Tin: ASSOCIATED DI3PATCHT3 Ezetie LAST EDITION.' 4:00 P. II. Weather Forecast' : . : Showers; Colder, t VOL. XIV. NO. 252. ASHEVILLE, N. ft, MONDAY AFTERNOON, NOVEMBER 29, 1909. 3c PER COPY SEIITILlEKil IllUliih Made a Good Haul in Cash, but Gave It up When He Had Looked Upon Sleep Ing Babies. s- "GIVE 'EM THIS MONEY" HE SAID TO THE PARENTS He Had Threatened to Kill the, Man, Taken His Money and That in the Purse of the Man's ' Wife. Chicago. Nov. 29. The Influence of sleeping children cauned a burglar this morning to return to Adolph Huber the money he obtained at the point of a revolver: '" - ' Huber awakened from sleep, by the burglar, surrendered hla money after a threat hBd been' made to kill him. The burglar ransacked Huber'B gar ments, then took all the money In Mrs. Huber's pure. Next he went into a room where Huber's two babies were sleeping, and tiptoeing out gave the money back to the astonished parents. As he did so he remarked: "Those are great kids. I haven't got much coin but you give them this for me." Bowing gracefully the burglar left the house and escaped. The police are searching for him. IS STRANDED OFF II The German Steamer, Brewster, in Trouble, but She Is Likely to . Be Floated!" , i Beaufort, N. C, Nov. 29. German steamer, Brewster, with a cargo from Jamaica and Cuban ports, for New York, Is stranded aground In a dan gerous position off the Diamond Shoals lightship, south of Cape Hatteras. The steamer is in a precarious position, in fourteen feet of water. A wrecking outfit was ordered out from Norfolk tor render aid to the stranded steamer. The Brewster's crow was taken off the steamer by the government lightship. Hie Sea Smooth. Norfolk, ,Va., Nov. 29. The weather bureau observer at Hatteras says the prospects are good for floating the Brewster, If assistance reaches her quickly. During the forenoon tho sea was smooth on the Diamond shoals, the wind blowing fourteen miles an hour from the northwest This Is favorable to the stranded steamer. , Revenue Cutter's Aid. Washington, Nov. 29. The revenue cutter, Onondaga, at Norfolk, and the Seminole, at Wilmington, have been dispatched to the assistance of the Brewster. OF THE COMMERCE ACT President, Witkersham, Cummins and (Elklns in Conference on the Subject Washington. Nov. 19. A confer once on the amendment to be propos ed by . President Taft to the interstate commerce, act waa held today at the White House. Attorney General Wick ershaw, Senator Cummins and Sena tor Elkins were at the conference. The. president has his mind set upon accomplishing something In connec tion with the alteration of this law, While his policy is not to Interfere with the work of congress, he will use every reasonable Influence to make the laws governing transport tlon stronger In their control over railroads and tn benefit to the ship ping public and the masses. TWO IB SHOT, 0!1E ; KILLED jnTRaBSaGE Man Who Did the Shooting Surrenders to the Police and Issues, i Statement Dalton, Qa., Nov. St. After klllln William Walls and probably fatally hooting Hal Holland, while return lng from a dance, Pickett Collum sur rendered to the police and waa placed in the county Jail yesterday. , Collum declare the trouble grew nut of a misunderstanding of hla in. vKhiIcpii of a young woman, whom asked to dnrec with him. DIAMOND I MADAME BERNHARDT AGAIN SCORES A GREAT SUCCESS "Ijo Proccs ilo Jcunile d'Arc" In Paris Prove Another Trl- - uniplinnt Production. Paris, Nov, 29. Men come and men go, but Mme. Sarah 'Tiomhurdt goes on. Shu has added another to her many stage, triumphs In "Le Pror'es ill Jeanne d'Arc," Madame is now ap proaching the age of three score yours and ten. and in a juvenile role, either masculine or feminine, can sway the Paris populace ns few others have ever done. SEEJPRESIDENT hey Discuss With Him ,the Subject of Issuing Injunctions and Other Matters. Washington, Novi 29.? Recommen dations 'looking toward the improve ment of conditions of laboring men, which it is desired for the president to Incorporate In his annual messuage to congress were urged upon President Taft today