Newspapers / The Asheville Times (Asheville, … / Feb. 13, 1912, edition 1 / Page 1
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LOOMS LARGE HAVE SETBACK Prisoner Sentenced to 30 Yean May Be Pardoned and Trial Judgb , ,y, oved From Benc,, Senators Call Latest Attack on Him by Strangely Elusive Newspaper Corespondent Absurd. AS TO ORE LEASE II bill Hvv- - WHYHAHNATUBHEO ' 10 PANAMA ROUTE - A -i ' J i i p l: V-4i SUBJECT OF SWEDEN,; IMPRISONED VNJUSTLY If Dix Doesn't Free Setoff's Former Valet, Diplomats May Invoke Federal Court Action. ..New York, Feb. 13. Folko K. Brandt, former vulet of Mortimer U Kchiff, the bunker, Was brought here from Sins Sins t!ila morning before ySuprcme Court Justice Gerard on a habeas corpus writ, to determine whether the valet was illegally sen tenced to i!0 years term in the Clinton lirlson fur burglary. The. attorney general will ask the dismissal of the writ so the governor van review the case. The latest report Is that Gov. Dix will pardon Brandt before the week is out, and feels now that he has been Imposed upon; that the pardon will lie followed by un Investigation on Ihe part of Attorney General Carmody to determine whether improper Inllti cnoes were used In sending the former srvant of Mortimer L. Sehllf to Clinton prison tor .thirty years on a plea of guilly fur ' tliii-ly which, such record its there Is of the case does not show he committed burglur;' in the first degree. . Justice Oerard reserved decision oiid pending the decision whether he was being Illegally restrained of his liberty, Brandt was remanded to tho Toombs. The court room, was crowd ed during the hearing. Among the spectators were Mrs. Schlff and Mrs. W. K. Vanderbllt. On top of whut will be. It Is .ex pected, a recommendation from ihe governor to tho senate that Judge Rosalsky. who sentenced Brandt, be removed from the bench. Very likely the attorney gciierulrllLjna,ke such irpresetitations to tho governor as7 will lead. the chief executive to move against Judge KonuLslty. The consti tution requires" a hearing' in such a cast: '' Gov. Dix l deecrlbod as acting un der the conviction that he was deceiv ed and misled by persons in whom he had confidence. . In that opinion he Is supported by the attorney-general, to whom the governor has re ferred all the papers in the Brandt case and who has already detected a number of what appears to him to be suspicious circumstances. The attor ney general believes that the courts have been misused. ! Pica of I'risoucr (.'hanged. "The habeas corpus has been sued out by Brandt," said M. L. Towns, at torney for Brandt, "upon the theory that he was sentenced without a trial and without a plea. The record shows that on March 22, 1907, he pleaded not guilty and was represented by counsel. Six days later, on March 28. there was a stamped entry on the In dictment which was without explana tion '"Pleads guilty." There is noth- i.. i I 1 k..n1 Ula plea:" The" record March 2 8 "dnH I show that he was represented by counsel. I claim that the record doesn't show any plea, or if it shows unythlng shows a plea of not guilty. "Judge Rosalsky had the man sworn and proceeded to examine him. The record discloses that Brandt de nied that he broke Into Mr. Schlff's house. He said positively that all the doors were open. The examination shows that he didn't steal anything. It shows that he never intended to hurt Mr. Schlff. He admits that at one time he struck Mr. Schlff, but I say the record doesn't show that he struck him with a bowling pin. fhe record shows that 1r. Schirt was so calm and self-possessed that he sat down and conversed with Brandt for three-nuartors of an hour from 0:i p. m. to 11:20 p. ni. At the end of tho conversation Mr. Schlff, alone, es corted the man to the front door after giving him $50. "I shull claim that these facts nega tive anv coiu luslon on tho part of the Judge that Hrandt pleaded guilty to burglary In the first degree. It was the duty of the judge to take his state ment as well as his plea und find If they were reconcilable. Ills statement was line olitradlcted. The judge failed o shako his story In any Important nnrtieillnr. "t h.iuo f..onrf a lemil nrecediint i" a decision by Ihe Supremo court of Illinois In the easo of tho People