North Carolina Newspapers

TH3 ACZOCIATZD - DISPATCHES LAST EDITION. 4:C0 P. It Weather forecast: Rain, Cooler. VOL. XIV. NO. 229. ASHEVILLE, N. C, TUESDAY AFTERNOON, NOVEMBER 2, 1909. 3c PER COPY DISJ THREE TIMES AS POWERFUL AS ORDINARY LOCOMOTIVES BATTLE OF BALLOTS . ' PROCEEDING MORE OR LESS QUIETLY, AT SEVERAL POINTS Av . v , IN THE CASE c IE LABOR LEADERS, AFFIRMS DECREE f mi a CT COURT 1' " "5 ' " " . 1'l. ' V- v. tl , ... Or A - " I Il ls Held That Gompers, Mor rison and Mitchell Are Guil ty of Contempt of v Court. CHIEF JUSTICE SHEPPARD GAVE DISSENTING OPINION The Chief Justice Based His Dissenting Opinion, Handed Down This Morn r ing, on Constitutional Grounds. Washington, Nov. 2. The District Court, of Appeals today affirmed the decree of the Supreme court of the District -of Columbia, adjudging Pres ident Samuel Gompers, Secretary Frank Morrison and Vice President John Mitchell, of the American Fed eration of Labor, guilty of contempt of court in the Buck Stove and Range case. Chief Justice Sheppard dissent ed from the court's opinion on con stitutional grounds. The lower court has imposed sen tences of. 12 months imprisonment in the Gompers case, nine montns in the Mitchell case, and six months in Mor rison's case, for their failure to obey the order of the court directing them to desist from placing the Buck's stove and range company of St. Louis, Mo., on their unfair list, In prosecut ing a boycott against the corpora tion. - Not In Court Iloont. None of the labor loaders were in the court room when the decision was rendered. GomDers -will make nn At tempt to appeal to the Supreme court vi inu uinieu nuiira, uuu im union toward the arreBt of the men will be taken until the matter of the Appeal Is determined.-!-.... ' i tic cirari in ins uecismn neiu mat If "an organisation of cltixens, how aver large, may disobey the mandates of the ; court, the same reasoning would render them subject to Individ ual defiance. Both are subject to law, and neither are above It If a cltiscn, though he may honestly believe that his rights have been Invaded, may elect when, and to what extent, he will obey the mandates of the court, and the requirements of the law, as Interpreted by the court, instead of pursuing the orderly course of appeal, not only the courts but the govern ment Itself would becomo powerless and society would bo reduced to a state of anarchy." EXPERTS GIVING TOMIllE Men from Department of Agriculture, Interested In Good Roads, Are Coming South. Washington, Nov. 2. Experts, from the department of agricultures will visit various places in the, south to obtain data regarding methods of building and maintaining roads. These will Include Charlottesville, Amherst, and Lynchburg, Va,; Greensboro, Salisbury, Charlotte and Ashevlllo, N. C; Scottsvllle. Decatur, Birmingham, Montgomery, Gadsden, Troy and Mo bile, Ala. A GIRL'S SCHOOL . - i WILL HI 10 CLOSE Students of the School at La Grange, Ga., Effected by a Strange Epide mic of Sickness. Lagrange, Oa., Nov.' ). Fallowing the strange epidemic of sickness which developed last week In the student body of the Lagrange Female college with an attendance of more than .two hundred, the board of trus tees bedded to close the Instltulon for three weeks. Besides the many girls In the school who were stlcknn, almost all or the pthers loft for their homes. In a statement Issued tonight by the board of trustees It Is stated that "It Is Impossible to say what the cause of the sickness was, whether general or local." They announce that very precaution will be taken In the matter of sanitation, fumigation, and Improvement wf thf hygienic, con ditions of the college. : , , Five local physlrtans Issued a sign ed statement In which they' declare that there U no further danger from the cause w hich resulted In the Illness and saying that reports sent out (-. -v-v . -nitcd the conditions at THE U. S. COURT ClIENED TODAY Not Only the Court Room, but the Cor ridors Were Well Filled at Times. MR. GUDGER ADDMITTED TO PRACTICE IN FEDERAL COURT There Arc Now Fewer Vlolutlon or the Itrvrutic Lawn, In Hie Oiiiloii of Judge Boyd. The November term of the United States District court convened this morning, with the court room crowd ed with spot-tutors and the corridors at times fairly