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0t''E'S: GERMAMXOUGH,,C0LD AND CROUP REMEDY '. - .We have recently sampled the city with thsvvell-known and efifective remedy. The results are astonishing, as we are realizing an enormous sale on this preparation. - We are also. headquarters for all other Cough and Cold Remedies. .This season is espec ially inducive to pneumonia better stop that cough now before it's too late. NAILLING BUILDING. NAILLING DRUG COMPANY. TELFPHONF the .::::;iALt trial jt ii- - V . ,. The fx.- .nation of Witnesses Vy Tl.e State and Defense. ( liiji'ction was mado Ianl Thursday to .' siryman Cary and he was deposed, and f ol Ward, of Pleasant Valley, qualified. The panel now stands:- Joe' L. Rogers, - A. II. Bnggs, H. Alphiri, K. T. Preu- ettJ. M. Davis, W. D. Hargett, F. P. Campbell,' J. B. Akin, R. J. Fielder, John O'Dounell, Sol Ward. Officers, "T. J. Braudiam. W. T. Matthews, Irve Lippard. ' '-''' The trial of Ed Marshall, chajgCil ;il!rderjr was begun ThusyaTITlioori , the State introducing th first three witnesses. lhe defendant, &a .Marshall, is ac companied during the hours of the trial by his wife and several relatives and friends and appears to be-confident of acquittal. ' .' .. Attorney W. M. .Miles was sworn in as attorney general pro teni. T. C. Gordon, of Dyersburg, has been retained to assist the defense. . JUie Uary, juror in the Marshall rasa, was removed upon the testimony of his 1 . - ' TT-v ITT 1 HT '' Tl 1 revives, ,vr. w, a. anmg,anu pre8ont at Wainut Log and used his in McAlister, who testified, that they had to keen them from kimng Ran- ii- ... : j ! I nearu mm express opinion concerning the case. .Counsel for the btate agreed Th(J trongest witnes8 introduced by to make no contention, iie was re- s t WiU Johnson. He did placed by Sol Ward., not know as manv of the band as did The first witness examined was Hon. EehHn, - but knew m0re of Mar beid waaueuva wealthy luemueroi tue nn,wim, aa thev were both Wert Tennessee Land Company, who membors of tho Clayton band. In tell arranged with J. . Carpenter lot-Capt; ng of the- nuirder he Kaid that he and Rankin awl Col. R. Z.vTaylor to go to Marghall and three other Nightriders Walnut Log where the murder oo- waited at the rendezvous for an hour cmired. lie testified that Arthur Cloar, K., nn,U iAr, .n,i liia mn nr. senstei:. a tonang, was stanuing near , T th oriiril)al agreement friend,the aged witness showed consid erable emotion, but recovered himself in a few minutes and proceeded with his story, which, in substance,, is as re lated in the first trial. He narrated the hardships that he underwent during the two days wandering through thedense woods in' 'making his escape arid telling of the brutal murder of Cajjt'. Rankin. P. C. Ward, proprietorof the hotel at Walnut Log, told of seeing Capt. Rankin and Col. Taylor taken from his hotid by t!u Nigl dialers, and later sit- ting up with tltfc body of Rankin until d:ij lil,' i ,'en it was conveyed back to the hii "" , ' :' ' ".; - '-. y John White, a banker fronf , Horn- boak, flhere it is believed the first band of Nightriders was organized, told of Bttiua: to th(J big woods ' last summer and making a speech to a large num bet cf masked men, urging them to dis band. He could not recognize any one at the meeting and could not even say whether or not they were real" Night riders. The testimony of, .. the witnesses ex amined Saturday showed positively that Ed Marshall, now on trial for complic itjy 'in the murder of Capt. Rankin, was a Nightnder-for several months pre vious to the murder, and that he was anld (-. rheard the arrangements made. anld ( . Hie thei Tjie theory of the State is that Cloar ,'arriod'the news to the Clayton crowd hi Niehtriders. J. W. Carpenter, law- y r and lumberman, corroborated Wad- 1 that Taylor and Rankin were to be whipped .and made to , walk to Hick man, and when Marshall saw they were going to kill them, he pleaded for their lives, and was so insistent that uarrett also relating his trip to Walnut Jobjlgon gtarted to strike him. Witness save the nassword. which he said was p.. , , the sfmie as that of all Niehtriders. He was subjected toa severe cross-exami nation, but adhered to his original story. Will Hamlin was the only other wit ness of importance. He had seen Mar slin.ll nt several meetings, but knew nothing of the Walnut Log murder. Many Ladies In Court. Quite a number of ladies were pres ent. Marshall was surrounded ny a half dozen lady friends of his wife, and Log, where lie was to lease land to the company on Grassy Lsland. Carpenter was arrested soon after the murder, chargedji'ith decoying Rankin and Tay- lor.to their death, but was honorably released. - Ed Powell testified to the mob arous inar him to wake Ward, proprietor of ' the hotel, in order to get .Rankin, and Taylor, describing the trip in detail. Among the mob he recognized Frank Fehriiiger, Roy Ransom, Tom Wilson, and Garrett Johnson, the latter com pelling him to take the Nightrider oath. a large