panama, Dec. 15.—The quantity of dynamite which exploded in the work ing of the canal at San Obispo Satur day is now said to have been twenty eight tons and the damage done cov ers more than fifteen acres. Twenty-five dead bodies had been discovered up to noon today and many more are said to be under the debris. The seriously Injured number nearly a hundred and several of these will die. Thus far the officials have been unable to fix the blame, but a thorough investigation Is being made. The accident Is the worst that has occurred on the Isthmus since the beginning of operations by the old French Company. IBRIDE OF V WAS SHOT Devoted Young Husband Fired the Shot Which It is Feared May Prove Fatal. WOUNDED WOMAN IS BROUGHT TO THE CITY Weapon Was a Shot Gun and Sev eral of the Shot Passed Through Her Lungs—Now Resting Easy at South Mississippi Infirmary. A sad and pathetic accident curred late yesterday afternoon in the Eatonville neighborhood in which a bride of about three months was pain fully, and It is feared, seriously hurt, in an accidental way, by a loving and devoted husband. The lady who was the victim of the sad accident is Mrs. Cora Graham, wife of Mr. E. E. Graham, who is al most heart-bi^ken over the terrible affair. oc It appears that Mr. and Mrs. Gra ham were out walking in the field, not far from their home, and that Mr. Graham had his double-barrel shot gun along. A rabbit was spied on the roadside and Mr. Graham raised his gun to shoot when the trigger snapped and the gun failed to fire. About this time a squirrel was seen tree near-hy and Mrs. Graham supposed to be watching the squirrel. Mr. Graham then tried the other bar rel of the gun on the rabbit and It fired, killing the rabbit. He then up a was attempted to reload his gun quickly so as to shoot the squirrel, and un breeched the gun and placed two load ed shells in it. As he went to snap' the gun together, one of the barrels fired, and Mrs. Graham, who had started toward the rabbit caught the full load In her body, caused the Just what to explode is not gun known, unless It was the force used in throwing it together. Mrs. Graham fell to the ground, seriously wounded, and her husband rushed to her aid at once. He found that the load of shot had strucjt her under the right should er and had ranged upward. He got her home as speedily as possible and summoned Drs. Stevens and Mounger of this city, who found that some shot had passed through the lungs and that the condition of Mrs. Graham was very serious indeed. She was brought to the South Mississippi Infirmary this morning, and her condition is con sidered quite serious and her recovery is very doubtful. It is said that pos sibly she has an even chance to live. The husband is almost crazed with grief. He and his wife had only been married about three months, Mrs. Graham's maiden name being Miss Pool. STAOINS FIRST POINT Judge Sends Men On Horseback to Arrest Men to Serve As Jurymen. Union City, Tenn., Dec. 15.—Judge Jones today despatched men on horse back to various sections of Obion county to summon 300 veniremen from which to select a Jury to try the night riders who participated in the murder of Captain Qulnten Rankin at Reelfoot Lake. The action of the judge In deciding to summon the veniremen himself is considered a victory for the state, the defense having contended that this should be done by the sheriff In the regular maner. vv \ : i & ft :i : : / A. • y i m m . \ I I y I m M t w ; ir W /rjommrro f avoid jneoavts ° • JZJti m/to jars asim/cnar UWMMDMtDM OKZJ&ZXIOD Don Luis Toledo-Herrarte, the Guatemalan minister, who was seriously hurt in an automobile accident. Old Fiddler s Contest is Arranged Jor Friday Night; Benefit of the City's Poor The old fiddlers' contest will be given at the Auditorium Friday night and it is probable that the building will be filed with spectators and those who delight in the i old-time music, especially as the proceeds are to go to the Kings' Daughters to help buy things for a Christmas tree for poor children. It will be one of the rarest treats that has been given in Hatties burg for some time. Mr. R. A. Bell will be master of ceremonies and the names of the Judges, for the fiddlers' contest will be announced later. The following splendid program has been arranged for the evening: Program of Old Fiddlers' Contest. "The Kiss Waltz," Chorus. Medley, Chorus. "Dutch Warble," Chorus. "Rochester Schottische," Chorus. "Rose Waltz," Chorus. "Jenny Lind Polka," Chorus. Fiddle Contest. Accompanist, piano, Mrs. John T. Haney. Accompanist, guitar, Mr. John W. THREE DEAD; SUICIDE PACT Destitute Family in Chicago is Believed to Have Agreed to Die Together, Hearst News Service. Chicago, Dec. 15.