Newspapers / The Asheville Times (Asheville, … / Nov. 25, 1912, edition 1 / Page 1
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n'! 'r 4:C J P. 11 Weather Forecast FAIR; FREEZING. v DISPATCHES VOL. XVII., NO. 247. - ASHEVILLE, N. C, MONDAY AFTERNOON, NOVEMBER 25, 1912. PRICE THREE CENTS r 'J ''r ' ' 7. WWWVs U1UANTIC PLOT maj iSAiuL, nAKhu Swear Arrests 'Ar4 -vT Plan to Kill Contractor, X' "Wipe Los Angeles V the Map." ' - HOCKIN, AGHAST AT SCHEME, REVEALED IT One Frustrated Design Was to Dynamite Sleeping Car to "Get" a Single Ste nographer. ' Associated Pro. INDIANAPOLIS, Nov. 25 1 Witnesses at the dynamite conspiracy trial today testified concerning "wholesale explos ions," which the McNamaras were alleged to have contem plated but which were prevent ed by the arrest of the dyna miters at 'Detroit and Indian apolis in April, 1911. The ex plosions contemplated, as told by witnesses were: To blow up the locks of the Panama canal. To blow up a building in Pittsburg occupied by officials of iron and steel contractors who employed non-union men, and also to blow up offices in other eastern cities. To blow up the aqueduct and waterworks at ,. Los Angeles and to cause other explosions there that would "make it look like au earthquake.". ; To blow up a sleeping car to get rid of a stenographer for merly employed by the iron workers .union '.. because she " knew too much. ' ' r;" An assertion by Ortie- E.' McManlgal that he. we urged to go to Panama by J. J. McNamara as a dynamiter previously had been referred to by District Attorney. Miller as one of the revelations to be made at the trial, , Llndsev L. Jewell testified that Hockln said James B. McKamara manned to cause the eastern explo sions after asitatlon , over I the , Los Angeles Times disaster had "blown over." Jewell previously had tesUfled thnt Hockln, an official In the Iron work ers union who now Is on trial, had described to W. J. Burns, a detective, the Los Angeles dynamiters, soon after the explosion In California. "When was It Hockln first disclosed to you Information about explosions?" Jewell was asked by Senator Kern for the defense. Balked at Wholesale Murder. "He told me he was opposed to the wholesale murder that was being planned and got me to promise him I would never reveal the source of my information. He told me Presi dent Ryan of the Iron workers union knew nothJng of the plots to murder. That was McNamara's scheme. After Hockln told me who blew up the Times building I promised him If he ever got Into trouble I would see thai after he got out he would get a posi tion paying $250Q a year ror ii years. When Hockln began .to report to Burns, Burns assumed that obliga tion to Hockln." "Did Hockln tell you J. B. Mc Namara was planning to blow up s whole sleeping ear full of people Ir. order to klU Miss Dye, because sh knew too muchT" asked District At torney Miller. ' , "Yes." ' Ortle McManlgal next resumed hit confession. . "Tell what. If anything, did you and the McNamaras say about blowing up work on the Panama canal,"' said Dis trict Attorney Miller. "In April, 1811, shortly before we were arrested, J. B. ana J. a. m numnra. and mvself had a talk In In dlanapolls as to the campaign after blowing up four Jobs planned for De trnit " uui.i McManlnral. "J. J. said the McCllnUc-Marshall r-nnatrimtton romnany. a Abn-union concern, had two years work on the Panama, canal and he wanted me to Ho an id I chould go to Panama and nromDtly enlist as a sol' Aor na t had already served In th Spanish-American war. "I did not take much to the Pana- ma Idea and told J. J. so, but he In- slnted he would take It up later. J. B. . said at that time he had more work on the Pacific coast. He said he was irolna- back there with, an arrangemcn to set off bombs by touching off an electric current miles away. He said Til a-o out to Los Angeles and under mine the aqueduct and the water wnrka then Dut bomb at 'varioui parts of the city and blow the whole town off the map. The people will think Ihero has been aflother earth quake flmllnr to the one at lun Fran Cisco.' " McManlgal then described his going .t' l).,trnlt with James B. McNamara to blow1 up four Jobs, and their arrest them which prevented tint "whole. AUSTRIA DISPOSED TO FORGE ISSUE Hoping for Peace, Powers Are i Yet Preparing for Event- ualities. By Associated Press. London, Nov 25. Plenipotentiaries of Turkey and of the allied Balkan nations held their first meeting this