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13 V 1f Twenty-Eighth Year. JOHNSON CITY, TENNESSEE, THURSDAY, APRIL 13, I9II. Whole Number 1397 1 THE DMEYHE IS COMPLETED TILROUPE . IS ARRESTED FOR CONTEMPT OF COURT It is Expected that the Trial Will 'fee Completed Today Few Witnesses After the slow, tedious and wrang ' ling afternoon session of court on Monday at Jonesboro, finally result ing in the selecting of three jurors in the trial of Foy W, Dulaney, the counsel for the state yesterday morn ing secured the discharge of the three jurors chosen, and the selec tion of a new jury was commenced. At the opening of court Mr. Bur row, for the state, read an affidavit ofMr. Hensley, acting attorney-general, claiming and charging that the men summoned for jury duty had been spoken fo and tempered with by one Til Rupe and asking that an order issue causing said Rupe to ap pear and show why he should not be punished for contempt of rourt. Such an order was issued by the court, the arrest of Rupe was direct ed.but Rupe had hastily departed and had not been found when court ad journed. A bond of five hundred dollars fixed. Mr, Burrow then read another affidavit of .the acting attorney-general, asking the dismissal of the three jurors chosen, on the ground that they were among the list of names which were nearly all from the Boone's Creek dis trict, near the home of -Til Rupe; and charging specifically that Juror Jackson was habitually under -the in fluence of intoxicating liquors that Juror Martin was a brother-in-law of Deputy Sheriff Hale, who, it was charged, is an intimate friend and supporter of Dulaney, and that the name of Juror Maupin was called and given to counsel as G. T. Maupin, when as a matter of fact the man selected was G. P. Maupin. On this affidavit, the court dismissed the jutors and ordered that the names of all the remaining men summoned be put together, and drawn from the box. The balance of the day was taken up in obtaining a jury, which was completed at 4:30 p. rri. Each man was subjected to a searching examination by counsel for both the state and the defendant, and of the peremtory challenges al lowed, the defendant used the en tire eight allowed, and the state used three out of their allowed four. The jury as chosen consists of E. E. Allen, C. H. Booth, E. J. Million, Bruce Chase, Lafayette Isley, R. E. Phillips, Cain Hammett, W. F. Reed, J. E. Grecnway, A. J. Mil horn, J. D. Keefauver and Lode Barnes. After the jury was completed, counsel for defendant announced that they had a matter to present to the court while the jury w ithdrew, 1 and before the jury was Sworn. The court overruled a request to delay ( the swearing in of the jury until this morning, to allow counsel time in which to confer and reduce their motion to writing. Counsel for de fendant then orally presented a gen eral challenge vto the array, which was overruled by tve court on the ground that it came too late, and should have been made to each indi vidual juror as chosen. The motion will be presented this rrorning in writing, and made a part of the rec ord. - . D ft Tranum, -wife ami tftughter returned yesterday from Fit., alter a stay of ajvjral w-jeks. - All INTERESTING PROGRAM Is Carried Out and Large Crowd Attend All Services, Twelve Thousand Dollars Raistd The dedication services of the Christian church on East Main street were held Sunday morning-, beinr conducted by Gen. Z T, Sweeney, of Columbvs, Ind. Sim pie and impressive introductory service was conducted before Dr Sweeney's sermon, aji attractive part of which was a solo wel rendered by Mrs. A. C. Akin. We are going to digress from our re port here, at the risk of mingling an editorial comment with a news item, and say ' that Mrs. Akin sang without having music or words before her. We have often wondered how a person professing to be a musician could be so fool ish as to attempt to sing a solo expressively without learning it and singing from memory. We had much rather hear a preacher read his sermon from manuscript than to listen to a soloist reading the music while singing. Dr. bweenev s sermon was a masterpiece of logic, eloquence, wit and patnos. His text was taken from the 13th chapter of Corinthians, and his subject "Love." Prefatory, Dr. Sweeney divided the laws of the Universe into two classes, the natural and the supernatural. To the super natural is ascribed the creative power, to the natural the propa gat ion and perpetuation of that which is created by the supernal ural. Miracles, he said, may be considered as be.ing governed by supernatural laws, but they did not transgress the natural; the two worked in concert. The foundation of the church of the