i£P THE WANTS ARE OF SERVICE IN INNUMERABLE WAYS - SEE IF THEY CAN’T SERVE YOU. r, Vl «£*«.« the charlotte news.^® n,anwn 01 45. NO. 8015 CHARLOTTE N. C.. FRIDAY tVENING, AUGUST 25, 191 1 PflTpp I In Charlotte Cents * Copy aOily-6 Cents Sunday. Outside Charlotte 6 Cents a Copy Daily and Sundat I Hi IS9l[ LEGAL riliiST mis :e Commerce Commis- yc.tpones Effective Date Irder in Duncan Case iirts Can Handle hitua- Alleged Uxoricide Faces Second Day of The Sensational Trial ft ^ .0. 4 * A ’nvolves Right of RatU > :o Select Places Where :it Privileges May be it td—Many A tl ant a ^ Dealers Affected, • -d Press. *'n. Aufe. 25.—A notable le* . n ^'lpltated by the order . Commerce Commla- s popularly known as the induced the commlBsion = one the effective date of t: m Aug. 1 until Nov. 1, -';r, r,nd many other At- . in prraln. Jfrain products ’•'V'atned to the commis- • • were discriminated - of Naahville, Tenn., >>•6 not accorded the i: tmii.-ii privileges as .'..ii'iville dealers and .oniinlsslon ordered • .Jna'uin should cease . : in Transit were per- Ip if f-hould be per- • riiriir.istances, ai , • r,.’.>r"ia points, thus d ^' fimmation. • on did not pass upon fii" transit privilege. | i liaf tho railway s j in favor of some : •io X;ishville Interi'^ts, 'if' railroads in the ;nT has been institr.ted > rrce court to set aside '? order, the roads ■ riuhT to spler' plat\‘s ■ !» . r^. il. . are t> i>o Jnn aereed. ; i -np ifs order in or- !uipht have time ‘nitf'.'ant principles THERN ^ PRIEST HELD. 2.".—The fuuer- ' Major, south- •ind pastor oi (hurch of the •..viort, was held n’/'ados who had T :ii!:i into Ohio 1’- ronerreation •t.-.d hy him. the • ri'.'ht to the li> vd. where it '■IP fune’al this nishi a 2;iiard of t bndy. This i !Ma’-.iort prac- ' 4^- inds of citi- '-.'.d joined in to the souihei'u V I I Lawyers Conducting Beatiie*s Defense Receive Two Set- Backs at Hands of Presiding Judge— The**Dear Kid"* Let ters to be Used as Evidence. RIVEe GONTRIIGT TO T The Glamorgan Co. {Casthort^ of Philadelphia And The United States Cast Iron Co. Of Chattanooga Win in Hot Competition. speed Maniacs Hurl Cais Over The Elgin Track Foi Records AVIATOR BRINDLEY Remarkable photograph of Aviator Oscar A. Brindley In a state of col lapse after his altitude flight at the Chicago aviation met. The cold of the upper levels so benumbed him that he was unable to get out of the ma chine after alighting. Aviation experts are decrying the high altitude flights because of this danger, which, unless discontinued, will result in many deaths to flyers. Harry N. Atwood Has Completed Tnp From Si. Louis to N. Y. \GHAM WET. 0(>. 'i ' 'I r 2^.—' • • loxt s are yet • ■ ill'-, the returns , : :.*■ lesalized aa- '(»n ' CKunty by a Laughs Ai e and Time Law nion 2.T.— f’nable of the prospec- n mariiage h- nd Olga V. Payne. . H, took pasbune 1 ‘oard the pow’r ' • the orran Wrd- ' ond the three- Ajier Breaking Woild*sRecord for Long Distance Flying in Aeroplane he Spent Last Night Repairing Slight Dam age to Machine. Got Away From Bad Place After Cutting Down Trees, Flew Over New York And Landed in Governor*s Island at 2:38 P. M, Ey Associated Press. New York, Aug. 25.—Atwood crossed city line at 2:18, passing Spuyten Duy- vil at that time. Atwood ijassed Grant’s tnmli at 2:25. Passed the Singer building, lower Manhattan at 2:33. He was then with in a mile of Governor’s Island, where he may land. Atwood Lands. Atwood landed at Governor’s Island at 2:38 p. m. Nyaok, N. Y., Aug. 2."..—Harry N. Atwood, holdinc the world’s record Interest Centers in Paul Beat tie, Mam Witness For Pro secution Who R ill be Called To-day—Several Other Wit ness Take the Stand. By Associatea Press. Chesterfield, C. H.. Aug. 25.