afternoon to discuss the preliminaries for negotiations for an armistice. Beyond an Intimation that the vic torious invaders are prepared to mod ify their original demand for the evacuation of the Tchatalja lines by the Turks and also to permit the Tur kish garrison- of .Adrianople to march out of that ofrtress with the honors of war, nothing was known as to the discussions between the delegates. While the principals are thus en gaged In ecorts to arrange a truce, preparation elsewhere for possible I trouble on a lareer scale show no 1 signs of abatement. Intentions of the great European powers undoubtedly j lan procedure seems to foreshadow separate action which will render dif ficult the realization of the plan of Premier Asquith for the setlement of pear eastern Questions as a whole when thn wna la 'nver ITrnm Vlanng I From comes the information that the Ser- vlan war ocice has recalled the vlan troops that can be spared from the columns operating In the north of Prisrend and Monastlr. Austria's Attitude Unconinromlsiiitr. Berlin, Nov. 25. Relations between Austria-Hungary and Stervia are now so strained that political circles in Vienna have abandoned hope of the preservation of peace, according tolful. the Neue Gelsellschaftllche corre spondent, which says It has Its Infor mation from a diplomatic source. Despite official Austrian denials of the reported mobilization of the Aus- tro-Hungarian army, the corespond ent declares that five army corps have already been mobilized and the re serves continue to be called up In large numbers. '1 ' The Austro-Hungarlan government, It continues, is resolved not to await the return of the Servian troops oper ating against the Turks and an ultl- tnntnm tn Servlk. mnv.'ba ...evnented within a few days. ' , ' The situation has become more acute through the changed attitude of I Russia. Serglus Sazonoff, the Russian 1 forelgn minister, after having declared suitable as a basis for further negotla- tions the Austrian proposal guaran- teeing Servia a free port on the Adrl- atio sea and a Servian railway through Albania but without territorial rights, has now abandoned this standpoint Austria is" now disposed to push the matter to a decision because if wdr Is inevitable, she wants to take advan- f ho., mnhiihst on holnc more I oflort than that nf RiiKsla. 800 of tlie Allies Captured. Tendon. Nov. 25. A SDecial dis- n.ik rrnm h. Turkish hoariminrtera I at Hademkeus confirms the report .hot th rmnman trnons caDtureds 800 I Bulgarian and Servian prisoners dur- ing the last engagement with the Bul garian richt wing on Tchatalja lines, The Bulgarians also left Blx field runs and one machine gun on . the Held. Another dispatch from Antlvarl says Austria-Hungary is mobilizing a strik- Ing force at Port Ragusa, to. which place a portion of the garrison 01 tne Austrian fortress of Spizza, in Dalma tla, has been sent ., Warship's Loss Blow to Turks. London, Nov. 25. The loss of the Turkish cruiser Hamldleh Is a severe handicap to the Ottoman commander n-chlef, according to a fllspatcn irom. he front The guns of the other Turkish warships are almost ftieffec tive for the purpose of stopping the lulgarlan advance. . ' The battleship Messadlen, formerly smployed ror tne oeiense oi noum a i....i nn th laft flank or tne tiiu mile, tj v - - - M.idi. hn now been des- . , lha Tllaxb sen In order to ,Mnffthn tha menaced rlrht flank of he Turkish army. Dardanelles StlU Open. Constantinople, Nov. 25. The Dar. danelles were still open to navigation it half past ten this morning, despite ;he threats of an attack ty uuiganan ltoods on the forts guarding them, the capture of which would permit the Greek fleet to sail tnrougn ana oom- lard Constantinople. Paiia. Nov. 24. In view of the In ternational situation the revolutionary general labor federation met yester- :lav to consider tne Dest metnoos 01 oreventlnK war by crippling tne ma chinery by which the momuzation oi u-mles Is effected. A special committee was appointed . n i .nnn.a atrllra wn ar, ranged, to test the support which .... 1 " A.t in. ,-i,in neonle. Practical measures were also kllarussed for hampering the railroad and tciegrapn services, in wvem muu- lllzatlon should be ordered, 25 Mexican Villages Razed. Un Associated Press. Mexico City, Nov. 25.