christian belief he ascribes to the supernatural creative power of God, by the miraculous gifts of tongue, and the gifts of the Holy Spirit.of power and of knowledge, The church as thus founded is to be propogated and perpetuated and extended by the natural pow ers of man, through the exercise of faith, hope and christian love. Dr. Sweeney believes that the church and its. power and influ ence are spreading rapidly and that the gospel of Christ will soon be predominent in every country on the globe. Hesaid that he expected to live to see the time when not a single saloon was in existence on the American conti nen t. His remarks on temperance were strong and convincing. The treatment of the subject of the sermon, leading through a description of a boundless Faith that never wavers even in times of bitterest adversity, an ever present Hope that begins in the cradle and ends with eternity, to the all-pervading Love that thinks no evil, that is not self- serving, ana tnat torms the char ter of man nearer the image of God, was a sound, oratorical ser mon such as is not often beard. After the sermon, subscriptions were taken to secure $10,000 to pay off the indebtedness of the church, end nearly $2,000 over this sum was raised. The addi tional amount will be used to pay off the balance due on the par sonage. Communion service was held in the afternoon, which was also a kind of fellowship meeting of the various ministers of the town. Revs. Dobbs, Vaught, Tarwater'- and Osborne made addresses. At night Dr. Sweeney again preach-' J 0 r . ed a splendid sermon, one of the most interesting and eloquent ev- . . -r , . x . er heard in Johnson City. Tonight at 7.30 o'clock a reception will be i.A v u.,.i. ,).. v held at the church, when the . Ml " ' i 1 . l public Will be invited tO inspect the new building. H. H. Dj it. relurnsd to-day from a business visit to Greeneville. T STORIES IRE TOLD One Lad's Back Covered With Dried Blood From Bruises Made by Buggy Whip Indignation is aroused ' to hig pitch in Greeneville and vi cinity over the reports as to the alleged mismanagement and mis conduct of Mrs. E. E. Wiley in the Greeneville orphanage. Since Mrs Wiley has been in charge of the institution tor a number o years without aay serious com plaints having heretofore been made, and has taken great inter est in the work of the Methodist church, the reports were all the more shocking; so much so, in fact, that at first they were con sidered idle rumors. Alter an investigation a few days ago however, a warrant was sworn out for her arrest, and she has since been under bond. Misap propriation of funds is alleged, in what amount it is impossible to ascertain. Among the current rumors as to mistreatment of in mates of the orphanage is the story of her having punished a boy (reported to be subject t6 epilep tic fits) by placing hirri In, a bar rel, and either intentionally or through forgetfulness, allowing him to remain there, for more than a day. When laken out he was in a very serious condition On another occasion Mrs. Wiley caused the arrest of three of the boys for some small offence (tak ing jam from the store rooms.) It is said that it was necessary for her1 to call on three or four officials before one could be found to make the arrest. After the lads were taken into custody it was found that one appeared to be in a weakene4 condition, but at first could not be induced to tell what the matter was. After considerable coaxing, however, he allowed his shirt to be remov ed, after the use of warm water on his back, and it was found that his back was cut and bruised in a fearful manner. He finally stated that Mrs. Wiley had beaten him with the handle of buggy whip. It is common talk that such treatment of the children, and not supplying sufficient food and clothing, has been going on for some time. It is also said that some charitable persons be ing interested in one of the in mates, had been supplying the institution with clothing and oth er articles for his use, but that such donations never reached the boy for whom they were intended. Rumors that the inmates" ears were pulled out of place, arms prained and bodies lacerated by heavy blows are freely circulated. The investigation is not yet completed, and until then it is not known whether these reports will be confirmed, or whether other matters will be brought to ight. The institution has been the recipient of many large dona tions for a number of years, not only from the church under whose direction it is operated, but from other institutions and organiza- ions and from citizens. The Methodist church officials will take up the matter soon, probably Sunday, and it will be thoroughly avesligated and necessary charg-j es made. It is probable, however, that the erpbanage will be closed for a time at least. A Qooi BeRinnins. Everything in later life depend, upon how we oegin it. Vou can not be successful in life if you haven't good health. To insure Kd h"1,h n. Ia(er ?" to start right. Many of life s serious ills are caused by constipation, indigestion and liv- er.trouble- The b"t w"Vcu;e,,,hem,.7l old or young is by the use of Dr. Caldwell's Syrup Pepsin. I absolutely guaranteed to do what ii claimed, and if you want to try it before buyinKi ,end your address for a 3nt Mmpe 1 . ! 