—The de fense in the Beattie trial met with two setbacks at the opening of court here today. Judge Walter W. Watson quickly overruled, a piotion to exclude the “dear kid” letter Written by Beat tie to Beulah Binford and introduced yesterday and following this by deny ing a motion which questioned the wording of the indictment as to the wound being in the “face” instead of the skull or brain of the victim as showi^ by the autopsy. Court Convenes. Court convened at 10:30. The crowd was even larger than yesterday and hundreds gathered about the yard to catch a. glimpse of Paul Beattie, the commonwealth’s chief witness. The prisoner was dressed in a neat blue suit, having discarded the gray one he has worn heretofore. No “Paul to Beulah” Letters. Before any witnesses were called, H. M. Smith, jr., for the defense, ob jected to the introduction yes-terday of Beattie’s letter to Beulah Binford, identified by the prisoner at the coro ner’s inquest. As Beattie at that time was not under arrest the defense cited a ruling barring the use at trial of tes timony not in the defendant’s own behalf and given by him while a wit ness previously. Notwithstanding'Mr. Smith’s argu ment the court titled that the letter should not be excluded. Hill Carter, for the defense, then took up the point that the indictment against Beattie refers to the wound In Louise Beattie’s “face” rather than to the skull or brain and that all testi mony relating to a wound other than in the face should be excluded. The court held that Inasmuch as the in dictment specified penetration of the ! face there was no ground for sustain- tfheepshead Bay race track at 4 p. m., I icg the ^defenses contention, the time s;heduled for his arrival, was | Jarrell on Stand. , , , somoThing he was unable to tell. ! Jarrell, called to the stand, related When Atwood returned for break-prisoner s stoiy of the roadway fast he said that the damaged engine and that Beattie said hi had iieen repaired and that the weatti-' ^ as^ilant ran into the woods, er and the physical difficulties were Thomas Owen, Beattie s uncle-in-la the only factors in the situation. The testified aviator did not spend long at table for ant had told him the man ran up he found the wind to his liking and ^^^*^- feared that any minute it might veer j Scene. to an tmfavorable quarter. When a' proesctition unrolled a map light rain began to fall he said that this would not keep him from attempt-, turnpike and exhibited it a ino- ing a flight if other conditions were i Beatties lawyers. The de- favorableT would object to its intro- It was nearly dawn when they pro- duction, then for the t'inie being a nounced everything ship shape, and simple P^^ce of paper with par^ e when Atwood visited the place before bnes indicating the roadway he endorsed their report Jarrell was asked to describe The Wood Stave Pipe Repre sentatives Lose in Combat With Local Prejudice—En tire Pipe Line to River to be Cast Iron. RIVER CONTRACT AWARDED breakfast Atwood was delighted when he observ ed that the wind was true and steady from the southeast. “If the wind holds in this direction I can fly out of the trap here quite, easily,” said Atwood, “and it won’t be •. it possible for a human necessary to start for New York until | o’clock this afternoon. If, however. where the blood spot was. “About in the center of the road. “How far from the left hand run ning board of the car?” “About 12 or 18 inches.” the car We object,” cried the defense. The I fi’nd7hat the wind is starting to veer wit to the westward I shall fly from here in a hurry.” Atwood Starts. Tarrytown, N. Y., Aug. 25.—Atw^ood passed' here at 1:56 p. m., 25 miles from New York. Passes Irvington. Irvington. N. Y., Aug. 2t Ionf distance aeroplane flying, planned j passed here at 2:02. ttiis morning to wait here until 3 o’clock.this afternoon l)efore conclud ing his flight from St. Louis lo New York. A steady southeast breeze made conditions ideal lor Atwood to tale '; t;i.-:ipr iiorformed Wing out of the meadow where he rnony. The skipp-r ' Getting Closer. Yonkers, passed he ironi New York. Counsel asked the witness if there was any blood on the gun found near the scene of the crime. “Yes, sir, there was,” said Jarrell. Describing the automobile the wit ness took the view of Detectives Wiltshire and Wren who testified yes- Atwood ' could not have run ; through the machine to the ground. “Did you see the accused weep on ■s, T T. l;r 25.