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fl ' ( A 4 i WEATHER FORECAST. THE GAZETTE-NEWS Has the Associated Frees Service. It ta In Every Respect Complete. -Member Audit Bureau Circulations, VOLUME XX NO. 150. Ivangorod Taken, Fall of United and SemiAmtonom of Germ ARMIES OF GRAND DUKE BATTLING AGAINST VAST ENVELOPING MOVEMEN T Seeking to Evade Closing Ger man Nippers, Grand Duke Withdraws to the Right , Bank of Vistula. , GERMAN GOVERNOR OF WARSAW TO BE NAMED Believed Germans will Settle Down to Trench Warfare If Successful in En veloping Move. Vienna, 'Aug. 6 The occupa tion of Ivangorod yesterday by the Austro-German forces has ben announced in an official tel egram from the front. j London,; Aug. 6 With the vrreat Russian 'fortresses of jlWarsa ir and Ivangorod captur jed and with the fall of Riga, capital of the Russian Baltic Provinces imminent, the Aus tro-German onslaught in the east has reached high tide and the next event will be the Ger man emperor's triumphal entry into the Polish Capital . This event is likely seen to be followed by the pronouncement of aunited semi-autonomous Poland, embracing not only the territory wrested from the Rus sians but also the Austrian crownlandof Galicia. Meanwhile the Russian ar mio3 are fighting their way backward toward Russia prop er, inflicting blows on their pursuers wherever posible and trying to fend the Teutons from ; the railways tp the. north and ; south of Warsaw in order that the ends of the German nippers may not meet and thus bring ring disaster to the Russian armies. , - - , The position of Grand Duke Kicholf armies is a matter of olicitul as the occupation of Warsaw is believed to be the preclude to an attepmted envoi opment of the retreating forces. ' Petrograd reports show that i the Grand Duke had retired to the right bank of the Vistula at both Warsaw and Ivangorod, destroying bridges and contest ing the German advance across the river. The occupation . of Warsaw has centered attention on a se ries of important events which ure now being arranged. Tho first is the selection of a Ger- man governor for the conquer' ;ed territory. Reports indicate ' that the appointee will bo a German Prince, possibly the Bon of the emperor, or an Aus trian archduke, who will be vested with an authority akin to thnt which Napoleon con ferred on his brothers and mar shals as lings of occupied ter ritory. . Wwlin. xcyorts that a council Qmmmmz . . .. Shells of Americans Frighten Haitien Rebels Washington, Aug. I . American forces are maintaining quiet at Cape Haitien, Haiti. The battleship Con necticut, after , landing marines at Port-au-Prince arrived at Cape Hai tien, the latest center of revolution ary activity. Dr. Rosalvo Bobo, with his troops tried to enter Cap Haitien yesterday. Admiral Caperton reports, but several will meet Sunday to formulate a proclamation declaring Pa- land to be a semi-autonomous state under joint Polish and Austro-Hungarian rule. This conforms with the recent decis ion of the Polish congress at Piotrkow, which provided for a joint Polish army and full Polish autonomy as was consis tent with the stragio interests of Austro-Hungary. "w The German" offer of autono my is regarded as a bid for the support of the population of Poland as against a similar de claration of Emperior Nicholas proclaiming Polish autonomy under Russian Suzerainty. The outcome of the event at War saw will probably determine the political status of Poland during the war. ; What the Germans will do next in a military way after at tempting the completion of the enveloping movement is a mat ter of speculation. If the cam paign against the Russians is not energetically pushed there is possibility of the present vic tory being undone, and if the offensive in the east is continu ed the Germans face the dan . . . ger of a wnter campaign m Russia. Consequently it is thought the situation may' re suit in a compromise with the Germans withdrawing part of the armies from the east and secure the defensive positions secure he defeisve posiiioss in to which they hve dug them selves. Yesterday and last night Ba varian troops unedr Prince Le opold broke through the forts of the outer and inner lines or. the city's defenses, where the rear guard of the Rusian ar mies had made tenacious re sistance. Continuing the report issued by headquarters eays. "The German armies under General Von Scholz'and Gener al Von Oallwitz advanced in the direction of the road be tween Lomza and Ostrov and Zyazkov, fighting a number of violent engagements. The buve and desperate resistance of the Rusians on both sides of the road between Odtrov and Rozan was without success. "Twenty-twd Russian offi cers and 4840 soldiers were tak en prisoners hero. The Germans also captured 17 heavy guns. "German cavalry yestcrdny and the-slnr before defcatod inJL. ASHEVILLE N. 0., shots fired from the TJnlted States coast survey yacht Eagle frightened them away. The commander of the gunboat Nashville seat a warning to Bobo that If he returned with unfriendly Intentions he would be fired on. Cape Haitien is clear of armed troops and of the revolutionists and a movement has been started to form a native committee of safety. Courland a detachment of Rus sian Cavalry at a point near Czenaize, Birsohi and Omskez lity. A total of 2225 Rusian Prisoners was taken " ine situation near ana north of Ivangorod remains un changed. ' ' The campaign is being con tinued between the Upper Vis tula and Bug rivers. German cavarly has entered Wladimir Wolynosk on the