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THB GAZETTE-NEWS , HAS THB BOCIATKD PRJtSS SERVICE. IT IS IN EVERT t: RESPECT COMPLETE, u WEATHEB HOEECAST: RAIN TONIGHT. VOLUME XX. NO. 72. r v ASHEVILT.2,N.O., THURSDAY AFTERNOON, MAY 6 1915. PRICE 2 CENTS P" N Mm GERMANS MASS FOR NEW BLOW London, May i 6. For the first time since the British troops forced the Germans from Hill No. 60, near Ypres, Emperor William's forces have been partly successful in a counter attack there. No ad- vices to the contrary having been received, it is assumed that the Germans are still hold ing the positions obtained on Iill No. 60 which they gained by the use of asphyxiating gases. Meantime the German line east of Ypres is within three miles of the town. The Brit ish press does not seek to deny or minimize the persistence of the German offensive, ' but there is no disposition ; to' la ment the drawing in of the British front to the eastward and northeastward of Ypres which could only attend a suc- essful counter attack.. Confi dence is expressed that the new British alignment will prove beneficial in view of the hard fighting expected. Nearly all special news dispatches from Flanders say that the Germans' are massing troops for a new assault toward the French ports. , ' - - British observers now admit that the Germanic ' allies in flicted several considerable lo cal defeats on the Russians in west Galicia but point put that tne enure . nussian irom was not crushed as the Teutons at first claimed and that stubborn fighting continues. :;y '. In view of he complexities of the situation there is cnmpara tively little editorial comment on the Chinese-Japanese trou ble; Nevertheless, there are in li cations that the public are acutly interested in the nego tiations between Tokio and Pe king.,-" ; . : Artillery boomed in London today in honor of the fifth an niversary of the accession of King George to the throne. AFFIRMS DEI L OP FRANKW!DT!ON U. S. Supreme Court Facili tates Appeal of Frank to State Pardon Board. ME Mil LEAVES STAHD Ul'SL GERMAN PLAN BfllET Washington, May (. Upon the re quest of counsel for Leo M. Frank, the Supreme court has Issued its man date by which the decision of the Georgia Federal district court denying Frank a writ of habeas corpus was affirmed. The. mandate ordinarily would not have been issued until May 19, thirty days after the court's decision. It was reported that the action of' Frank's counsel was to facilitate his application before the Georgia state Syracuse, May 6. Justice Andrews after conferring with counsel for both sides at the opening of court this morning 'again cautioned the Jury in the William Barnes suit agolnst- Colonel Roosevelt, not (to read the newspapers. The attorneys show ed the Justice several copies of New York and Syracuse newspapers. Colonel Rooseelt resumed the wit ness stand' this morning but was ex cused : after his attorney had. made an unsuccessful effort to have the colonel answer questions relating to local politics at Albany. Justice Andrews ruled that "infor mation which the defendant has re ceived, confined to county and city politics at Albany lm Immaterial." Both Mr. Bowers, conducting the re-drect examination and Mr. Ivins, In charge-of Mr. Barnes legal force, announced that they were through with the, witness. Colonel on Stand. : The ethics of boss rule and ma chine politics as Theodore Roosevelt claims -William Barnes expounded them, were related by the former Washington Does Not Accept Suggestion to Have Wm. P. Frye Case Adjudged in German Prize Court. THINKS IT IS PURELY DIPLOMATIC QUESTION In View of Fact That Germany Admits Liability, Holds , Prize Court Finding Is Unnecessary. SUNK Mm WlM One German Submarine Bag ged Nine British Fishing Vessels on Monday of This Week. JAP ULTIMATUM REACHES PEKING 10 MEN HELD Oil CHARGES Washington, May 6. The text of application Deiore tne ueorgia state i . , , . ,. . - official, for commutation of his death President upon the witness stand in th, k America n n ote ;to 0w - to- sentence for the Fhagan. : murder of Mary Atlanta, May 8. Leo M. Frank's attorneys here in a statement given out yesterday said they understood that the object of the motion In the JJnited States Supreme court was sim ply to inform the court that Frank's counsel had no Intention of filing a motion for rehearing on the habeas corpus application. "Those representing Frank's appli cation before the prison . commission and the governor for - commutation of the death sentence," the statement continues, "have no desire .to hasten or retard the hearing before the gov ernor or-the commission. They wish and expect . the application to take the usual and ordinary course." 