-At.ood,the night of the m^ded?" it>re at 3:12 ii. m.; 15 miles, ,p‘|,° cautioned I • only witness, ai- » • drift during the ' lantern so that ‘.i'l rfad from his : .i » • '.in'. 2.".—Three men •W'r;igp at the ])lant ' ■•inicinv at Marcus ' • :i oiiie hy gas last i ‘Shortly after l)cing ■ men. all foreigners, ■ ing the sewers. It is 'li.ionouR gases were \at. r from the river " t ’.\itli the sediment i:iHL;-td out in a sub- 1 It ion, having svvallow- of the poisonous sewer ESTABLISH NORMAL SCHOOL FOR CHILDREN OF THE MASSES. By Associated Press Detroit, Mich., Aug. 25.—The ques-' testified that the dogs failed to take tion of establishing a normal school scent of the alleged bearded highway- for the orphans as well as children of man. He told Beattie’s version of the living members of the order was the encounter which differed but slightly I'lincipal matter for consideration at from accounts previously given by the annual convention of the Loyal witnesses. There was no blood on the Order of Moose today. The newly gun, he said. Beattie had told him elected officers were installed and the that he was not sure whether the man convention probably will end tonight, fied along the road or through the The purchase of about 300 acres in woods, some centially located city and the! N. W. Sydnor. expenditure of $50,000 for school ' x. w. Sydnor, of Richmond, who buildings is contemplated. Sentiment took a second set of bloodhounds to is rather sharply divided. was forced to land yesterday on ac count of engine trouble when within 25 miles from New York city. The engine was repaired during the night and nothing remains for Atwood but to tly down the river and land at Sheepshead Bay race track. Atwood said this morning that he would not fly to Boston. Intermittent morning rains devel oped into a heavy downpour toward noon. If this keeps up Atwood will lie unai)le to get away, but the avia tor said he would venture to fly in lighter rain. He remained at the ho tel while a crowd of several himdred *?tood in the rain about his machine, many women and children finding shelter under the sheds over nearby hay stacks. More trouble developed for Atwood later when the storm cleared and the wind veered around to the north. In order to get the aeroplane out of the trap and make it possible to take wing w'oodsmen cut down sev eral treese so that the machine could be taken to a nearby meadow where it would be easier to make the start. Atwood said he hoped to get away late today. Atwood expressed regret at having to disappoint the crowds who watched San Francisco, Aug. 25.—Delegates for his arrival with crooked necks all to the grand aerie fraternal Order of dav vpsterday Whether he would be Eagles held two sessions today and able 'to reach the landing place picked cleaned up the business of the meeting out for the end of his Journey at of 1911. the witness to express no opinion as to Beattie’s grief but to relate simply what he saw. Others Testify. Maj. James D. Patton, of Richmond, 'W'ho went to the scene on the day fol lowing the murder with blood hounds, The water board after re ceiving bids last night for pip ing for the Catawba River Line, ♦ made the award at noon today. Three mile& was awarded to the Glamorgan Pipe and Foun dry Co., of Lynchburg, Va, they •O being lowest bidder on cast iron pipe, entitled them to all they asked for, which was 3 miles. Price, $22.73 per ton for class es A. B. and C. pipe. A weighs 204 pounds per foot. B weighs 233 pounds per foot. C weighs 279 pounds per toot. The balance of the line was made cast Iron and awarded to U. S. Cast Iron Pipe & Foundry Co., of Chattanooga, in consider ation of a reduction of 37c. per > ton in their bid, making their ♦ price $22.40 per ton. ♦ These prices are for pipe de- > livered f.o.b. Charlotte, and also ♦ on sidings at Chadwick and ♦ Hoskins, 60c per ton is to be ♦ added to all pipe