well lilled. Men were there from all parts of western North Carolina, some as defendants and witnesses in eases, some as jurors, and some as mere spectators. There were men of all ages, as well as some small children. After the selection of the grand Jury and the delivery of the charge by James K. Boyd, tho court proceed ed with business. Owen Oudger, of the firm of llaynes & (ludger, was upon motion of Walter E. Moore, of Jackson county admitted to practice in the Federal court. Tho following men were selected on tho grand Jury: Thomas J. Murray of Madison, Mr. Gardner of Yancey, S. Tt B. Gibson of Swain, T. F. Fran els of Haywood, Marshall Messer of Haywood, M. U Mauney of Cherokee, B. A. Merrill of Henderson, 11. H. Dills of Macon. Robert G. Sales of Buncombe, Enoch Hector of Madison, WUl It. White of Madison, Joshua P. Gtbhs of Yancey, James Nichols .of Swain, Andy Arrowood of Buncombe, II. A. Whiltlngton of Yancey, W. A. Vehorne-of Bumumlie, J. M. Heeves of Madison, Dan Hunter of Yancey. Jim Morgan of Morgan's Hill was sworn In to take charge of tho grand jury. In charging the grand jury Judge Boyd took occasion, to remark that the people of western North Carolina wero showing greater reverence for the revenue laws, than when he was district attorney, there were times whn there was 1000 cases on the docket for illicit distilling; that now there was comparatively few cases. He attributed this to two causes: llrst. the people bad recognized that the United States had a right to tax wh Id key and tobacco, that these products could better bear taxation than other products; and second, that they had come to recognize the authority of the United States; people had come among the mountains, and the old original mountaineers hud come to realize that lawlessness was a great detriment to their country and them selves. He called the grand Jury" sat tentlon to the anti-trust laws, and the unlawful combination of people to shut out competition and raise the price of goods. He explained that this did not apply to all combinations of capital, that In many enterprises It wns necessary to have combinations, and In case of railways, subscriptions of stock by bonds, and county aid. He emphasized the law requiring all Interstate railways to feed and wa ter cattle shipped, and after they had been on the road for 28 hours, to un load them, feed and care for them and give Hve hours rest, unless the cars were soi provided that food could be provided In them. The United States jiostal laws, tampering with the malls, etc., and the practice of counterfeiting and passing counterfeit coins received at tentlon trim the court. Particularly strong were the Judge's remarks regarding perjury, which he declared was a more dangerous of fense than highway robbery. He em phasized the fact that the enforce ment of all laws depends upon the good rltlxensi a citizen who lives for self was not fulfilling the purpose of nrnntlnn. After hearing motions to continue cases .upon good behavior, tho case aimlnat Fred Jacobs. of Macon county a hoy apparently still in his teens, charged with tampering wun a United States It. F. D. mall box In Mirnn conuty was called. The Jury In the Jacobs case just before adlournment tor me noon recess returned a verdict of "not gull- tv " ' With the reconvening of court this afternoon the case against jonn iioi- iml churned with breaking or ois turbing a R. F. D. mall box was taken iti Robert Christian, under Indictment for peonage, alleged to have been nnnianiiteeri during the construction of te Franklin and Tallullah Falls railroad in Macon county, arrived this afternoon, and Diajrlet Attorney Hel ton stated this afternoon that the case would probably he called late today or tomorrow. Tfow York Markets Closed. Ths New York stock and cotton markets wers closed today on account of ths election. THE W RATHER. 1 Forecast until ( p. m., Wednesday, for Ashevllle and vicinity: Fair weath er tonight and Wednesday, With de creasing temperature. f r CHASSIS or tWCWirc LOCO- MOTIVTC NO. S9B, TO MS VSKt "Pennsylvania Type" Electric Locomo tives, That Are to Be Used on ' tho A.