vs. Gardner. Gardner was a young Ger man who spoke English imperfectly, as Brandt did. lie killed a man. Ills nlim wua uiilltv of murder In the Hist degree. Questioning by the trial Judge showed that ho had killed In self-defense In a quarrel unexpectedly Invok ed. ' The Supreme court declared thai If a prisoner In making a plea made such statements as negatived the plea the court was bound to take the sfate iiients Into consideration, and that If they showed tho plea to be wrong tho court had no Jurisdiction to sentence the man. The commitment was set aside. "The Brandt case Is muuh stronger because Brandt negatived every sin gle 'accusation necessary to the plea on which he was sentenced. International Complication me case may oe lasen iom ... state authorities and transferred Great Northern Man a Noncha lent Witness Before Stan ley Committee. . Washington,. Feb. 13. James J. Hill told the Stanley steel trust Inves tigating committee that the bureau of corporation's report compiled by I'om- j tuissioner Smith on ore yn iu.es was not ' worth reading. Hill had concluded it j was valueless. . j "There was a tune years ago," 1-1 111 j testllled, "when these entire ore binds ' would not have brought Jl, 000,000. That would bo no criterion ror eslab-1 lifhing present values. Filleen years ago Smith hud ligured on llxing a 1 minimum rate of 25 cents a ton." Hill said he knew of some people I whod had nakl as hiL'h ns HO cents .1 I ton on ore leases since the steel cor poration went into the Held. J. J. Hill, chairman of the board ot the Great Northern railroad, told ths Stanley steel trust investigating com mittee yesterday a story oi himself in the role of philanthropist to the stock holders of the railway company. Mr. Uill told how he had bought proper ties for more than four million dol lars, turned them over for that amount to Ihe Lake Superior com pany, limited, as trustees for the rail road stockholders and presented the stockholders with pro rata ceililicntcs for the Increased value ot the prop erly, which accumulated rapidly and amounted to millions, , Tho railroad magnate was ques tioned at length regarding the Iritise of ' the Superior ore lands to Hue United States steel corporation for de velopment, a lease which the corpor ation recently decided to cancel on January 1, 1915. In this land there are estimated to be about 500.000,000 tons of ore which the steel corpora tion values at I a ton. . "1 wouldn't take $l.a ton for the ore." said Mr. Hill. ' , Tho 'oro' freight ratu 'from .the Lake Superior region to the; Pittsburg dis trict, which the 'United States steel corporation recently, reduced to SO cents k ton, .-Mr.-.HIH .declared to be the cheapest in the country, "And it will be still-lower," said he. "The next rate will -be 60 cents." "Why did they cut the rate?" he was asked. -' v "Why. I think the steel corporation just got scared to death," he replied. "That's all there Is to it." "But you get your royalty Just the same?" asked Representative Young. "And when the lease runs out you ve got the ore?" Willing to Keep to Ore. "Yes," Mr. Hill replied. "What difference does It make? I'll have the ore, and it doesn't go out or fashion, and the fire rlBk is quite low." Representative Gardner asked the witness why he had turned over the property to the Lake Superior com pany for the benefit of stockholders. Mr.. Hill declared the trustee com pany reimbursed him for what he had paid and the increased value was n gift to the Great Northern stock holders. The trustee company paid me wnnt for the property a little over 4. 000. 000 with 5 per cent Interest, said Mr. Hill. "These properties Im mediately took on considerable addi tional value and could make money for the stockholders. There -was nothing to conceal about It. Wherever t saw I could make money for the stockholders that way, I did It." "Did the stockholders uf the Grent Northern railway pay anything to the Lake Superior company?" asked Mr. Gardner. . "No. - Their Interests were a gift tn them." . "Why did the stoskholdcrs get this o-lft ?" asked Mr. Beall of Texas. "I irot back all t had paid and the stockholders of the railroad got tho i.oni.nt i.f the additional value," re- ulled Mr. Hill. "If I could make mon cy for myself, I could make It