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LAST EDITION 4:00 P. IX. ' Weather Tore cast: Fair Tonight and Thursday. wciLe;!e .. . DISPATCHX3 IW VOL. XVI. NO. 216. ASHEVILLE, N. 0., WEDNESDAY AFTERNOON, OCTOBER 18, 1911. 3o PER COPT iiHlS Men on Trial in Dynamiting Case 'if m i vx, i r , r. v 1 i 1 1 i y ii it ii it 11 ? - r i II FIERCE BATTLE IT HUG EI POISONED Mill kl REFORM UHCED rnn mn mini Lis tun dib uniinL m Imperial Troops Attack 10,000 Rebels Under Shelter of Heavy Fire from Bat BOMBARDMENT OF CITY IS BEGUN BY FLEET Effectiveness of Guns Ham pered by Fear of Endan gering Foreign Conces sions in the Town. Hankow, Oct 18 Fighting between 10,000 revolutionist! and 2000 impe rial troops began tin morning. Chi nese worship in the Yang Tae river simultaneously began a bombardment of Wu-Chang fortifications. J , A general engagement was precip itate, by Admiral Sah-Chen Ping's at tempt to land a -large body of troops for the reinforcement of General Chang Plao. The cruisers and gun boats replied to the rebel fire with a rain of shells, warships using a large quantity of ammunition. The effec tiveness of their fire was hampered by , fear of endangering the foreign con cessions. . . . . The battle so far Is indecisive, but the advantage appears to be with the rebels. Women ami Children Leave Hankow. Peblng, Oct 1. The British con sul general at Hankow today tele graphed his legation that women and tnlldren hav been forced to leave Hankow. Rebel Gain Towns, Shanghai, Oct 18. It is reported the rebels nave captured Nanking and Nu-Chang, but official confirmation is leaking. - There have been a number of secessions. It is reported, from gov ernment troops. - : Now Verne For Foreigner. v Teklo, Oct. Jt. -Deaplt assurance by the Chinese government and revo , lutlonary ' leaders that foreigners' rights will be respected, officials here regard the situation in the central Chinese provinces aa likely to develop phases alarming to outside nations. One Chinese rumor which Is likely to cause trouble for Americans ia that the United Btates encouraged the revo lution by Its insistence upon railway loans. May Not Kink Battle. Pekln, Oct, 18. The desertion of General Li Yuan Heng from the rebel leadership is reported, but this is be lieved to be a governmen story de signed to encourage the Imperialist troops. The legations are strongly of the opinion that the Chinese army will not risk a battle when the In vestment of Hankow Is complete but will open negotiations to Induce the rank and file to surrender their lead ers upon promise of "pardon and a reward. .,.'-. The Japanese legation declares there is no foundation for tha report that the Japanese flag will be raised over Han Yang iron works. It Is as serted by the Japanese diplomats that some one knowing thai Importance of Japan's interests in the Iron works, has evidently fabricated the story- Dispatches from Shanghai say that owing to tha publication by the na tive press of statements that Japa nese newspapers belittle tha revolu tlon, describing It aa a mere riot the revolutionaries are circulating bamDhleta ursine the boycott of Japaneae goods. They .argue that Japan does not recognise the party '"- of the revolution and therefore should have no consideration. . Slow progress by RebWa, So far as can be learned the ltua ' 'Ion at Wu Chang for the last six days remain unchanged. There are no Indication that the rebels possess any allies at points elsewhere and considering all - the circumstances connected with the ris ing of the provinces of Hu Peh and Hu Naa, the revolutionist do not : appear to be . making much pro- cress. It la now said that the Insur ' gent number at the most six thous and drilled men, .together with a few thousand armed auxiliaries. It is as- aerted by Chinese official that their aucoess at WuChang waa a pure coup t main precipitated by seriure and decapitation ot some civilian revo lutionists. With these olvllliin were associated many of tha WuChang soldiers. , ' .- TOURISTS DELAYED ad Roads Prevent UllduVn Party from Arriving at Winston- Salcin Today. Roakoks. Oct. II. The Olldden tourists teft this city at 11:45 o'clock this morning-, having been delayed by bad romls south of this city. Wlnston-rlm la the official top for tonight. Vit the party may not'dple they acquire their roadbeds un proceed furthr than Martinsville,' der the government power oi emi V 1.IA1IY I!AS0:;3 WIT2irC3 ftr-'tr-. r.r- - ..