Bug. - "In the Vosges there has been a new engagement near Lingkopf." ! From the beginning of the war the salient In the Russian line formed by the band necessary to Include Warsaw and a large portion of Poland had been a thorn in tho flesh of the Rus slan military authorities. They show ed this by their desperate movements to straighten their fighting front Simultaneously in East Prussia on the north and In Galicia on the south, the Russian armies began to push for ward. Twice In East Prussia they were swept back, but before last win ter set In they had succeeded tn press ing .their way through Galicia, and were neartng Cracow, which is almost directly on a line south of the Polish capital. In the spring, however, after Prxe mysl had fallen Into their hands and they were threatening the German border and an Invasion of Hungary, rsme the organized Austro-German movement which recaptured the great Austrian fortress and swept the Rus sian lines back further east in Boms' sections than they had been early In the war. The Warsaw salient thus exposed hazardously from the south was additionally threatened by the German advance in the Baltic prov inces. The first determined drive against Warsaw from the west occurred last October. Within a short time the German advance guards penetrated to within nineteen miles of the city, Russian reinforcements from Galicia were brought up and the Germans swept them back to their borders. . Shortly afterward a second attempt was launched from the same direc tion, and a great battle developed along the .rivers Warts, and Vistula, which turned In favor of the Russians. Later pitched battles were fought around Lods, which the Germans cap tured on December .. Another at tempt at Warsaw occurred In Ibru ary, after the Russians had for tho second time been driven out of East Prussia. This time the attack came from the north and Field Marshal von Hlndenburg's forces reached and captured Prxasnysx with 10,000 pris oners February 26. Three days later, however, the Russians recaptured It, snd put the Germans on the defensive. ANOTHER REVOLUTION DISTURBANCE IN HAITI Wsshlngton, Aug. . A new revo. . .. . i . i....kanM . nnnBu . .z.zz'j 7,;:,.. .rj:; Rear Admiral Caperton, and he has dispatched the naval tug Osceola with forces to protect the customs houss. The admiral today reported ths oe enpatlon of Fort Nacionale, Port-au-Prlnoe by American forces, without resistance. American marines are quartered In the barracks. Col. Cole is In command of the marines who were landed from the hettleehlp Con necticut and la In military charge of the tnwn.Capt Beaoh has been as signed to have charge of civil af fairs. A session of ths Haitien parliament for the selection of a president has i V Mt lag B'iB'ti FRIDAY AFTERNOON, AUG THE M'GOY CASE United States Attorneys' so Far Unsuccessful in Secur- ing Removal of Defend ant Without Hearing. COUNSEL DELIBERATE ON THEIR NEXT MOVE Federal Authorities May be Forced, to Introduce Evi dence on Original War rant to Show Cause. TTp to noon today the federal gov ernment has failed In its attempts to secure tho removal of the Thomas C. McCoy case to Fort Smith for trial without presenting evidence here be fore United States District Judge Boyd to show probable cause for jury trial of the defendant. At 10:80 o'clock this morning the attorneys in the case continued their arguments before Judge James J5. Boyd in federal court In regard to the afleged technical irregularities In the bill of Indictment. United States At torney Hammer' admitted that there wag iome forca In the claim that the indictment did not show a complete record of the proceedings' conducted at Fort Smith when the bill was re turned charging the defendant with conspiracy to defraud the government But he stated that the district attorney Who conducted the Investigations against the alleged conspirators in the distillery business was In court and that the affidavit signed by the attor ney would be offered as testimony showing that the bill was regularly returned by a grand Jury after the ex amination of witnesses. "A Mere Scrap of Phpcr." Judge Boyd held that Insufficiency In such an Indictment could not be supplied by such evidence; that It should have appeared in the paper Itself; and that with this omission from the instrument his honor said that to borrow a current ahrase, he was Inclined to consider the bill a "mere scrap of paper". He called at tentlop to . the seriousness ' of tho charges against the defendant and stated his conviction that the certified copy of tho bill of Indictment on which removal was sought should be complete evidence in itself showing; probable cause for the trial of tho defendant He told the government attorneys that If they desired tn con duct a preliminary hearing before him he was ready to hear the evi dence. This, however, la the alternative that the government has been trying to avoid, not wishing to "show Its hand" If probable cause can be shown In any other way. The federal at torneys asked for time to consider the cause further. This was granted ana the court in the meantime heard argu ments on a motion presented by the attorneys In the Grandin Lumber company proceeding. The government will probably an nounce Hs next move at the afternoon session of the court. 