North Carolina Newspapers

THII ACZCCIATZD DISPATCHES A A LAST EDITICIT, 4:00 P.M. Weather lrecast: . : :r Cloudy, cooler. VOL, XIV. ASHEVILLE, N. C, SATURDAY AFTERNOON, AUGUST 28, 1909. 3c PER COPY BREE&E AND mCKERS ''':';"i '-!- ' - :; '' ..V --. "' : - ; ; . " TWO YEARS IN PENITENTIARY AND FINES OF. $2500 IMPOSED Jury Returns Verdict After 16 Hours-Mercy Recommendetf Penland Case not Considered, by Instruction of the Cdurt, and It It Understood He Will Accept Final Judgment of the Courts in the Other Cases. MOTION IN ARREST OF JUDGMENT, FOR NEW TRIAL, V WILL BE ARGUED BEFORE JUDGE NEWMAN SEPT 14 The Defendanlt Held tajond in Sum of $5000 Each The jury Too Three Ballots Before Arriving it Verdict in the Cass to Which Hive 6iven Daily Attention Sinct July 26, or lor . , Exactly Five Long Weeke. UILTY." -vJ The one 7 word was , r spoken by Foreman ' Garren and there was an instant V, hush. ' Then, a moment la ter, and - amid the . stillness, the 'foreman of the jury that for five long weeks .has listened to the evidence and the argument in the trial of Maj. "William E. I3reese and Joseph E. DiekersQn, charged by the government of the Unit ed States with conspiracy to defraud the First National Bank of Asheville, added: "We desire to recommend the mercy of the court." ' The verdict of the jury this mbrning at 10 olock was the j final decision of the 12 good( and true men chosen by the government and .the defend ants to pass' upon the guilt or fire innocence of the two banfc ' ers; the two men officially iden tified with the First National Bank of Asheville at the : time of its failure here twelve years ago. The long-drawn out case; . the stubbornly contested ease,! was: ended yesterday after-j noon at 5:30 o'clock with Judge Newman s charge. , The j jury deliberated during the late afternoon and for a time last night but failed to agree and. at 10 o'clock Judge New man, who returned to the court room instructed that the jury be locked up for the night This morning about 9 - o'clock a report went forth that the jury had agreed. Judge New man was informed and likewise the district attorney and the counsel for the defense. A The news spread and within 30 "minutes a number of persons had gathered at the court room, v ' , ' . Early Agreement Surprise. v The early agreement or the Jury waa admittedly a "bad omen for the f.efenae and apparently the de'ond HnUr were nbt unprepared for the ver dict The Jury filed into the court a few mlnutea before 10 o'clock, and at the aame time Judge Newman entered and court waa formally opened. MaJ. Breeae and Mr. Dlckerson. to whim the verdict of the Jury meant no much ,' fieedom and vindication. If "not guilty" Vnd a continuance of the IOn hard fight If. "guilty" entnrc.l nnd took their aceuatomed se.iia it the la , ble near counsel.' "Gentlemen of the Jury, have ou arrived at your verdict?" uaked Juilne Newman. "We have," replied Foreman t:r ren. . "As to one or both of the defend antsT" aaked the court. "Both," again came the repty. "What Is your verdlctl" from the court. " . "Guilty," said Foreman Qarrerf. "W ask the mercy of the court." . The verdict of the Jury was receiv ed by MaJ, Breese and Mr.-Dickerson without the quiver of a muscle. Tfiey sat there unmoved. . JuVlge Moore of counsel for-the defense arose and asked that the Jury be polled. Judge Newman complied with the request and as the name of 'each Jurnr was , called the Juror arose and In reply to the question. Is that your ver diet?" said, "yes." With the polling the Jury District Attorney Holloa arose and said, "I'll enter the prayer for Judgement." Tlie DefniMhinta are' Hcnlemfd Judge Moore In reply to the district , attorney asked the court to postpone the passing of sentence for a few dsys; that the defense desired to ar gue the point of a new trial.- Judge oore said that he was very tired and innt be was not at the moment pre pnrd to Brime the matter which he di-Mrc.l ti (Id. Ju-' lu lled th&t he d sired to close up the record and con tinuing said: "Let the defendant stand up." ' - MaJ. Brceso and Mr. Dlckcrson arose and standing erect faced, the court for Bontence. Judge Newmnn said that It waa -a vory painful duty that the law had imposed upon him. Ho referred to tho fact that under the law the maximum punishment for the offenso wus two years In tho federal prison and'n ilne..of S10,Q4tfe Then facing the defendants he said: ,; "Let the defendants be imprisoned In the federal prison at Atlanta for a term of two years each and pay r fine of $3600 each." . After pafwIiiR sentence Judge New