Birmingham Post-Herald from Birmingham, Alabama • 5

1 Our line embraces all the new shapes in straw headgear from a 50c Jumbo to a $4 Panama. Sole Agents ran YOUMANS CELEBRATED STRAW HATS. PENNSYLVANIA HAT COMPANY 111 NORTH TWENTIETH ST. 1EA L. ARMSTRONG, Msrr.

VETERANS OBSERVE DECORATION DAY G. A. R. and Sons Strew Flowers on the Graves of the Dead Decoration day was celebrated by the local Grand Army of the Republic and Sons of Veterans, U. S.

yesterday. The two camps of G. A. R. and the Sons of Veterans met at Magnolia Hall at 3:30 p.

m. and marched to Oak Hill cemetery where the following programme was carried out: Remarks by officer the day from ritual. Vocal music by" the Misses Jackson, Bostick, Chairsell and others. Prayer by Department Chaplain Bostick. Reading of President Gettysburg address by Miss Natcher Snyder.

Reading of general orders by Miss Josephine Chairsell. Music. Address by the Sons of Veterans. Address by Dr. A.

N. Ballard. Address by Comrade J. C. Miller.

Music. The committee on flowers consisted of Mesdames Blau, Hunter and Miller, After decorating the graves of the deceased comrades, recall was sounded by the bugler march was reformed at the monument and ranks were then broken. CHARLESTON EXPOSITION. Mr. Aubrey Is Very Anxious to Have Exhibit From Birmingham.

G. H. Aubrey, representative of the Charleston Exposition, was in the city yesterday, having just returned from Mexico. Mr. Aubrey states that all purchasable space has been taken, but ho is exceedingly anxious to have a Birmingham exhibit; and the association will take pleasure In corresponding with any one interested in the subject.

It is thought by many that Birmingham should be more interested in this exposition than in the Pan-American, as it is said that from the South and West Indies new trade is expected. STRUCK BY A CAR. Dr. Oldham Was Struck and His Arm Broken in Several Places. While crossing the electric car track at Eighth avenue near Sixteenth street, about noon today Dr.

J. S. Oldham, formerly of Franklin, but now in this city, was struck by a car and severely injured, his left arm being broken in several places. Dr. Oldham had Just alighted from one car pnd started across the second track, not observing another car which was approaching at the moment and struck him.

Dr. Oldham resides at 1513 Fifth avenue, where he was first carried, but was later removed to the Davis Infirmary. Though painful Dr. Oldham's are not dangerous. Frenchman Won Cycle Race, Philadelphia, May Taylore, the French cyclist, this afternoon defeated Frank Cadwell of Hartford, in a twenty-mile motor paced race at Woodside Park in 36:46 2-5.

Wanted for U. S. Army: Able-bodied, unmarried men, between ages of 21 and 35 years; citizens of United States, of good character and temperate habits, who can speak, read and write English. For information apply to Recruiting Officer, 7 North 20th street. Birmingham, Ala.

3-6-we-fr-mo-to-6-S0 Call for Alabama Brewing and Beers. On tap or in bottles. Phone 1028. IF YOU INTEND PURCHASING A WAGON A visit to our Repository will save you money. SPECIAL" PRICE C25.

Mayberry Hardware Co. Handsomest Hardware Store in the DOOR AND WINDOW SCREENS. LAWN MOWERS. GARDEN HOiBE, ETC. PAINTS, MANTELS, ETC.

5 i IMP' 1D0NALD WAS ACQUITTED Prayed a Clear Case of SelfDefense Yesterday SECOND CASE NQL CROSSED The Testimony Was Short and Showed That McDonald Had Killed Ashby and Fitzpatrick To 8ave His Own Life. E. P. McDonald, familiarly known as McDonald was tried In the Criminal Court yesterday and acquitted under the indictment charging him with the murder of Joe Ashby. Another indictment against him for the killing of Thomfes Fitzpatrick was before the court but after hearing the testimony in the Ashby case the solicitor asked that the Fitzpatrick charge be nol prossed.

Judge Daniel Greene granted the request, all the witnesses were discharged and "Dum" McDonald walked forth a free man. This Is the end of one of the most sensational shooting affairs in the history of Birmingham. Two men were killed and one severely wounded. The shooting occurred in the Peerless saloon at 3 o'clock one morning last fall during the week of the State Fair. Ashby and Fitzpatrick had been drinking and one of them started a quarrel with "Sandy" Cantleberry, a man well known in Birmingham.

