TIIE ASSOCIATED LAST EDITION 4:00, P. M. Weather Forecast. FAIR. AND WARMER. . PRESS DISPATCHES VOL. XVII, ASHEVILLE, N. C, TUESDAY AFTERNOON, M ARCH 26, 1912. Sc PER COPY ' NO. to.':", - ... PACKERS NOT '9 ,. HELD GUILTY Government Loses suit Against Chicago Beef Barons of Al V leged Sherman Law Violations. ; . COST OF THE TRIAL OVER HALF MILLION STRIKE QUESTION BEFOREENGIflEEBS Result of the Balloting Will Be Announced on ; .April 10. Jury Deliberates 17 Hours Court's Charge Stresses the Doctrine of Reasonable Doubt. Chicago, March 26. "Not guilty." was the verdict the Jury returned to day In the trlHl of 10 Chicago packers licensed by the government of viola tion of the criminal sections of the Sherman anti-trust act. The verdict was returned lie Cora Judge Carpenter uMer the Jury had, deliberated 17 hours. ... s All the defendants ere In court when the verdict wus rend and the court room wan crowded. The ver dict surprised many who feared the long wait between a long-drawn-out buttle In the Jury room. District At torney Wllkeson was deeply affected by the verdict He refused to com ment on the result. J. H. Edwards, one of the Jurors, mild: "We gave the defendants the benefit of the doubt. We did not believe the gov ernment made out a strong case," The 10 defendants accused by the government and acquitted are: Louis r. Swift, president: Edward F. Swift, vice president; Charles H. Swift, direc tor, and Franca A. Fowler, manager of the -'(treated beef department of Swift & Co.; J. Ogden Armour, pres Ideiit; Arthur Meeker, director and general manager; Thomas J. Connors, director and general superintendent nr Armour & Co.; Edward Morris, president, and Louis H. Heyman, miiniiger of the beef department of Morris & Co.; and Edward Tllden, resident pf th . National - backing company."' " "."'' The case, went to the Jury late yes. terday." The closing nrgument, delivered by Special Counsel Pierce Itutler for the government, was a scathing arraign ment of the acts of the packers. He repeatedly asserted that the govern ment had established Its cas beyond question. Instruction! from United States Dis trict Judge Carpenter held the juror's attention from 3:1 o'clock until 4:24 o'clock. " At 4:40 o'clock the' Jury re tired to consider Its verdict. Rcuxmittblr Doubt Doctrine. In his Instructions to the Jury Judge Carpenter laid great stress on the doc trine of reasonable, doubt to be exer cised by the Jury in determining the guilt or Innocence of the derennunts. In conclusion Judge Carpenter said "1 charge you particularly that the defendants are not to be conviciea merely upon suspicion; they are not to be convicted merely because you think such a conviction might be nonular. And here let me say that the matter of the high cost of liv. Ing, about which we have heard and read so much during the last year or more, has nothing to do with this care." , Urn and Costly -Trial. The trial was one of the longest criminal trials tn the history of the federal courts. It began, December S. 111, and the Jury was sworn In December 1. The first witness was called bv the government December 2ft. The government put 49 Witnesses on the stand and Introduced 1488 documents In evidence. The record of the case contains 5,000.000 words. it Is estimated that the trial cost the packers 1500,000 and the govern ment about 1100,000. The first witness called by the gov ernment was Albert H. Veeder, the dean of, counsel for the packers and personal legal advisor of the late Oustavus F. Swift, founder of Swift Co. He gave a graphic description of the old packers pool which met very Tuesday afternoon prior to 1902 and eve the details of the method which the fresh meat business of the country was controlled. He ae. dared that no attempt was made to llx prices and divide territory after the old wickers doo was aissoivcn in 1A02. He alw told of the attempt of the Armour. Swift and Morris Inter- ciitK tn combine the Backing maustry into a billion dollar corporation and hnW the nlen was dropped because of the Inability of Its promoters to finance it. Nearly every witness calid by the tovernment in the trial was eith-r an emnlnve or a former employe of one f the enrimratlons controlled by the defendant. The defense crot-exn mined every ' -wltne-s at length and In this way got 7-Hrh of Its side of the cuse, before the Jury. ' FEDERALS RETREAT 4x w illicit COUftT RESUMED Tfln FOR LQVJER mm- III HIULSVILLE New Indictments Are Expect ed Tomorrow Against Mem bers of the Allen 1 Clan. New York, March 26. Representa- tives of the Brotherhood of Locomo- live engineers, headed by Warren S. Stone, voted