-, Wahini,, ii. i ia p.i,,.,ni Miuwuo r,..,..'. ,.' ... ...,i.l attended In. l.t. nt to the r il nw in Mr i f I r i, , Hi ( Atlantic ' Deeper Waterways Association Begins Session at Richmond with Many States Represented, f INTRA-COASTAL feoUTE NEEDED, SAYS MOORE President Dwells Upon Enor mous Losses off the Stormy Atlantic Seaboard v Other Addresses. Richmond, Oct 18. From every Atlantic seaboard state and from state along the Quit of Mexico dele gate assembled today at the opening of the fourth annual convention of the Atlantic Deeper Waterways asso ciation. Many speeches are on the program for discussion of an Intra coastal canal and other problems. ' Governor Mann of Virginia, formally welcoming the delegates, announced that Virginia was still active for bet ter facilities for i shipping. . Col. Pleasant A. Stovall of Savan nah, responding, pointed out that halt a century ago the attention of civil engineer and of master of transpor tation was directed, toward the ap proaches to Richmond when a great army had been carried down the Po tomac river and landed upon the peninsula intent upon following the course of the streams and reaching Richmond over the Inland waterways of Virginia. Stovall said the currents of commerce along the Atlantic deepf er waterways, like traffic on the Rhine, I destined to run north and south, that the association had red the signal gun With the' work begun on Cape Cod and with the cut from Beaufort;-to-Pamlico -on "the - North Carolina coast completed. " V President Moore -. of Philadelphia delivered (h. annual address. ' ' This afternoon's session wat large ly devoted to speaking by mayors of Atlantic seaport cities. . Gay nor on Tnwt Problem. Removal of the artificial cause of the creation and growth of the trusts would cause them to disappear rapidly, declared Mayor William J. Gayno.-, of New York city, In an address before the Atlan tic deep waterways association's an nual convention here today. This ar tificial cause the mayor ascribed to fa voritism In freight rate. Let the great genius of the people of the nation have a free and full play In business, with no freight rate fa- vorltlsm on the public highway, nor to any one. and monopolies will decay appointment to baseball rooters, and disappear. A monopoly caonot Downtown hotel are fll ed with fol exlat among a free people except by the game and in the throng some cupable ommlMon. In the way! were many baseball magnates and of favoritism In commerce", ald Mr, Gaynor. "If we do not want trust, namely, the combination together of the cor porations engaged in a certain kind of business, why did we pa and why do w not repeal the statutes which en able nch partnership or combina tion holding companies, aa wo nail them to be formed to hold the stock of any number of corporations, and thus make them a business unit or monopoly T If I recollect aright, it was In the very same year that we paased our holding act In New York state that w passed a flaming anti trust act denouncing penaltie on com bination and monopolies How far cical that will apt-ear to the future historian. He will hav to say mat our legislature was guilty ot mere demagoguery. or else that wa were so Ignorant in economic matter that we really did not know what w wer doing." Tli Moderate Voice) lia uiue vimm-w Th wisdom of giving the interstate commerce commission power to fix freight rates was questioned Dy May or Qaynor. "It was tne noiion oi um of us all along but in time ot emmur the moderate voice Is seldom hesrd and still more seldom heeded that what waa needed was not that gov ernment should undertake he stu pendous Job of fixing rreigm raw., but to see that every one wa charged and made to pay the very am freight rate for the same service. The great thing to be done was to top all fa vorlturm In freight rate to .hlppers and make every one pay the rate fixed by th company. The evil in the past has not been so much that rates were too high, but that some shippers were given favorite rates to the great wrong "Our railroads ar not private roads with which the railroad companies a thev Dlease. On th con trary let it never be forgotten that thev are created and enfranchised by aa public hignwsys. They are created and exist on this ,,r.rfomntal Drincipie. vn nent domain, tnai irini..u. f- . it.. ,w nrlvnta nroD' i - - t.m nuissoni y uv w - - w erty fv public highways or any other V.. F. v... .... nrlvate us public U. uu. .... ..