J
l ' ' I ' ff ' "' f ' V A A 0 J ? ' i
THE HOME PAPER
Of AsheviUe and Western N. O.
"A paper In the home la worth,
thousand in the highway." . .
Marshall Field,
yQT,UMEXX.;NO. 91
ASHEVIIJ2tN.O., FRIDAY AFTERNOON, MA Y 28, 1915.
PRICE 2 CENTS" o
1? - if iSHRVTT.T. W n TDT-n A T7 APTOPMftnw M W no ime .'' V
PRZEMYSL IS ONCE MORE
IN CRITICAL SITUATION
gey to Russian Positions in
Galicia Is Almost Encir
cled by Austro-Ger-man
Forces.
DOUBLE FLANKING
MOVEMENT PUSHED
Italians Take More Austrian
Territory Turks Make the
Allied Forces Resort
to Trench Warfare.
Gilhert-Hopkins Case Is
Ended By Compromise
Celebrated Case Involving Titlesito Valuable Timber Lands in
Cherokee County Compromised! Today in U. S. Court
Has Been on Court Dockets' Six Years.
BAILEY SPEARS DIES (ME
TO THE "BUND" PAH-AMET1ICANS
Collector Draws Inspiration
From Efforts of Blind School
Children and Delivers
Masterly Address.
With the arguments to the Jury
Alnserted.
Borne, May 27. (Via. Paris,
' May 28.) A successful raid on
!the Triest-Naresina railroad
bv a squadron of Italian ay-
;Jro-planes and the occupation
i nf additional Austrian tern
I tory along the Tyrol front and
on the Fneuh tront are report
ed in an official statement giv
en out tonight by the Italian
war office. The statement says
an artillery battle is raging
between the Italian and Aus
trian fortified positions on the
Trentino front.
London, May 28. Przemysl,
garrisoned this time by Rus
sians, is once more threatened
with investment. Just as the
Eussians surrounded Przemysl
and starved the Austrian de
fenders and. f oreed the surren
der of the fortress, so the Aus-tro-Germans,
who have driven
a wedge into central Galicia,
are now attempting a double
flanking movement and with
the attack growing in intensity
are seeking to encircle Przem
vsl from the north ond south
east.
Vienna declares progress, is
being made in both directions
and that if the advance is not
checked Przemysl will be eith
er isolated from the rest of the
Russian armies or the Russians
who fell back to the San will
be forced to further retreat.
The situation in Galicia is
unquestionably of great strata
pc importance and even the'
British press concedes that the
Russian situation is 'serious.
Przemysl is described as the
key to the whole of the Rus
sian positions in Galicia and its
fall would mean that the rail
way to the eastward to Lem
burg, the main artery for Rus
sian supplies in the region,
ould fall into- the hands of the
Austrians.
It is reported that this line
baa already "been severed but
this has not been confirmed.
The righting in the Austro
Italian frontier is still in the
development stage and there is
virtually no change on the
Astern front.
The British and French ad
nit that the Turks are so
rongly entrenched on the
Qallipoli peninsula' that only
Biego warfare can bo waged.
ftattlratitn QntiV -
Ths British battleship Majestle. an
uwr of ths ships supporting ths al
army in tha Galllpoll peninsula,
sunk by ft German submarine to-
" Nearly all of tha officers and
-w wers saved.
At about tha uma IIxa' - -4--m
Princess Irene, built liurt year for
Canadian Paclnca-Brltlih Colum
coMt aunrey and which was token
w oy the the (admiralty at the
mm.ncement of tha war, waa da
b' accidental explosion
' !v M 'nchor at Sheerness, where
undergoing repair
-i ner crew, numbering about ISO.
"fPt one seaman and7 dock yard
,h.,IP1n. aboard at the time, lost
J"1 iJ!o, which waa tha eld
n , "'"h,P on the active Una of
r navy, la the alxth capital
p iot by the alllea slnco the be
1 th th Dardanelles operation!
eont which hut fallen a vie
still uncompleted, the case of Gilbert
agalnBt Hopklna, which has been In
the courts for six years, waa compro
mised this morning. By the terms of
the agreement, Which hod the consent
of the plaintiffs and the defendant
and the attorneys for both sides, the
plaintiffs, Miss A. Louisa M. Gilbert
and Miss Ida Isabella K. Gilbert are
declared to be the owners ol an unai
vldod half interest In five tracts of
the 48 In litigation In Cherokee coun
ty. The boundary Is estimated to con
tain 9,000 to 12,000 acres, and the
five tracts awarded to the plaintiffs
are said to contain about one-ninth of
the total acreage. :
When court convened at 10:30
o'clock this morning Judge Jamea E.