by a delegation of labor leaders, headed by Samuel Gompers, president of the. American Federation of Labor. . Mr, Gompers submitted a number of matters, including the issuance of in unctions by Federal Judges, particu larly as they apply to personal liberty and their use in the settlement of dis putes between employers and em ployees. The exemption of labor or ganizations from certain provision of the Sherman anti-trust act, was dis cussed. The president hag practically de cided that his message to congress will make no detailed recommenda tions regarding tho Sherman act. . His decision Is based upon tho fact that there are pending In the Supreme court, und on their way to the highest tribunal, a number of Important cases Involving the Interpretation of thnt act,, and he feels, it Is said, that spe cific recommendations from him at this tlmo might be construed as an attempt to influence the court In some manner. The amendment to the eight hour law, so as to extend its provision to contractors for tho duty of enforcing the child labor labor law In the Dis trict of Columbia, were other subjects taken up at the conference. MARRIED BY THE COFFIN Last Wish of "Father of the American Derby" Is Carried out by His Daughter.' Chicago, Nov, 29.-(Handing by the coffin containing; the body of her father, James Howard, formerly one of the bent known horsemen In the United States, Minn Juanlta C. Howard todny married Irving Herrlott, an at torney. " -' The lust wish of Howard, who was fatally Injured by an automobile hint week, waa that hla daughter Bhould bo married In hla-presence. Before a llcenso could be obtained Howard, known at "the father of the American derbv .' became unconscious. He died In that condition. . Miss Howard and her affianced hus band atood beside the Opn casket and were joined In matrimony. Rev. J. W. Nicely1! who later officiated at the funeral, read the marriage lines. The Steamer Jamestown Hold. Waahlngton, Nov. 29. The sxcur- Ion ateamer Jamestown, many year In aervlce on the Potomac river, hai been aold by the Norfolk A Waahlng ton steamboat company to the Argen tine Navigation company. Hhe la now being repaired at Newport Newa for her 6000-mile voysgu. Nine Men Adrift. Washington, Nov. 29. Since the receipt of the announcement that nine men off the gunboat ' Marietta, at Port tdmon, Costa Rloo, were adrift In the Glgan whaleboat, belonging to that vessel, no further advices have as yet reached the navy .department. The men have been missing since Wday night. . , ' LABOR I FADFRS 1 m PT Argues That Within the Law He Has Suffered Death Penal ty and Should Be Set Free. CONSTITUTIONAL' RIGHT INVADED, HE DECLARES Patrick Appears in Court for the Twenty-Fourth Time in an Effort to Regain His Freedom. New York, Nov. 29. Albert T. Patrick, whose sentence of dentil for the iJlurrter of William Marsh Hlce wua Commuted tci life Imprisonment at Slit Sing, appeared today before tho Upollnte dlvlKion of the Supreme court In P.rooklyn, to argue thnt, with in the law, he has already suffered death, and thus has paid his debt to the state in full, und should be set free. Patrick contends that solitary con finement preeeedlng electrocution has been held by tho United States Su preme court to be a part of tho pen alty decreed In the death sentence. He served that time In full, and now makes tho point that when the Court of Appeals rc-afflrmed the decision of the court of conviction and set a new ditto for tho execution It trans gressed his constitutional right in or dering him to serve another period of solitary confinement, thereby dupli cating a punishment he had already suffered. Failure of the warden to electro cute. In compliance with the first or der of the court, argues Patrick, con stitutes an uct of non-feasance. Chronology of tho Patrick Case. For the twenty-fourth time Alfred T. Patrick, who was convicted of tho murder of William Marsh Hlce, tho aged Texas millionaire, appears In court In Brooklyn today In an effort to regain hla freedom. The follow ing 1 a chronological" history ot the Patrluk ciibp, which la regarded ns the most remarkable of its kind In Amcr ienn court annals. September' 29, 1900 'William Mnrsh Itlee died In his apartment in New York city. 1 October 3. 