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STORY MUST STAND Evidence of Bliss Lovriti Can not be Attacked D 1 JUDGE OF IE Cited ihe Thaw Trial Among Ottv er Precedents Decision a Heavy Blow to Prosecu tion A Number of Witnesses Intro duced Uy Prosecution to llcbut In sanity Plea Set by IKfcnse Prosecution Itests Case at Close of Kxnminatioii. Houston, Va., June 27. The taking of testimony in the case of former Judge William C. Loving, who was placed on trial hero last Monday for the murder of Theodore Estes in Nel hoii county on April 22, was concluded at o o'clock this afternoon. The court adjourned until 10 o'clock tomorrow morning when the instructions to the jury will, be argued before Judge Barks dale. The rapidity with which the trial has progressed has been most surpris ing to all concerned. Today marked a most important turning in the cu.-,u, when Ju:ig3 9 Uarksdale rendered an opinion in the ; case- concerning the admissibility of certain evidence, tlio decision deal ing a heavy blow to the prosecutioa. Ye-t"!day Attorney Daniel Harmon, for the prosecution i.Minounced his in t nt ion to call witnesses to show that the s-t )!- told by Miss Elizabeth Lov ing to her father that she was .drug gen and assaulted b Theodore Estes was a fabrication; and that Estes nev er offered an indignity to the girl, ev en suggesting that there might be an other motive back ol the killing. The (h fense objected on the ground that since the testimony had no bearing on the case and whether true or faiss had nothing to do with the question of Judge Loving's staUo of mind at the time of the tragedy. Judge Barksdale in a lengthy opin ion todav sustained the contention of the defense, and among the cases he cited as precedents was Thaw trial in New York. After the opinion of Judge Barks dale rendered the prosecution began the examination of a number of wit nesses in rebuttal of the evidence in troduced by the defense that Loving was insane at the time of the shoot ing. During the morning 7 witnesses were examined. Most of these reside in Amherst and Nelson counties and have known Judge Loving for many years. The trend of their testimony was that they had never heard of the insanity of Judge Loving discussed before this trial and they had always regarded him as a sane man, with a mind supe rior to the ordinary. Several further declared that the defendant was a high tempered man, was intolerant of the opinions of those who opposed him Tt also was testified that Judge Lov ing was an excellent hunter, a good shot, had served with honor as judge and had charge of large estates. Recess was taken from 12 o'clock until 4 o'clock to give the prosecution time to prepare a hypothetical ques tion to propound an eexrt on insani ty Dr. J. S. Dajarnette, of the Wes tern state hospital of Staunton. This question was similar to the one asked Dr. Emmons, of Washington, yester ,day by the defense. It reviewed the life and experiences of Judge Loving, his marriage, separation from his wife, his struggles against the whis key habit, his trip to an institute for ithe cure of the habit, the account of the sory told him by his daughter, the killing of young Estes and his ap pearance and action after the tragedy. There was some variations to the questions, the defense taking a more serious view of his appearance after the shooting. In reply to the question "what ef fect do you think such experience would have on the mind of this man? Dejarnette said: "I think he would be very angry froni the provocation that he thought his daughter had been ruined by the young man referred to, but not la sane." Dr. Dejarnette testified that during his connection with the Western State hospital he had under his care 4,500 patieats suffering from diseases of the brain. He was closely examined by counsel for both side3. Mr. Lee, for the defense, touched on numerous diseases, their cause and ef fect. Dr. Dejarnette testified as to the ef feet of acoholism on the brain,, the effect of Insanity on the nerves and tissues, the temporary and permanent results from delirium tremens,vthe ef feet of stress and strain on the mind. how sudden joy. excitement, horror, disappointment, grie!, etc., could