hwe today to su limit to a. so-called strike vote the question of an increase and standardization of wages of engineers of the eastern railroads. Jt will require several days to distribute the ballots among the engineers i -,d April 10 Is sot as the date for milking the result public in mis cuy. The locomotive engineers' de mands for increased wnirea nn niiy railroads east of Chicago ami norm ,nr the Norfolk & Western having been refused, moves were made today to submit the whole matter to a referendum vote of engineers to de ciae wnat policy ahall be pursued. mere nas been no talk of a strike urnnu Chief Stone snid: "We are not tu Iking of a strike. We arc a long way from a strike. I do not believe in strikes if they can be averted." A two-thirds vote of all the eneln cers involved will be necessary to call a strike. ine conference committee of managers of fifty railroads east m Lni(,ago and north of the Niwrolk & Western railroad, . and meir locomotive engineers arrived ut a deudlock last night over the onea- tion of an increase in and standard ization of wugesr The manairers re fused to accede to the demands of the men and the engineers declined to ac cept thlB decision and reaffirmed their demands. . . mailers now stnmi it iDiwin that the question will have to be placed before the rank and file of the Hrotherhood of Locomotive Engineers employed by the ruilroads for a refer endum vote as to what the policy of the engineers shall be. W, 8. Stone, grand chief engineer or (he brother hood. In a letter written to J. C. Stu art of the Erie railroad and chairman of the managers' committee, said the engineers could not accept the decl- lon of the munagers, and that if thev had nothing further to offer, the mat er would b given Into the hands of the engineers for decision. Mr. Stuart rep .led that the mana gers could add nothing to their state ment and that he hoped the members of the brotherhood would give it full consideration when submitted to them. The engineers had requested a mln imum wuge of 14.40 per day for pas senger service, 15.25 per day for freight service and substantial In creases for overtime. They also asked Increases for switch, belt line and special engines, and specified that all electrical trains should be manned by engineers at steam rail road pay. The managers replied that to ac qulesce in the demands would mean tin Increase In wages of about 10 per cent and that they were unable flnan dully to add this burden to their al ready heavy expenses. After they had read the reply of the managers the representatives of the engineers conferred, and It Is said, agreed unanimously that Jt was not acceptable, A letter, the sub stance of which Is set forth above, was then drawn up and signed by Mr. Stone and dispatched to Mr. Stuart. After the exchange of letters was stated by a committee of three members of the engineers that there was no strike talk at their confer ences. Not until the result of the joint conference between the en glneer and the managers has been mbmltted to the rank and file of the 35,000 members of (he engineers or ganlzatlnn will the question or walk out he considered, they said. WASHIHGTOn CITY- PLACE METING B'nai B'rith Convention Clos ed Today After Very Suc cessful Meeting. L MMX DENIED mm i Jury Must Decide Guilt or In nocence of Sugar Trust Directors. ": :v : ' ' S. ALLEN AND NEPHEWS STILL PROVE ELUSIVE COIWIF Duties Imposed Because of Fin ishing Often Far Exceed Domestic Cost of Process. CONSUMER PAYS MORE HERE THAN ABROAD Posse's Leader Expects Soon Toll for Distribution Greater in to Capture Them, However Food Supply Cut Off..'". ' the States When Manufac turers' Price Is No Higher. Ilillsvllle; Va., March 2. The re constructed Carroll county court con- vened today with Judge Staples pre- Wnshlngton, March 26. President Taft today transmitted to congress the tariff hoards report on the cotton sldlnir. One hundred neonle crowded I schedule with the recommendation i- ii,. nttiu nnrlrnr.n. Tk. j "at that section of the tariff law be , , i wnvtrii up xur revision ana reauciions in awe ai a score or Diiuei noiea in in.eim ne rates of duty. while walls and shuddered at the I The president advises con cress that blood-stained floor, reminders of thelthe boards investigations have shown terrible tragedy of March 14. Attor-lthat he duties on some cotton yarns neys for the Aliens declared they I iH tw0 and three times In excess of the would proVe that five shots were fired I difference of the cost of production In before Floyd Allen drew his revolver. I the United States and abroad. The It is presumed they