1900 A. T. Patrick, nice's lawyer, and Charles F. Jones, Hire's valet, arrester for forgery. February 27, 1901 Jones confess ed that he murdered Rice ot tho In stigation of Patrick. January 20, 1902 Patricks first trial begun. March 26, 1902 Patrick convicted of murder in the first degree. April 7, 1902 Put In death house at Sing Sing. March 3. 1903 Petition for new trial denied. May 20. 1904 Argument on appeal to court of appeals postponed for sec ond time. jnni. . 1905 Court refused new trial. June 15. 1900 Patrick's execution set for August 7. July 24, 1905 Stay granted pend ing appeal for re-argumenti October 27, 1905 Appeal for re argument denied. December 6, 1905 Pntrlck sentenc ed to death for the third time. July 11, 1906 Application for new trial denied. August 10, 1908 Appeal taken to United States Supreme court. September 2, 1908 Petition ror tun pardon made to Governor Higglns. December 20, 1906 Governor com muted Patrick's sentence to life Im prisonment. Junn 13. 1908 Application made for write of habeas corpus. June ' IS. 1908 Federal Circuit court denied writ., August , 1908 Appeal taken from the decision of the Federal Circuit court , . October 18, 1908 Motion made for appeal to United Stat.fi Supreme court on the matter of habeas corpus. November 16, 1908 Supreme court refused to take Jurisdiction In the appeal or to grant the application for Patrick to appear In Washington to artrna hla own case. February 2, 1909 Justice Oaynnr of New York Supreme court granted nf habeas corpus, citing Patrick to appear In court on his claim that .mi,.ti,m la worse than death ....,.it March 1, 1909 Patrick appeared In the Appellate division In Brooklyn to srgue for his release. -..,., r. 11D9 ADPeared In Brook- ivn again and was given two weeks a nnar brief. 1 Juno 4. 1909 Application for writ of habeas corpus denied by the Ap pellate division of the Supreme court In Rrookiyn. Mv.mhp 18. 1909 Granted an other writ of habeas corpus citing him to appear In the Appellate division In Brooklyn to argue for his release. Nnvnmher 29. 1909 Taken from Ring Sing prison to the Brooklyn .,.. i.i rnit once more on the question of whether he has been le- gaily committed or oeiaineu. Keel Plate laid. tendon. Nov. , Keel plates of ii,. monster wsrshlps Orion, the Im proved dreadnaught battleship, and the Lion, the cruiser battleship, were laid today at Devenport Arrange ments were made for their completion within tw years. T Supreme jConrt Hands Down Opinion In a Cause That Dates Back to War of ; the States. COURTS OF LOUISIANA OVER-RULED IN THE CASE New Orleans Must Levy Tax and Col led $125,075 to Pay Luis ' A. Hubert as Re ceiver. Washington, Nov. nil. The IjuIs A. Hubert against the case city of New Orleans, involving a claim by Hu bert of-$12R,07S, as recover of tho old Metropolitan board, of reconstruc tion days, following the civil war. In decided by the Supreme Court of the United States todny favorably to Hu bert. The- derision of the Supreme court of Louisiana being reversed. Hubert asked for a writ of mandamus compelling tho oily to levy a special tnx for collection of money with which to pay n Judgment for the amount Involved.- Th opinion of the court de livered by Justice Day held thnt second levy could und should be made to iay the Indebtedness of the ol hoard, as to fall to do so would bo n violation of contract. Terminal Charges Case. The Supreme court aluo today af firmed the decision nf the United States Circuit court for the district of Minnesota, restraining the "enforce ment of the Interstate commerce com mission order reducing from two dol lars to one dollar per ear terminal charges on live stock on railroads en tering Chicago. Alien Contract ot I he ! Coiistrncd. That the government of the United States may through crlmlnnl' proceed ing punish persons who conspire to aid alien contract laborers to come Into United Htute. contrary to the lin : migration law waa held by the