1 C ll bottle to Pepsin Syrup Co., 119 Caldwell reil all druggists at 50c and $1 a bottle. siug., muniii-ciio, 111. . 11 is sola oy Cupt Kj b M. King ipent yester day in Br itol on business. - BRflUEHT TO LIGHT BANNER MINE EXPLOSION No Official Statement as to the Cause of the Explosion in the Banner Mine Banner, Ala., April 11. Remova ot bodies from the coal mine nqar here where 128 men were killed -last Saturday was resumed at 3 o'clock this morning after a temporary shut down to repair the air fans. Thirty seven were taken out during the night, making eighty-five recovered so far. Dr. J. A. Holmes, chief of the bureau of mines at Washington, was in the workings all night. He and his party made a thorough inspection and aided in the rescue work. The bodies of the convict victims are being sent to their respective home counties where they will be buried at public expense if unclaim ed by relatives. That of John Kil kutton, white, was among the last to be brought out. The men recov ering the dead report that, with the exception of a few covered by th fall of rock and slate, all the corpses will have been taken out by night The falls of rock are being cleared and broken brattices are being re paired rapidly and from now it is ex pected that there will be no delay in the work: There were two funerals today near nere. i hey were lor L,ee Jones, white, and Dave King, col ored. Both were free miners. No official statement as to the cause of the explosion will be made by Chief Stat: Kline Inspector Hill house until the tunnels are cleared and an inspection made by his de partment has been maJc. The esti mate of i8 dead is maintained. The Fertile Northwest MINNESOTA, NO. DAKOTA, MONTANA IDAHO, WASHINGTON, OREGON t Locate in this Land of Fortune. Make a good living and a good profit as thousands are raising apples and other fruits, vegetables, grains, alfalfa, cattle, hogs, poultry. &Ready markets and high prices for all you can produce. Delightful climate, fer tile valleys, irrigated land. Free Govern ment Land in choice localities open to Homesteaders along the Northern Pacific Rj livery low fares to the Northwest. Ask for free illustrated bookletaJ"Through the Fertile Northwest" folder, and full par. ticulars. Tell uwhat locality you are interested in. Write to" J. C. BATON, Traveling Immigration Agent I 40 E. Fourth St., Cincinnati, 0. ' if. J, COSTELLO, Traveling Pautngtr Agent j IS N. Pryor St., Atlanta, Go. CHICHESTER SPILLS DIAMOND BRAND LAMES t Ask r Ini1s for CHt-CHES-TER'9 uisMonu brand FIUL3 (a Red si Gold metallic boxes, sealed with Bl Ribbon. Tacb no othk. Bar of to nraairlaS ask for C11I-CU8-TCH DIAMOND RUAMD PI 1,1,8, for twf n-fiva Tears regarded as Best, Safest, Always Reliable. SOLD BY ALL DRUGGISTS EVERYWHERE CONFERENCES HELD Speaker Leach and Representative Swan Can't Deliver to The Regulars Nashville, April 11 Tb? " reg ulars" were two men shy in the house this morning when the leg islature met, and for this reason indications are that the election law amendment, by which it is sought to increase the election board members f-om three to sev en, will not be-reached today. Much field work was done yester day afternoon and last night, but all for naught. This morning found Mr. Terrell, of Hamilton, at his wonted place. But while two men had been gained the presence of two others had been lost and the "regulars," aided by Speaker Leach and Representative bwan, were powerless to get through the proposed compro mise law. Meanwhile other people were busy. Newell Sanders, chairman of the state republican executive committee, and members Harry A. True, of Memphis, and A. M McNeilly, of HumbolHt, of the state republican committee, reach ed the city this morning and held an early conference with Senator Luke Lea and Congressman Sam R. Sells. They counted noses and they compared notes. They decided that they were safe. But their opponents in the republican ranks were busy also. Judge ,G. M. Henderson, of Rutledge, is here. He came this morning. He held a long confer ence this morning with State Treasurer Taylor, and later Rep