delivered at ♦ Paw Creek siding. ♦ Point at which river will be ♦ tapped can not be definitely ♦ settled until property can be ♦ secured. Figures received are ♦ for 9 mil's pipe. Cost will be ^ ♦ approximately $130,000.00 for ma- ♦ terials to build line. ♦ The city could have sav- ♦ ed $65,000 if it had used all ♦ wood pipe. ♦ Figures are for nine miles. ^ Line will be between 9 and 10 miles, depending on point tapp- ^ ed. ♦ Exact cost of pipe line will be O known only after bids for laying pipe are received, which bids ^ will be duly advertised for. ♦ I Interest as to the award of the contract was at concrete pitch from the moment the bids were handed in last night. Six bids were submitted Eastern Manufacturing Co., of El mira. N. Y. Redwood Manufacturing Co., of San Francisco. R. D. Wood & Co., of Philadelphia. Glamorgan Pipe & Foundry Co., of Lynchburg, Va. United States Cast Iron, Steel and Foundry Company of Chattanooga. A. J. Wyckoff & Son, Co., of Elmira, N. Y. The respective bids of these firms are given elsewhere in the report of last night’s meeting. Award Meeting. Present at the meeting this morning were Mesrs. D. P. Hutchison, R. K. Blair and J. A. Jones, of the water board. Mayor Pro Tem Phifer, and River Engineer Gilbert C. White. Details of the bids submitted were discussed at length. The gentlemen representing the w^ood pipe made a great impression, not only on the water board and all interested in piping, but on the citi zens whom they met. Said Mr. E. E. Peter, of the Wyckoff Company (wood stave pipe): “We are deeply appreciative of the kindness shown us by the gentlemen of the water board. Mayor Phifer, Mr. White and Supt. Vest, as well as personal courtesies. We did not get the contract, but we feel that we would have done so but for local prejudice against wood pipe owing to the fact that wood pipe has not been introduced .in this section and its merits are not known. We have made our w'ay all through the Southwest, and we are going to, make our way in the immediate South. “W”e have been treated most kind ly—fairly and squarelj'^—and we will yet win out in this section.” By Asociated Press. Boonville, Ind., Aug. 25.—Charged with the murder of his father, moth er and brother, whose bodies were found in their burning home yester day, and knowing that threats had been made to lynch him, William Lee early today asked Sheriff Scales to be permitted to attend the funeral of his family this afternoon. His request was refused. He paced his cell most of the night but talked little to his guards. Lee was stripped late last night and on his body were found many bruises. According to the theory of the sheriff, the bruises were from blows struck by some one. Lee said the bruises came from his having fallen in getting out of a bug gy Wednesday night when he called on his fiancee, Mina Taylor, to whom he was to have been married last night at her father’s home near Newburg. Miss Taylor has been hysterical and unable to make a statement other than she believed Lee innocent. The coroner’s inquest, which has developed that Lee’s family objected to his marriage and that he had de manded money from his father, was continued today. Day Opens Up Fine And Course is in Excellent Condi tion for Fast Time hy Drivers —Many Noted Piots Are Entered. S«OT SELF WHILE WMING [ Special to The News. Wilmington, N. C., Aug. 25.—Mr. M R. Walker, a young white man 27 years of age, of Burgaw, N. C., com mitted suicide yesterday evening about 11 o’clock o nthe trestle of the Tide water Power Company crossing, Wrightsville Sound, before arriving at Wrightsville Beach. He was in com pany with his brother-in-law, Mr. J. A. Rowe, of the beach, whom he was visiting, and Mr. L. Turner, a friend from the young man’s home. The party was out for a stroll and were walking across the trestle over Bank’s channel, the deepest point of the sound, when Walker handed Rowe what was ostensibly a business letter to read. While it ,was being read by him, and Turner looking elsewhere. Walker took out his pistol and shot himself, falling at once into the chan nel and it is thought, swept out to sea. , The letter given RoWe stated that the deceased intended to kill himself. He stated that he was not good enough to marry the girl to whom he was engaged. I FIST T ; the scene, followed Maj.. Patton on the i stand. Did you find any foot prints in the ONE KILLED AND ONE HURT WHEN aUTO jumps OVER, pitch along the road.” (Continued* on Page Two.) Pittsburg, Pa., Aug. 25.