for the stockholders. I was . In a measure dealing with myself. I bought the property to got control of the trans portation of tho ore In the I-akc. Superior region. Subsequent develop ments showed tho property was worth vastly more than $4,000,000. "f bought the properties as an in dividual," Mr. Hill continued, "bo ranso ns a rullroud company I do not think the Great Northern would have the legal right to own and op erate mines." "But you, as president, could own and operate mines and distribute the stock to tho railroad stockholders?" nsknd Chairman Stanley. "Yes, or give it to the poor,", said Mr. Hilt MAJ. SEXTON ENDS LIFE Former Insurance Ciiinmlwiloiicr Aliihuma ami Well-Know i I'ol Itlclun a Suicide, of Montgomery. Ala.. B'eb. H.J-MaJor A C Sexton, former state Insurance commissioner and one of the state's best known men, killed himself at his home here today. - f. , . Jumc K. Polk, J'.. Vend. t t t'nh. 1J. James Polk, Jr., a direct descendant of Presl- dent rn. aA a man nr HlsnoD Episcopal bishop of ium.. - . to Louisiana, vl!,i!"'!K''i':N"' . i.-Mrarn i t "ngS3T-' - -cii:ti-j;jijr "k-.? . ' '.., '' jCT r.W J 1 1 f VI K ', , : T 'J. "i. Mill k.M x- . T, W m if i ir'-. INH.C.IOR, OF MAO SON SQUMlt APLDEN DURING THK MOTOR. BOAT 6MOW. For the Motor Boat Show, which opens on February 17 In New York and continues eight dnvs the Inte rior ol Madison Square Garden will he attractlvelv transformed. ' As the show is one of boats, engines and their accessories everything in the Garden will be of a nautical character. One of the exhibits represents the Hudson rtver, with the tldo flowing. On the tWer heading north will be the United Stales cruiser Kalcm, the torpedo bout destroyer Meade and the high (.-peed' boat IXsle 1'' So well has the scenic artist painted these fast craft that they seem to be rjii-inir... Perhaps the most attractive of all hi iiirnisiT ine nest or tne coming season to be a winner a boat will havo lo make PLANS PERFECTED Whether Alleged Dynamiters Will be Apprehended To day Is Uncertain. Indianapolis, Feb. 1 3. -Whether nr 4,'ostf4 wilt -bti iiade this aUornooi In (he dynamite cases Is uncertain. The district attorney admitted that all plans for taking into custody the de fendants, numbering about 50,; were complete. ' The signal to make arrests simulta neously, in different parts of the coun try is now awaited. A labor leader in Boston, several each in New York, Cleveland and Pe troit, at ijast five in Chicago, one each In Peoria, St. Iouis. Kansas City, Mo., New Orleans. Philadelphia,. Milwau kee, Hartford, Conn., Buffalo, Cincin nati and about five men in Indianap olis ure believed to be among those Indicted. Six indictments are said to certain to meo living In Salt Lake City and west of there. PROGRESSIVES TERMED L Taft Manifests Little Sympa thy for Advanced Wing of His Party. Now York, Feb. III. President T.tfl brought his celebration of Lincoln's birthday to a close here Inst night with a political speech to the repub lican club In which he breathed !c llance to the demorratlc party, de clared that it was his belief that the republicans would" triumph next No vember, and made It plain that he had little sympathy with those uf his own political faith who call themselves progressives but who are "political emotionalists, or neurotics." Ifisspoe rh (fame almost at tho end of a strenuous day that took hhn to Newark and Or ange, N. J., iuhI gave him six hours In New York In which to attend the po litical dinner and drop in ut banquets of the Retail Dry Goods association and Graduates club. While at the banquet of the repub lican club tho president received tele grama assuring him that two dele gates to tho republican 'national con vention from the eighth Virginia con- grouslonal district and two more from Alaska, all pledged to support him, :i-id been elected Another telegram assured tho president that the Col orado republican stalo central com mllteo and declared for Taft by a vote of It'U to 10. Clieiiilcitl Itrvkdoii Bill. Washington. Feb. 1,1. The chemt cal tut'llt revision bill prepared by the drmoiraUc members of the house ways and means committee was made public today It puts tho following ar tides on the free list: Acids, sulphate of copper, borax, charcoal nnd bone