Boyd, who has presided over the trial
of the case during the past three
weeks announced that by consent of
the parties to the suit he would read
to the Jury the issues that would be
submitted to them and' instruct them
as to the verdict they should return
on each one. The Issues, were in sub
stance, as follows: Mas the defendant,
William R. Hopkins, had possession
of the lands in question for aeven
years prior to the commencement of
this action? To his question the court
instructed the jury to answer, yes.
The second Issues as submitted by the
court was: Has the defendant had
possession of the lands In controversy
for 20 years prior to the beginning
of the suit? And to this proposition
the court instructed the Jury to re
turn a verdict in the affirmative.
The third Issue submitted by the
court was, Are the plaintiffs the own
ers of any of the tracts in the boun
dary Involved In the action, and if so,
hpw many? To this. proposition-Judge
Boya directed the jury to return the
answer: That the plaintiffs are the
lawful owners of certain tracts; and
hereby consent of the parties to the
action and their counsel descriptions
of the five tracts agreed upon were
This famous case began in the Su
I'perlor court of Cherokee county in
1909 and was transferred to the Unl
ted .States District court for the west
TASK OF HAPPINESS"
THEME HE CHOOSES
Chairman of U. S. Trade Com
mission Says the Spirit of
Europe 13 for War;
America for Peace.
THINKS HE SAW
TORPEDO'S WAKE
NEAR STEAMER
GROUP CONFERENCES
BEING CONTINUED
N IN
em .district of North Carolina. The
trlH.1 in the District court resulted in
a verdict for the defendant : from
which the plaintiffs took an appeal to
'the Circuit Court of Appeals. But th
Ljury did not pass upon all the points
hot law involved In the first trial, the
pcourt directing them to return a ver
dict upon certain issues upon whicn
(an appeal-'might be taken by the
plaintiffs 11 they so desired, ine ap
,peal court granted a new trial of the
tcaso and afgter many postponements
the second trial began here threo
(weeks ago. ,
Forty-eight tracts were Involved In
fhe action and in addition ' to a vast
.amount of documentary evidence
albout 40 witnesses testified In regard
to the various points of law and fact
in controversy. So involved were
mainy of the questions at issue that It
Is stated that counsel for each side
felt that no Jury but one composed of
exptrta on land titles could pass upon
the 'jaHues in a way that would be
satisfactory even to themselves. The
value', of the two tracts is estimated
to be from one-half to a million dol
lars. ' The (settlement of the case In regard
to the ', Cherokee lands leaves unde
cided a similar suit or the same plain
tiffs asalnst WllUam R. Hopkins and
others (in regard to the ownership of
aboiit 30,000 acres of timber land in
Graham county. This case Is on the
docket of the Federal court but date
for trial has not been set
t Is prohably that the District
court i will adjourn today, and Judge
Boyd may; turn , to hisf- home' In
Greensboro' tl this 1 afternoon. United
States court convenes In Judge Boyd"s
home city on June 7, the Wilkesboro
term of 'Federal court having been
again postponed, the date now belnt?
set for June 22.
Message Not So Much to Those
Who Cannot as Those Who
Will Not See-Mr.
Duncan Improves.
John Barrett, Director General
of Pan-American Union Was
Also Heard Trip to
Mount Vernon.
FIRE FACTORIES
Squadron of 18 Machines At
tack German Town Where
High Explosives Are
Manufactured.
Urumiah Is Taken From
The Turks ByRussians
Petrograd, iftay 28. Urumiah, Per
sia, has been ocoupled by the Russians
after an enj&gement with the Turks
In the direction of Dilman and near
Bachkalla, according to a statement
issued by the general staff of the
army in the Caucasus.
Urumiah Is a city of 60,000 people
and a center of missionary activity.