—William L. Barnon, a commission merchant was killed and Harry Clark w'as seriously injured when their automobile went over an eml)ankment near Glenfield early today. Both were pinned under the car but Clark succeeded in freeing himself. Before he could summon aelp the gasoline tank exploded and Barron was burned to death. THE WEATHER. ^ By Associated Press ^ Washington, D. C., Aug. 25.— ♦ Forecast: ^ North Carolina: — Local ^ showers tonight or Saturday; ♦ moderate to variable winds. ♦ % ADMIRAL TOGO WILL NOT BE ENTERTAINED ON SUNDAY. By Associated Press. Vancouver, B. C., Aug. 25. Admi ral Togo will not be the guest of the city at a luncheon Sunday as was planned. This was decided by the city council at a meeting last night following the receipt of many t>ro- tests against what was termned Sab bath desecration.” The only honor that will be accord ed the admiral by official Vancouver will be the presentation of an ad dress of w'elcome when he steps from the train Saturday night. COTTON MEET POSTPONED. By Associated Press. Rochester( N. Y., Aug. 25.—dhicago- Buffalo train No. 4 on the LeMgh Val ley railroad is reported to have gone through a trestle at Manchester, On tario county, New York. Twelve per sons are reported killed. The train was loaded with returning Grand Army veterans. A special train carrying doctors and nurses, has been sent to the scene of the wreck. A telephone message from Canandai gua reports’ 25 killed and 50 injured. The train jumped the track near a bridge which spans Canandaigua out let, in the heart of the village of Man chester. The accident occurred at 12:30 p. m. The train w'as heavily loaded with veterans and others returning from the Grand Army encampment in Rochester Ambulances and physicians from Canandiagua, Geneva and near by towns have been summoned. Rochester, N. Y., Aug. 25.—A long distance telephone message from Manchester says train No. 4, the Chicago, Buffalo & New York express on the Lehigh Valley Railroad was derailed on theb ridge in the heart of the village at 12:30 o’clock. Thirty- six persons are reported killed and fifty injured. Three cars fell into Ca- nandiuga outlet and ona hangs over the edge. The injured are being placed on a relief train which was started from Rochester. Most of the dead and in jured are veterans and visitors to the Grand Army encampment in this city. It has not been learned how the By Associated Press. _ Montgomery, Ala., Aug. 2o. The meeting of Southern Agricultural Com missioners and cotton men, called yes- terdav bv Capt. Reuben E. Kolb to meet in Montgomery, Sept. 5, to take j wreck happened. action regarding the true condition ' = ctpns neces-?! V —The department was called I^®nvpvpnt a bearish campaign. i South Graham street at 3:30. F.irei Roberts won the Aurora cup. bUn DOBtpoued until Sept. 12. j occurring in C. C. Bates’ warehouse. Hughes won the Kane county cu- to One Accident Happened Early When Ramen Was Thrown From His Car and Had Both Legs Broken—Biggest Raci For Tomorrow. By Associated Press. Elgin, 111., Aug. 25.