1 . It 1b expected that the mandate will reach the Federal court here the last of this week and that Frank will be taken before the county Superior court for resentence next Saturday or Monday., The May term of the pris on commission ends .SatMrdayjknd.a hearing on Frank's application will not be given until the June term, which begins June T, unless a special session of the commission was held and this the 'prison commission staffs Is unlikely. th siinrm murt hfir TOHtfirflav. ! cllning the suggestion that reparation The colonel swore that Barnes had itor the staking of the American sail told him that the 'riff-raft could not!1" ves?" William P . Frye bythe be trusted to handle political affairs ermamyonveriea cruiser rnnz jiniei without a leader," and hod expressed 1 I Sessions Will Be Held in Wil mington and Many Dele gates Expected L STATE ORGANIZATION Will Meet in Raleigh on May 18 to Perfect State Organization., The ' Commercial Secretaries of North Carolina will meet in Rolelgh on May 18 for 'the purpose of per fecting' an . organisation. Heretofore eeral efforts have been mads on the part of secretaries of chambers of commerce or board of trade In the tate to organize but failure has at tended the effort The secretary of tha Raleigh chamber of commerce la bent on this organisation and has lobored cease lessly to bring It about. Programs for 'ho session to be held i here on May H are being sent to all the commer. Hftl secretaries In the state from the office of the Raleigh chamber. It reads as follows: ' 11:10 a. m. Registration, cham ber of commerce hall. 13:00 m. Automobile ride over city. 1:00 p. m. Luncheon, Ysrborough Adrress of welcome Alexander Webb, president Raleigh chamber of com merce. . ! Response Roger, Derby, president Rand Hill board of trade. "How Can We Link Rural Sections with Cities," Julian 8. Miller, Great er Charlotte club. Discussion "Ilow Can tne Manu facturer of North Carolina Increase Their Output T" M. R. Braman, Qoldsboro chamber of commerce. Discussion "Our Port snd What It Means to North Carolina," II. B. Brnnrb. Wltmlnrton chamber Of commerce. DiscuKRlon "Commercial Organti Mon Advertising," J. C. Forester, Irrensboro chamber of commerce. Irtwrusslnn "Cnnuventtons, ' Tnelr ""oMt snd their Vslue," N. Purkner. hvllle board of trade. MuriiKHlon "The Value of an Of- "'lnl Orpnn." 'M'fti (" .!!' Ion. himself as being in favor of tne Gem-! ocrattc and - republican organizations combining to defeat legislation pro viding for direct primaries. The colonel went on the stand at the end of a day congested with tes timony about public printing and public money. He related what ha al leged to be the substance of conver sations he had with the former chair man of the republican state com mittee over a period of from 1898 until he left the white house. He told his story with all the forcefulness at his command. In part It follows: "Mr, Barnes and I had many con versations on the nature of the boss and the domination of the machine. There was more than one conversa tion concerning the franchise taxi bill.' .- - " "There were some ,' before Payn, (Louis F. Payn, state superintendent bP Insurance), was '. removed. They were in the spring of 1899 and again in the beginning of 1900. Those con versations were upon the power and the necessity for the machine system of party government.' '' : One conversation was Just prior to the appointment of a successor to Payn. Mr. Barnes said It was neces sary that the head of the organiza tion should have complete control and he instanced Albany county. "He said the riff-raff could not be trusted to handle political offalra without a leader. He said It was not necessary tor the boss to Issue orders to executive officials and legislators, but that they found out they did not support the organisation they could not get bills through, they would not be renoml nated." The coming state Christian Endeav or convention, which Is to be held in the First Presbyterian church, Wil mington, June 4-6, promises to be the largest and best ever held In this state. The convention theme is "Con secrated Enthusiasm," arid a strong program Is being prepared with able speakers. . Free entertainment will be provided the delegates while attending the con ventlon, and the only necessary ex pense will be the