delegation of ladies from Tren- Major Holmes is conducting the ex- ton sat near Col. Taylor. am" mation of witnesses. , The prosecution sprang quite a sur- Marshall is surrounded in court by I prise by the introduction of Will Ham- many lady relatives and friends fromhin, a confessed Nightrider, on the wit- some of the best families in the county. I ness stand. Hamlin had not been ar- Accordingto Frank Fehringer, self-J rested, but becoming frightened at the confessed Nightrider, who testified in conviction of his associates, he' sought the trial of Ed Marshall, Marshall was out Maj. Holmes and turned State's with the band at Walnut Log when the evidence. He lived at Clayton, near lynching occurred and tried to dissuade I the defendant, and had frequently seen others from killing Rankin. ,. him at meetings of the baud. The wuV Fehringer was one of the most , im- ness was not at Walnut Log, having portant of the State's witnesses during given up his mask several days before the previous trials, and frankly admit-1 the murder. . ted the part he played in the killing of That the Reelfoot Nightriders had the Rankin and other raids of the band. I same passwords and signs that those of He declared he had frequently seen the black patch had, was the statement Marshall on these occasions. I made by Will Johnson.' ; : The testimony of the other witnesses . Johnson joined the Isightnders in was merely to show that a band of I July and waswesent at several meet- Niehtriders existed and that they killed ines when Ed Marshall was there. On Rankin because of his connection with the night Capt. Rankin was murdered, the West Tennessee Land Company. he, Ed Marshall and three other mem- Ransom Slinkard and G. Russell did bers of the Clayton band waited for an rider oath, was the second witness this morning. Barkis is an Assyrian, liv ing at Hickman, Ky., where he is en gaged in business," : 1 In his indifferent English he told the jury how he, for fear his property would be destroyed, had joined the outlaws and of two of the meetings he had at- tened, -but he knew nothing of Ed Mar shall's connection with them. He was badly frightened w'h ile on the stand and seemed greatly relieved when told that he could go back home. According to the testimony of Ethel- bert Rogers, who was called next, there there were thirty-five men who partici pated in the murder of Capt. Rankin. He and Marshall live -withiiv a short distance of each other, and freciuentlv went together to the rendezvous of the band. At Walnut Log "Marshall and I did everything we could to keep them from killing Rankin, and I asked Gar rett Johnson to let me take them to Hickman in my buggy, but he did not answer me," said the witness. On cross-examination he said that he and Marshall both objected to the killing of the Walker negroes, at Hickman, . and were ridiculed by .Fehringer because they tried to prevent it, Tom Cloar, another confessed rider, said that the day after the murder he was riding with Marshall in a buggy and the latter told him of the killing, saying he begged for their lives, and de clared that he would go on no more raids. At this time it was generally supposed that Colonel Taylor had also been murdered. Cloar said that when Marshall was asked to come , to Union City to hang Judge Harris, who was a guest here at the time, he refused, say ing: "Boys, you are going up against a bad thing. 'J Ben McMurtrie, who testified before the grand jury that on the night Capt. Rankin was killed he awoke Marshall and John Ratliff to get some medicine for his sick baby, was introduced by the State to correct that testimony. He said that some time after the killing Marshall and Ratliff called at his house one night after he had retired and call ed him to the gate. They told him they wanted him to help them fix up an alibi for the night Rankin was murdered, as men were being arrested for the crime, and they wanted to be in a position to j prove that they were-not there. They asked him if he did not think he could remember his baby was sick that night, and that he called both of them to get some medicine. On cross-examination McMurtrie said that he had become convinced that it would be better to toll the truth, even if he hung for it. ,"Then you swore to a lie before the grand jury, did you?" said Mr. Pierce. Yes I did," shouted McMurtrie; "but I'll tell the truth now if my neck is broken." McMurtrie is in custody at the bar racks, and is under indictment for nightnding and conspiracy. The State rested at two o'clock, and after a con ference lasting forty minutes the de fense placed the defendant Marshall on the stand. Ed Marshall, forty years of age, was born and reared in the Third District of Obion County, near Reelfoot Lake, and lives at Clayton, the headquarters of the hill or upper Nightriders. He testified that the first time that he saw the Nigl riders they came to his house early in June one night at midnight. They covered him with guns and had come after him, and ordered him give them a note held