will endeavor to3utips Imposed because of finishing shift the beginning of the firing to ap- and are often in excess of the total do- prehenslve court officials. Today's! """'tie cost or finishing. court proceedings were confined to I Prices paid by consumers In the drawing more complete indictments. I United States are higher than abroad Won't Return Without Outlaws. leven when prices received by manu "Detectives searching for the Aliens I facturers in both places nre the same, will not return here again unless they I This Is said to be due to the higher have captured the outlaws or are posi-1 cost of distribution here. Plain live they have clearly escaped." This was the explanation given by oHlcials of the detective agency sta Honed here of their failure to receive reports from the posse in the moun tains. Some of the men left a week ago and have been deploying In the cloths are as cheap here as anywhere. but on fancy fabrics the duties are In excess of the differences in cost and In many cases the duties are greater than the conversion costs of the mills In the United States.- . t. . . President Taft asks a deficiency ap- New York Herald and The Qasette-N ews. r SffSEt THE FAMINE WOLF BE LOOSED ? mountains day and night. From J proprfation of $00,000 for the board Oalnx and Mount Airy conw telephone I to continue its work during April, reports that developments are expect- May and June, and urges congress to ed before nightfall. The posses are I further continue the life of the board centering their efforts near Lambs-I that It. may prosecute Investigations of" burg, where. Sidna Edwards . was! the njetulleather5 chemical and sug rfMSTO' rimes southwest oflar schedules which the president has teittght' Taft Forces in Control of Indiana Convention Fancy Gap and twenty miles from Hitlsvllle. on the east side of the Blue! Ridge and live miles' from Floyd Al len's home, only a short distance from I the North Carolina line. The motion by attorneys for Floyd and Victor Allen and Byrd Marton, now in the Roanoke Jail to have dis missed the civil attachment levied on I Indianapolis, March 26. The re publican state convention met today to select four delegates-nt-lnrge to the national ' convention. Taft and fioosevelt forces are lined up to fight desperately for control. , ; ; Uy a vote of 772 to 667. the .con vention tabled the minority report of the credentials committee seating con testing Roosevelt delegates. SThe convention adopted a resolution Instructing the state's four delegates-itt-lurge to vote for Taft's renomina ting . The Taft faction had a 105 ma jority over Roosevelt supporters. Jtc- of ?)-vir"is Defeat of Mexican OovernmoiH Troop at Jlinlnoi ("mlirineil. cynjihln?rn. MuSVh Sf it. The state department IoiImv received cnnfirmii "'.n of the iteclMiee defeat of tlie Mex .:in f....rnl troopn nt the linoils of the f, miniljv lit Jimlller. 1 IM- ,:it. ).. i i i .litiiM- eont'1"!'-. - tut Mi. .t... ' New York. March 20. Judge Hand In the United Btsjies (Circuit court to day denied the motion of the defense counsel to Instruct the Jury to acquit John E. Parsons, Washington U Thomas and other American Sugar Iletlnlng company directors, charged with violating the criminal rlause of 'he Hhermnn anti-trust law in closin the Pennsylvania Bugiir refinery. The trial proceeded. The convention of the Independent Order of B'nal B'rith, which has heen In session at the Battery Park hotel for the past two days, came to a close today after a morning session was held. The last adjournment was tak en at 1 o'clock, after Washington City had been chosen as the meeting place for the next convention ano ine oin- ccrs for the ensuing . year naa oeen elected. The convention was considered by all attending it to have been a most fniccessful one. The number of at tending delegates was large and the program arranged was an exception niiv unod one. The sneakers were without exception good and tne re norm read by the officers and coin nxlttees as to the growth of the order and Its expansion In all lines of work followed out were gratifying In tne extreme. I ' T'TST;ii.J The officers chosen this morning u enlrie the deftlnles of the order aur Ing the next year were as touows. Julius Peyser of Washington, presi dent; Lionel Well of Qoldsboro, first vice president;'. F. U Rosenthal of Co lumbus, Oa., second vice president; Morris Klein of Atlanta, sergeant-at-nrms; H. Bternberger of Greensboro, treasurer; George Solomon of Savan nah, secretary. The delegates who. are here will be iHn leaving the city tamorrow morn ing, but there are a large number who will remain over for