customary registra tion fee of tl for each person so at tending. Delegates can also avail themselves of the summer rate on the railroad, which go into effect June 1 Among the attractions being planned by the local committees are an auto mobile ride after the afternoon session on Friday, a reception that night, An outing at Wrightsvllle Beach on Sat urday afternoon, a floating Endeavor service Sunday morning, and, possibly, a sunrise meeting on Monday morn lng. after the convention has closed, The junior work is so encouraged in certain sections of the state that i Junior Endeavor conference Is plan ned, for some time durlt.it the con vention. It Is certain that the endeav- orers of Wilmington will leave nom lng undone for the comfort and pleas ure of their guests and the various so cieties of the state, realising that In calculable good will rmJlt to them respectively from the Information and enthusiasm brought home by their re turning delegates, will see to It that they are represented at this gathering, It Is believed. , The condition for the awarding ot the state banner are as follows: 1. Percentage of Increase In active membership. 2. Percentage of increase of con trlbutlona I. Number of new societies or ganised and proportion of strength of each, 4. Efficiency of committee work, using United Society standards. W. R. Gudger wss held for Super ior court, at a hearing In a ease sgalnst him charging non-support, which was heard yesterday afternoon by Magistrate W. A. James, Jr. The charges were preferred by Mrs. Lillle (iudger, who recently secured a di vorce from Mr. Oudger and she chanced him with falling' ttf support his child. He wslvrd preliminary ex amination end fui'iiiHhnd t uml In the urn of 20ft for 1; ; ' 1 " In supnlur cuiiitj TftNZER CASE WITNESS OF Frank D. Safford, Hotel Clerk of Plainfield, N. J., Is Found Guilty. Frledrich be made by a German prize court and reiterating the statement that preparations for indemnity were being made, has been made public in the fnlted States. It had already been presented to the Berlin foreign office by Ambassador Gerard. The note says: , "In reply to your excellency's note of the fifth instant which the gov eminent of the United States under stands to be an admission of the Ha, btllty of the Imperial German gov, ernment. It feels that It would be In, the sinking of the American, sailing ship William P. Frye by the German auxiliary cruiser Prinz Eltel Fried- rich on January 28, last, I have the honor to say that, by direction of my government, while the prompt. ness with . which the imperial Ger man government admitted the liabil ity is highly appreciated by my gov. crnmo! , it feels thot It would be ln- appropinHte In-' t He circumstances ' of the case and- would Involve unneces. sary delay to adopt the suggestion contained In your note that the le. gallty of the capture and destruc tion' of the vessel and the standing of the claimants, as well as the amount of the Indemnity, be sub mitted to a. prize court." , The note declares that tje destruc tion of the vessej . was In violation of the treaty negotiations between the United States and Prussia and mam tains that all the question pertaining to the Frye "lend themselves to dip lomatic negotiations." The note maintains that the ques tion' of the destruction of the cargo is not' involved In the present discus slon and that any proof desired of the American ownership, of the Frye will be readily furnished, The note concludes by saying that the United States "ventures -to sug gest the advlslbllity of transferring the negotiations for the settlement of these points, to .the German em bass at Washington. iti view of the aamission or na, blllty It becomes unnecessary 1 to en ter into a discussion of the meaning and effect of the ifleclaratlon of Lon don, which Is given some prominence In your excellency s note of April further than to say that,, as the Ger man government has advised the Unl ted States, the United States does not consider that the 'declaration of Lon, don Is being enforced." New Tork, May 6. A verdict of guilty was returned late last night against Frank D. Safford, the aged Plainfield, N. J., hotel Clerk, charged with perjury in connection with pro ceedings srowlng out of the $60,000 breach of promise suit brought by Miss Rae Tanser against James. W Osborne, the criminal lawyer. 