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.