-r-NrUt less than 25 villages have been destroyed In the state of Onxaca In the last ten dayni9i6. hv Mexican Kovernment troops in administration, believing the rebels In that reKion have been sulllclently cow ed by the terrible warfare which has been waged, has now sanctioned or ders for the retirement of the greater part of the roderais irom mm bihib. leivlng the final pacification to local triops. RMIFR I1FI1I1. IIIIII1LII ULIilJi : pi mil Tn dadtv ULUMIU I till II I Passing of Maryland Senator May Cost Democrats Con trol of Upper House of Congress. REPUBLICAN GOVERNOR WILL NAME SUCCESSOR Campaign Efforts Fatal , to Constitutional Authority 1 and Powerful Debater, Lang in Bad Health. W ASHINGTON, Nov. 25. Isidor Rayner of Maryland, one of the leading democratic mem bers of the United States senate and a man whose name was offered to the I Chicago convention by , William J. I Bryan 48 a suitable candidate for the I presidential nomination, died here I earlv today at the end of a lone Illness I resulting from continued attacks of I Senator Rayner had been In a com atose state since last Wednesday with only one or two slight rallies. His severe Illness covered a period of about six weeks, dating from the ef- forts made in the loint nnlitlcal debato with Bourke Cockran at Baltimore, Ser-Mate in September. Physicians com-1 pelled him to retire irom tne cam-1 paign Immediately after that and he rolnrnofl in 'Vila . Wa h In irt nn hnmp. i where he died at 6:20 o'clock this I morning. 1'or over nve years senator i Rayner had been a sufferer from neu- I ritis. the attacks often making- his work In the senate arduous and pain- Republican May Suewed Him. Senator Rayner's death creates vacancy in the senate that probably will be filled by a republican, through I appointment by Governor Goldsbor- ough of Maryland. While the legisla ture j of that state Is democratic. It does Hot meet this winter and the re publican governor's appointee: will hold thpough the opening sessions of me next congress. The control of the. United ' State senate after March 4 may hinge on the death'6f Senator Rayner. .The repub- !16"m -whom it IS" expected - Governor Goldsborough will appoint In his pln.v will noia omce at least unui me mar.v- i 'nnd legislature meets w January, i 1914. -,; ,., . ,.- . . ; I , senator aner s oeam removes out i or tne democrats on wnom me qonirui Of the senate oepenoea in me new i congress. un nis, voie me um- crane leaders counted on musienns 49, or one more than a majority of the, total membership of 96. In any event, 48 votes with the vote of the vice-president in case of a tie was looked upon as sufficient strength to insure conixui. While the democrats still have an apparent sirergm or , me oeam ui the Maryland senator reduces tne sup- posed majority to a point very near me omuins uno ui pouj om ' Man 01 muni. senator rtayner was one ul in RtriKina; ieaiures 01 me neuo-ie. tic had been a member of that body for ;st debaters and a recognized i. ,iti,lT,ol low R.iurae who pariuun. iiio fore he entered the senate he had at ftalned a national reputation because I of his vigorous conduct of the late Admiral Schley's case before the naval court of Inquiry that investigated the action of American officers in the bat tle with Admiral Cervera's Spanish fleet . Mr. Rayner was a native of Balti more and was 62 years old. He war member of the Maryland legislature when 28 years old and served three terms In the national house of repre- sentatives in the period from 188S to fl" CT' w amies " - I aenerai oi msrjmnu, , . . . I AS a memoer ui me lumiiuuw. I . . , I ... I .. .1 tl1lna. I loreiMii riuuium Senator Rayner devoted especial at tentlon during the last few years to America's foreign problems and, con stitutional and legal questions. He was a strong advocate of the abroga tion of the treaty with Russia because of that country's discrimination against passports presented by Ameri can Jews and exercised a marked In fluence In getting the senate to en dorse such action. IV. P. Jackson May Succeed Kayner. Baltimore, Nov. 26. Although. Gov ernor Goldsborough will not consider the matter of appointing a successo to the late United State3 Rayner un til after the senators funeral, those who ae close to him believe that he will name for the place William P. Jackson, . Maryland's member of the republican national committee. The appointee will serve un The appointee will serve until his successor Is chosen by the legislature. which does not meet until January 1914. With the election of this body next fall, senatorial primaries 'will b hold at which the voters