resentative Farmer, of Grainger county, Judge Henderson's home county, was brought into the meeting. What took place is not known or ever will be known un til Farmer votes. The fusionists claim him, as do the regulars. It is said of Farm er that he is holding the office of county superintendent of Grain ger county schools and also that of legislator and that his position is rather delicate, now that Judge Henderson, who is a power in Grainger county, has taken a hand against Messrs. Sanders and and Sells. Congressman Sells is watching every move of Judge Henderson, because it is common talk in the First district that the next opponent of Sells will be Judge Henderson or Gen. J. B. Cox. A phase of the old Brown-low-Evans fight is creeping into the contest. Both sides are claim ing .farmer, ana the lusionists with decided confidence. The latter will not deny the report that Mr. Brown, of Campbell, has signed up with ' regulars," and some say that he has also signed up with the fusionists and that he will vote with them, Mr. Sanders says he will go home tonight. He attended a meeting of the" directors of the N., C. & St. L. railroad this morning after the conference. Jesse M. Littleton is here and is moving prominently in the anti Sanders circle. The election bill mut be sot- tie this week, all say, but just when it comeS is a question. Messrs. Lea and Sells declare that they must they must hasten to Washington, but tbey still re main. Terrible Picture of Saffurine. Clinton, Ky. Mrs. M. C. McElroy, In a letter from Clinton, says: "For six year I wa a sufferer from' female troubles. I could not eat and could not stand oiv my feet wltho it suffering great pain. 1 had lost hope. After using Cardul a week I began to Improve. Now I fed better tRan In six years." Fifty yo:ir of success In actual practice. Is positive proof, furnished by those who have tried It, that Carduf can always be relied on for relieving female weakness and dis ease. Try Cardul, today, now ! w Philadelphia Pitcher Ready and Anious to Sign and Population . of Business Wants in Since our last report, we have re- ceived wireless announcing the fact that Scurry, outfielder, Lauter, pitche bchwnrt, outfielder, and Cotter, short stop, have signed contracts to play ball with the Johnson City team. And in addition: There is A I catcher in Chi cago that we can get if we need him; pitcher in Philadelphia that will come if ueeessary; an outfielder from some where up in Virginia who is aching to get down hare in fast company, if we find we have tny use for any more. and another pitcher in Brunswick Ohio, (whom we may get, if we feel like it), who used to play in the He serve League, and ont of fonrteeir games pitched, won eighteen or may be it was the other way, I don't rememhe now. liujnsvillo, N. C, wants to play en our team too. I don't know what the population of Burnsville is, but if there are any more people there besides those who have asked for contracts to play ball here, it must be a whaling big town. So many contracts hav been sent over there to show them just what is necessary to become one of the elite, that a new supply has been or dered from the printer. Some of the husky lads want to know if they are to bring shoes and shirts and uniforms, and some want to know if the players have to furnish their own bats and gloves and balls. One fellow wanted to know if he could sell peanuts while his side was on the bench. The Milligan College team, composed of Scurry, Simmons, Dave Taylor and a few other minor players, played game with Washington college t'other day, and at the end of the fifth inning. when the game was oalled, the score stood 1 to 0 in favor of Saurry, Sim mons and Taylor. The reason wasn't several to nothing, was because Sam Alexander was on the Washing' ton College side. Transportation was sent yesterday to Burleson, who has completed his train ing of college teams in. Florida, and he may be here the middle of the week Garner is expected Monday or Tuesday Get ready to holler. Never Out of Work. The busiest little things ever made are Lir. King's New Lite fills. Every pill 19 a sugar-coated globule of health that changes weakness into strength, languor into energy Dram-tag into mental power, curing const! nation, headache, chills, dyspepsia, malaria Only jsc at H. C. Miller's. STONE SLIDE IN NATURAL TUNNEL Bristol, April 11. Many coal trains from the Southwest Virginia mines were blocked through by a stone slide in the natural tunnel on the Virginia & Southwestern railway in Scott county, Virginia. It is esti mated 150 tons of stone fell upon the track from about midway of the great natural arch which spans the railway under the mountain for a distance