against old man Baugus. They stayed about thirty minutes and, after searching the room thoroughly, told him they proposed to make him reduce the rent on his land and mules, and that if he disobeyed their orders they would kill his wife and baby and burn his property. The then took his pistol and departed. Later they returned his pistol by. placing it in the mail box. Marshall said that he had received several letters from the Nightriders, but, under orders from the band, he had destroyed them Several times he met Frank Fehringer who told him he had better obey all orders given him .by the Nightriders. Fred Pinion, now under sentence of death for tlu? murder of R;mkin, came to him and told him that if he did not join the band he would Ixi in great dan ger, and that he had been sent to tell lim to go to Baugus Hollow that night. John Ratliff, who was boarding with him and had a store at Clayton, had also received several orders, and they were afraid not to go. They went ae cording to orders and were sworn in by about twenty masked men. He said he niet with them several times,, be cause he was trying to keep in their good graces; and several times he stay ed away because he was a lawabiding man. The Nightrider ' i gave him mask and told him never to come into that bunch without hiding his face. He said the only part he took in the raids was to keep in touch with the Night- riders to save his life. He had failed to attend meetings when ordered and was accused of being a traitor and warn ed hot to fail any more on pain of death. The day of the murder Marshall said he was working on his farm all day, and on his Return home after dark Ratliff told him that strict orders had come for them to meet the band at Powell's field, and that if they did not go they would certainly be waited on. When they got to the field they found Ethelbert Rogers and Bill Johnson, but none of them knew what they were there for. not respond when their names were called. "'-'.--. -' f Ed Powell, who was on the stand when court "adjourned Thursday, was recalled and subjected to a severe cross examination,' but he maintained ' his original story. Col. Taylor Testifies. ' Col. R. tragedy, positively identified Frank Fehringer as a member of the band who killed Capt. Rankin. This state ment of Col. . Taylor corroborates Fehr inger's version of the murder. When describing the murder of his hour at the rendezvous before the lower band came. MONDAY'S TESTIMONY. Warren Morris, who by his confes sion was the official poet of the Night riders,, was the first witness Monday morning. He had not seen the defend- Z. Taylor, the survivor of the ant -at any of the meetings of the band, but had heard he was a member. When Rankin was killed he heard one of the Nightriders interceding for him, but did not know who it was. - Mose Barkis, probably the only mem ber of his race who has taken the Night- 1888 1908 ', 7 ' . We have a record of over twenty years of safe and conservative banking meth ods. Ouw policy: to treat our smallest depositor with the same courtesy and at tention as the largest patron of the bank. WE SOLICIT YOUR BUSINESS 1 First National Bank Union City, Tenn. Capital Stock Surplus and Profits $50,000.00 28,000.00 Marshall swore that he did not know any West Tennessee Land Company and had never heard of either Taylor or Rankin. He said that while Garrett Johnson was talking to Col. Taylor and began to get rough he stepped up and said: "Don't harm these men. They are nice, honorable gentlemen, and you ought not to harm them. Let them go home." One of the Nightriders struck him two or three times in the side with a gun and forced him to desist. Witness swore that he offered his own life in exchange for the lives of Rankin and Taylor. He said he begged two or three times, and pointing at Col. laylor, who was seated in the court room near him, he exclaimed dramatic ally: "If that gentleman knew the cir cumstances as I do, he would embrace nie in his arms." He said he begged Colonel Taylor to promise the band anything to get out of their hands. 'Mamhall declared that he knows noth ing of the West Tennessee Land Com pany, nor who owns Keelfoot Lake; that lie is not interested in the lake; said that ho had never had any talk with McMurtrie, and that immediately after the killing some soldiers came to his house and invited him to visit Gov. Patterson at Camp Nemo, and that when he got there they would not let him go away again. On cross-examination, Marshall ad mitted that he has a telephone in his house; that he had ample time to in form the sheriff of the meeting of the Nightriders in the, hollow the night he was sworn in, but was afraid. . He did not know who was sheriff. He went to the meetings armed and masked. He said that Fred Pinion and Frank Fehr inger usually notified him of the meet ings, and became somewhat confused as to which notified him the night Thurman was whipped. He admitted carrying a pistol ,to the meeting, but didn't know who he was carrying it for, and finally said he