It is the seat of the Flske seminary
for girls and of Urumiah college . For
weeks missionaries there as well as
many thousands Of Assyrian Christ
ians have bee threatened by Kurds
and Turks. Between 15,000 and 17,000
natives are reported to have placed
themselves under the protection of
the American Presbyterian mission
and 20,000 arereported dead or miss
ing. There hav been many reports of
artocltles and wholesale slaughter of
natives.
tlm to German submarines which re
cently arrived In these waters.
Submarine menace Is ft growing one,
both in the Aegan sea and home wa
ters, and the vessels promise to take
an active part In the operations in the
narrow waters of the Adrlatla, where,
as In the Aegean, Islands afford good
shelter.
While tha warships are able to es
cape submarines In the waters around
the British Isles, the Increase In their
numbers makes the carrying on of
sea-borne trade more and more hazardous.
The admrralty still believes that
the American steamer Nebraskan,
now on her way to Liverpool, waa
torpedoed.
Jackaon First Sea Lord.
Admiral Sir Henry Bradwardlne
Jackson has been appointed first sea
lord of the admiralty to take tha place
of Admiral Lord Fisher, who resigned
recently owing. It Is said, to differen
ces with Winston Spencer Churchill,
then first lord of the admiralty.
Admiral Sir Arthur Knyvel Wilson
will remain wit hthe board of admir-
alty in an advisory capacity.
rrmldont Resigns.
Llbaon. tVla, Paris) May 28. The
president of Portugal, Manuel da Ar-
rlnga, has resigned.
President ds Arrlaga officially an
nounred to the president of the Por
tuguese congress his Intention to re
sisn his offloe. '
Congrear will meet Saturday to de
liberate on this action by the presi
dent and take measures required by
the situation thus created.
FROSTS IN NORTH
HEAT IN
SOUTH
Killing Frosts Throughout the
Lake Region and Alabama
Suffers From Heat.
(By W. T. Bost)
Raleigh, May 28. Collecfor Joslah
William Bailey took half holiday yes
terday and forsaking the callous click
of his cash register, took an fxcursion
into the high music of the masters for
a theme to the blind children in their
closing exercises.
The collector who doesn't love to
f iillect for himself or his country half
so well as he does the garnering cf
rich thought, was commencement
speaker to the several hundred stu
dentsf the liffht of whose eyes has gone
out. But he brought them a substitute
for sight, happiness, a gift -within
every reach. He spoke to a fine audi
ence, one surfeited by speech the -ros-
ent week, but one ready to receive a
message which vrybody agred was the
best offered to any school here by any
man. And it was home grown.
Bailey was preceded by big preach
ers, but none spake as he spake. Tir.
MacArthur came here to tell the Mrj
dlth girls about the empire of the cznr
and how the "great bear of the Nortn"
is planning to hug the whole world.
Dr. McClothlih came over from Loul.3
villeto preach the baccalaureate ser
mon to the Baptist girls and narrated
in charming . style.; a Btftllcal com
mencement day from a chapter n Isa
iah's life and book. Bishops preaohod
finely to other girls' classes and Ses
retary Wilson, looked to a strlkeless
day and an enduring Industrial peacft.
But Bailey set over this his "Task of
Happiness" and more than all the
preachers gave formula for that 'lai-
piness which he declared the propjr
and unlcersal object of life.
Before he began he received a series
of insporations. He heard a blind
band, an aggregation of sightless boy3,
play classic and martial musio bettor
than almost any organization in North
Carollan can do. He heard Miss Ro.ia-
He Welsh read an essay on "Word
Music" and Bailey Innocent of music
was enthralled.
He heard the delightful story of
Evangeline anew by Miss Inthla Bird
Nolen and the-band again. Then he
heard the third finishing essay on "Ed
ucation Value of Music," then the
fourth essay on "Language" by Miss
Martha Annie Jones and a fifth won
der, a pipe organ sol6, "Marche Pcntl
ficale" by William Johnson, who dash
ed over those keys In marvelous musio
and accuracy.
Paul Leonard Edwards gave "Uncle
Tom's Views on the European War" In
an original poem which carried humor
and Infinite pathos. And the band
struck up Tipperary. Bailey's Inspir
ation was complete and he confessed it
In humble speech that threatened to
make him tlounderlf Indeed hdld not
for ten minutes.
School's Fine Work.