McDonald acted In the capacity of peacemaker and at first persuaded the men to let the trouble drop. The row was renewed a few minutes later, however, and pistols were drawn. Sandy Cantleberry' was shot and In the general fight which followed Ashby and Fitzpatrick were killed. McDonald, who admitted having fired the fatal shots, was arrested and after a preliminary hearing was released on bond. An indictment of murder in the second degree was found against him and the case was called for trial.

Witnesses Were Few. There were rew witnesses to tne snooting, and consequently the evidence was meagre. The trend of the testimony was that McDonald had acted in self-defense. The only testimony to the contrary was a dying statement from Ashby, made to Dr. Dedman.

Dr. Dedman said that Ashby told him that just before the shooting in the Peerless saloon that he engaged in a quarrel with Sandy Cantleberry; that Cantleberry had grabbed a chair and raised it as if to strike him and he fired his revolver. Ashby then said that McDonald drew his revolver and shot both Fitzpatrick and himself. All of the other testimony seemed to contradict statement, and it was shown that at the time the dying declaration was made that Ashby was under the influence of opiates and that at the time of the shooting he was intoxicated. Wade Mothershed and the barkeeper at the Peerless saloon both testified that Fitzpatrick and Ashby drew their guns first and that was trying to quiet them when Cantleberry was shot.

Mothershed and the barkeeper then ran; one going to the front door and the other to the Mothershed said that as he ran past the front screen he saw pistol pointed at stomach and that McDonald was also directly In a line with pistol. Cantleberry testified that after he was shot Fitzpatrick drew his pistol and presented it at Then McDonald drew his gun. Ashby turned and, cursing McDonald, shot at him. McDonald then shot Fitzpatrick and began firing at Ashby. Ashby then ran to the back door and fell.

McDonald's Testimony. McDonald was then placed on the stand and said: "I have known Ashby for some time, but had not seen Fitzpatrick until the night of the shooting. I was In the saloon with them and Sandy Cantleberry. A quarrel came up between Fitzpatrick and Cantleberry, and Ashby and Fitzpatrick drew their revolvers. I asked them to put their guns up: that Cantleberry was dVunk and I would send him home.

They did as I requested, but later the quarrel was renewed. Both Fitzpatrick and Ashby were drinking heavily. Before I stop the second quarrel Ashby drew his gun and shot Bandy. I Jumped up and Fitzpatrick stuck his pistol at my stomach and I shot him. Ashby then fired while my back was turned and he ran back to the rear door and kept firing at me as he tried to get behind the door.

I emptied my pistol at him." When the evidence had been concluded the attorneys agreed to submit the case without argument. The Jury retired and was out but a tew minutes, when they returned a verdict of not guilty. Lawyers on both sides admitted that It was a clear case of self-defense, and the second case against McDonald was nol pressed. He will not be tried for the shooting of Fitzpatrick. McDonald received many congratulations upon his acquittal, and after leaving the courthouse he said: "I have never regretted anything in my life so much as I have the killing of those two men.

I feel that I did It In solf-defense and the courts have so decided, but It is a source of constant regret to me that I was forced to act as I did. I have been misjudged by a great many persons concerning this affair and many of the statements made against me were unjust. am sure did what any other man would have done under similar circumstances, but 1 have no 111 feeling against those who have the wrong opinion of me. It Is all over now and I am again free, and I trust that those who misjudged me will see that they are wrong In too quickly condemning WHEN NATURE-. Needs assistance It may be best to render It promptly, but one should remember to use even most perfect remedies only wnen needed.

The best and most simple and gentle remedy la the Syrup of Flga, manufactured by the California Fig Byrup Co. Conoert by band East Lake every Sunday. 1 LOCAL MACHINISTS JOIN MINERS Men Walk Out of the Southern Railway Shops ORDER FROM HEADQUARTER The Strike Is the Result of Failure To Reach an Agreement at the Recent Conferences With Railroad Officials. The general strike ordered by the president of the Union against the Southern Railway went into effect at this place yesterday morning at 9 when forty-three machinists of the local shops quietly donned their coats and walked out of the place. The machinists of the Alabama Great Southern strike as was expected, and It now seems there will be no stoppage of work at the shops of that company.