black, coal tar, and some of Its prod ucts, sulphate of Iron, Paris green, uinuon uuiijut, dip, sulphate of Iron, strychnine, sul- unur in ll ll luimo, mi.i practically all drugs, such as barks, v,.. ri. rtriA,! flhera ARRESTS roots and the like. the exhibits at tile show will be the s sport. Great improvements havo at least thirty-live miles an hour, been Land Promoters Muzzled Depwtments, He Asserts . Zappone, Disbursing Officer Under Wilson, Says That Everglades Syndicates Caused the Dismissal of Drain age Engineers J. 0. Wright is Scheduled to Testify Washington, fih. 1 :. A Zappone disbursing officer in the department of agriculture, testified beroro - the hoiise CommltteirVtt' expe'ndltiiros In thut ;di4iartmon.n ihu. Inquiry. . Into charges today ihat Florida ever glades land j.' promoters were responsible -for siipprcsMing govern ment reports on land conditions and for the discharge of two department ; engineers. J. O. Wright, Florida drainage en gineer, whs another scheduled wit ness. : : Roosevelt Will Announce Position Within a Week New York, Feb. 13. Theodore Itoosevelt today received a letter from eight governors asking him whether he would accept the republican presi dential nomination. Col Roosevelt is IT ATLANTA CONVENTION Nearly 1000 Industrial and Commercial Leaders in Two I Days Session. Al Inula, Feb. I T. Nearly 1000 bus iness men from all parts of tho south arei attending the Southern Mcr- choihts' convention, which opened this moj-nlng. Matters pertaining to com merce and all lines of Industry In tho sotj thorn states will bo discussed at J. G. Ander- thj two day's meeting. Soil of Rock IIIII, S. C., originator of "Hock 111 tl plan" of cotton reduc t hcj tinn will bo one of the principal speak er!). 46 ARE DROWNED t'fnw ami l'MKUcngcrs jtst When Two 1 .IminiifHu Kfpjtlttpt MiHl. In Collision. . Wagasakl, Jnpan, Feb. '13. Forty t members of the crew and pusson- ijpra were drowned in a collision of two Japanese steamers,, the Ryoha aru and Mori Muru, today. To Hold Bunk Directors Iilublf. Washington, Feb. 13. Comptroller the Currency Murray today mi- lioiiiicud that he would .strictly en- nrco the law holding national bunk lirectors liable for losses sustained through loans In excess of the legal amount. President Again In Washington. Washington. Feb.. IS. President ijaft returned . from New York this morning. The president remained i4oard his private oar until o'clock, Vhen he was driven to the white tOUff. ' .' I ' hydroplanes, because these boats are node in this type of boat, an I The engineering investigation of tho Florida everglades cost the gov eminent $11,017 to dute, according to JSuppojie. .Mr, Zappone explained that hts knowledge of -Um everglades pr-i jtct, was limited to the, book accounts in his " office. The committee ad journed early because of the . failure of J. O. Wright to arrive. Representatives Clark and Bathrlck, instigators ot tho pending .charges, ob tained the committees consent to in terrogate witnesses -and participate In the Investigation. , .. . giving the letter careful consideration he suid and added: "I shall reply within a short time, probably within a week. Until then I can say nothing on tho subject." OF GREAT IMPORTftNCE Momentous Investigation to be Disposed of By Body Meet ing Tomorrow. London, Feb. 13. King' George preuidud today ul the privy Council's meeting, the first held since his re turn from India. Tho king approved the Bpeech from tho throne which will bo read at the parliament's opening and heard Secretary of War Hal danes' account of the lattor's visit to lierlin. -. " . . . -. Tho parliament's session, opening tomorrow, promises to be momentous because. of llireo Important measures home rule, the disestablishment of Hie Welsh church, and muiihood suf frage. ; . Sir Edward Ui'cy Honored. The almost unparalleled honor that King George has bestowed on Sir Ed ward Grey, secretary of state for for eign affairs, by nominating him to the exclusive order of tho garter, to which only members of royally and the no bility aro entitled, has created Im mense speculation throughout the British Isles. It Is nearly 200 years since this mark of royal favor was conferred upon a commoner. Intervention Humors IleuJcil. Washington, Feb. 13. Realizing the