man turned to the Jury antSaddrcKtilng the twelve men thanked 'them for their patience and wished them a hap py return to their homes with' the prayer that they might nnd their families and their loved ones well. The Jury. . . The Jury that tried the hank n.ses waa composed of the following nar-.eJ gentlemen: John Ourren, foreman of Transylvania: W. T. Carson of 'i'ru. sylvantu, Frank W. Cole of Transyl vania, Klmsey Howell of HavwHO'l, M. p. Bradshaw of Hwaln, J. O. Mc Cracken of Clay. 1. R. Crydcr o Hun combe, Stanhope Led ford 'of Clay. J. E. Norton of . Jackson, M. Reeves of Bwtrtnrt'aameg; .rrisff lot Graham and J. p. Hyder'of Henderson, - While members of the Jnry were reluctant to discuss anything tliat transpired In the Jury room it !s hid that three ballots were taken' before they arrived at their verdict. The members of the jury said that the llv Weeks had been a trying period with them; that they had, however, been very comfortably cared for and that they felt they had done their full du ty. .1 ' Penland Cane Not Considered. The Jury In returning Its verdict did not consider Mr. Penland, who was Indicted along with Mr. Dlckcrson and Major Breese. "They eliminated Mr. Penland'Ainder Instructions of the court yesterday that Mr. Penland was not on trial. Relative to the status of the Penlanft case It Is said that un der the old understanding or agree ment between .representatives of the government and the accused Mr. Pen land is to- accept the final Judgment of tho courts. After the formality of taking the verdict and dismissing the Jury the time for arguing the motion In arrest of Judgment and for a new trial waa considered and September 14 agreed upon. Judge Newman required bond in tUe sum of $S0O0 for each defend ant. ' District Attorney Holton left this afternoon for his home in Winston- Salem. Mr, Holton Concludes, In concluding his three hours' speech yesterday, afternoon. District Attorney Holton asked tho Juror to apply the law as It comes from his honor, and carefully consider the evi dence. "Their words condemn them," TO said; "their acts condemn them: they admit an agreement to tak money out (if the bank without secur ity; the act Is done. We find from their own mouths that every time they met, they agreed to the acts." . Following the speech of Mr. Holton, Judge Newman , delivered ' very thoughtful and masterly charge to the Jury; a charge cool and dispas sionate, and one which reflected serl? ous thought and careful preparation. ' Tlic Judge's Cluirge. Judge Newman defined conspiracy as an agreement between two or more persons to do an Illegal act.- While Dartles might conspire to no an uiegai act. yet to complete the conspiracy It Is necessary for an act to ne aone io show IU He read the unllea mates revised statutes covering conspiracy, and slated that the bill of Indictment Chawtes that William E. Breese, pres- Mnt: W. H. Penland, casnier, ana j, K. Dlckerson, a director ot tne rirsi National bsnk of Asheville did con spire together to ana am nil abstract money, lunoe nu rrun. of the bank to defraud R. R. Rawls nihra too numerous to menuon. Tk. I,., then explained that while the Mil of Indictment Jointly charges all three with conspiracy and embes- .imnt and WhUe only wreese Dlckerson are on trial, "you hava the power to oonsldur the evidence against Penland, though nc is noi on . It takes two to effect a conspiracy, If Breese and Penlsnd conspired, or Dlckerson and Penland conspired, you can return against either Breese or Dlckerson or both of them, If you.Jind them guilty; and (f you And that Hreeee and Dlckerson conspired with each other, youcan find them guilty; and If you nnd all three conspired to (Contlnued on page 7) CURTISS 1 IH GREAT EVENT He Maket Lip in 7:57 :2.5Blt riol Poshed Him Close, Losing : by 2-5 of a itcond. f M"MM"I;Hh4' Bcthcny, Aviation Field, : RhctniB. Aug. 28 Cilcnn II. ' Curt ins, the only American av lator at Hetheny, today won tho most important event .of -aviation week. , Ho covered two lnps of tho course, 12.42 miles, ill 15 minutes', CO 3-5 seconds, or at ; the rate of 4T.8S miles an hour. Blcrlot, his most formidable rompetl toc. miido tho distance In IS minutes, t 1-5 seconds; La tham did not start. . .. . . ' Betheny Aviation Field, Rhelms, Aug. 28. (Bulletin) Blerlot made a round In the lap contest In seven minutes, 47 4-5 seconds. This Is the worlds record for' distance. -.Curt las heat the time for the lap made In competition for the International cup In seven minutes, 53 1-8 seconds. Betheny- Aviation - Field, KltWms, Aug. 8. (lien II. Curtis, the Amer ican aviator Hturteil at 10-.tr .this morning In the International cup nice. He completed the first round In 7 minutes, 5i 3-5 seconds. He made his krfcond round In 7 niliiutes, 50 8-t seconds. Before starting In 'the contest. Cur tlss mode a trial heat in 7 minutes, 55 1-5 seconds. All three rounds de feated the best previous records of all aviators. Blerlot, one of the French contestants, started In the contest soon after the curtlss machine' was in th and made a.,trtal round In 7. minutes,-6S 1-P seconds. 