ef feet the mental faculties. . . Most of his testimony as well as the questions asked him, were of a tech nical nature. When the doctor left the stand At- i torney Wood Bouldin, for the prosecu tion announced: "we test our case. The attorneys for both sides tonight held conferences to ptepare instruction, to be submitted to the court tomorrow. SOUTH CAUOLIN'A DAT Irgc Delegation From State Fresen to Ilortor the Occasion. Norfolk, Va., June 27-Governor An sel, of South Carolina, his family and staff, the entire South Carolina James town commission, the Second regiment of infantry of South Carolina national guard, under Colonel Henry T. Thomp son. 700 men. and a large party of South Carolina state officials and mem bers of the legislature arrived todny for South Carolina Day celebration -it thft Jamestown exposition tomorrow. Governor Ansel at the exposition 10 day presented in person the diplomas to this year's graduates of the South Carolina (Citadel) Military Institute now in camp at the exposition. This evening Governor Ansel was tendered a reception at the Virginia Club in Norfolk by Lieutenant Commander Victor Blue, United States navy, and Dr. Rupert Blue, of the United States Marine hospital service. A no-able feature in connection with the South Carolina Day celebration tomorrow will be the presence of the governors of three states at a reception tc be given in the Virginia state building in honor of the visiting South Carolinians These will be Governor Ansel, of South Carolina. Governor Warfield, of Mary land, and Governor Swanson, of Virginia. k era DEFENSE THE Limits Proof of Counter Conspiracy Against Haywoon HOVCE OX THE WITNESS STAND HfilLWAY RATE SUITS Counsel for Southern Railway Company Completes Argument ATTACKS virn.M or the i nu: Ilody of Charles Fulberi. a Muictnn, I-,,,,,,,! in Kiiins of Madison Hotel. Norfolk, Va.. Ju7e27.--Tue body of Charles Fulbert. a musician who had been playing at different resorts abjut Pine Beach, was found in the ruins of the burned Madison hotel there to.lay. Fulbert was "o years of age ami came from Bridgeport. Conn. His wife was an actress and has been summoned from San Antonio, Texas. Fuiben is declared to have been asleep and an effort was made to awaken him wl:eniati0n the fire broke out yesterday morning. He could hot be aroused and was burn ed in bed. The body was identified by , tion to do an illegal act a double row of teeth. This makes the second known fatality in the Pine Beach fire, the other being the negro bootblack, Larry Harris, bevera. per sons are reported missing. Connected With Foderattion for Years. Is Now Wealthy Mine Owner De nied Existence of aa "Inner Circle in the Organization. Boise. Idaho June 27 A ruling made today by Judge Wood while Edward Boyce, for years the leader of the Wes tern Federation of Miners and now a wealthy mine owner of the Courer D'Alenes, was testifying in behalf of Wm D. Haywood, may limit mater ially the showing of the defense as to the existence of the counter conspir acy against Haywood and his asso ciates James H. Hawley. for the state, objected to a general question as to the policy and practice of mine own ers throughout the west in blacklist ing union miners, ond in the argu ment that followed Clarence Darrow, for the defense, claimed the same lati tude in proving counter conspiracy that the state' enjoyed in showing a conspiracy. Mr. Hawley contended that the state had directly shown the existence of a conspiracy by Harry Orchard and by so doing had laid the foundation for and made the connection of all ti-io oviripnrp. suhsenuentlv offered on tliVy s-w X the subject. He said that the defense was trying to show a counter conspir acy by proving various isolated in stances and certain general conditions, none of which was connected with the case and none for which the proper foundation had been laid. In ruling the court accepted in part the contention of the prosecution and limited the proof of the defense along along this line to events in Colorado and at the Couver D' Alenes mind, connected with the case as now estab lished. Ed Boyce was the principal witness of the day, and his testimony was chiefly devoted to the history, pur poses and work of the Western Feder- He denied the existence of an "inner circle" or that there nau ever bpen :i conspiracy m the organiza- AtDITOKS AFFIDAVIT Asserts That rmmkioas Counsel FUrure- in Affidavit arc In Exces of Those in Report Made to Com minion SniP of A. C. I- Begins Today. Asheville. N. C June 27.