- , -It ws not excessive freight rstrs 1 fritlm In, frelant rates winm i i.,.uvi,i,,oi fn Mures and the creation of what we loosely ran ..." tr..- . that i" to say monopolies, all ..f .. , u.! country. It javuru.-... j . ii i, nprovimat' s tl . ' . ,,,,'. t t I a .J. J. ttCNAHAKA CAME IS CALLED OFF: WETGRDUTJDS Downpour at Philadelphia Causes Umpires to . Decide -Grounds Unfit for Play. , THOUSANDS ARRIVE TO WITNESS CONTEST Postponed Battle, Takea Place Slilbe Park Tomorrow, the . Weather Permitting. at Philadelphia," Oct. Ht. Rain pre vented the Philadelphia Athletics and the. New York Giant from playing to day' game In the series ' for the world's baseball championship. The game will be played here tomorrow or on the first day weather conditions permit the teams to get together. Official announcement of the post ponement was made after the umpires formally made a report to the national commission of the playing field' con dition. , . That rain should Interfere with one of the best series for world' baseball honoM -ver p,ayed wftg ft Breat ds. players, Players of the Athletic and of the Olonta kept close to their respective quarter. T TO TIMBER LAUD SALE Litigation Over 25,000 Acre Tract Is Begun by J. A. Porter. Through hi attorneys, J. H. Merrl mon and Zebulon Weaver, J. A. Por ter ha Instituted suit against . the American Cigar Hox Lumber company and has Died a complaint in which It is asked that the defendant be compelled and directed to carry out the term of an agreement by which. It la alleged, the plaintiff was to purchase from th company 25,000 acre of timber lands In Haywood and Madison counties, known as the "Scot tish" land. It I alleged that the plaintiff had made an agreement with W. E. Uptegrove, the agent and president of the defendant company, to purchase the land and that th de fendant refuse to carry out th agreement. The complaint goes on to state that the defendant, ti the otvner of th land situated on th waters of Spring creek In Madison county and on Hur ricane, Ground Hog,. Snowbird and Cold creeks In Haywood, bounded on the south and west by Pigeon river and on the east and north by the Tennessee state line; that prior to May I. Ull, the plaintiff made an agreement to pay $15 per acre for the land, 180,000 of which was to be paid In cash and the balance, secured by deed of trust, evidenced by note of one. two and three years duration; that pending the survey of the land th plaintiff was to pay 119,000 to be applied on the 180,000. It I contended that the plaintiff of fered to carry out the provision of the agreement and now stands ready to do so, but tl.e defendant refust'S to tranafer the land and Judgment la SKked aa nlmve staled. It will tie remeniliered that H p. ,!!"! n r.-w hi. .il that f-r COMPEL 4 A ! i -'- ' 1 JAMES (PRICE) MCNAMAEA. PRESIQEOT PIS T Taft to Visit Hot Springs, Va., Before Returning to Washington. Las Vegas. Oct 18. President Taft' swing around the circle, now ending Its fifth week, will not end In Washington November 1 as was con templated, but will extend until No vember IS or 18. The president will travel 3000 or 4000 miles more than was at first Intended, bringing the total mileage of hi tour to between 10,000 and 17,000 miles, breaking the records of presidential travel, --" .The regular ttlnWy wiU bf,follow. ed to Pittsburg, wfere President Taft will spend Ootober 1 11, Taft goes direct to Morgsntown, W, Va., where he will spend November 1 and thence goes to Hot Springs to rest five days; thence to Cincinnati to vote on No vember 7. There are a few tentative dates following this and then Taft re turnn to Washington to prepare his message t congress, which meets the firstMonday In Dwember. MINISTER KILLED; fl Rev. A. J. Burns, President of Oneida Baptist College, Shot from Ambush. Manchester, Ky., Oct. 18. Rev. A. J. Rums, president