This is probably due to the fact that the road is operated separately from the Southern. The employes of the shops were In their places as usual yesterday when work was begun at 7 and continued to perform their duties until the striking of the clock at 9 Then without saying' a word and in the most orderlyway, they marched out of the shops to their homes. At the time of the walking out of the men Superintendent of Motive Power, W. H. Thomas, was In the office with Master Mechanic T.

M. Feely, making an inspection of the work and watching the use of the material. Mr. headquarters are In Washington and it Is quite accidental that he was present when the men quit their places. The strike Is the result of the failure on the part of the committees and General Manager Gannon to reach an agreement as to demands of the machinists at the time of the recent conference.

It is stated by the officials of the road that the representative of the machinists who attended the conference from this place was opposed to a strike, but were forced to abide by the decision of the majority. Consequently when President of the International Association ordered the men to strike they were compelled to obey the order if intended to connections with the union. The Strikers Talk. J. J.

Fagan, president of the Association, made the following statement yesterday; strike is the result of an order received here last night from the president of the union, Mr. O'Connell. We did everything In our power to arrange the matters of difference, but our conferences with the general manager of the road were unsuccessful, and the strike Is the only result that could have happened In the natural course of events. We have compiled with the constitution and In every respect, and the question was inevitable, allowing no answer but the ceasing of work. "I leave tonight to attend the meeting of the International Association In Toronto, Canada, and during my absence all matters pertaining to my office will bo attended to by Vice President W.

N. Wood. It Is our Intention to take care of every man who Is now on the strike whether or not he be a union What Is Wanted. The demands of the Machinists' union cover a number points and are as follows; Nine hours shall constitute a work. At least one apprentice shall be allowed for every five machinists.

No machinist employed for less than the scale of prices. Employes discharged shall have right of Investigation. When discharge is unwarranted he shall be reinstated. For overtime up to 1 o'clock machinists shall be paid time and one-half; after 12 o'clock. Sundays and legal holidays double time shall be paid.

When machinists are called on road they shall be paid one and one-half time and be allowed $1 per day for expenses. If they are kept out over Sundays and holidays they shall be paid double time. CHANGES AND NEWS OF THE RAILROADS Walter Beasley Gets Place Vacated by McKilterick With Louisville Nashville As told In yesterday's Age-Herald, the appointment of Walter Beaseley as successor of Traveling Passenger Agent Me. Kltterlck of the Louisville and Nashville was announced by Passenger Agent Jones. Mr.

Beasley has been connected with the Louisville and Nashville aa a ticket agent at the union station for a number of years, and his friends predict success for him In the new field. His duties will begin June 1. Announcement has been made that, effective June 1, an order lias been Issued placing special week-end tickets on sale from Birmingham. The tickets will be sold, on Saturday afternoon, good to return Monday. The rate to Pensacola will be $5 and to Mobile $6.10.

A rate of one fare plus $2 for the round trip has been announced by the Southeastern Passenger Association for the convention of the Mystic Shrlners, which will be held at Kansas City, June 11 to 14. 8. L. Rogers of the Chicago and Alton Railroad and Harry Manse of the Chicago, Rook Island and Pacific were In the efty yesterday. LEVY-WEINSTEIN.

A Pretty Wedding Wee Solemnized at Elks' Hall Last Night Mr. Max Levy and Miy Rosa Weinstein were married at tne Hall last night at 8:30 o'clock, Rabbi Shelr performing the ceremony. After the wedding a german, took with about one hundred couples participating. Mr. Levy is a prominent young merchant of Bessemer, and hla many friends are congratulating him upon hla fortune.

I BRIGHT SCENE Pretty Girls and Handsome Boys Receive Diplomas COL, WILEY WAS ELOQUENT Miss Jackson Sang a Beautiful Solo, and the Diplomas Were Delivered By Prof. Cunningham After an Appropriate Speech. The final exercises of the seventeenth annual commencement of the Birmingham High School occurred at the Jefferson Theatre last night, and many bright young graduates were made happy by the presentation of the diplomas. The annual address was delivered by Hon. A.