4 ," Dt'Lag'rango Get a FhII. As Leon DeLagrange was turning the first pylon In the course of an exhibition aeroplane tllRlit today, the propeller of his machine broke Trom Its shift and the aeroplane fell heav ily to the ground. 'Fortunately, the height at tho time did nut exceed :!) feet. DcLagrange was badly bruised nnd shsken up, but none of his boniw were broken. Fnrnuiir Wins , One Trophy. 1 Henry Farnum, the, English aviator, a hitherto unknown quantity In the aviation contest. In a bi-plaue of his own design, broke the world's record for duration of flight and distance in a hcavler-thnn-alr machine yesterday and won th Grand Prix Do Iji Cham pagne the endurance test by a re markable flight officially recorded ha 180 kilometers till. 78 miles) In three hours, four minutes, 56 2-5 seconds. He actually covered an extra ten kilometer aitft remained In the air ten mlnutea after 7:30 o'clock this afternoon the hour that the tlmokeep ers under the rules, ceased to keep a record of the flight. The other contestants finished In the order named: Hubert IjUIiiiiii, Louis Puulhan, Count De 1iiinbert. Hubert Latham, M. Tlwandier, Roger Sommer, M. Delngrange. M. Blerlot, Glenn H. Curtiss. M. Lefhvre. Illcrlot's Flight. Betheny Aviation Field, Chelms, Aug. 28. Blrrlot has made his flight for the International cup. He covered a round In 7 minutes,. 53 3-5 seconds, two-fifths of a second behind Curtiss' best time for a lap. His time for two laps is given officially as 15 minutes, 5 1-5 seconds, Ave seconds slower than Curtiss' time for the full distance. Latham has not started and .conse quently Burtiss Is winner In this great International event. Farman's victory waa a complete surprise. He had been preparing his machine secretly and had not. ap peared upon the field except for afew practice flights, and, had been almost forgotten. TEN PEBSONS KILLED- Workman Threw Lighted CigaretWJn to Box ol FuMi-Flve Others ; Badly Hurt.' Kev West r'la.. Aug. 8. A a re sult of the explosion yesterday noon of 700 pounds of dynamite at Bocaehiea. it mllee from Key west on ine r lor Ida East Coast railway, ten men are dead and flva probably fatally Injured and a doaen are suffering from Inju ries. The expbwlon waa caused by a member of the railroad construction force .carelessly throwing a lighted cigsrette Into a box of fuses. Nine of the workmen met instant death and' the tenth died while being brought to the hoajdtal here. The men were hurled high Into the air and the bodies of the dead were, almost beyond recognition, arms and legs be ing torn from tho bodies of some while the faces of others were masses of seared flesh. ' . Myst ery at i COOLER WEATHER I Is The Promise ol Forecaster- Ttxas Storm Passes Inland An other Coming. Washington. Aug. 1$. -While the ttortn which Mruck tho Texas must yesterday, hns i:iased Inland near the moutli of the i:m Qrunde rlv-r nnd is diminishing In intensity ho thai m further concern Is 'being cici-' i i,y it, tho weather Imt- au toduy Is .iti liiim closely the pn.-ii s of a severe .st'.rm reported' twin Androa IslnndH. mid which is heail I loward tho east i -oust of Florida. Worm warnlims - are -dlHdny at Jupiter and .Mi. unl, Fin. The ln coster at the weather bureau H'nn ises a root vh from the nurthwekt which Is due in reach the eastern states by tomorrow night Next week expected to be very conifortulile along the Atlantic const, . The Worst Feorwl. Washington. Aug. 28.