& E.T. Railway SPEED, 100 MILES AN HOUR, IS AMONG THE POSSIBILITIES No. 3UH of the Pcnnsyhnnia System Has Been Finished and Toted, and Muilc n:t .Miles mid Hour. The people of Buncombe county anil Ashevlllo uro ' manifesting considera ble Interest in the proposed exten sion of the Aslieyllle & KiinI Tciiiiim see railroad's line from W'ciiverville to I lata x. where connection will be made with the C r o ami peti, uiMio nni ii.'iu , ii i-it id i, -ii in nil Jiailn of the county asking the board ! county commissioners to call tin elec tion to authorlSe the Issuance of bonds to aid In the construction of this road a connecting link which thinking people agree would be of vast Importance to the dc cliipnient of Ashevllle, Buncomhe county, and Indirectly the wholo of w.stcrn North Carolina. Should the road be built through to Galax, it Is planned to equip it with large electric locomo. times of the Pennsylvania type, sim ilar to the ones now being placed in use by the Pennsylvania, railroad on part of its system. The followini; ar ticle from the New York Sun of Fri day gives some Idea of the kind of lo comotives planned to he used on this road to connect with the l ('. ,v (.).: "The first of the electric locomo tives to lie used In the New York tunnel extension of the Pennsylvania railroad arrived at lng Island 'lty yesterday. It was brought to New York from the Pennsylvania Hall- road's Altoona shops for the purpose of making tests over the clectrilled lines of the Long Island railroad. "When work was llrst started on the Pennsylvania tunnels and station the engineers of the railroad compn- (Contluued on page 1.) IWFEJM CHILD He Chops off Their Heads, Then Com mits Suicide. Shooting Himself. - Pottsvllle, Pa., Nov. 2. One of the worst tragedies that ever shocked this Country occurred ut Pine Grove, near here, last night when Daniel Sehoke. a butcher of this, place, cut off the hands of his wife and 12 years old daughter and then committed Snl cldo by shooting himself. The ghastly discovery was made today when neighbors found Schoke lying on the llrst lloor and the bodies of his wife and dr.ughtcr In a bed on the second floor. ARMY AND NAVY GAME WILL IT BE PLAYED On Account of the Death of Cadet Byrne from Injuries In Harvard Game. Washington, Nov.. 2. The gr-at an nual football contest between the West Point cadets and Annapolis midshipmen, which was to have taken place at Philadelphia Novemlier 27. wU not be played this year, owing to the death of Cadet Ftigene A. Byrne, from. Injuries received Saturday, In the game with Harvard. ; Myrtle Given Military Funeral. West Point, N. Y., Nov., 2. Cadet Byrne was given a military burial In the Academy cemetery today. Tkx -lured L'noonnUtHUonttl. Jackson, Miss., Nov. 2. Because np provision Is made for the sducatlon of negro children the law for me es tabltshment of county agricultural high schools was declared unconati tutional by the state Supreme court today. The law specifically states that schools are to be for "white youths. RUTCHERMURUFRS "'- " '1 : - J TO SEND REPORT TO THE PRESIDENT Cuslom Hou$e $M ing Very Soon in Wash Ington. New York, Nov. The New York ciimIcoii house scanil:. I will ! laid I.. - fore President Tail when he returns to Washington, by Sn r. tary of tin Treasury MncVengh ami Attorney General WicUcrshitv. . The news was received hero thai Ihe whole situa tion would be ir -cl-ir to the pri !--Ident by Ills advi. It Is uiulcisl.id horn thai president Tsfl will have ihe advantage uf going over rcport.i made by special agents of the treasury mid of the depart merit of Justice, ciiM ilng not onlj the wide spread operations of the (.-raft ring In the customs M tvlce, but the situation that has arisen through Collector lieb's policy of retaining c.nl. h.m-.I criminals in the service. It is tinted tli. t Attorney General Wlckershuni Is particularly Interi.-i- ed In this phase Hubert J. Trai l i policy. Men l iml that I ouiplroller i ell Is opposed to Ihe! Know how much disturbance Collector Wieli's attitude has caused in Washington heard to day that a Hij cabinet meeting In all probability would lie held to thrash out the customs slliiatlon. Hundred Ciex-s for t.raml Jury. The Federal authorities have evi dence lii more ilmn 100 cases of graft Ing to lav i.cfore the i'niled Stale grand Inn In this city tins week. It was said that the evidence concerns nt h- i. i a dozen linns of im porters, mill ii .10 In 4U customs of- llrlals. lieorge F. Limit, tho special agent of the treasury, who has investigated the workings of the customs frauds, not only ut this port but abroad, Is understood to have In bis possession affidavits that d.