will exprese their preference not only for the can iidate to fill out the unexpired por tion of Mr. Rayner's term,- but also for the successor to Senator John W I smith, whose term ends March S, Denientetl flayer Dlca, hv Associated Press, Mount Vernon, O., Nov. 25. Wll llHm H. Miiglll who several days ago shot and killed his wife, wounded hi nurse an1 then turned the Kiln on himself, died today without realization of the tragedy. Maglil was demented, Hn.inilllflMFtJT JIUUU UllliliilLll I fie nnnrcnrjipr Ul Ulllil LIILUUL The Report on Sabbath Obser- van.ce Approves Sunday Postoffice Closing ' ' Law. CHANGES OF INTEREST IN THIS VICINITY Franklin District Absorbed Chiefly by Waynesville Dis- trict Great Sermon by Bishop. I Special to The Gazette-News. High Point, NbV. 25. The Western I North Carolina Methodist conference adjourned at nooji after the reading of appointments.. Bev. Dr. C. A. Wood goes as presiding"! elder to the Ashe- vine district, instead ol Key. Dr. , u. Atkina' mho nmxtn Mnreantnn. uta. tlon and Rev jyr.,J, c. Rowe, former presiding elder of the Salisbury dis trict, succeeds Rev Dir. C. W. Byrd, at Central , churcft, Ashevllle. Dr. Byrd goes to West Market, Greens boro, In place of lkv. E. K. McLarty, who goes to iryon street cnurcn, Charlotte. ; . Rev rr q R0we, former pastor . - n Womc .fc..- J " - - ' presiding elder of Jhe Greensboro als- trict, in place 6f ;Rev. W. R. Ware, who goes to theiSaillsbury district. The Franklin district li eliminated and ab sorbed chiefly in the Waynesville dis trict. Committee- Reports were con cluded today. ,; Sabbath observance and the Sunday' poitofnce closing act were approved anJ pastors urgtid to memoralize legislators to make it stronger. ' '.! ; , Leading his Tiearers Into a broad field ' of ;; profound ' though and speaking :.. In a spmpathetic way' on a subject kindred to every Individual, Bishop' Collins Denny, D. D.. vesterdaiield . a . remark able attention from an unusually large Ludience. . People from far and near .h-nj,,,,,,! to Washington Street Metho- dist cnurcn as eariy as t o'clock to secure a seat to hear the noted blsh- whne at the same time they wit- nessed a love feaat of the ministers. , when the n oiocfc hour came the nurch not onIy wa8 taxed to its ca- Daclty- people standing in the Bide aisles and packing 'the doors, but on Washington street Etood many wish Ing entrance, and hundreds turned away. An hour before the Ume for the sermon the church was filled people coming from Greensboro, Win ston-Salem, Thomasville, Reldsvllle, Lexington and Salisbury to hear the bishop's sermon. When the annual love feast began at 9 o'clock the preachers principally ompesed the audience, and very few were flrawn out of curiosity for this occasion. The love feast, however, was one of the features of the day, ?nd of great interest an.Tmean.ng to . Continued on page two. SUFFRAGISTS RE-ELECT 1.5 I 3he Has 291 Votes on First Ballots-Choice Made Un animous. By Associated Press. Philadelphia. Nov. 25. Dr. Anna Howard Shaw, was thto afternoon re elected president of the National American Woman Suffrage assocla tlon. The vote was: Dr. Shaw 291: Laura Clay. Ken tucky, 20; .Catherine W. McCullough Illinois, 13; Jane Addams, Chicago U. The re-election of Dr. Shaw wa: node unanimous. There was a spirited discussion over thn nneatlnn of Maud Wood Parks of Boston having her credentials as lelegate transferred from the Colleg Kqual Suffrage league to the Mass: chusetts delegation. As the delogatloi proceeded It drifted dangerously close o a question of veracity between cer. tain elements in the convention, in matter was referred back to the ore. dentlals committee for further action The question of changing the repre entntlon and the per capita tax to n national oritanizatlon was briefly dis missed then laid aside. It has been proposed to amend the constitution so is to change the representation wun a view of Increasing the national fund With three sessions scheduled for mlav the forty-fourth annual con ventlon of the National Woman's Suf- niira association come practically to in end, The prlnclval'buslness today war The selection of tne next conven 'Ion cltv Is In the hands of the execu tlve board and probably will not be lntmunced for. some time after the adjournment ' T T Black Mountain Property To taling $50,000 Goes up in Flames Origin Unknown. LOCAL BUCKET FORCE PROVED INADEQUATE Asheville Fire Truck Sent to Assist but Arrived