A. Wiley of Montgomeryf and was a very effective oratorical effort, rounded In a rhetorically perfect manner. In this address Colonel Wiley undertook to discuss the relative parts which men and women should play In the life-work of the world. His words were as full of wisdom as they were well-chosen, and the address whs as thoroughly Interesting as It was thoughtful. Among the many words and Ideas advanced by Colonel Wiley were the following: "As I look around me here I see the many and usual manifestations of commencement times are to be evidenced at any place.

And these manifestations are not only pretty, charming an interesting, but they are the consequences of things and days In the far back past. The Greeks always went to see the Olympian games for the final wreathing of the winners: the Romans visited the great arenas to see the gladiators shed their blood, and always In life the great and changing scenes are witnessed by the people. "But wo come with another purpose thpn that of the olden time people who visited their places. We come with a great object, and the difference between the gloom of the past and the transparency of the placid cloud of the present is exceedingly marked. We feel and know that the Importance of education cannot be even estimated.

We know there is that In Its flames which cannot be quenched but by the Omnipotent hand of God. Mutual Improvements. "Mental Improvement of man and of woman stands In the front ranks of all Improvements, Education distinguishes the noble from the base and lifts up from the low all power. Material wealth perishes with time, but mental riches last with all eternity. Education Is one of the highest necessities, and to neglect It Is to mark a great blot on our birthrights.

Prejudices and superstition vanish before the great hand of knowledge, and If you would have the boon you must burraw deeply Into the open shaft. The precious Jewels of the great mine lie deep down. They are well worth the seeking and digging. So I say to you, go and dig and burrow to the very depths. "The literature of the college and high school 1b one of the most formidable Instruments for supplying the young men and women with that which will mark them as the brightest ornnments of the world.

ladles, home Is where affections call, and that Is where you want to shine. Adam considered the great and beautiful garden a desert until woman came. The Almighty designed that the pair should live In love and harmony. He formed their structural bodies and the qualities of the mind differently. Man was made to act, not to meditate.

Woman is to be mild, soft, tender and delicate. Her sway Is to be Imperious, powerful and as absolute as that of man. "Man has never meted out Justice to woman. The ancient Greeks worshiped her from the viewpoint of the passionate, and made the statue of Venus In which they sought to unite all charms and perfections of passionate, loving being. They regarded the physical qualities only.

But the far-reaching lights of Christianity has banished these old thoughts and objections to woman's seeking knowledge. The boundaries of her knowledge has been enlarged and the standard of man's appreciation has been raised higher and higher during all the cycles of years. Her Greatest Improvement. "Young ladles, I would desire to Impress upon you the deeply recognized fact that the femininity of woman Is her greatest attraction. We admire the characters of versatile wit and Indomnltable courage, but we love more the poor fortunes of woman.

Eove, suffering, else marks the majesty of woman? Pain and poverty, suffering and trial Is God's noblest means of developing the brightest and deepest of woman's nature. While I would have you feast on knowledge's table, I want you to retain all the charming virtues of the hearthstone. Make your home beautiful. Bring to It flowers, music and sunshine. Make It an Eden of love, beauty nnd gladness.

Make It a temple of holy reveallngs. Then It shall be that wherever (Continued on Seventh Page.) I Hires I Rootbeer I I MONUMENT TO THE CONFEDERATE DEAD Beautiful Marble Shaft Will Adorn Capitol Park WORK OF LOCAL U. D. C. Frank V.

Evans on Behalf of Marble and 8tone Company Presents the Immense Shaft of Marble Recently on Exhibition. A meeting of Pelham Chapter, daughters of the Confederacy, was held In the parlors of the Florence Hotel yesterday morning at 10 when steps were taken towards erecting a monument in Capitol Park to the Confederate dead Oak Hill cemetery. Mrs. A. A.

Cllsby, the president, stated that the object of the meeting w'as to pass resolutions making a formal request upon the Alabama Marble and Stone Company and the Alabama Fair Association for the shaft of white marble exhibited by the former at the fair last fall. A committee, consisting of Mrs. James Hardman, chairman; Mrs. Herman Saks and Mrs. Virginia Ru finer, were appointed to make the request, and the following letter was addressed to Mr.