-scrlhe how the gov ernment was robbed, for years b, false weight-! in sugar, hides. pig Iron, groceries ami other commodities on which did. was ascertained by weighing on Hie docks. Through all lliese cases that are now under preparation by rolled States IMatrh-t Allorney Wise. Mr. Ijinih Hld the treasury's special einlti- sel runs the ci rialn trail of an organ- iitod system of thievery. The grand Jury, II wiih said today, would be ask ed to follow the trucks of the system from the end on Iho dia ks to the end In the custom house. The evidence Indicates thut the heads of the sys tem were Important officials, who had access to the records and pull enough lo throw dust In tho eyes of suspi cious collcgues. It casts light on the whole operation of the ring, from the Interesting nctlvltles of the big grafters to, the humdrum stealing of the $4 a day cheaters on the docks. There was a strong Intimation todav that one or two of the big crooks had a promise of Immunity from prose cution and contiauaiico In office If they would show up their own ring to the grand Jury. ' Collusion ltd iv ecu Division. It la understood that the special agents have evidence In 10 'J rases that show collusion between the va rious branches of the service, an In telligent comprehension of the needs of the system displayed bv otlicials In related divisions. The consular In- j voices that played so Important a part In weighing frauds were received in the entry, department of the collec tor's ofTtre, Somebody In the deputy surveyer's office got a flash at them quick, then passed the word nut to the dock thieves as to what their dock thieves us lo what their dock book entries must be. The special agents know the name of at least one man who collected graft from tho little crooks and pass ed It along up ths line, IVites, places and amounts are known. It Is under stood that this man will lie taken he fore the grand Jury and questioned concerning who got the final rake-off. It Is said that this man may testify concerning' customs officials who ret eclved cosh straight from Importers. MONEY T A Young Chicago Couple Made an Un successful Attempt to Take Their Own Lives. Chicago. Nov. 1 -John llollls. 22 years old, ami his wife, .May, 17 years old. who came to this city two months ago from New Vork, drank carbolic acid in a vein attempt to kill them selves because they had no money. Probably because embolic acid trouper than :;:l per cent, cannot be old in Illinois except pn Inscrip tion, both are recovering at St. Luke's li.i -i.il il. Ilolhs and his wife agreed to end their lives after weeks of fruitless search for emnlo incut. "We have 4D cents between us and starvation," Mollis said to his wife last nlKlit when they went to their room at p. hotel "We owe for tills room, and will be thrown out probably to. norrow. "Here I am sh it and hungry, and you are tired and worn out, cm ,,,, vi -r and end It nil." Let us Young Wire's Slory. Mrs Mollis lold the slory last night, when she pertly recovered from the poison "I told Jack that he must lint talk that wa." she said, "been use it was , wrong and I was nlrald to die. But lie pleaded with me and pictured our de-pair so rort-lhlv thai dually I threw in; arms around hit neck and agreed that .hath was hitter than starva tion.'' She rilal d how she went with him to a store, where Ihey purchased some oranges and a buttle of carbolic acid ; with LI cents. They returned to their room. Aft' r eating the nrnnc.es, llollls po-ired acid into two small bottle, one 1 of whic h he handed to Ills wife, while ! he retained Ihe other, i Her -Screams Bring Aid. j Mrs. Mollis savs they bade each j other a last fond farewell and then 'raised Ihe bottle to their lips. Both i drank the oolson at the Maine time. I Mrs. Mollis screamed when tho acid ! burned her mouth, and her erics I brought attaches of the hotel, who ! had the young pair removed to the j hospital. Poth are ornlmns. Mollis was born In Unburn. Mass, and his wife is a native of Springlleld. Mass. When as sured last night that they