too Late High Wind Spread Fire. v Fire of unknown origin starting at midnight practically destroyed the business section of Black Mountain, but , one store of consequence being left. The total loss Is estimated at $50,000, it is announced. Four stores, two livery stables, the freight depot, a dwelling, a lumber and coal busi ness and a blacksmith shop, seven horses and a cow were burned. , In the high wind, bucket brigade resist ance of the flames in these buildings, all of wood, was ineffective, and the fire simply burned until everything in its reach was destroyed. Over a dozen Asheville firemen went to the assist ance of the Black Mountain firemen on a special train, but arrived too late to do any good. Following is a ist of the losses, all buildings being totally destroyed: By Brown brothers, livery stable; estimated loss $2500; probably no in surance. Black Mountain Lumber company, coal, wood and lumber; amount not estimated; Insured. Pemberton & Co., hardware; $4000 to $5000; insured. J.. R. Bradham, furniture and stoves. Also feed and livery stable. six horses and one cow; insurance on buildings, none on stock; $10,000 to 12,000.. J. S. Wahab, men's furnishings stone. Dr. Terrell, one horse. Yates & McGulre of . Asheville, branch "grocery store, 125O0r"br;'more'; $1000 Insurance. Southern railway freight depot, probably $1000. John Thomas, residence. Most of the household goods were saved. A blacksmith shop. The fire started in Bradham'B furnl ture store. Volunteers fought hard with oucaeis, a spring iurnisn.iiB as "'u' water as couio De nanaiea, or very nearly, inree or iour times meigeveral notable exceDtions. the con- flames seemed to have been conquered, only to Break out again, tne progress Deing soutnwaro, taKing one Duuuing afte-- another, until no more remained in tne names pam. AHIievil'e Men Itespona. A telephone message to J. H. Wood, Ashevllle's fire chief, about 2 o'clock this morning said that the flames were past control and asked him to send assistance. The fire alarm was sound- ed and in a short time over a dozen nremen wer on me way on a special train furnished by the Southern rail- way. When they reached the place, however, the fire had burned every- thing in its path and the Ashevllle ftremen returned to the city before daylight. The fire came Just before the Black Mountain water works were to be In-1 stalled. Tho mains are now being laid and the work will be completed with-1 In a short time. If the system hai been working with the high pressure ind abundance of water the local fire-1 men could easily have controlled the lames. Another estimate, at noon, is to the effect that the minimum fire loss, be - sides the freight depot will be $32, - 000. Yates & McGulre have already opened another place, ana are doing usiness as usual. ,1 TWO SERIOUSLY SHOT Qnnflglit In Construction Camp In Da - ldsoi County Wounded Taken tn (SreennlMiro 8 Associated Press. Greensboro, Nov. 24. Ross Butler received gunshots wounds which It' Is snld will result fatally and 110 No. of U A. Michael ss the result of an encounter wnicn tne two men siHifen with several negroes at a railroad camp in a remote section of Davidson county yesterday. Two of the negrot t were wounded and later taken ov officers while a posse Is said to be close on the trail of five others im plicated In the affair. Detralls of the encounter werc kmM hero last nteht bv a physician who accompanied two of the wounded men to a local hospital. MISS FARLEY, FREED, GOES TO LOS ANGELES R Associated Press. Is Angeles, Cat, Nov. 25. Miss Cecilia Farley, the Ohio state housf itenoeranher who was acquitted But urday of the murder of Alvln E. Zol linger last May, Is expected to arrive here Thursday. According to her father, Jams Farley, who has resided In Los nseles for two years, the young woman will be marrted here to Je rnme Oulidey. who figured In the trial. .. THE ETTOR CASE REACHES JURY RTTAGKS PRINGIPLE OFFREE CONTRACTS Engineers' .Dispute Arbiters Would Safeguard Public from Strike Possibility. By Associated Press. Washington, Nov. 25. Thirty thou sand locomotive engineers on 52 east ern railroads gain a partial victory in their demand for more wages under the award announced yesterday by the board of arbitration. In Its deci sion, however, the board holds that the public, which had no voice in the controversy and no choice but to abide by the decision, had more at Ljj than either engineers or rail- roads and the reports emphasizes the necessity of plans to safeguard the public against the possibility of future strikes whose consequences it depicts in somber vein. . . . 