of the Oneida Bap tist college, at Oneida, was shot from ambush and died a few minutes later today. Perry Burns, a kinsman of the min ister, wu arrested. Blood hounds put on the scent at th crime' scene led to Burn' b,ome. SIX TALESMAN PASSLO BHliiRl DEFENSE Los Angeles, Cal.. Oct ' 18. The defense ho passed six tales The defense has passed six tales men, one had been excused by th court and two excused because of challenge for cause, when court ad journed Inst night Thla was the most rapid day' work so far. Of th six talesmen passed at least on seemed virtually sure of rejection before the Jury I completed to try Jame B. McNsmara for th death of Charle J, Haggerty, who Was killed In the Los Angel Time ex plosion and fire. Th passed talesmen wer J. W. Roberta, real estate dealer Robert F, Ualn, carpenter; H. Y. Quackenbush, expressman; A. R. Mcintosh, baker; T. W. Adam, grocer; G. W, McK.ee, retired real estate dealer. Z. T. Hyatt wa excused by th court because of scruples against cap ital punishment ' ' Samuel McCreary wa .challenged for bias uftar he en Id ha had a fixed opinion aa to whether or not th Time dlaueter wa eauaed for a crim inal act. He ald he wa acquaint ed with Harry Chandler, son-in-law ot General Harrison Gray Uttls, pro prietor ot th Times, hut neer had discussed the caae with him, Ed mund B. Johnson, challenged and excused, said be was prejudiced aitalnat labor unions. Talinrnan Quackenhuah, It Was he- lleved. Would not find l.lmnelf on th final lnrv because h did not believe In riii'iful puni? hhif'iit. Talt'aman Ad ,,,n m - ) . I li rem! i. a a ruin the U A - "! ' mi i .ii , .mm rut SOUTHERN KINSMAN IS HELD J) FDR DISSOLUTION I Counsel for R. P. Richardson, Jr., Will Ask Receiver for Corporation. , INDEPENDENTS FILE PETITION WITH COURT Ask Leave to Intervene Attorneys General of Tluw States to Confer. New York,' Oct- 18, The .United State Circuit court will be asked to I exercise It alternative in the tobac co trust case and order a complete dissolution of the American Tobacco company and appoint a receiver therefor, according to an announce ment today by Charlwi Carruth, coun sel for R. P. Richardson. Jr.. and company, one of the defendants In I the original federal anti-trust suit Carruth expressed satisfaction at I the contemplated action of the attor-1 OF TOBACCO TRUS neya general of Virginia, North Caro-llf Una and South Carolina In meeting here to discuss plans. Felix Levy and Louis D. Brandels, I counsel for the Independent, filed a I petition today with the Circuit court asking leave to Intervene In the pro- ceedlngH. Believe Protect Will Bo Made. Raleigh, Oct. 18. Attorney General I T. W. Blckett left for New York to-1 day where tomorrow he confers with I Attorneys General Lyon of South Car-1 olina and Williams of Virginia re-1 gardlng the reorganization plan ot I the American Tobacco company. I Blckett suld he believed a protest I would be made against the plan, WORLD SERIES RECEIPTS HAVE BROKEN RECORDS Total Collections Thus Far $195,914, Exceeding Those from Any Previous Seven Games. xr v-v rw IS All raenrda . ,.ia ,i kUh.ii r.im.h.v.leratlng table ana tn dissecting anue already been smashed by th. three h..wn thoianta and the Tk. ini.l rp tha thru game playd I I188.IU. as com- pared with (188,801, the previous record established In the seven games - Tw.it mr,A pitt.tmrr in na Tha hlav.ra' ahara now amounts ii.i ... Bnll ranneJ Horanru! Ia Chlrre. - v -f Washington, Oct 18. -"W Shall en.nnrata mrlth tha authorities of the stat of New Jersey In th prosecution of the Bchwart Brother company, h. H'.w.rli nankara. nn tha charca of rii.nn.ina- at the meat of diseased hnraaa for human consumption, said nr. Wllev. chief of th bureau of nh.mlatrv. D Wller went to New York to confer with th Inspector ot hi bu raau who had left Newark because .arranta had been Issued for their ar e.t hv tha authorities of th subur han tnwn of Kearny. The accused packer cannot be proecuid by the federal authorities, a they hav stop - oed doing an lntertate buslneas. Banquet for the Giant. New York. Oct. 18. Invitations re lued today for a baseball ban liitd H:iturilay nlitht to hon ir Matmin s . -.r.iw mid nieinUers of tlie Now V,-ik ..!. ,i,it I'nu. Lull (lull. ".' POLICE THINK c 1 .. : Prussic Acid Not ' Taken by Boston Music Student with Suicidal Intent, Say Physicians. CAMBRIDGE MINISTER FACES INVESTIGATION Church Committee Probes Re port That Rev. C. V. Trich- eson Jilted Miss Tin nell for Another. Boston, Oct 18. The death of Miss Avis Tlnnell, a young music student who died Saturday at the Young Women's Christian association build ing from a dose of prussic add, la be ing Investigated by the police. Medl lcal examiner have reported that the poison was not taken with suicidal in tent. Rev. Clarence V. Trlcheson, pastor of the Immanuel Baptist church of Ca"bridge. after attending the girl' lunerui nas returned noma to lace a church Investigating committee, re garding his relation with the girl. Trlcheson was reported engaged to the girl. A few days ago his engage ment to one of hi church member' daughters waa announced. BE HOIIEST, LAW'S WickeTsham 1 N . Says Tobacco Co. Must Show Sincere De sire to Reform. Omaha, Oct 18. "If the new plans of dissolution of the Tobacco trust bring a return of competition they will be approved by the department. they do not do thla they will not be approved," said Attorney General Wlckersham. The attorney general is here to attend the convention of the American Prison congress. "The men at the head of the trust know whether competition will be re stored by these plans," Mr. Wlcker sham added, "and If their, lawyers know It may be depended on that, our lawyers will also be able to figure out just what effect any one of the plans will have should It be adopted. And If that plan does not permit of un- limited competition the government will appeal. "Of course there will be a protest from th Independent, no matter how it I settled. Hiding In the shad ow of th big 'trust' to the extent of keeping up prices without having the stigma of "trust' and 'combination' thrown at them, th Independents hav been reaping a certain harvest They may find It somewhat different when they not only must fight for bus Iness but light for price as welt Fo: that reason I do not expect the plan of reorganisation to meet the approv al of th Independent, no matter which plan 1 adopted. To Reveal IiMlde workings. "The tobacco case 1 entirely differ ent from the Standard OH matter. In th latter the different companies were poured out on th table, aa it war, and then each company wa handed over to it original owner. But with the Tobacco company the I paiieni is aimpiy lam m n v to th Itanlt, Thl to th flrt "me that a big trust ha been dl- I seciea in mm way, aim ii m tereung. win give me puouc, u I -" ;","-""" " msiae anairs oi a u.g I dustrlal combination." now rar m mis iruai mviu tol"n lo D carriea r waa asaea. i unui me Dim conocrna vv.nv u l anvw nani irum wruui .iu w rwv nle that they must be honest and . . VaT Uriitbaaakam Wa 1 1( slU l v v i. ri sjiiaiii. i v cannoi nope 10 gei aner every single I one. W must bring Horn to con. cerns that ar organised and carry on ouine contrary 10 law nav nonruy 1 1 th best policy. I May Collect Thrarfold. I am reaiiy luriirwa i.iai mi oua- Iness men of this country hav not I laaen mor aavaniage oi mat eclon I or. in law wnicn permits me collection - 1 of, threefold damage when they ar I injurea oy a trust mat section I - 1 powerful levr and eould be used In - 1 many caae. Th (mailer business 1 men oi in country wno cry, mai in I big trut' I ruining them can reort I to thl aectlon of th law, and It they I hav Iwen Injured nnlustly they can coueci mreeioia aamages. I "From th electrical companle de ctsion we anow mil manuracturers I can no longer make unfair demand - 1 of retailer and c annot tine a patent - r el article a luli to foe fh ale I of an iniiiBH'nted . A 'in, there ere I .lll.'