1 The Jury deliberated more than 11 hours. Safford was tndioted because, at a hearing given Miss Tanzer before United Slates Commissioner Hough ton on o charge of using the malls to defraud, he Identified James W . Osborne as the man, who under the nam of Oliver Osborne, stopped at a Plainfield hotel with Mies Tanzer October 18 last, Safford while on the stand in his own defense, reiterated that he was positive- James W . Os borne was the man he had seen at the other. . " - 1 Other important wwltnesses In the trial were Miss Tanser and James W. Osborne. Miss Tanzer, who had with drawn her suit and had said she was mistaken in alleging that James W, Osborne was the man who promised to marry her changed her ground again and testified that he was the man. Osborne went on the stand twice to refute these assertions. He produced witnesses who swore that he was in a room In the Bar association on Oo tober 18, th day 8afTord said he saw him in Plainfield, and he also pro duced witnesses who testified that he was In Provldenoe, R. I., conduct Ins a legal rase, on the . days Miss Tanser said he was with her. Judge Hough, of the United Stales Dint riot cour. tefor whom the case wss tried, charged th Jury that If Hafford mad the Identification De llevlng It to b true, he should be acau'tted: otherwise, he should be round guilty. TORPEDOED SHIP FLEWJ. S. FLAG Cablegram Received by Bryan Says Ship Was "Torpe doed Without Warning. ' ' London, May 0. Nine trawlers constitute the bag credited to a Ger man submarine on Monday of' this week In a message from Hull. The victims were the Iolantha, Hero, Northward Ho, Hector, Progress Co quette, and Bob White of Hull and the Rugby and Bridge of the Grimsby fleet. So far as Is known no lives were lost in the engagements. The crews of the fishing vessels say that the -subfartne was of the newest type and had an Iron Cross on her conning tower. The submarine ran amuck of the fishing fleet and sank seen trawlers in quick succes sion - The crews were given tlfrie to take to their boats but some of them drifted about for hours In their small craft before being picked up. Each of : the fishermen coming ashore exhibited a huge lump of black, bread which had been given him by the crew of the submarine. They are preserving the bread as sou venirs. Hull, .Eng., May 5. Three more British trawlers have been added to those which have been blown up by German submarines in the North sea and It Is feared that others also have been lost as they were shelled and fired upon with rifles by the crew of the submersible. The crews of the trawlers, Iolathe, Hero and Northward Ho, who have been landed here reported the de, structlnn of their boats. No lives were lost.- : ' A Copenhagen dispatch says that whjletbe th.ree,;:trawlflr..were.,fiBft- Ing a German subfarine appeared and ordered them to stop. The crews took to their boats and the trawlers were then blown up by boarding par ties from the submarine. They were picked up after eight hours. The Hero attempted to escape but after an ex citing chase of an hour the submar ine got in close range and opened a fusillade of rlfl eshots and the fish ers stopped and took to the boats. The trawler Porcla . reached Hull safely after an exciting, chase by o submarine. Judge Holds W. T. White and Mims Taylor for Alleged Tampering With Witness. The orderly procedure of the Uni ted States District court was varied by a sensation in the last hour of the morning sesion yesterday. The case of the government against Ed White of Cherokee county charged with ille gal distilling, was in course of trial; the government witnesses had ... been heard, the testimony of the defend ant's witnesses was being introduced and W. T. White was on the stand. Under cross examination of Assistant District .Attorney Clyde R. Hoey, White admitted that he and Mims Taylor made a written contract with a government witness named Wilford by which Wilford was to receive $20 in consideration of his absence at tne trial of Ed White. White had the contract In his pocket and it - was produced in court. Judge James E. Boyd immediately ordered White and Taylor into cus tody and later placed them $500 Received by Japanese Lega tion There and Will Prob ably Be Presented China This Afternoon. ' GENERAL EXODUS OF JAPANESE FROM CHINA! Chinese Apparently Stolidly) Indifferent Not Molesting ; Japanese Refugees- War Preparations. Peking, May 6. Japan's ul timatum to China reached the Japanese legation here today and will probably be presented to the Chinese foreign-minister this afternoon. Prepared for Siege): Hankow, China, May 6.r-(Via Pe king) The Japanese barracks hav been prepared