—A. Bernstein, a painter, aged 22; Eugene Feineberg, a fortune teller, aged 21, and Mrs. Carah Feineberg, mother of the latter, are all dead as the result of a suicide pact. Bernstein had been out of work and roomed with the Feinebergls. All were despondent and it is believed that they resolved to die together. $20,000 VERDICT AGAINST RAILROAD Daily News Special. Brookhaven, Miss., Lee. 15.—After being locked up since Saturday night the Jury In the case of Mrs. Z. Daniel aiainst the Illinois Central Railroad Compjany yesterday returned a ver dict for the plaintiff for $20,000. Mr. Daniel was killed by a passenger train at Bogue Chltto on the night of July 4, last.. On account of hls death, suit was brought for $50,000. It takes a lot of piety to stand up against prosperity. ton. chestra. Hontague. "Cotton-Eyed Joe," Dr. J. D. Donald. "Hop Light Ladies," Mr. T. S. Cot "Mississippi Sawyer," Mr. D. B. Holmes. "Jordan's Reel," Mr. H. C. Greer. "Haste to the Wedding,' Mr. M. 1*. Pickett. "Soldiers' Joy," Mr. W. E. King. "The Lost Child," Mr. John R. Tally. PART II. Vocal Solo, Emily Massengale. Selection, Philathea-Barraca Or chestra. Vocal Solo, Katherine Donald. Selection, Philathea-Barrac Or chestra. Vocal Solo, Mrs. B. D. Moore. Reading, Mrs. Stokes V. Robertson. "Bugle Horn,' Mixed Quartette. Announcement of decision by judges. Awarding of prize. Selection, Philathea-Barraca Or FARMER SHOT Was Returning From Farmers Union Meeting When Some One Fired On Him. Jaily News Special. Wanyesboro, Miss., Dec. 15.—Satur day night about 9 o'clock as Henry Walker, who had been attending a meeting of the Farmers' Union at Woodward sehoolhouse, three miles northwest of Waynesboro, was return ing home, some unknown person shot him, Inflicting a painful, though not dangerous wound in the back of his head. Mr. Walker was alone and had a lantern at the time. He had no idea who shot him. He is the pro prietor of a grist mill and cotton gin. Drs. Rush and Slaughter were sent for and after examining the wounds pronounced them not dangerous. The dogs at the county farm were sent for immediately, but nothing has been heard from the scene. TRIBUTE TO A WORTHY MAN. Before closing its session in New Orleans, the Farmers' Union of Amer ica adopted a beautiful tribute to the memory of Mr. J. K. P. Shows, the prominent Forrest county citizen who was killed in the wreck on the New Orleans and Northeastern while In route to the farmers' union meeting In New Orleans a few weeks ago. The deceased was one of the best citizens of the county and the tribute paid hls memory was altogether appro priate and fitting. DR. BIRDSONG GETS LIFE TERM -a 1ST STAND HEAVY LOSS I I I Supreme Court Renders Impor tant Decision in Cotton Shipment Litigation. [CARRIER RESPONSIBLE IN MATTER OF WEIGHTS Numerous Other Important Decisions Handed Down By the Court Late Yesterday Afternoon.—Several Rail, road Suits Affirmed. Jaekcon, Miss., Dec. 15.—According to a decision handed down by the su preme court yesterday afternoon, rai roads are responsible for shortage in weights on cotton shipments, case in point was that of the Y. & M. The V. Railroad Company vs. G. V. Bent & Co. A Greenwood firm shipped a | carload of cotton, which was paid for | on the evidence contained in a bill j vhen the shipment ar of lading, but rived it was found to be 20,000 pounds I short. Suit was brought for recovery | of $897 and judgment was secured j against the railroad. The decision is upheld. Other decisions rendered were as follows: By Whitfield, C. J., Monday: R. J. Spier vs. Missouri State Life Insurance Company, circuit Oktibbeha, motion sustained. Mrs. Beulah Haley vs. A. T. Stovall et al., chancery Monroe; motion sus tained. Lawrence Lumber Company et al. vs. A. J. Lyon & Co., chancery New ton, two cases, reversed. Chris Carso vs. City of Clarksdale, circuit Coahoma, reversed. B. J. Hubbard vs. Caroline Hemp bill et al., chancery Grenada, re