—Tw'o accidents marred the automobile road races here today. F. E. Radena, mechanician for John Raimey, driver of a Cino ma- chine, sustained a broken ankle w'hon the car burst a tire and shot into a tree. Raimey was unhurt. A half hour later Fred Robillard’s car thre'«v a tire and smashed into a telephone pole which wasc ut in two. Both pilot and assistant escaped inujry. In the big car contest for the Illi nois cup the leaders reeled off the first S3 miles at about 66 miles an hour. Herr led his team-mate Merz by just one second. Jeffkins was 10 seconds behind Merz. The small cars traveled about 45 miles an hour and on the third lap were seconds apart. With 110 miles or a little mor© thanj half of the Illinois cup distance cover ed, Herr, In a National, was first, and his team-mate, Merz, second, Herr hav ing travelled in 1:40:43 and Merz in 1:41:37. Hughes and Barnes were re spectively first and second in the Kane county race at 110 miles, with 59 miles to go. Both drive Mercers. Hughes’ time for the 110 miles was 1:42:46 and Barnes’ 1:44:44. 'Ogren was declared out of the race in the sixth lap with a broken piston. Roberts seems to have a safe lead in the Aurora cup, laeil«g by 8 1-2 miles, with only 33 miles to go. The course proved about 4 miles faster than las't year. Elgin, 111., Aug. 25.—Eighteen cars chorting their unmuffled exhausts were started in three events of the second annual Elgin road races at 11 o’clock today. Crews at the Track. An almost unbroken procession of automobiles ranging from the one lunged "pop corn stand” of other days to next year’s six-cylinder models and all displaying pennants and banners stretched its dusty length from Chi cago to this city this morning, bring ing its share of the throngs pouring in here to attend the* races today and tomorrow. Despite predictions of rain, the sun peeped through the clouds. The business section of the city was like a log jam for congestion during the forenoon and from the tops of the higher buildings a rising trail of dust could be seen marking the path to the grand stands. Drivers, accessory men, advertising agents and the automobile world gen erally, slept where it could last night, in chairs, hallways and in their ma chines, In the cafes and restaurants the stained menus of every day life has disappeared in favor of new ones dated August 25-26. Visitors admitted that this was a triumph of cleverness as Elgin citizens were afforded the food to which they are accustomed and guests from Chicago and New York found the prices just like Michigan- avenue or Broadway. Today’s program called for three races, all to start at 11 o’clock. The Illinois cup at 203.35 miles with two Nationals and two Velies entered; the Kane county cup at 169.46 miles with one Cino, two Mercers, two Staver-Chicagos, three Colbys and tw'o Coles and a Corbin entered; and the Aurora cup 135.57 miles in which one Ford and two Abbott-Detrolts were carded to struggle for the light car prize. Before the start it was thought that Morris of Dallas, Tex., (Cole) might not be able to race owing to the front wheel of his car having become “dished.” The course w'as pressed smooth by steam rollers this morning and the racing men declared themselves sat isfied with the prospects except for the faint hint of rain in the skies. The sun was out, tTie track fast and thousands of spectators were on the lookout for record-breaking. Don ald Herr in a National was first away and the other cars of the Illi nois cup and the Kane county cup follow'ed him at 30 second intervals. The small cars in the Aurora cup were sent away at minute intervals. An hour before Starter Fred Wag ner sent the cars aw^ay the thousand.^ of spectators crowding the roads leading to the grand stands suggest ed what might be expected tomorro'.’.' when the big race—the Elgin Na tional—at 305.3 miles is run. Eighteen cars will compete in the three races. F. E. Edwards, chief ex ecutive of the technical committee, made a close examination of Morris’ Cole and, in doubt, instructed the Dallas driver to start, warning him if the defect in the angle of the w'heels became apparent on running he would be called out of the race. A. J. Banta, clerk of the course, made a tour of the course, and {iro- nounced it in excellent condition. The drivers were warned in particular not to attempt to pass ea^h other on certain stretches where the way is narrow, or on the new unsettled roadbed on the edges. Roberts Won.

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