a stay of nweml days or longer. The ' spring weather that Is coming on now Is proving quite attractive to those 01 them who have never before had the nleasure of visiting In Ashevllle, and these propose to take advantage of It and enjoy the present opportunity. At the afternoon session yesterday, itiar were addresses by Hon. Simon Wolfe of Savannah and Rabbi E. Cal lsh of Richmond, both of whom had Brrived from Atlanta, where they had attended a- meeting of the board of directors of the Jewish orphanage which was established by the order. address concerning the pur pose of the order and the work which hn -'ndertaken was uenvereu ny Max Wllensky. Explosion Buries 79 Men in West Virginia Shaft Welch, W. Va., March 26. An ex plosion In a Jed Coal and Coke com pany mine , at. Jed, six ipllea south of here this morning imprisoned 79 men. Up to noon .10 had been taken out alive and one dead. ; C " J Rescuing parties are, making frantic MISTRIAL ANNOUNCED Tl efforts to reach the other miners. The cause of the explosion Is undetermin ed. ' i Two mine rescue cars were ordered here by the bureau of mines. The first is due to reach here this after noon from St. Paul. The state mine inspector is on the scene. 20 LULL EMPLOYES ' Defendant Probably Will Soon Be Released oh Bail New Trial Unlikely. New Orleans, March 26. The pre- olding judge at the trial of Annie Crawford, accused of murdering her rlster, Elise, by morphine, announced a miHtrial when court opened this morning. Miss Crawford probably will soon be released on, ball. A second trial is doubtful. The state contended that Annie wanted the Insurance money on Elsie's life. The defense offered the suicide theory and supported It with the defendant's statement that Elise was despondent after the birth of her i.hlld six years ogo. IE ITIOILL, MASS Differences Between Textile Manufacturers and Opera tives Not Yet Adjusted. Lowell, ' Mass., March 26. Nearly 20,000 operatives In the several cotton manufacturing plants here will be Idle until existing differences between op erators and employes are adjusted. DISTRESS IN BRITAIN London March 20. Unless the na tional miners' strike Is settled within two or three days and a ml'llon Idle miners ret-irn to the pits, tne miners' leaders will return to their respective diMti'lets to organise miiintaliuinee and relief for dixti'cised families. Tens of lii.Kiwiitdi r jieople are existing on , . .,, i., I ; - id conti'ibuled by char- RASCO IS HANGED ' Convicted of Murdering Tour, He Pro- Innocence and 1I- Recit ing l'salni. Maryville, Mo., March 26. He Ttnscn, murderer of four members of the Miilibell family, was hanged In the Jail yard tliis morning.. Uasco (ro'.. f.le.l Ilia ilinor ence on Hie RcnfL'oKl ana re, ; I lim H J l'aalin. ADMITS HIS FAILURE TO END LABOR STRIKE SPOTTING PRACTICE IN CHESAPEAKE BAY Nsval Mllllla Officers from 18 States Will Wit now UattlOHhlp (inn nery Tomorrow. London, March 26. In a short speech In the house of commons today Premier Asqulth confessed the govern ment's failure to terminate the coal strike as follows; "We have done our best with per fect thoroughness and Impartiality. It is with profound disappointment that I have to confess that oui labors hav been unavailing." Washington, March 26. Eighteen states will have naval militia officers present observing the Atlantic battle ship fleet's "spotting practice," which la gins In the Chesapeake bay tomor row. Gunners of two vessels of the licet will direct their firs against the old battleship San Marcus. The mili tia officers will be the guests of the navy department aboard the vessels of the fleet. directed. A Comprehensive Summary. The president's message ( Is a com prehensive summary of the board s findings. As in its report on the wool en schedule and the pulp and paper schedule, the board makes no recom mendations, and suggests no duties In Its review of a very complex subject. their property was over-ruled by I The president says he bases his rec Judge Staples on the ground that suf-lommendations on the declaration of fleient notice has been given to the I the platform on which he was elected plaintiffs of the Intention to fight them. I "that a reasonable protective tariff The temporary Interest of the fami-1 should be adjusted to the difference In es;of the prisoners," he said, '.'need I the cost of production at home and not te conserved at the expense of the I abroad." permantent Interest of the widows and I "The report of the board shows the rphuns of the victims of the tragedy." I difficulty of stating in general terms Judge Staples granted to the hith-1 difference in