of nearly a thousand feet it is nearly 300 feet on a perpendic ular line from the track to the natur al arch. There is no accounting for such a collapse in an arch which na ture, to all appearances, had made absolutely secure. Since practically the whole mountain is a solid mass of stone, men and dynamite were hurried to the scene and the track was cleared early yesterday. DANGER IN DELAY. Kidney Diseases Are Too Dan gerous for Johnson City People to Negject. The great danger of kidney troubles is that they get a firm hold before the sufferer recognizes them. Health is gradually un dermined. Backache, headache, nervous ness, lameness, soreness, lumbago, urinary troubles, diabetes and Bright's disease fol low in merciless succession. Don't neglect your kidneys. Cure the kidneys with. the sate and reliable icmedy, Doan's Kidney Pills, which has cured people right here in Johnson City. Mrs. Sarah Foran, 405 W. Poplar St., Johnson City, Tenn., says: "My back ach ed constantly and there were pains through my loins and kidney. I also had trouble from the kidney secretions. When I heard how" effective Doan's Kidney Pills were in such cases, I got a supply from the White house Drug Co. and began their use. They soon made me feel better and I continued taking them until I was well." 5 For sale by all dealers. Price 50 cents. Fostcr-Milburn Co. Buffalo, Kew York, sole agouts for the United States. Remember the name Doan's and take no other. THE SIXTH SESSI01 EDUCATIONAL ASSOCIATION KNOXVLLE 6N THURSDAY Johnson City Will Be Represented By T. E Utterbacfc, W. J. Barton and Others The sixth annual session of the East Tennessee Educational associa tion will be held in Knoxville on Thursday, FriJay and Saturday of this week. Prof. Brooks and a number of the teachers from John son City will attend the meeting. Joh nson City is represented on the staff of officers by T. E. Utterback, first vice-president and W.J. Barton, chairman of executive committee. The sessions will be held in the Fifth avenue high school building. On Friday morning the association will be addressed by Prof. Gilbreath, of this city, on the East Tennessee Normal school; also by Hon. J. A. Patten, of Chattanooga, on com pulsory attendance. On Saturday addresses will be given by Miss Jessie Field, superintendent of schools, Page county, Iowa, and by Dr. J. N. Hurty, secretary of the state board of health, Indianapolis, Indiana. Sectional programs are ar ranged for Friday and Saturday. The object of the association is to im prove the educational conditions of East Tennessee, and their motto The closer adaptation of the work of the public schools to nresent needs and demands of life in East Tennessee.'' A Hopeful Message to Scafo Sufferers and Men Whose Hair is Thinning. Dandruff now baid later. The same is true of scalp diseases. In fact, baldness is scalp disease. ' The trouble with the greasy salves and lotions, the so-called dan druff and scalp cures you have tried so far is that they don't do anything but tempora rily relieve the itchine and cake the dandruff so it doesn't fall until it's dried out again. Nothing can cure, really cure, such troubles but a real scalp medicine that will kill the germs causing dandruff and scalp disease. Learning from leading fellow-drugeists tnroughout America that they had found a whirlwind cure for dandruff, eczema and all iseases of the skin and scalp, the City Drue Co., on proving to the laboratories compounding the treatment, that it is the most prominent drug store in this city, secur ed the agency for the remedy. This remedy 1 z-emo, the clean, liquid preparation that ills the germ of disease and Zemo Soap to wash the scalp or skin clear and clean of the dandruff or scale and by its antiseptic uaiuies sootne ana neai. Sold and guaranteed by dniEeists everv- here and in Johnson City by the Citv Drue Company. 3 OR DIRECT ELECTIONS OF SENATORS BY PEOPLE Washington, April 11. Three resolutions providing for the di rect election of senators by the people have been introduced in the house since the opening last Tuesday of the Sixty-second con gress. The third of these was ntroduced by Representative Beall, of Texas. Representatives Suizer, of New York, and Cooper, of Washington, were the authors of the first two. OLD SOLDIER KILLED BY TRAIN. Greeneville, April 11. -The body of James F. Swecker was found at a point about four miles west of Greeneville yesterday. The discovery was made by the crew of a passing freight train. It was evident that he had been walking on the railroad track and had been struck by a passing train in the night. Swecker was an old man, near 70 years of age, and was an ex Confederate soldier and pensioner.