would re cover, both expressed pleasure and regretted their attempt to end their lives. DEATH BLOW OF DOMESTIC LIFE 1 That Is What Cardinal Gibbons Says That Woman Suffrage Would Mean. New Tork. Nov. 2. In a letter to the national league for the civic Ju cation of women, an antl-suffragette organisation. Cardinal illhhnna says: "I am most heartily in sympathy with the aim of your league, and I approve most strongly the stand It hss taken in opposition to women suffrage which. If realised, would lie the death blow of domestic life and happiness." MoHht and Four Children Burned to Death. Pittsburgh Nor. 2. Mrs. William Marlow and four children were burn ed to death today, when a fir caused by tha upsetting of an oil Ismp d er st royed the Marlow horns in ths su burbs. Marlow and his tow sons were ut work In a nearby coal mine at the time. , SOUGH DEATH T TAKESTHE STIlflD Defendant Was the First Witness Called - by the Defense This Morning. BRIGMAN IS SUBJECTED TO A SEVERE CROSS-EXAMINATION lit- Tells How Ho hilled Ilia 1'nclo, mid Then Walked Away, Not Know ing Whether He Was Dead. With a drawn nnd pain-marked face; with piercing black eyes; a heavy moustache; a deformed body, but withal a line head and manifestly i quick brain, rirant Brigman, In Su perior court this morning, was called to the witness stand to testify in his own behalf; to tell the court nnd the Jury Just how he came lo kill his un cle, John Brigman, on Big Ivy, early on the morning of May 17, J 909. The defendant at the liar was the lirst witness called by the defense. Mr. Ilrlgman went to the stand with out a tremor: he was apparently ready for tho ordeal; he told his Bto ry; he submitted to a rigid cross-examination at tho hands of Judge Thus. A. Jones and left the Bland ev idently feeling that he had acquitted himself well. Mr. Hrlgman told of the lumber dispute between bis uncle, John Brlg5 inan, and himself; how he hhd warn ed his uncle not to move the lumber until witness had been paid; how John itiigman had gone to the lum ber pile early that fateful morning; how witness had taken his shotgun to defend himself, and gone to the lumber pile to forbid his uncle taking the lumber; how he had stopped within 15 feet of the lumber pile; told his uncle not to take that lum ber; that John Brigman alraighteneed up: threw bis right band to his nip pocket; that witness thought he saw the butt of a pistol; how he thought ills uncht was going to draw and shoot and that witness raised his gun and tired: that he shot to kill; that he thought his life was In danger. Witness admitted on cross-examination that John Brigman was a leffi handed man. Ho admitted further that utter tiring at John Brigman he didn't slop to see whether or not he had killed his unule; that he "broke" his gun, slipped In a fresh cartridge and turned, walking up the creek, and went away. The witness said that he didn't feel kindly toward his uncle; that tho way his uncle was do ing about the lumber worried wit ness and made him angry; that he 00k his gun nn that early May mnrn ng for the purpose of protection; that he had been told that John Brig man and his Isiys were going to take (Continued on pace T) OF MISSISSIPPI FOLKS The President in an Unusually Happy Vein-Greeted by Large Crowd. Ditranl. Miss.. Oct. 2. Taft arrived here at 3:6!i o'clock and nt fi:3& a. m. left for West Point and Columbus Mlsr. The Journey here was without Incident. At West Point. West Point, Miss.. Nov. 2. Presi dent Tsft arrived here shortly before 11 o'clock. An Immense crowd greeted the president here. School children. Confederate veterans and state militia made up a large part of the assem blage. Mr. Taft, In an unusually hap py vein, said he was gratined to see a large number of ladles present. "I sm glad I came to Mississippi." said the president, "whose hospitality is not exceeded by any section or this great country." The president dwelt upon returning good fellowship of all sections of the nation and promised to do all In his power to further this friendship. At Columbus. Columbus, Miss.. Nov. 2. The pres ident received u Joyous welcome when he arrived here shortly before noon to visit the homo of Secretary of War tUcklnson. . Mr. Taft had a reception at the old home of General Stephen I). liOe. In his midnight speech at Jack son last night Mr. Taft said among other things: "One of your great heroes of Mis sissippi hi Jefferson Davis sid I am glad that the administration In Wash ington has wiped out the evidence of that extreme partisan bitterness on Cabin John bridge, and that his name Is restored there as secretary of war. I am glad because I know and can testify from my experience In the south that the same Joy that they ex perienced at that act on the part of the administration la the Joy of a common country and loyalty to a common flag."