costs of production for a ertp wealthy families of the prisoners I great variety of cotton manufactur es poor exemption, which Includes I era," the president wrote. "The dlf- nly the bare necessities of life and I ferences vary widely according to tne one hog and one cow. I character of the particular fabric. Sidna Allen" said Attorney Wise, I The report shows that the cost of for the plaintiffs, "Is a material wit-1 spinning cotton yarn in this country Is ness and his testimony would show I greater than in the leading competing Just grounds for the attachments." (country (England). In the case of or- Hillsville, Va.. March 26. With theldinary warp and filling yarns, tormtng twelfth day of the search for the fugi-lthe bulk of the production or the do tive Allen outlaws proceedings In thelmestlc Industry, the foreign cost of Blue Ridge mountains nearby, Judge I turning cotton into yarn is snown to Staples today opened the Carroll I be about 70 per cent of the domestic county Circuit court for the last day! cost. of the term so tragically Interrupted! "The duty on these yarns la two or by the mountaineers gunmen. The I three times in excess of the difference day's business was the clearing of the! In the cost of production. On some late Judge Massle's calendar and the I highly specialised yarns ana on yarns hearing of arguments on motion of lot the highest count that Is, of great counsel for the Allen family to quash lest fineness the duty In some cases the attachments on property belong- about equalized the difference In con ing to the clansmen by relatives of version costs. the victims of the court house "In many cases, however, on the tragedy. higher grades of yarn which are pro- J lid ere Slanles will emnanel a grand Iduced in this country, the duty is in Jury tomorrow to return new Indict-1 excess of the difference In the cost of nients against the alleged murderers I production, though by a mucn less The date for the trial of Floyd and lumount than In the case of ordinary Victor Allen, Sidna Edwards and Byrd warp and filling yarns. Marlon will be set probably for April I Owt Difference Varies. 15. I "The difference In the cost or weav- Detectlves In the hiountainf report-1 ing yarns into cloth as between this ed today nothing further tha;i that I country arid its chief competitor. they had been close, upon the heels varies according to the character or of Sidna Allen and. his nephews sev- the fabric. In the case of many eral times-during the his, day or two cloths of plain weave, the American and hoped to run them .down soon, eost of weaving seems to be lower The posse's leader thinks they will be than the foreign cost, due to the able to starve out the outlaws by cut-1 greater number of looms tenaen per ting oft their communication with weaver In this country. This reduces moonshiners and other friends. the labor cost per yard despite the Yesterday's Search.. I higher earning of the American ifir another dni-'n hide end seek wMLver. This conclusion is further up and down the southside of the Blue Ridge. In which the posses often were near the Aliens, and even found the Initials from Sldna's saddle pad, part of his horse's bridal and the remains of a meal hastily eaten by the outlaws on the retreat, the detectives declared their final assault upon the gang might be delayed several days. Able to proceed only at the grey of dawn or ths cloudy mist at night-fall, the posses yesterday cautiously picked their way to the edges of severol (Continued on page seven.) substantiated by the fact that cloths of this description are sold by tne domestic manufacturer In this coun try at prices as low as those charged by the foreign manufacturer In his own country. In proportion, how ever, as the fabrics become more complicated (and therefore permu oi fewer looms per weaver) the Ameri can cost of production Increases. In the case of most fancy fabrics of complicated weave, the cost of weav ing Is higher In this country, hut on (Continued on peg 7) rixhop Honda of Japan Road. Nagasaki, Japan, March 26 Bishop Tolebl Hernia, of the Methodist church of Japan, died today fmm typhoid fever, aged 64. Hnnda was well j known In Europe and America. uy caoica tor president It I cowld Meet ths Man I Would Nam - HeUlMe Cut tills tlrket oat and mall It to The GnaHfeNewa or Imnd n mt tliia office. II yon do not care to write your name on the bu yB can write It In a mrlntry book provided at the office, - Iteaulta will be puhitxbed from time to time and la no me UI U -e name of the otr be piwi et vtilraa o rco,ncMtl.

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