-The rail wv rat suit of the Southern against the state corporation commission. Walker rt Hlnes completed his argu ment for the Southern and Chief Coun sel A P. Thorn also spoke for the comnanv. Mr. Thom was followed by JudtTA Shenard. of the commission Th feature of today's proceedings was an attack by the commission s counsel on Auditor Plant's affidavit In regard to the cost of doing business in North Carolina on the ground that the report showed such cost as to be greatly in excess of the same officer's report before the commission before the passage of the reduced rate la v The case closed with Judge Shcpard's argument. The hearing in a similar suit to the Southern's, that of the Atlantic Coast Line stockholders against the North Carolina corporation commission will begin tomorrow. SEE- I Aim lint 1 Drt sr . AVctlabUIaribnrJls ling&c Samia aaiBov&of 'x V i -SO'? PENNSYLVANIA DEMOCRATS J. ti. llarmau Nominated for Treas urer Resolution Endorsing ISryan Shelve!. Promotes Ditiank8& ness and Restloatains irftrr Opto-Morphine nor.MianL Not h arc otic. 1 1 1 T MMMMHMBO . . ii lair. -xA 5x3 i v-tr Si J' mm For Infants and Children. The Kind You Have Always Bought Bears the Signature of Arjertot Rcsicdv forCcns. .-i"1' ! Yorr.is,(,cnMi!sioiis.FcTrish-rcssariLossorSlEEP. KEK YORK. PAUDOXS GRANTED AND DENIED Application of Ilertlield raiulall, of Ncav Hanover, Denied. ' (Special to The Messenger) Raleigh, June 27 Governor Glenn grants two pardons and denies four other applications. J. D. Phillips, Rowan county, serving four years for larceny, pardoned at request of trial judge, who said he felt that he had given Phillips too long a term. Di nk Morgan, Forsyth county, sentenced in 1903, for stealing a horse and buggy pardoned because it appears the man was drunk and did not realize what he was doing or intend to keep them. Applications refused for Hertfield Crandall, New Hanover county, serv ing eighteen months for assault and trespass. Chas Murphy, Guilford coun ty, serving sentence for assaulting and shooting policeman, Cross Edmundson, Columbus county, serving three years for murder in second degree. William Sledge, Halifax. M. II. SMITH A SUICIDE Was a Graduate of Trinity College Afterwards in Employ of American Tobacco Co. Durham. N. C, June 27. William M. Smith, captain and short stop of Trin ity college baseball team the past two j years, committed suicide at noon today by placing a pistol against his temple and firing. Smith graduated from Trinity college last year and this year took the degree of master of arts He afterwards entered the employment of tke American Tobacco company as an insiector. His nervous system broke down and he thought h-j a failure at the business. The chief importance of Royce's cross examination was ths production of a speech by him at the conven tion of the Federation at Salt Lake City in 1899 in which he said that.; every union should have a rifle club I and every member a rifle, so tnat me j Federation could march 25,000 armed ! men into the ranks of labor. Mr. Boyce would 'not agree with the accuracy of the quotation, but saying that the sentiment was correct, declar ed with spirit that when he spoke the words imputed to him he had in mind the misconduct of state troops in CoL. orado, the use of troops elsewhere against the federation and the consti tutional right of all citizens to bear arms, which is as much the right of the miner as of the aristocrat. William Easterly, one of the most important witnesses in the case was called just before adjourncent and his testimony will be continued tomorrow He occupied the witness chair long enough, however, to deny directly the statements of Orchard, charging him with criminal misconduct in Colorado. He denied that he had ever discussed the Vindicator or any other plot with Orchard, or that he had helped