Su preme Court today In the prosecution of Tlldeti 1 Stevenson and Ameile Uellnlre. The men reside in Boston and were Indicted on the charge of (ilillng in the Immigration of aliens, win were under contract to labor In tiil! country. Upon trial the court found that while the law made a misdemeanor of offense, it did not provide for punish ment except for damages through civil suit. Holding that a civil action would be exclusive of nnv other nroeeediiiB the court dismissed the case. The government appealed to the Supreme court with the result that it succeeded in ootuining n reversal of tho lower court's decision EIT II LIST Rumors That Zelaya Will Flee and That Anarchy May Be the Result Washington, Nov. !. The United States consulate at Managua has been threatened by Zelaya and has been granted permission to occupy the le gation premises; ( The Nlcuraguim congress assemble Wednesday. It Is rumored th.it Zelaya will retire und possibly attempt ti escape from the country at night by the Pacific enasl. Anarchy may ensue. Persistent' ru mors Indicate that Irlos may succeed Kelnya as president. This informa tion la embodied In delayed telegrams received at tho state department from the consulate representative. . False, Kays Mcaragnan Ijeguilou. Washington, Nov. IS. The Nlcar- nguan legation Issues a denial that President SSelaya Is about to leave Nicaragua, as a result of the revolu tion he faces. The legation asserts that reports as to Zolays's leaving are absolutely false. !l DROWNS IN CAPJFEAR RIVEfl Alvis A. Pleasants Uses His Life and H. Maynard Has a Narrow Escape. Durham, Nov, !, While rowing yesterday on tho Cape Hear river, Al vis A. Pleasants of Durham was drowned, and Hubert Maynard nar rowly escaped a similar fate. The young men, who are, In f harge of the Navassa factory of the Virginia-Carolina Chemical . company, were near ths factory when the boat captised, THE WKATHX31 . Koreoosta until S p. m. Tuesdsy, for Ashevllls and vicinity: Partly Cloudy and rolder weather, with showers to night or Tuesday. , , . BAGGER S RECALLED EXPLORER NERVES He Has Not Gone to Europe at All, But Is in Hiding, and No One Is Allowed to See Him Thinks There Is a Plot to Steal His Records, and That He Is Being Shadowed. New York, Nov. 29. brother of Frederick A -w. i,. Cook, Cook, iSSIICK the following statement: "Dr. Cook is in the vicinity or New York trying to get a much needed reft. If he derlile.M to go to Kurope there will lie no seereev concerning Hv Jepmturr. I thin!: that his friends an l critl s alil.e sho.:II be charitable rnrei.-h to allow him lo lest until his health Is fully restored, lie has not l cen reading the newspapers In the last few days and Is not responsible for the statements that have been is- ! sued by those who were acting as bis ; spokesman. "In spending his data to Copen j hagen. Dr. Cook has fullilled his ohll . gallons to the public." " The foregoing whs Issued by the ! explorer's brother In view of the fact I thai the doctor's apparent seclusion nf: caused great anxiety among bis friends leaving even John It. Brail ley, his financial hacker, puz.h d ami exasperated. Mrs. Cook is also in New i oi k, nut tier exact whereabouts, as in her husband's case, lias not been announced. menus ol ir. Cook, who was grieved over the turn his affairs have taken of late, undertook to explain the situation today in this wise: "It Is true." they say, "that die dot tor's fears have been greully workei on tho reports of some of those with whom he was associated that there ilSECRETARY WILSON ! He Today Passed Cabinet Service Mark Set by Gallatin of Penn sylvania. Washington, D. C, Nov. J. Secro BEAKS tury Wilson, the head uf the depart-i IniUBlt yut u Un force of pollco re men t ..f agriculture todtiv broTe M i "erves "lasf iiiglit, U .'uel a disturb .,.,, . ,. ', ... i nine among sixty foreigners, who were records for length of service l the , Mll,,(vlll , , llllnilce to cabinet. Until today the record for j their homes to r. icue valuables, length of service' us cabinet minister i M.tny men were injured In the melee, wt-i held