for a siege. Following' iinrtni the consular advice, manv ..Tnnnneaa - bonds to appear In court from I have left this city,, although the Chi-- PAD TESTIFIES HE EY TO JOURNAL I Penance, England, May . At th Inquest Into the death of Captain Al fred Gunter of the American oil tank steamer Gulfllght, torpedoed March 1 oft the Sctlly Islands, th verdict found wss "heart failure, accelerated by tho shock caused by th torpedoetng of his ship." . ,- Th evidence nt the Inquest showed that th Gulfllght was flying a very large American flag at th Urns she was struck, ', : Washington, May The American steamer Gullllght was flying "a large American ensign" and was ..torpedoed without warning" by a submarine whose nationality has not yet been es tablished, according to a cablegram received by Secretary Bryan from Chief Officer Smith of the Gulfllght and Consular Agent Banfield. SyracuseN. Y., May 6. Awards of publio printing to the Journal com pany of Albany of which William Barnes Is the chief stockholder, were further Inquired into at the trial to day of the Barnes libel suit against Col. Roosevelt. Counsel for Col. Roosevelt read Into the record a digest of the stockholders of the Journal company com piled from books which Barnes had furnished, showing that Barnes held nearly all of the common stock and that members of his family held the majority of the preferred stock and some of the common. William J. Nusbaum, certified pub lic accountant of Albany, testified about an examination he made of the books of the Journal company. He said that under the heading of "Job Printing" entries on the debit side appeared to be the cost of Job printing and on the credit side the Income, v , Mr. Bowers of the colonel s counsel said he wanted to show that J. B. Lyon. company paid sums of money, appar ently commissions, to the Journal com pany. - Charles M. Winchester ef the J, B, Lyon company was then recalled. He said the books of the concern, showed the accounts with the Journal com pany and th time when "we paid the Journal company commissions or dis- counts on contracts for state, city and Albany county printing." , "Did you ever pay $5,000 In com missions"? he was asked. "We may have," he answered. "Did you ever pay commissions of $10,000;" "I don't remember It. "But you did make large payments to th Journal Company in commis sions T" "Oh. yes." day to day until the disposition Is made of the charge against them. Judge Boyd expressed himself In no uncertain terms in regard to the tam pering with witnesses and ; declared that he was determined to put an end to such conduct. The testimony of W'llford was to the effect that he had been forced to sign the contract under threats' and against his will. The surprising develppments In this case came just before the noon recess, causing much . astonishment and comment. , The -case, against ' Ed -White lr Ah distilling iharge was given t the jury just before the court adjourned at 1 o'clock. Other cases before the court yesterday were: Clate Fain, who pleaded guilty to retailing, and W. H., Slier who plead guilty to re filling bonded bottles. Fain was fined $100. The government has tried about 20 cases on the criminal docket already ar.d there are so many more ready for trial that it is doubtful whether the criminal docket will be disposed of this week. Tuesday Afternoon. At the afternoon session of the court Tuesday the Jury retruned a verdict of guilty against William Led better, tried at the morning session for Illicit distilling, with a, recom mendation for mercy. Fred Radford and W. L. Young were also convict ed of distilling, the Jury recommend ing mercy for Young. Judge Boyd ordered the cases against Frank Wells and James Groomes to be dismissed when these men were arraigned on charges of retailing.. It was shown that the de fendants had been convicted it tho state court on these charges. The case against Sam Jones, a young man from Haywood county for concealing whiskey was also stricken from the docket at the court's -order. It appeared from the evidence that after Jones was arrested by two mem bers of the Waynesvllle polio de partment one of them, contrary to the provisions of law, . asked the prisoner to make a statement as to the charges against him. The Jury returned verdicts of gull ty -against the following defendants on charges of removing whiskey on which no tax had been paid: Burt Mashburn, Jesse Walker, Thomne Bradshaw, Tl. L. Jenkins and J. L. Led ford. nese are apparently completely In