The school, working upon the slen
derest allowance of all the big state,
has nevertheless put a fine year's work
behind it. Those who participated in
the program received tha distinctions
and the certificates with a few others
who took no part In the public per
formance. The departments In which
the children work wonders are not In
musio and reading. Their handiwork
Is ft lasting marvel.
Mr. Bailey waa presented by John
B. Ray, principal, who guessed thit
Tipperary was tha suggestion of Col.
Joseph E. Pogue. The surmise was a
bad one. Mr. Bailey wanted to heir
it again.
Tha speaker early recognized tho
presence of the pagan element of grlof
with which the lugubrious practices
of the east invested the religion of Joy.
To banish them ha set his task of hap
piness, a theme which he chose from
Robert Louis Stevenson:
"If I may falter more or less
In my great task of happiness."
And alley's message was not to the
U .. .1 A .1 .1. fc. - .... -
Montgomery, May 27. All heat ree- , ,,,,,. K ,.
ords for May havs been shattered In'"" " "" "' . " "
th. d.strict during the past few day!"" Tt?JE fj:
A maximum of 6 was recorded by th" '0UB uU,l,uV " 'w
. .h. their work disgruntled, sour, grouchy
announcement that It breaks records nd 'rummy out of humor and rebln-
Chief Engineer of Nebraskan,
Disabled Off Ireland, Be
lieves Submarine At- 4 "
tacked U. S. Ship.
SHOCK SO STRONG
AS TO STOP STEAMER
Washington, May 28. Discussion in
open forum occupied the attention for
most part yesterday of the delegates to
the Pan-American Financial congress
Group conferences also were continued
in which the delegates from the South
and Central American counties ex
plained to representatives of the Unit
ed States their desires and needs of
their countries.
: The fourth general session of the
conference was held in the forenoon
Among the speakers were Joseph E,
Davies, chairman of the federal trade
commission and John Barrett, director
general of the Pan-American union,
while several delegates also talked.
Later the visitors were to be luncheon
guests of Secretary McAdoo at the
Pan-American building.
A trip to Mount Vernon was on th )
program for the afternoon.
"The genius of Europe is addressed
to war; the spirit of the Americas 1b
turned toward peace. This council of
the Americas is held to marshal the
great forces of peace Into conditions
that make for mutual helpfulness."
This was the keynote of the speech of
Joseph E. Davlcs.
"It Is suggestive of great promise,"
Mr.' Davies said, "that expressions of
the nations represented here all give
recognition of the fact that the per
manency of our future relationship
and the profitableness to all of us de
pend on tho degree not only of Mutual
profit but on mutual confidence wliMi
we place In the motives of each oth'
Mr. Davies referred to President
Wilson's speech at Mobile in which lie
declared that the United States docs
not desire to attain by conquest a fmt
tlon of land on the continent other
than that now possessed.
ANSWER TO GERMAN
ATTEMPT ON PARIS
Aviators Were in Air Six
Hours and Covered 250
Miles, Says French
Official Report.
Perceptable Interval Between
Shock and Explosion Ter- V
rible Damage Done by v
the Heavy Blast.
Paris, May 27. A French aeroplane
squadron consisting of 18 machines
each carrying 110 pounds of projec-
tiles this morning bombarded chem!
cad factories at Ludwigshafen on the
Rhine, opposite Mannheim.
Fire broke out in several factories
as the result of the bombardment
Oni factory Is one of the most Im
portant manufacturers of explosives
in all Germany.
The French aviators were In the air
six hours and coveria about 250
miles.
The expedition Is of importance In
the general military situation as
French reply to the attempt of the
Germans to bombard the city of Paris.
This information was given out
a statement from the war office this
afternoon.
Fifty Killed.
Amsterdam, May 27. Fifty German
soldiers, passengers on a street car in
Ostend, were killed by bombs drop
ped by allied airmen, according to
dispatch to the Telegraaf, In describ
ing a series of air raids by the allies.
E
BY MOTQRGYGLISTS
Club Will Inspect a Number
of Proposed Locations
This Afternoon.
Fed
SPEC AL
TRAIN
TO
VETERANS
REUNON
Southern's Special Train to
Richmond Reunion to Leave
AsheviUe Monday.