--The keeper nnd life saying crew at Tarpon Hench. Tex., were "compelled to abandon their station yesterday when the violent gulf storm strack that settlon of (lie gulf cobkI. The crew rescued all thv people at the Ktutlon, transferi inn them In suif bouts to Isnhcll rial ion, where they are reported to be In dan gerous 'condition, ' Wallace L. Ileeif, keeper at Brnns life saving station, at Isabell, (onveyed this Information In a telegram to the office of the life saving service today; ' A ninsnge received from superintendent f ser vice at Galveston telegraphs that ha "fears lh worst." MOB LOOKS FOR NEGRESS; WILL PROBABLY LYNCH HER Otherwise Quiet l llclgiiiiMr In Vicin ity of Soporloii, .., Today. ' -Macon, Ga., Aug. tt, Advices from Koporton, flu., where the escaped con vict,' Hen Clark, was shot to death last evening, after he, had kllleU one man and wounded two others. Indi cate that everything is unlet today, v A posse is still searching for the wife of John. Kwlmile, a negro, who was lynched by the mob for shelter ing Clark, nml, If she Is captured It is thought she win im lynchou. THE W fcATHEH. Forecnsf until t p. m., Hundajv for Asheville nnd vicinity: Fair weather tonight;' Bunday partly .cloudy and - r. . i )-rr 3--' ( .' -k i 1 KA' X : . - n 1 k I 'i I nil . . . - ! III B I; j N!:.uf " ill I slightly cooler. ''- House of Harriman ....... i Scented hy Alert EXTREMELY TENSE -RT WIWS ROCKS Efforts Are Directed to Preventing a Recurrence ol Rioting and Bloodshed. ritlHhtirg. Aug. . 8. Redoubling their vigilance throiiKliout the strike lislrlt t 'if the rresw ivlfteel rr com pany nt Mi'Kee's litieks, I'eniiH.vlvania state troopers are Inking every pre ciiiillon to piiivent a reenrrenco of Hi. tiny .mil bloodshed. Admiledly the situation Is extremely tense. The wholesale desertions of Imported workmen yesterday and sub sentient slurlss told hv men o," ulleireil brtitnlliy uecorded them lnlde tho plant, has servo din create a decid edly unfavorable Impression and re seiit'incnt ntnong strikers and tlieir sympathisers: Tho Ireeperi deputy sheriffs, and special peHre-sre content to remain l'gl Stnrliw. Stories told In- the workmen who hove oiilt tin Ir jobs in the car plan! iir almost untielievnlile. Conditions according lo the workmen. Were prac tically unbelievable Inside the car Snup prepared from rotting vcuc. tables was served them, they rlechin by llllbv negro waiters puked - up Yon) employment agencies in the slums of I'ittslnirg. Metis 111 led with vermin were given them to sleep on. they declared while they were charged exorbitant prices, for clothing, even two cent stamps selling at four for ten cents In the car company voiumiHsary These stories were miide the subject of affidavit In the government probe Into allcKcd peonage conditions at the. car plant. ZF.Pl'IXtN I.OSTS PHOPFl.I.FU. HIT STII.L MIK riK i;F,IS l'aM l Allt'iibiirg at 3:!U p. in. Today, I'roivrdiug nt Much hlower piM-el. , Altenhurg. Germany: Aug. 28. The Zeppelin airship lost one of Its pro peitvra nesr Honneburg. It passed In r Rt S:."S this afternoon but 1 pro ceedlng ut k really reduced speed. This accident will dehiy the arrival at Iterlln. Illttertlehl, Aug. $8. The Z piwlln airship landed here easily and sue. cessfully at lu "minutes past six this cvuning. , ' 1 New Jnp. Onlwrs. ' Toklo, Aug. tH. The government made its first departure; from Its re renely ado,led prournm r,f naval cur tnllmont today when It announced that three new cruisers will be con structed for the Japanese navy. Each of theyrrulscrs will b of 6000 tons. Reporters Preparations Underway lor Something, Possibly a Surgical Operation, They Think. Arden. , N. Y Aug. 28. Evidence otitinued to aceiiiuuliite that prepa rations were under, way at the home f I'). II. Hiirrinian for some unusual event. Wind her this event was to be a surgical operation or oply n consults- ion of physicians, or whether the ap- larently HlKnllicunt happenltuts of the nst St hours have no bearing at all upon tho physical condition of the railroad magnate, Is something that it this tlmo that cannot be dennltely settled by those outside the Jlarrl man household. From a man employed at the Hnr- rliunn housu II was learned that one of the larxn rooms in the big struc ture la being made ready for occu inncy of some kind. More indirect evidence from men about the house and grounds today fulls to strengthen the Indict that the nnancier's condition is worse than It was when b arrived from Kurope. Rev. Iir. MctlulncK of the l:pleco pal church st Chester, who ipent nn Ix.ur with llsrriiiuin, said he found I In i Hi! mi much better th'in he ex pi'ion. tie wouin not .