Or chard in experiments for the device that blew up the Vindicator mine and denied that he and Orchard had dis cussed the Vindicator matter or any subject with Moyer and Haywood at Federation headquarters in Denver, Harrisburg. Pa., June 27. Johu G. Harman, of Columbia county, was nominated for state treasurer by to day's democratic state convention on a platform confined to state issues. Har man is a former member of the legis lature. A resolution endorsing William Jennings Bryan for the presidency was shelved. State Treasurer Wm. H. Berry, who claims the credit for having uncovered the capitol' scandal, was chairman of the convention and made a speech ad vocating the election of a democratic treasurer as a check on the republican state officials. He commended (he capitol investigatiton commission and said that much of the testimony taken by the commission has substantiated the charges he made in the last cam paign. N . Get a free sample of Dr. Shoop's "Health Coffee" at our store. If real coffee disturbs your stomach, your Heart or Kidneys, then try this clever Coffee imitation. Dr. Shoop has close ly matched Old Java and Mocha Coffee in flavor and taste, yet it has not a single grain of real Coffee in it. Dr. Shoop's Health Coffee Imitation i made from pure toasted grains or cereals, with Malt, Nuts, etc. Mad. in a minute. No tedious wait. You will surely like it. Sold by S. W. Sanders. h In Use :or Over Thirty Years cf thi ct"?i eo'MiT, niw rorn cmr. i w ( The railroads and corporations are enly fluffing. What Mr. Roosevelt will be able to do with a republican con gress behind him is giving them little real uneasiness. Durham Herald. The democratic party cannot be ex pected to recognize Mr. Roosevelt as a xlemocrat as long as he gives all the offices to republicans Durham Her-?.l.d Piles get quick and certain relief from Dr. Shoop's Magic Ointment. Please note it is made alone for Piles, and its action is positive and certain. Itching, painful, protruding or blinl piles disappear like magic by its use Large nickel-capped glass jars 50 ceuts Sold by Robert R. Bellamy. Thcl "frvrrtrcne a t " IBousehold ' Specialties) - I Not jfr"; contribute to J the purity and goodness cf every meal, but just think of the time and labor wved by their use. '"&rv51 The "Universal" Bread Maker U a pi!; made of heavy tin. with a kneading rod. vhich four ana L...4. tVm ruirrfl in fthrM rmiitM. mOTC thofOUchly thftQ f you could eva do it by band. Save 20 tOf 30 njlnutrt v of tcdiooi. tiresome labor every bread day. No tired bock jt and aching arms your hands never touch the courh. M nmn f,,.i. Ilread alwavf the tame Vrkt. vhoU- someand nutzitious. Price $100 The "Univ-ersal" Coffee PercolAtor male the best coffee, and quickly, because the automatic valve (oices the water through the coffee as it gradually increases in tempera ture. By the time the boiling point is reached the coffee is ready to serve pure, wholesome, delicious because it has not been boiled. Rich in strength and aroma, for they have not been lost in steam. Aluminum aod high grade enamel w-cdifferrp styles and sizes, $2.00 up. tv , jj The "Universal" Food Chopper enables you to utilize the untouched portions of cooked and uncooked food that might otherwise be wasted if you were confined to the use ol the tiresome chopping bowl. Chops anything you want chopped easily, quickly and well. Three cutlers hoe, coarse, medium, and nut butter grinder. One or two crackers run through the machine after using cleans it thoroughly. No holes ot Openings to become clogged. All parts exposed to new. J. W, Murchison & Co. Emm Britt-Xclson Fight Postponed. San Francisco. June 27. The Britt Nelson fight, which was scheduled f or July 3, was postponed last night uuS.il July 31. A reason given for the post ponement is the inability of Nelsoa to continue training owing to an abscess in his ear. If Japan should seize the Philippines oughtn'e the president to set aside a day for thanks throughout the United States Ualtiniore Sun. TRAINS IX COLLISION Enginer Killed and Several Passengers Injured. Philadelphia, Pa., June 27 In a col lision on the Pennsylvania railroad near Cynwyd, a suburban