different. Several prominent native residents were entertained last night at a dinner by Borne of the leading ' Japanese. , , , v General Flight. Mukden, May 6. (Via Peking) The Japanese consuls' orders have resulted In a general flight of the Japanese residents of Mukden. The value of a gnlfl yen has increased by 80 silver cents and a rich harvest is expected to be reaped by exchange DroKers. ...... - s All the Japanese civilians except a few rnkewA'nCTrarrrbafl. Officials have left Miikdeni' All . classes . of Chinese view the exodus with stolid indifference. They have not In any way Insulted or molested the Jap--anese leaving, although the natives seem deeply perturbed. The Japanese troops occupy etrate. . gic positions in Mukden, while the Chinese soldiers are reported to have moved their positions south of th city. Many residents of that district are coming north. - At th stat convention ot th Im proved Order of Red Men at Fdenton this week the delegate' from Aiht villa are urging th claims of Ashe, villa for th meeting next year. Th Ashevlll board ot trade Is co-operating In presenting the advantages of this city as an entertainer ot conven tions. FUNERAL OF J WILL BE HELO TOMORROW ttttKltltKltW n - PCnSVE TI RKS. H n . K Tlflls, Trans-Caucasia, May , t via Pctrograd and London. The t It pursuit of tha defeated Turkish t H army under the command of H K Khaliney In the Khorl Dalmon re- t It glon of th Caucasus Is being K H continued, according to trustwor- H t thy advice reaching Tlflls. H ;lHltttltllltltltltllltltltll The funeral services over the body of John Cruise, aged $1, who died last night at the horn of his daughter, Mra Kate O'Dtonnell, at No. 36 French Broad avenue, will be held tomorrow morning at $:$0 o'clock from St. Law rence's Catholic church. Th deceased was a n stive of Ira land, but cam to the United States many years ago and for the past 25 years has been a resident of Ashevllle. He was well known and respected by a large number of Ashevllle cltlsens, who will learn ot hi death with sor row. , Surviving ar three daughters: Mrs. O'Donnell and Mis Jonnle Cruise of this city, and Mra C. C. Seawell of High Point, and on son, John Cruise, Jr., of Richmond. . OHIO MAN WILL BE RETURNED TO STATE COMMITTEE REPORTS . ON TAXJOT QUESTION Biltmore School Committee Finds no Basis of Compro mise on Special Tax A committee from th Biltmor school district composed of Rev.- Dr. Rodney R. Swope, L. D. Maney and D. S. Roberts met with tho county, board of education yesterday and re portedported that af'.er conferring with the executive committee for the Biltmore school, it was found there was no basts of compromise on th ques- . Hon between the board and the school 1 In the matter of special tax levy for which an election has been called for May 2 5 throughout ' Ashevlll town ship outside th city of Ashevllle. ' r Cltizens of Biltmor and Beaver-1 dam met Tuesday to discuss tli1 proposed tax ;vy. A publicity com-1 mittee was appointed to have charge of the campaign plan against the measure: Julian P. Kltchln 1 chair man and the other ' member are T. L. Trantham and W. L. Balrd. Bom funds were raised at last night I meeting to defray the expenses of' th campaign and Rv.' Dr. Swop,' was made treasurer of th executive committee. The oommlttee announce that meetings will be held In all of th school districts of the township "Stor the purpose of presenting th view' of the opponent of the tax. A meet- lng Is announced for Friday evening at Orace at which Dr. Swop. Julian P. Kltchln and W. C. Cleveland will make talks on th effects of voting the proposed school tax. It la thought that some of Buncombe's representa tives at th last legislature will be asked to discuss th merit of th law under which th election la called. Ralelgh.M ay I. Governor Craig has honored the requisition of th gov ernor of Ohio for Olls Joyner, wanted In Mlntnl county, Ohio for murder, who is under arrest at Wlnston-Balem. EXPENSE ACCOUNTS fl FILED AT CARDITES0 The following statement ef th xpehs accounts ot candidates hn partlclpoted In Tuesday's ertlm were filed In the office of Cl-rk "f Superior court John H. Csthy, y--terdav afternoon: Msvor J. k . !n- ktn $!00; D. Hldn I!mry $215 C. H. Jisrtlntt $15: Jnmrs O. !-' Uath-r $Jir.7S: K. V. M.T $r.l.&; J. Frni.-r Onn i ?;, Ju,'t l'J.ii!i C. C. ke, ," , .
The Asheville Times (Asheville, N.C.)
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May 6, 1915, edition 1
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