by Albert tlallntin of l'cnn-i ""' woman threw her UiHiiit out of a , , . , , , .. i window and several inmates ot the sylvania. who was secretary of lb- , , , ,, ,. ., . , i burning buildings narrowlv escaped treasury in President Jefferson's lit st j ,,.,lt,. Three score or the people were administration and who served In that . rendered homeless by the Humes. I ollii-e fur twelve years, eight months and twenty dnvs. Hecr tary Wilson wan appointed by President McKlnley I " Mnrch , lx7. and, having served 'continuously ever since, today sur- I pnssed the record of Albert (iallutin. The department of agriculture Is a comparatively new branch of the gov ernment service anil Mr, Wilson Is but the third men to hold tin position of secretary of that department. Ill" predecessors, Jerry ItusK, and Sterling Morton were both good men, but It re- j pilred a builder und organiser like i Wilson to carry along the work of the department to the point where the up- plication of science and organized ! methods to farming could produce great benefit to the tiller of the soil. j Mr. Wilson Is now seventy-four I y ill's of age, but be does not look It. He Is more than six feet tall, Is power- j fully built, tins n pair ot keen gray I eyes that follow closely every word or j every narrative, that comes to him I while he Is pitting In authority at hN: disk in the department. Ilo yields; Utile to the dictates of fashion in thei matter of dress, confining himself to the garb of s.iber tint?, but Ills Ini- i maculate linen, set off with a dark tie, suggests the man, who is as unfailingly I regular In Ills habits of dress as Inl everything else thnt toncerns lilni. j The secretary, on his way to the long service record, has figured In public life before he came into his present tilllce. He spent three terms in congress and gained a knowledge nf olftclal routine; then he went back to Iowa to become a professor at the Iowa Agricultural college. Then It was that the peculiarly appropriate combi nation struck President McKinlev. lb-re was a man who was a farmer, who knew the practical side, but who also, by reason of his life as a peda gogue wns familiar with the actcntlltc phases of firming, and who, having served nation In congress, understood lawmaking and administrative work. It was this exceptional fitness which caused him to be appointed for the position of r.ecretary of agriculture. IE FORMALLY ASKED TO UED!ATEN DISPUTE V Alsop Claim Matter Presented to Him Through Foreign Office by United States. London, Nov. 19. A request that King Kdward mediate the Alsop claim dispute between the United mates and Chill was made by the United Slates through the foreign office today. His majesty had been communlcat ed with Informally on the subject pre vlously, but at thnt time gave a won committal reply to tha suggestion. COOK'S , GIVE OUT II '1 t 1 ;) L J ICS "FRE.De.RJCK A.. COOK was a plot to steal hi records, and even to spirit him away in person, lie even engaged two private 'detectives to shadow Ills supposed shadowers." A FIRE DESTROYS There Was Much Excitement and Was Necessary to Call out the Reserves. Pittsburg. 1': Nov. L'9. A riot call which lump. started from overturned IT US! HE'S IT WRITING THAT MESSAGE President Expects to Have It in Hands of the Printer by the Middle of the Week. Washington, Nov, ;'. Alvuli II. Martin of Norfolk, republican national commute ni in from Virginia, called on President Taft lit the While House to ley. No political significance Is lit - tiiclled to the V iSit. The president bus begun vvrltlrg bis niimmi message lo congress. He will be busily engaged nt the tusk for the nt't lew (lavs, and expects lo coniph ti the work nnd have It In the hands of tho public printer the middle of the present wet k. & SORT TO BE SOLD DECEMBER 7 Circuit Court of Appeals Denies Fergus Reid's Petition for Man damus. Norfolk, Nov. 29. The Norfolk Aj Southern railway, for sumo tlmo In-1 volved In receivership litigation, will ho sold December 7, as the result of I tho action of the United mates drcult Court of Appeals today, denying the petition