-itv anvtni , at r nt a popslble opt ration. The fact tpnt I've hi ran iters whiwe ipp.sruu e was tunikeilly profeiutlonal w nit to tin Hiiiriman house yesterday,' o-i i lcco m' .vldence that stands uncontrudieted innoi fj a host of contradictions from members of the household. The Iden- tli of these visitors Is still a mystery. Jacob Hcbirf was brought down from the Harriman bouse and caught a train for New York. He said ha had a talk with Harriman and denied that Harriman owns In such condition that an opera! bin was necessary. No oper- atinn wus contemplated, Hchllf said. e said tin Wit on the porch and talk ed with ilarrlmnn and did not consid er that he was seriously 111. . , fVli'iHl of llarriinnii Talks.' New York .Aug. 88. A close asso ciate of Ilarrlmnn in this city said to day that It was not. true that prepara tions were being made for an opera tion on Hsrrlmnn. This gentleman snid he had heard from Arden this morning and that Ilarrlmnn was "feed ing well." As to whether there Waa to be a consultation ot physlclsns to discuss the Illness of the distinguished patient, Harrlman's friend would nellhs rultlrm or deny, but he aatd he was sure no suet consultation was lieoi hhi l!lru. iiitSe The Gazette-News Contest Is a Big Thing; Big Business Pro position, It Still Calls . "Oppoptunity." KEEP TRUSTING TO LUCK: YOU'LL BE AN UNDER DOG Are You 0ns ol theWorld-Owes-Me. a-Living" Crowd ?-ThenEx. pect Little, (or That Is What You'll Cel. - -You have nften heard of people who had no chance,"' no luck, no tlma. Tbey envlned their associates' wealth ' and position, and yet never reallv tried to win one of these things for them- selves, but eoneldered that the world owed them a living. So It Is with some would-be contestants, they say they never had any luck at anything- they undertake, nnd never expect to. "ltiessed are they that expect nothing for Verily they shall not be disappoint ed." Such people do not realise they can make their own luck. Others are afraid of the other fellow and let him bluff tlieni out of the race. They say, "old John Smith has so muny votes, that 1 am sure I could Hot win over him," when perhaps but ' a few hours ork will put them' far In advance of John Smith. tin the other band it Is pleasant to know the idea of the contest expressed by a gentleman who determined to enter The nasette-Newa contest tha Oxst. ot -the wok. H did, not earn., how many votes tha other candidate . had In reserve or published, he said dint he had been thinking tha matter over and the rontest appealed to him as a gooil, business proposition; so ho decided to take the advice of the con test man and begun work at once; a little systematic work and untiring efforts for the next two or three weeks would put him on an ea.ua) footing with any of those who have been cir culating uhost stories as to the mil lions nnd millions of votes some other . fellow had. That Is merely an exam ple of gamenesa which enters In the R-encrnl make up of men who succeed where others fall. In big undertakings of the presrnt day. But that gentle mnn will not be found conducting a coupon campaign. He will have his workers In the field securing new sub scriptions, and there will be no half way measures In his work. He la tha type of a man who says what he wants, why he wants it and gets It. It used to be generally accepted cry. 'That you could not regulate the li quor traffic; you can t reftulata the rllroad:i and trusts." Firty others , things cnul.1 not be done. Thereupon the people themselves, then the gov ernment, got busy and proceeded to regulate. New York political forces aatd Hughes could not be nominated. So Just to show tho bosses that no pre judice existed the )eoplo themselves nominated him. Hughes could not stop the race track gambling In New nrk; but he did stop It, and so It is with the contest people.- A contestant gets the lda that he cannot be beaten He Is satisfied that he has enough votes to overtop any competitor, He hugs that delusion to his breast and slacks up wark and stops, when at that time he could be piling up Jotea. Sometimes a contestant stays under water a long time but when hi cornea lo the surface hie Ideas regarding his (Continued on paga I,) : . H DEIlTiliifEIIS' ! NEWMOTORTRACK Record lor Nine Hours at Brighton Beach, One Killed, Three Injured, J ' '"' J I ; "1 : .i Brighton Beach. N. TM Aug. t. The record for the first nine hours of the 34 hour automobile race on tho new motordrome tract? Is ono driver killed, one very badly Injured, another painfully burned and a policeman crippled, having had both legs smash oil. The jrecord for speed and distance was fairly well held up during the early hours of the contest, but at the end of nine hours' racing, the leading car, a Renault, wltti 481 miles to Its credit waa 24 miles behind tha record made here nearly a year a no. Fully 15.000 persons wer present when the fatal smash occurred last nlnht, which crushed the lire out of Mechanician Leonard Cole, vlio V s In Ftenrn's rnr with Irlvcr More Hum hi!f t!u,t i -r T t-e-'l t r !