versed. R. E. Neal et al. vs. National Drill Company, circuit Talahatchie, af firmed H. P. Reid vs. Y. & M. V. R. R., cir- j cuit Coahoma, reversed. Dr. S. O'Kelley vs. Y. & M. V. R. R,, circuit Washington, reversed, By Mayes, J.: Y. & M. V. R. R. vs. G. W. Bent & Co., circuit Hinds, affirmed. Mrs. C. L. Dickerson et al. vs. Mrs. F. H. Leslie, chancery Bolivar, af firmed. B. L. Smith vs. Mrs. Lucy A. Moun- j c ger et al., chancery Clay, affirmed. N. O. &. N. E. R. R. vs. Jennie Mayes, circuit Lauderdale, affirmed. Wirt Adams, revenue agent vs. H. T. Saunders et al., circuit Oktibeha, suggestion of error overruled. Bank of Booneville vs. Louisiana Bank & Trust Company, circuit Pren tiss, motion overruled. M. J. & K. C. R. R. vs. Robbins Cot ton Company, circuit Union, motion overruled. By Fletcher, J.: A. A. Beasley vs. Mrs. Sophia A. Cot trell, chancery Clay, sustained and appeal dismissed. M. E. Saunders vs. George W. Steph enson, executor, circuit Marshall, ap peal dismissed. J. S. McPhail vs. J. A. Blaun, circuit Leake, appeal dismissed. Postal Telegraph Company vs. J. M. Howard et al., circuit Holmes, af firmed. Lewis Nash vs. Y. &. M. V. R. R„ circuit Warren, affirmed. Mrs. Elizabeth Robertson et al. vs. John G. Robertson et al., chancery Holmes, affirmed. D. M. Matthews et al. vs. N. O. & N. E. R. R., circuit Lauderdale, reversed. to ACTORS WED. New York, Dec. 15.—It was an nounced last night at the Knicker bocker theatre that Fritz! Scheff and John Fox, Jr., were married Sunday. -a Compromise Reached By Attor neys Just Before the Noon Hour at Hazlehursl MURDERER EXPRESSES THE KEENEST BEGRET Woud Willingly Give His Life if He Could Restore Dr. Pitts to His Fam ily—Quickest Trial in History of the State. Daily News Special. Hazlehurst, Miss., Dec. 15.—An agreement was reached at 11:30 o'clock this morning between the at torneys of Dr. T. B. Birdsong and the family of Dr. A. B. Pitts, permit ting Birdsong to plead guilty to murd er and take a life sentence in the state penitentiary. The attorneys for Birdsong signed an agreement that they would never ask for a pardon or lend their ini iiuence to secure one. The combination by which the case is settled seems to meet the approval of all ami Birdsong will commence his sentence in the penitentiary in a few days. Before passing sentence Judge Pot ter asked Dr, Birdsong if he had any which he replied: | *^Ing t0 sa - v ' t0 | " There is very little that I can say, j exce l*f that I regret the death of Dr. ^tts more than I can tell, and I would gladly give my life if I could I | j bring him back." This was the quickest trial in the history of Mississippi criminal juris prudence. Dr. Pitts was killed at 3:30 p. m. on last Thursday afternoon. The grand jury was recalled and an indictment returned Saturday morn ing. Monday the attorneys for Dr. Birdsong filed a motion for change of venue and examined witnesses until last night. The entire morning today was spent in conference by the attorneys in try ing to reach an agreement, and it is said that the proposition which was finally accepted came from Birdsong's attorneys, who realized that their client would probably be hanged if the case was allowed to go to a jury, SELECTING JURY TO TRY j j c iL III n i.f. , n Seventh Man yUallties To i3SS rv p . I T I 14 ' rate 01 1. J. Plains in vi y i lwW I OfK. Hearst News Service. New York, Dec. 15.—The work of selecting the Hains jury proceeded to day, Alexander Jardin, a plumber, be ing selected as No. 7. Mrs. William E. Annis, wife of the murdered man, dressed in heavy mourning, appeared in the court early. She will testify during the day for the prosecution, but the hour will not be announced until after the other five jurymen are selected. Elmer White, of Brooklyn, an at torney who was excluded from the prosecution yesterday, was allowed to reinter the case today, having been regularly appointed assistant district attorney by Prosecutor Darrlng. The prisoner, Thornton J. Hains, seems to be the least Interested of the spectators. He eyes each juryman closely, but beyond this seems to be little concerned with the proceedings. room SENATE TO ADJOURN. Washington, D. C., Dec. 15.—The senate today passed a resolution prev iously passed by the house providing for an adjournment for the holidays from December 19 to January 4.