.r !. l-ilnr v '. : ? . t DICTUM TO TRUST Massachusetts Jurist Points to Prevalence of Homicide in U. S. as Compared to Europe. WICKERSHAM FAVORS . PAROLE EXTENSION Tells of Successful Working of Pla,n Emphasizes Need for Uniform Administra tion of Justice. " Omaha, Neb., Oct. 18. Quoting President Taft as aaying that "the administration of criminal law In thl country Is a disgrace to civilization," Judge C. A. De Courcy of Lawrence, Mass., Justice of the Superior court of Massachusetts, before the American Prison association last night pointed out that the United States wa con spicuous for the great number of un punished murderers. "The defense of Insanity, the limi tation of the power of judge and the character of testimony to be intro duced In behalf of the defendant were some of the evils which, he said, ought to be rectified. . , ' The number of homicides In thl country for 1910 wa 8875 an In- crease of nearly too over the number - in 1909; yet but one in 86 was capl- tally punished In 1910 a against one In 74 during the year preceding," said Judge De Courcy. , Homicide Rate High. "It la aald that in 1898 for . each . million of the population there were , -118 homicides in.. the United States; In Italy less than 16; in Canada lea than II; In Great Britain lea than V; In Germany less than 5. "In the last year in London, with a population of seven mljllon, thefe were but 19 -cases of murder: Of t,h 19 murderers five committed suicide. , All' of tha.others except four were ar- ' rested and either convicted and exe-" -cuted or committed to an insane asylum. "In New York city, 119 caae of homicide were Investigated by the grand Jury during the last year, but only 45 convictions resulted. Chi-' cago report 208 homicide were com- ltted In that city during the last year. Only one of the offender waa hanged; IS were sent to the peniten tiary and the other were set free. In Louisville, with a population ot 224,- 000, during the last year there were 47 case of homicide and not a single murderer waa hanged. In Alabama for the two years ending September 1910, 630 case of homicide were disposed of and the . death penalty was Imposed In only 2T cases. In North Carolina In the 'last year there were 141 homicides, and In Ohio 191, ; and In each an absurdly small num ber capitally punished. The report of the attorney general of TVxas state mai mere were ivts inuicimunui lor murder In that state during the year , 1909 and 1910 and undoubtedly a large number of homicide In addl- -tlon for which no Indictment wer found. In Alabama a conviction for steal ing hides waa recently set aald be cause the Indictment "ailed to state whether they were mule, cow, goat or sheep hides. And Indictments wer dismissed because father wa spelled farther (In South Carolina); because the letter "1" wa omitted In spelling malice (In Alabama). Judge De Courcy ' then suggested some criminal law reform which In cluded simplified form of Indict ments, change In the selection of Juries and In th rule governing pleading. . , WIckerHham' AddreM, In the battle of economic force for supremacy, the law must be obey ed, even though It seem to favor on class as against another. Thl view was expressed by Attorney General Wlckersham In a speech before th prison association but night Punishment In some form, declared the attorney general, 1 atlll necessary ai irrvvvni. criiuv. i ma ia vapeuiiiMy the case." he added. "In a community and at a time, when diver economic) force ar struggling with each other for th mastery in th Bute, and where law ar enacted through the Influence of en class or of . few classes to control the action of an other class unwilling to accept them a rule of action, because uncon vinced of tha wisdom or Justice ot the legislative policy which they embody. Yet a consideration of the nature ot social organisation will demonstrate the absolute necessity ot all classes of society:, conforming to requirement prescribed by tha duly constituted au thorltiee however wlae or unwise those regulations may appea to thaee whoa conduct is sought to b con trolled by them. B'it within Its con stitutional scope, th act of the legt- latur stand until repealed aa th mandate of organized society, and tha continued errectiveneas of organised society requires that obedience to uch law be compelled." I'unlHlinwnt for tYlitws The ttorney general lenitihlly d -cusaed th bread question of uiuaii ment for rrltti and the admlnlK i i-' m of the federal puniln law. Mnihrn m-: I ? . .M!i,(t) j ,. ; ; ; h.w,..,l nn u I-, , ., ' m t " ! I" i ' : 1 mh :l !.. I
The Asheville Times (Asheville, N.C.)
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Oct. 18, 1911, edition 1
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