of Fergus Held, a minority bondholder for mandamus requiring Judge Waddill to atlow appeal from the bitter's order denying a stay of the decree of foreclosure and sale. WAGON LOAD OF POLICE TO CAPTURE SMALL BOY Tlilrtwii Yean Old I mil anil Another Hud Planned lo Huh a Ht, i IjiiiIh llank. . HI. Ixiuls, S9. Tom Gallagher, thir teen years old, was raptured after a wagon load of policemen had sur rounded LeFayette Imny today, and confessed that he, with another boy, hsd planned to rob the brilk. The other buy. acting as a lookout, fled when the patrol wagon appeared. tlitllnKber was captured coming down a lire escape. PITTSBURG HOMES ELECTION DAY'S ONE OF USE There Is no Repose in Here-We-Rest Today Bands, Pray ' ers, Songs About Poll ing Places. THE POLICE AND SHERIFF'S FORCES ARE AUGMENTED The Excitement in Birmingham Is In tense and Business There Is Practically Suspend ed Today. Birmingham, Nmv. 29. -Today's election in Alabama to decide the fate of the proposed prohibition amend ment lo the state constitution Is re garded as the most Important polit ical contest In the history of the commonwealth. Karly reports from all quarters of the state Indicate nn unusually large vote, in Ulrmlngham, Montgomery, Mobile ninl other large cities, where the Interest In the result is of the keenest character, both the prohibition and the antl-prohlbltton i lenders made every effort to get out j the voters. The full returns probably will not be forthcoming before to I morrow night. Those opposed to the I amendment are already claiming vlc j torv, j Hands of music were placed around jthe voting places In Ulrmlngham ear ly today to drown out prayers, singing land pleading f women and children, who gathered (n nn effort to influence votes for the constitutional amend ment for prohibition. Deputy sheriffs and extra policemen are on duty It around the polls and excitement la ln , tense, tluslness Is practically sus pended today. Hnttn In Mobile, j Mobile, Nov. 2. At the eonstltu j tionnl amendment election here today. women were -cHrly at the polls with coffee and sandwiches, urging the men to vote for the amendment. The vot ing ts very heavy. ''. Hands of women wearing white' badges and carrying banners, paraded the streets In tally ho. singing "Vote for the amendment and save tho homes," "Vote for home and mother," and other songs, to the tuin of popular airs. Delaying lite (ainr. Shortly after noon the assertion was made that nmendlsts In every ward In the city were delaying the vote by slowly going over the lists for the name of each person called. Children Helping In Montgomery. Montgomery, Nov. 19. Aiding In the prohibition fight, committees oi children were present about the poll ing places here throughout the d QUINTET OF SWINDLERS ARE ARRESTED IN PARIS Four Men and (a Woman, Americans. Accused ol Stealing $75,000 Worth of Jewels. Paris, Nov. 29. Pour men and one woman, who have posed s American mlllonalres, but are allegl to com pose a gang of International swind lers, were arrested today, charged with stealing on a large scale. Jewels valued at 15.000 were found In their possession. The police assert the Jew els were stolen from European houses, Tbc men gave the names of John Franks of New York and Jacob Hy men of Philadelphia, A DIPLOMATIC MOVE T Interesting Statement Made by M. Zumo to, Editor of the Timet, of Tokio. Sun Francisco, Nov. 18. Revision of the imperial laws of Japan, which will extend to aliens the privilege of owning property In fee simple for agricultural purposes, will be the con sideration of the next treaty constm- mated In Japan with another nation. according to M. Zumoto, proprietor of the Japan Times, of Toklo, who is a close friend of the late Maruuls Ito. SIX MEN I'I,ACK1 OX TKIAIi FOR I'NDKK H EIfiiriXU FHAl'OS Clilmlnal fliaran Airalm Men For merly Kinpkiyed by the Kugar Itrllnlng Co. New Tork, Nov. 19. On criminal charges, resulting from revelations of extensive under-weighing frauds In the docks of the American Sir to fining eompsny, six former mi - i of that eompunv were pl;s 1 i t In the United F '- ' -' '