Frank V. Evans, representing the Alabama Marble and Stone Company: "Birmingham, May 30, 1901. "Alabama Marble and Stone Company, City a meeting this morning of Pelham Chapter, Daughters of the Confederacy, it was officially resolved that we petition your company and the Alabama Fair Association to present the large marble shaft donated by your company to the said Fair Association, as a monument to the Confederate dead; that said Daughters will see that the stone is properly carved ns a memorial to their burled dead at Oak Hill Cemetery and mounted on their pedestal resting in Capitol Park; that a grant of said stone will not only be a lasting monument to the Confederates and an ornament to Birmingham, but a greater advertisement to your company than lying so many months unused at the Fair Grounds. "Through the kindness of Mr. Frank V.

Evans we hope to get a favorable reply from you today. Yours truly. "MRS. JAMES HARDMAN. "MRS.

VIRGINIA RTTFFNER, "MRS. HERMAN SAKS. "Committee on Monument." Mr. Evans' Reply. Birmingham, May 30, 1901.

Mrs. James Hardman, Mrs. Virginia Hu liner, Mrs. Herman Saks, Committee on Monument, Pelham Chapter, Daughters of Confederacy. me to answer through the press your communication of this date and to state to you that the Alabama Marble and Stone Company, Dr.

George A. Hill, president: Mr. Alexander King, vice president; Gen. Amos H. Mylin of Pennsylvania, Mr.

W. W. Hill and myself Interested parties and stockholders respectfully state to you that the marble shaft is at your disposal for the purposes indicated, so far as we are concerned Through the instrumentality of Capt. J. M.

Falkner, president of the Fair Association, and of the Louisville and Nashville Railroad, through Mr. W. E. Knox, superintendent of the Alabama Mineral Division, we were enabled to place tills exhibit upon the grounds of the Fair Association. and I feel at liberty to offer In their behalf all services rendered for tho noble cause which you represent, the splendid shaft of marhlo which was quarried in your own state, and will fitly represent, for all time to come, the valor and heroism of the soldiers of Alabama, who are burled at Oak Hill cemetery.

This is the largest shaft of pure white marble ever quarried south of the Ohio or the Potomac river, and will prove a lasting monument to the Confederacy, an ornament to Birmingham and to the patriotism of the women who seek its erection in Capital Park. So far os the Fair Association is concerned, and the officers thereof, they will not and cannot object to the removal thereof for the purposes Indicated in your communication of this date. The Intrinsic value of this shaft is stated by experts to be $2000, and the whole is hereby contributed to your cause and the shaft subject to your removal at pleasure. Yours truly, FRANK V. EVANS.

Representing Alabama Marbel and Stone Company. negroTaTstarts ROW WITH A WHITE He is Hit on the Head and Shot at Five at Thomas Will Billups, a negro man, was struck on the head with a rock yesterday afternoon at about 6:30 by W. D. Eastls, a white man, foreman of the coke ovens of the Republic Company at Thomas. Afterward the negro secured a pistol and attempted to kill Mr.

Eastls, It Is said. The affray started over the negro taking a dipper of water from the carrier of the Republic Company. Whi spoken to regarding the action by Mr. Eastls, Billups cursed the white man. After he was lilt by the rock he secured a pistol and tried to kill Mr.

Eastls, but It would not fire. At the time Eastls fired at him flvo times, but the bullets did not take effect. Then, It Is said, Billups went home, secured a gun and started to hunt for the white man. When he was arrested by the deputy sherlfT, he had the gun with him and was In an ugly mood. Warrants were sworn out for both persons before Justice Abernathy.

Eastls gave bond, but the negro was locked In the county Jail. MILLER ST.LL WORKING. Letters Are Pouring Into Governor's Office Asking for Clemency. Frank Miller Is making a desperate fight for Ills life, and letters In his behalf are pouring Into the office of Governor Samford. Some of the pleas for clemency are sent by women and It Is said a prominent minister is working In behalf of the condemned murderer.

A full copy of evidence In the trial has been mailed to the Governor, and an ettort will probably be made to prevent the granting of executive clemency. Concert by Memoirs band East Lake every Sunday. II mu Sensational Affair at Hillman Station Yesterday JEALOUSY SAID TO BE CAUSE I The Shooting Was Done In the Office of Dp. Paine, and His Wounds Are Thought To Be Mortal. Cook In Jail.

Dr. John Paine of Hillman was shot and mortally wounded yesterday afternoon at 6:80 by J. P. Cook, a telegraph operator, who lives near his home. The cause of the shooting is said to be jealousy.