'It would' be difficult to exaggerate the seriousness of such a calamity," reads the report. "It Is safe to say that the large cities of the east would find their supply of many articles of food exhausted within a week. Of so important a commodity as milk they would have no more than a day's sup ply. If a striktr of the character last ed for only a single week, the suffer ing would be beyond our power of de scription. The Interests of the public so. far exceed those of the parties to a controversy as to render the former paramount "To this paramount interest both the railroad operators and the em ployes should submit" Wage Commissions Advocated. To place such a strike beyond the realms of possibility the board advo cates the creation of federal and state wage commissions. These commis sions, the board suggests, should be vested with practically the same pow ers over organized labor as public utilities commissions now exercise over quasi-public corporations. " It is the belief of the board," con tinues the decision, "that In the last analysis the only solution is to qualify the principle of free contract in . the railroad service." . fromthis suggesfJoDv. P. H. Mor- nssey, the representative of the en gineers on the board, dissents. While the award increases wages on iome railroads and for some classes of service, It . holds that a general , in crease on all roads is not warranted. The award dates back to May 1, last, and will hold for one year from that date Mr Morrlsseyi representing the eneineera has already Indicated doubt tn ltfl r.n.wi Tn th. no, ,1rh tracts hetween the roads and the en- glneerg have been renewed annually; The atatude of the railroads, as outiined in a statement yesterday by President Daniel Wlllerd of the Baltl mora & Dhln railroad whn renreaent. -rt tna rRnrnBrt- nn h arbitration board, is likewise indefinite as to the future. ..My a.ri.ptB.nce of the award as a whole dcs not signify my approval of all the findings In detail," . said president Wilh rd. He added that "aithough the award is not such as the railroads had hoped for," nor such they felt justified by the facts, "they n0w accept without Question the con- I elusion which was reached." The members of the board of arbi- I tratlon were annolntert hv the chief justice of the Supreme court of the I united States; the United States com- m)saioner of labor; and the presiding j.jje of the United States Commerce I court Decline Compensation. I in connection with the announce- I ment of the report of the arbitration I commission on the locomotive en- 1 ineers' wage controversy It became kn(wn today thnt tha members of I that body unanimously declined corn- I penoatlo'i for their services. The rail roads and engineers agreed to share. ennallv thA nnpnipi nf tha cnmrnli. I "Ion. Both sides were anxious to se cure omy men of the highest standing i expected to give the arbitrators '" compenuion ior me ume anu I nienis uevoiea to me sunjeci. inn five commissioners put In five months I "i sonn work, devoting every spare I minute of their time to the hearing of I testimony, analysis of facts, arguments bland statistics bearing on the subject PRESIDENT GOMPERS REPORTED VERY ILL Bv Associated Press Rochester, N. Y., Nov. 25. Presl- lent Gompers of the Federation of Labor, Is seriously 111-at his home here and la threatened with pneu- I monla, according to his physicians. I President Gompers was to have j welcomed the delegates to the annual lonventlon of the building trades de lartment of the American Federation f Labor which met today, but Vice President McLend announced1 the fact of his Illness from the platform. Physicians In attendance upon Mr. Gompers have - Issued ctrlct orders for quiet Cars Crash In Snowstorm; 18 Hurt. 71 Associated Press. Montreal, Nov. !5. Eighteen per ions were Injured in a collision be tween two suburban trolley rant near here today. A heavy snow storm pre vented one of the .motormen from stopping at a switch to let the other car pass. Judge Instructs That All Who Participate in Riot Where Murder Ocurs Are Principals. PRISONERS CHEERED - ON WAY TO COURTROOM Court's Ruling Precludes the Conviction of Two for t Murder in the First Degree. . By Associated Press. SALEM, .Mass., Nov. 25. Joseph , N. Ettor and Arturo Glovan nlttl, who