station be tween a Pottsville accommodation and a freight locomotive, the engineer, Oliver Renert of the passenger was killed and several passengers were in jured. Engineer Renert was bmied under his engine. The freight engine was goiug in the same direction as the passenger train but on a near track and was a short distance ahead when it ran into an open switch entering the track occu pied by the passenger train. From the amount of heat Old Sol has been giving out lately ,ne has evidently had those spots removed from his face. Washington Post. ,-n i i mtm i If you will make Inquiry it will be a revelation to you now many succumb to kidney or bladder troubles in one form or another. If it e patient is not beyond" medical cA, Foley's Kidney Cure will cure. It never disappoints. Sold by Jos. C. "-'iepard, J. HIrks Bunt lag. There is no truth in the story that Mark Twain and King Edward played leap frog at the Windsor garden party New York Sun. When you feel the need of a pill take a DeWitfs Little Ea;iy Riser. Small pill, safe pill, sure pill. Easy to take pleasant and effective. Drives away headaches. Sold by Robt R. Bellamy. ! It is strange to hear that the mos quitoes are annoying tia president at Sagamore Hill. What are the sscret service men up to. Philadelphia Pres3 He Fired The Stick. "I 'have fired the waiting stick I've carried over 40 years on account of a sore that resisted every kind oi treat ment, until I tried Bucklen3 Arnica Salve; that has healed the sore and made me a happy man," writea John Garrett, of Nort Mill. N. C. Guaran teed for piles burns etc, by R. R. Bal- Iknay, drusgfet. 25c Files Equity Suit. Uniontown. Pa.. June 2S. In , an effort to have the two-cent fare law in Pennsylvania declared unconstitu tional the Baltimore and Ohio Rail way Company, operating the Pitts burg and Connellsville road, hao filed an equity suit here, asking that the act be declared void and that the de fendant, the county of Fayette, be perpetually enjoined from demand ing of the plaintiffs or bringing any suit against them for recovery of any penalty imposed by the act in case the plaintiffa shall not comply with the act. A man who is n perfect health so he can do bj honest days work when necessary has much for which he should be thankful. Mr. L. C. Rogers. of Branchton. Pa., writes that he was not only unable to work, but he could not stoop over to tie his own shoes. Six bottles of Foley's Kidney Cure made a new man of him. He says, "Success to Foley's Kidney Cure." Sold by Joe. C. Shepard, J. Hicks Buntiag Drug Go. Will Cure Consumption A. A. Herren, Finch Ark., writes: Folev's Honey and Tar Is the best preparation for coughs and colds and lung trouble. I know that it has cured consumption in the first stages. You never heard of any one using Foley s Honey and Tar and not being satisfied. Sold by Jos. C Shepard. J Hicks Bunt ing Drug Co. WiflmniMglloim Granite & handle theQMSlIPlbte WOFlkS leading Granites : Westerly, Barre, Winosboro. DESIGNS AND SAMPLES ON REQUEST R, D. TUCKER. Proo, 310 tl, Front Street TllnT M1-TTsTmjibsm 1 r-nrr i - - mmssmsmswsssssssssssssmsssisssss s sin ss s No Change Contemplated. Washineton. June 27. Vice Presi dent J. M. Culp, of the Southern rail way, stated today in answer to in quiry, that there is no foundation for the published rumor that there will be a change in the office of passenger traffic manager and general passe n?r agent of that company on July 12. He announced that no change in either of these offices is contemplated. Cures Indigestion and Sour Stomach Do not suffer longer. Yoa can be re lieved immediately by Hicks Capudine, It induces the proper flow of gastrin luices and cures the distress and acidity. Try it; It's pleasant to take It's IkjuidL uures ceaoacne aiso. ai an druggists. The Bank to Patronize is the one that Is able and willing to help a customer when he needs it The Bank That never makes a promise it does not perform. This Bank's Capital and surplus is over double that of any other bank in Wilmington. Its Deposits and Resources are nearly double those of any other bank in Wilmington. Largest and Strongest in eastern North Carolina, The Murchison National-Bank 9t i