The Bhooting was done in the office of Dr. Paine and with a 44-calibre pistol. Two shots were fired, one entering the back of head and coming out of the mouth. The other was fired into the back of the physician. The wounds are considered fatal, but at a late hour last night the wounded man was still alive.

After firing the shots Cook wrote a note to a friend his telling of the shooting and stating he had left for the jail and wranted the friend to take care of his family while he was away from home. Then he walked to the jail and voluntarily surrendered to the sheriff. When seen last night he refused to make any statement about the affair, upon the advice of his attorney, but It was learned that the cause of the shooting was jealousy on his part of Dr. Paine. Dr.

Paine has been a resident of Hillman for more than twenty years, and Is considered one of the most respectable men of the community. Mr. Cook has lived In the place about fifteen years. He is a telegraph operator, but recently has not been employed. A warrant was sworn out before Justice of the Peace Abernathy, and Cook has been placed In the county jail to await the result of his shooting beforo any investigation of the affair is made.

EAST LAKE THEATRE. Good Sized Audience Gathered at the Lake Last Night. A good sized audience greeted the Jefferson Stock Company In their first performance of "My last night. Judging from the applause, the audience appreciated the performance highly. Some good specialties were introduced by Effle Francis and Pete Seymour.

Miss Elizabeth Wheelrlght, the new character woman for the company, arrived in the city this morning, and Mr. Leon McRoynolds, the new leading man, arrived last night. Both of them will be seen In the bill Monday night. Keiffer and Diamond, the great vaudeville artlsists, have been engaged for next week. "Mixed will be the attraction tonight.

Genuine Little Liver Pills. Must Bear Signature of Sec Pac-Simile Wrapper Below. very (Mil Hi (otakeuncaa liAril FOR DIZZINEtl. FOR OIUOUINEtS. FOR TORPID IIVIR.

FOR CONSTIPATIOR. FOR SALLOW SKIR. FOR TNECOMPLUIOH I OBWlUWH HUT Purely CURE SICK HEADAOHB. ALABAMA OIL CO. Of Birmingham.

ILLUMINATING AND LUBRICATING Better Than all concede the beneflclal of whiskey In the treatment of disease. They also recommend the pure end unadulterated; benee the wonderful popularity of Murray Hill Whiskey, which for medicinal has no sival. It possesses all the virtues of a stimulating tonic, ning, soothing and pleasant. For sale by flrtt-claai, everywhere. a 'TRACE JOS.A.MAGNUS&CO.

CINCINNATI, O. C0PfR'6H'r THE USE OF TALKING? There are plenty of places where you can get good liquors by paying exorbitant prices; there is one place where you can get the very best at figures as low as goods of indifferent or poor quality cost elsewhere. It's safe every way to whatever you like in the wey ot wines and liquors from us. Try our WhlskyT bottled in bond; purity guaranteed by the United States government. SOLOMON LEVI, 1928-30 First Ave.

Bell and Telephone 1012. BIG REDUCTION For a week in Fine Writing Papers. Parker's Fountain Pens. SMITH MONTGOMERY! E00I 4. STATIONERY 03.

1 We are Agents for FANS DESK AND CEILING. DIRECT CURRENT. Call and see our stock before buying elsewhere, or telephone 957 and our representative will call. CEILING FANS, 2 or 4 blade, 2 styles, $15 and $20 DESK FANS, 12 inch and 16 inch, $10 and $12 CONSOLIDATED ELECTRIC LIGHT COMPANY. Cor.

Powell Avenue and 19th St. invitation ToMuslcLovers Art and science have evolved many new beauties, both In musical sweetness ana handsome cabinets, In the new 1901 Pianos of the manufacture. You are cordially Invited to eome and see these new pianos. We bglleve It will be a pleasure for you to see them and test them. New illustrated catalogues about the JESSE FRENCH, RICHMOND, STARR, VOSE, KNABE AND STEINWAY be glad to send you, upon request.

JESSE FRENCH PIANO ORGAN OO Mr AMY. M. McN. GRANT, Manager, Birmingham, Alabama. EULER GO.

CONTRACTORS and BUILDERS. All Kinds of Store and Stair Work. JOB WORK I SPECIALTY 402 N. 20TH IT MET..