on Saturday pleaded that they be sent to the electric chair If found guilty of the murder of Anna Lopizzo in the Lawrence textile strike; cannot be convicted of murder in the first degree. Judge Qulnn in charging the jury today Instructed that the evi dence in the case did not warrant a first degree Verdict. If guilty was the verdict, he said, It must be In the second degree. Caruso may be found guilty of first degree murder, but none of the de fendants under the form of Indict ment could be adjudged guilty of man slaughter. When Judge Quinn had completed his charge there was a long delay while counsel reviewed the Instruc tions and submitted others for the court's consideration. The jury retired to deliberate at 12:40 p. m. If a verdict is not reach ed by 7 o'clock, court probably will be adjourned until tomorrow. . Streets Are Crowded. Crowds of persons Interested In the outcome of the prolonged trial, chiefly friends and sympathizers from , the Lawrence and other mill oltles, were , gathered in the streets leading to the court house long before the doors were opened and extra police officers were on guard to keep order and pre vent overcrowding of the court. The prisoners were brought from the Jail early and hundreds of their friends greeted them with prolonged cheers ' and clapping of hands as they left . their carriage. "'; ' Before Judge Qulnn began1 his'" charge to the Jury Glovannltti's atten tion was called to the news cabled from Rome that the socialist union -had proclaimed his candidacy for the chamber of deputies from the constlt--", uency olLCarpi. "That is very fine of them," said Glovannlttl, "but I ould not be elected ' because I am not 'bid enough. Ono must be 32 years of age; I'm only 29." In beginning his charge to the Jury Judge Qulnn described the case as one of "momentous Importance." From what he had observed of the Jurors In the box, the Judge declared, he was , sure their verdict would be reached , "without any feeling of sympathy or prejudice and without regard to the consequences that may attach to the verdict" Urges a Just Verdict.' The commonwealth, the court said, was tender with defendants at the bar, "seeking no victims and demand ing no sacrifice. A false verdict against the prisoners would be a greater wrong against the defendants than against the community. A false acquittal would also wrong the com munity." ' . "Proof," said the court, "does not mean proof to a mathematical demon stration but the case must not be left to surmise, conjecture and query." Judge Qulnn outlined the charges against the defendants. The com plaint of the working people of Law rence against thejr employers could . not be considered In this case, said the court The riot of January 29 In Lawrence in which the woman met her death was discussed, the court re viewing the evidence. "Rights are not to be determined nor wrongs vindicated by tumultuous riots." declared the court "All who participate In such riots where murder occurs are principals to the crime. It Is for you to determine if a riot oc curred and If Caruso was there. Questions to He Determined. In order to find Caruso guilty of murder in the first degree, the court declared It must be proved that he premeditated to kill Officer Benolt whom he stabbed and on whom his confederate fired the shot which went wild and killed the Lopizzo woman. The question to be determined with relation to Ettor and Glovannlttl, the, court declared was whether their speeches to the strikers had Incited Caruso or others to th riot which I ended with the Lopizzo murder. The defendants, he said, were not on trial for their view. There was no question of the right of free speech with the exception that It must not Incite to lawlessness or violence. The temper of the people, said Judge Qulnn, must be considered In reuching a conclusion on the enei-t or the defendants words. He also sutd the iurv should consider the matter of the planting of the dynamite and hether the belief that the mill own ers had planted the dynamite to prejudice the strikers, drove them to violence. In submitting the chso Judge Quinn gave the additional Instruction that If It was found that a riot or curred on January 2, and Anna Ixi plizo lost her life therein, It was murder. (Continued on Puge Three.) 1
The Asheville Times (Asheville, N.C.)
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Nov. 25, 1912, edition 1
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