danger to American residents In Moxl co from tne circulation oi erroneous press dispatches telling of proposed intervention by the United States, the slate department today Issued another circular to Its diplomatic and consu lar representatives In Mexico denying "all foolish stories" about American intervention and expressing the good will and slncerest friendship of the United States for Mexico. J PAH LlflMEHl rS S ESS ! OM I Cromwell's $60,000 Campaign Contribution Said to Be Reason for Change. " Washington, Feb. 13. The relation of William Nelson Cromwell to the proceedings through which the Unit ed States paid $40,000,000 for the French rights to the Panama canal route were discussed before the'house committee on foreign affairs yester day by Henry N. Hall, of the New York World, who has been making a study of incidents connected with the choice of the Panama route over the Nicaraguun route. Mr. Hall charged that Mr. Crom well had influenced congress in .1898 to reject the Nicaragua n route after it had been practically selected. Act ing for the new Panama canal com pany, which had acquired the rights of the French builders, Mr. Crom well undertook, said Mr. Hall, to ln lluence the new Walker commission, then appointed and commit it lo pur-j chase of the Panama property. "Mr, Cromwell persuaded Senator llaniia," said the witness, "to permit him to aniend tho republican national Platform in 1900 in the Interests of tho Panama route. Tho words 'ani Isthmian canal' were substituted for the words 'tho Nlcaraguau canal' but only after Mr. Croimfell had contrib-j uted $00,000 to the republican na tional committee of which Senator I In una was chairman. This $00,000, Mr. Cromwell later charged up to the new Panama canal company as a nec essary expense. Mr. Hall said that ol few months before Senator llaima had publicly attacked the representatives of the new Panama canal' company as at tempting to "interfere with legisla tion.", Senator llnnna thereafter, said Hall,Aook an active part in advocat ing the Panama route tn tho senate. Mr. Cromwell, he declared, prepared a complete draft of the reoort he wanted tnado to the senate upon the Punntnn nruitf. nml MiihmlHf.fi It tn SeivAtr; T6mnr" tn comtaHtcj8ttiati! passed 7 .."the legislation. "Mr. romwell's draft was correct ed, adopted and signed by the minor ity," said Hall, "and became famous under the name of the 'Hanna mi nority report' It was the text book on the Panama side during the de bates which followed in the state. Cromwell wrote Senator - Hanna's speech in favor of the Panama route, if not in its entire, at least in great part." ' , POLICE QUELL DISORDER IN REPUBLICAN MEETING Two Sets of Delegates to Chi cago Chosen in First Geor gia District. Savannah. Ga., Feb., 13. After the police had been called upon to quell disorder at the first district republi can convention here yesterday, tho delegates split into two factions and two sets of delegates to the national convention at Chicago were elected. The majority or "postofflce crowd." did not instruct delegates and only endorsed "the republican administra tion." The other faction, besides en dorsing tho work of the present ad ministration Instructed its delegates to vote for President Taft for the nomination. ' - The trouble arose shortly after the opening of tho convention, when con tests from four counties were present ed for action. Delegates regarded as follows of Henry S. Jackson, col lector of internal revenue, at Atlanta, precipitated the tumult in attempting to get control of the convention through contests. When finally quiet ed by the police, tho Jackson men, 19 in number withdrew to another hall and elected William James and B. W, S. Daniels as delegates to the national convention. After the withdrawal of the Jack son men the "vost onTM) (factloil' numbering 22, delegates under the leadership of Henry Blun, jr., past master at Savannah, settled down to business. Mr. Blum and J. C. Sim nioiis were elected as national conven lion delegates. A contlnuaion of to day's fight is promised at the state convention in Atlanta on Wednesday. MY CHOICE FOR PRESIDENT If I could Select the Man I Would Name , . - ... Nunie. , . , . , Address (Hit this ticket out and mall It to The GuzoMcNowh. in IihihI