In order to accommooate the vet
erans and their friends In Auheville
and western North Carolina, who will
attend the annual reunion of the Lm
ted Confederate veterans which will
eratlon of American Motorcyclists atbe held In Richmond during the first
m.tw loKt nlirht discussed three dais of June the Southern rail-
wlth much enthusiasm plans for the way some days ago announced that
-t,.rnti.,r, nf b. moinir cnursw f or i a special train of Pullmun cars and
mnn.M..' on o r,ioA for nnnrinnt. day coaches would be opuTatcd by tho
ing horse Bhows. A number of loca-1 company from this city to Richmond,
tlons around the city were discussed ! Announcoment is mude today that
and 1 twa decided that the members! this train will leave AsheviUe Mon-
of the club, bicycle riders and others day. May L at Vh a"ern0"n
fhl. .ftemoon arriving In the convention city the
at o'clock at the corner of Patton next morning. Returning the visitors
n..Wnmanl artVMt n U UIII IUI stJUhlUll Will
Washington, May 27. Killing frosts
throughout the lake region and mid
dle Atlantlo states broke May weath
er records of many , years last night
and there Is promise of unseasonable
cold weather during tha nest 14
hours. The report of th weather bu
reau indicates heavy damage to fruits
and vegetables particularly In tha In
terior of New Tork, while frosts will
probably appear again tonight In the
lake region. New England and the
middle Atlantic states warmer weath
er Is predicted for Friday.
avenue
make a tour of Inspection of the va
rious places mentioned.
J. J. Pollard met with the club
and explained his Ideas for ft race
course between one-half to three-
fourths of ft mile long, arranged so
of weather history.
CADEBY GDES DOWN
Penaanee, Eng., May II. The Brit
lah steamer Cadeby has been sunk off,
the dcllly Islands by the gunflra of
a German submarine. The crew of IS
men aid four pasnongers took to the
hocits and later was rescued by a fish.
Ing smack and brouifht to Nywiyn.
FRENCH SKIP SHORE
SLY
Nantes, France, Uy II. The
steamer C'hsmpagus of the French
Trans-Allantlo line Is aahors near 81.
Naxnlre. Fhe Is bad'y damaged and
the 100 propls that were aboard have
be.cn taken off,
not their poverty that makes them
cheerless and sour for he showed the
number of rich who are unhappy as
great as those of the poor.
He went among the discontented
among tha educated and highly culti
vated. The wisest and best educated
man of his tlm waa quoted In his
"vanity of vanities." In the ranks of
the unsuccessful the speaker found
ad hearts nnd long faces, but among
choice
of several trains, no announcement of
a special train for the return trip be
ing made.
One of the largest reunions of the
veterans ever held Is expected to
convene In tha city that the wearers
SIX PEOPLE KILLED BY
STORM
that the space Inside can be used for! of th ,0 lons a"d vloru,'
holding horse showa Secretary N. aeienuea. ins duuhi.i
Rurkner of the board of trade, was; company begaa preparations some
present and pledged his co-operation months ago for handling with con-
to the movement. venience anu up..-u "
crowas mni are eiwiru w m u
the cry "On to Richmond," with a
slightly different meaning than that
first given to it.
General Julian S. Carr some weeks
ago notified tha veterans of the local
camp that North Carolina survivors
of those who fought for the "lost
cause" are expected to be present In
large numbers and the Indications are
that the delegation that leaves on tne
special train on Monday will be the
largest that has ever gone from this
section to ft reunion.
A large delegation of confederate
veterans from various cities In Okla
homa on their way to tha reunion In
Richmond. June 1-3. will arrive In
AsAsvtll Sunday afternoon, May 10,
at 4 o'clook, and will make ft stop of
thres hours hers. The veterans are
traveling In ft special train of eight
cars; tha train makes no stops between
Memphis and AabevUle.
After enjoying Ashevltle's air and
scenery for ft short tlms tha party
will laavs at 7 o'clock for Richmond.
Fort Smith, Ark., May !7.?H3lx peo
ple are reported dead, two at Tallht
na and four at Checotah, Ok la., as the
result of ft storm last night and early
today which swept over Arkansas and
eastern Oklahoma. It Is reported from
Amlters ttiat mors than 10 people
were Injured at Tallhlna.