- 6 In New York the Workers Were Bu$y at an Early Hour and the Weather ; Is Clear. USUAL THEFT OF BILLOTS IN SOME KENTUCKY PRECINTS The House Where Ballots Were Kept in Crocketsville Precint Wat Burned The Democrats Seize Ballots. 4 f 4 "I1 "I "I I,,I,I-'IIfi,JJ JJ,J! Nw York, Nov. 2. Nearly three-quarters of the regis tered voto In New York's trl- A , angular mayoralty election 4 had been cast by 2 o'clock 4 this afternoon. The managers of the campaign aaid It had f b been one of tho quietest elec- Ja tlona In this city In history. 4 and one In which few Illegal v6tes had been cast. The weather was cloudy. Over a ) 4 score of arrests were made for J Illegal voting. Th police re- JL , ported no trouble. Cloudy and ! 4 threatening weather through- trvut New York state, together 4- . with tho fact that no state 4. officers were being chosen, . 4 kept the voting to normal 4 4 proportions, or less. 4 New York, Nov. 2. Voting began at o'clock and proceeded quietly in tho early hours, the weather being clear. The managers of the various mayoralty candidates alt confidently predict victory. There was little bet ting, as the leaders learned that par ty lines had been shattered : In the . three-cornered campaign. Ciaynor waa the favorite today at 2 to 1. There was much splitting of ' tickets. Robert Taft, the son of President Taft, came down from New Haven wh everal classmates of Yale to do duty as a republican watcher,- In a little store in Third avenue. The news that young Taft would be at the polling place brought out - such a crowd there that It was decided that Taft would not act as a watcher. The police were called to disperse the crowd. Jackson, Ky., Nov. 2 Reports from Croekettsville and - Sebantlans Branch this morning were that two attempts, one successful, had been made to steal the ballots from the - Croekettsville precinct at the mouth of lying's Creek. The home of Mary Dealln. who held the ballots for that precinct wns destroyed by fire, and the ballots were burned. At the Se bastian's Branch precinct the demo crats are reported to have seised the ballots this morning and hidden them. The telephone wires between Jack son and Croekettsville were cut this morning, but the situation at Jackson at present Is peaceful. The most reli able report from the Dealln home, which Is 22 miles away, la that Mrs. Dealln was feeding the Iexlngton sol diers under Captain Bams, when the tire occurred. The ballots were reported burned and fresh ones were furnished from Jackson. These are the ballots which an armed rrowd of men threatened to take from the Jackson bank last week, and which were finally given to Mary Dealln by Judge Adams for safe keep ing. Croekettsville Is the home of Ed. Calahan, the noted feudist, and the gathering place of the war-like Breathitt county clans. Is the chief point of Interest In the political war, and everyone Is wondering what will happen there today, In Maryland. Baltimore. Md.. Nov. 2. The chief Issue 'of the election In Maryland la the proposed amendment to the state constitution, designed to disfranchise the negroes. The Incoming legislature will elect a United States senator. If democratic, there la no question about the return of Senator Itayner. The weather Is cloudy and mild. In Ohlcx Cincinnati. Nov. 2.- In practically every city and vlllago In Ohio the polls (Continued wo page 41 KILLS WIFE'S FIITHEB. ALSO PRDEJ.ELY HER i Frank Miller, i Manhattan Man, on Murderous Rampage Is Arrested. New Tork. Nov. 2. Frank Miller of Manhattan today shot and killed his father-ln-law. John 80 earn. In the yard of the letter's house In Pr'i Brooklyn, and then shot snd pral 1 fatally wounded his wife, Am-lin : ler. .Miller wis err- - ' !', ITi ' !