It in al UUs office. If you do not care to write, your nanio on the ballot, you can writ It in a registry book provided at the office. Results wilt bo published from time to time and in no case will tin' name of tlie voter be given out unless so requested. EFFORT TO PREVENT RE-ELECTION IS SEEN Stories From Mysterious! Sources to Effect that Pro gressives Regard Him ' with Disfavor. Gazette-News Bureau, Wyatt Building, Washington, Feb. 13. Periodically some man about Wash ington makes a strong bid for fame by causing to be published his "dis covery" thut Senator Simmons, even if his party should succeed In getting control of the senate, will not be mude chairman of the : powerful llnance committee, owing to opposi tion which he would encounter from somo of tho more "progressive" lern ocrats. Singularly enough these stories, while never fathered by any correspondent from that stalo, are al ways given publicity In North Caro lina. The One "Jones" referred to by Senator Simmons in a statement given the press, has been let gently but firm ly out of the press gallery since his contribution to a Raleigh paper was aired. The other man mentioned. Clifford, could not be located without resort to a search warrant, because neither the keeper of the gallery nor any of the members there, who were questioned, had ever heard of lilin. Cluu-uclerlzed as Nonsense. The several senators who wore ap proached on the subject when this ru mor was first set in motion, all char acterized such talk as sheer nonsense and it goes with the saying that if democrats are fortunate enough to et control of the senate. Mr. Sim mons will, in the very nature of the case, become chairman of the nnanco committee. This will bo done, not him. but by virtue of senate rules and regulations, and parliamentary prac tices, as fixed in their .operation as any law of nature. It Will be observed that Mr. Sim mons, in his statement, hints at some special inspiration as accounting for the recurrence of this story. 1 Sir. Simmons' Statement. The senator Bald: "I have read the story in the Charlotte News from Washington under the name of Rod eric Clifford to the effect that there Is a movement among progressive democratic senators to prevent my be coming chairman of the llnance com mittee in case we have a majority in . the senate In the next congress. Some weeks ago a similar story was pub- shed in the Evening Times of Ral eigh under the name of 'One Jones." I do not know either of these gen tlemen and I have met no one here who does. "So far as I have heard, and I have diligently inquired among my col leagues about it,, there Is absolutely no foundation for this story. I have heard of no such movement, and if there is one it would not suceed. "If this story is true why is It that the North Carolina newspaper cor respondents have not found it out? Why is it that none of the many reg ular correspondents here have found It out? If It were true It would bo so sensational tn Its character that the papers of the country would car ry It, and yet apparently It has ap peared in no paper except two papers in North Carolina and then under tho name of a non-resident correspondent. Manifestly this Is a story for homo consumption. 'I do not know who Inspired this story. I have beep told by a North Carolina newspaper correspondent here that a certain North Carolinian here suggested to him to run a similar story in his paper and he declined be cause he did not believe It was true." The concluding part of the Clifford story would seem to suggest that North Carolina should elect some other North Carolinian to the senate In order to prevent a contest "wholly Imaginary" in the senate over the pro motion of its present senior senator to the highest position In that body ever occupied by a North Carolinian. What Others Say. The following prominent progres sive democratic senators when asked about thfs story answered as fol lows: Senator O'Gorman of New York; ''Have never heard of such a move ment." Senator Smith of South Carolina: (Continued on page 5 1 I wife resides In Detroit, Continued on page two.
The Asheville Times (Asheville, N.C.)
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Feb. 13, 1912, edition 1
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