BY
Cardiff, Wales. May II. Ths steam
Morwsnns. from Montreal waa tor-
th suocesaful he saw millions who pedoed ond shelled by ft German sub-
have no song in ineir nearu bo he marten at mid-day Wednesday 110
mads happiness a task, ft man's Job,
Mr. Ihtnoan Improving.
Messasvs from Mrs. F. C. Duncan
Continued on Pg .)
mllt-s wst by south of Bt. Anne's
Head. One member of tha crew was
killed and thres were wounded. The
others trs landd hers.
HHHSllHHSstHBsttliHS!n
W
It VrFATHKlt KJTOnT. K
st ritonAIlLY SlIOWKRH. M
Liverpool. May 28. While none ol
the crew of the American steamer
Nebraskan, disabled Tuesday by an ex
plosion off the coast of Ireland, saw ft
submarine, the chief engineer of tho
vessel believes he saw the wake of a
torpedo, according to Captain Green,'
master of the Nebraskan. The captain
In reply to questions said:
"There Is a hole about 20 feet '
square in the forecastle below the .'.
water line. We were in the boats
about an hour.
"The ship seemed to settle by the
head and we decided to stand close
until the help which we had summon
ed by wireless arrived.
While none of the men saw a sub
marine, the chief engineer believes ha
saw the wake of a torpedo to star
board.
'The effect of the shock when tho
torpedo struck the ship was to Btop
her suddenly. There was a percepta
ble interval between the shock and the
explosion.
'We started to return to Liverpool ,
about 10:30 o'clock and travelled ,
about 8 knots an hour. The vessel
was about 12 feet lower by the head!
than normal, owing to the water In
the holds. The damage to the upper
sctructure was so severe that evidently
the shock was terrific.
"Great derricks were torn away and
thrown across the deck smashing part
of the deck rail. Strong steel girders
were blown out and some cast over
board. In the deck flooring near the
hatches there are two large holes
showing the naked girders, two of
which were torn in two by the blast.
The bunks occupied by the boat
swain and two quartermasters all In
jured are a mass of wreckage and
the wonder Is how they escaped more
serious Injury."
Washington, May 28. Secretary
Bryan said today that only incom-
plete reports In the damage to the Ne
braskan had been received and that
nothing would be made public until
experts who were examining the ship
reported. Department officials said
there would be no unnecessary delay
In getting the facts.
Washington, May 28. An Ameri
can naval attache from London has
been sent to Liverpool to examine ths
hull of the American steamer Ne
braskan which was damaged off. ths
coast of Ireland.
Consul General Skinner has sent ths
following statement to the stats de
partment:
"Green, master of the Agierican
steamer Nebraskan, In wireless to ma
via. London report: 'The Nebraskan
passed Fastnet rock Tuesday at 4:12
p. m. from Liverpool bound for Dele
ware breakwater In Ballast.
"'At -24 p. m. when ths steamer
was about 42 miles west, half-south
of Fastnet, we experienced ft violent '
shock, followed by a terrific explosion
which brust the hatches, throwing
1. -.tch beans, cargo derricks and twist
ed Iron Into the air, filling ths lower
holds forward with water.
" We Immediately took to ths
boats. After standing by for an hour
we returned aboard at 10:30 and start
ed back to Liverpool. About 1:25 ft.
m. we met two vessels which had
been vent by the British admiralty in
answer to our wireless calls. One has
been In attendance ever since.
"It was dusk when tha explohloq
oceurrd. The American flag was
taken down five minutes before ths
explosion but the name of ths vessel
was painted on her sides In Utters sis
feet h'gh.
" 'There was no warning and I saw
nothing.'"
Ambassador Page sent the follow
ing: "Ths admiralty has received ft re
port from Queenstown that ths Ns-
braskan Is now on her way to Liver
pool under her own steam and under
escort I am sending a naval attache
to Liverpool to examlns ths ship,
which it now appears was bound from
Liverpool to Delewmrs breakwater,
when she was torpsdosd."
A messa ( from Consul Frost at
Qussnstown said that ths ship was
struck by a mlns or torpsdo, but hs
gavs no details.
As soon as ths dispatches wsrs f
eelvsd st ths stats department thr
wars forwarded to ths whits houa
an Immediately placed befors ths
prsldtnt. Pending vsoslpt of elwirr
information no action wlU bs taksn.
I