carried it just be cause he wanted to. The Marshall Nightrider trial was re sumed Tuesday morning with the de fendant on the stand. Marshall was more composed, the nervousness which haracterized his action day before hav ing almost entirely disappeared. The prosecution is attempting to show that the confession of Ben McMurtrie who, on the stand Monday, acknowledged he purjured himself in the first trial, when he testified to Marshall's where abouts on the night of the murder, would have been an alibi, and that wit nesses had been summoned for that purpose. The witness was closely questioned along this, line, but he denied any knowledge whatever of what McMurtrie intended testifying. Later he was asked the question point blank: "When he had decided not to prove an alibi," and answered he did not know. , He denied that he had ever thought of turning State's evidence or sent any friends to see Gov. Patterson about giving him a pardon if he would do so. Further cross-examination de veloped nothing new, and with a smile of satisfaction Marshall left the stand. , The Argument. Attorneys began speaking on the case Tuesday afternoon. Time allotted for argument" was eight hours, which closed Wednesday afternoon, followed by the charge and case went to the jury. The verdict is to be found on another page of this issue. The Senatorial deadlock at' Spring field, 111., may be broken this week, TEACHERS' MEETING. At Troy, February 6, 1909. The . Program. Song by the school. Invocation, Rev. T. P. Pressly. Welcome address, J. M. Brice. . ' Response, J. H. Robey. Resolved, That Tennessee Needs a Compulsory School Law. Discussion by the teachers. Affirmative, C. ,S. Austin; Negative, L. D. Williams'. Reports from the schools. ' NOON. , - , ' ' Some Specific DiHicxilties, all teach ers. - Ethics of Teachers, Burch Atkins, S. B. Hayes. . The teacher as an example, Miss Clemmie Ivie, Miss Ethel Henderson, This meeting is not for the south nor the north part of the county, but for both sections. Let every teacher : bo present. Let this be the largest meet ing yet held. I could not get a meet ing of the two committees, so I made tho program. Yours very truly, C. L. Ridings. but the, conferences of the lasl few days have failed to indicate the outcome. The Meanest Man in Town is the one who always wears a frown, is cross and disagreeable, and is short and sharp in his answers. Nine cases out of ten it's not the poor fellow's fault, it's his liver and digestion that makes him feel so miserable, he can't V " be ing disagreeable. Are you in danV. "f getting into that condition? Then start at once taking Ballard's Herbine for your'liver the. safe, sure and reliable vegetable regulator.Sold by Nailiing Drug Company. Wm. Pettus. Wm. Tettus, an honored and aged citizen of this city, died at his residence on Home street Sunday morning at 10- o'clock, Jan. 24, 1909. Mr. Pettus was a little more than 84 years of age and was physically and , mentally active up to a few days of his death. The immediate cause .was heart failure, superinduced by indigestion and accompanying functional decline. Death occurred while Mr. Pettus was sitting in a chair talking to Dr. 1). M. Pearce, and members of the family were present as the soul of the good man passed out. He died without a strug gle, and so ends the temporal existence of a life full of years and usefulness. Mr. Pettus was a man of strong char- acter, blended with a warm and kind y nature. His philosophy was broad and sound. The moral elements in him prevailed, yet he was not an extremist. He was honorable in every way and a 6""" mini wiiusu virtues are among mo greatest of bequests to the living. His home he loved and guarded carefully . ,' and prayerfully, and his memory -will -be revered long after the pain of sepa ration is forgotten. Following is a bi ographical sketch by a friend: William Pettus was born June 16, 1824, in South Carolina, near the North Carolina line, of English parentage. In 1829 he came with his father and moth er from Charlotte, N. C, near the place of his birth, to Huntingdon, Tenn., and a year later moved to Gibson County near Yorkville, where he was reared to manhood. He was first married to Miss M. A. McDaniel Dec. 19, 1870. Hi wife having lived but a short w'hile, on Jan. 1, 1872, he was married to Miss A.' E, McDaniel who, with" two daugh ters, Mrs. Edna Ruflin and Miss Pearl, survive him'.. lie moved U the vicinity . ot union City just before the Civil War nn i na. nvnd i ... n- i t, . . . too ? He, Rev.Liles, Di " ai o.nd N, . K. Moore all mar:y Tnu'k .o .i.:i ..:i. .to meet at thAoffice vill. and hiU.hmi . Jtr of. were conierrmg the.. the lodge room. h4 He left the hall at fl;, church where the noca ress and the whole me lodge followed him. P. Church thereat member untdj ""V The remail!. rT View, J'obacoo) She Oil ' J 51 U. 0! f nnntif residence j r lit blei consists child think not. iSri hem k pins r - sres er remaiv Chapel senc t VT" fiends ifi Crea it isCRev. C it hu.: IIav( ant tr-i,! '. cent A I. - x.