1 Yesterday Afternoon. Testerday afternoon the attorneys continued their arguments before Judge Boyd as to the alleged defects In tbs bill of Indictment returned at Kort Smith. The governments coun sel argued that certification by the clerk of the court was sufficient with out the name of the federal Judge ap- nearlnf on the copy of the bill. The defense contended that such pro. red nre was contrary to the rule and custom In federal proceedings. Intimating that he might consider the bill properly certified Judge Boyd asked the attorneys for their views as to the completeness of the record contained In the bill of Indictment. M. - . Y. I m M Ik. Kill tn ahnv ' i. i. Al.lm.il that rrltnd lurv mmm HOT rji" r ,w .1 ..r.:th.t tn. .nnui a m. North examined as to the charges. On mis: l k .llnrnni for th MVern- L ...hi. tn BRtl.fv his hon- or who remuded the federal repre sentatives that they still had the privilege of showing proname cause of removing ths defendant for trial by offering testimony on the origin al warrant. - The prosecution asked for time to further consider the form of the bill of IndMment and for purpose Judge Boyd adjourned court until this morning at 10:10 o'clock. Appearing for the government are United Rlatea Attorney W. C. Ham i (Continued en Page Thri UST 6, 1915. THE THYE EASE YET UNSETTLED r sesaaaeasBsjaaaaassj The Latest German Note Again Contends Germany Had Right to Sink Ship and Justifies Course. MATTER MAY GO TO THE HAGUE CONVENTION American Importers Will Meet to Consider Restriction of Neutral Commerce and MayUrge Protests. Washington, Aug. . The contro versy between the United States and Germany over the 'Sinking of the American Balling ship William P. Frye remains unsettled with the pub lication of the latest German note which again Justifies Germany's course and reiterates a willingness to make reparation. , The reply to the last Americans rep. resentatlons In which Germany Justi fies the sinking of the Grye adheres to the previous contention that the sink ing of the steamer was not in contra vention of the terms of the Prussian American or international law. Should the United States allow the controversy to go to The Hague for Interpretation of the treaty or if there is a continued discussion of the issue through diplomatic channels, it la vir tually certain that Washington will in sist meanwhile that Germany refrain from further violation of what the United States contends are neutral rights. Importers Acting. New ork, Aug. 6. A general meet ing of importers Interested in obtain ing German goods in America has been called for next week to consider the British notes regarding the deten tion of American ships and cargoes by the British government It Is reported that the Importers wfll ask President Wilson and Secre tary Lansing to make a strong protest against the British government's atti tude. Counsel for the American Im porters association say that organisa tion will probably meet also next week to consider the same subject Regrets to Norway. London. Aug.' O.-r-A Reuter's dls-' patch trom Christiana asys: "Germany has Informed the Norwe gian government that the sinking of ths Norwegian steamer Minerva waft due to unfortunate circumstances which led the German submarine commander to believe' the vessel was British. Germany expresses deep re gret for the action and willingness to pay damages." T With Exception of One Week There will be Six Weeks of Court. Superior court for the trial of civil cases will convene here next Monday morning at 10 o'clock for a session of three weeks, with Judge B. F, Long of Htaietvllle presiding. This term of court was scheduled to start on Mon day, August Z, but owing to the fart " T .. - "1, "W "r, 1UV. uui.ir,i mwm Judge Long to move the court up one week, which he did. Immediately following' this term will come another term of three weeks for civil cases on Monday, August 10 Then with a rest of one week a term of threo weeks for criminal and civil cases will convene on September 17 Then with week's rest a term 'of three weeks for civil esses win con vene on October 15. A two weeks rest will -ome between the ending f this term and the beginning of the next which oonvnnes on November 12 for four weeks of civil court Ty; .. ..... - , . . ... . -;. . RMa lmmmefz; SUPERIOR C CONVENES MONDAY is Poland FINAL PLEA TO GO TO Proposal Adopted by Lawyers In Session Here Senator Root's Views. It Is generally regarded among law yers that one of the most Important resolutions presented to the North Carolina Bar association at the con vention that closed here this week was the pr oposltlon to increase the num ber of the state Supreme court Judges to senven, allowing only five to sit at one time on a case. - In offering this measure to the as soclafeibn, which almost unanimously endorsed the measure, A. L. Brooks of Greensboro declared that the court as at present constituted was most of the time burdened with more work than Bhould be placed upon any re sopnslble body. With two Justices al ways free to study their eases and rest it Is argued that the court can remain In session more continuously and ac complish more work without taxing the strength of the Judges. . General Theodore' Davidson of this city opposed the resolution, declaring that the true remedy was to do away With the custom of having the Justices give at length their reasons for any and all decisions of the court. But while granting the merits of the brief reports in the old English law courts cited by General Davidson many of the attorneys believe that the Supreme court decisions as at present handed down are invaluable sources of infor mation both to lawyers and laymen. It Is pointed out that the oplnlji.it, where Important, are quoted in the newspapers and thuu become of great value in educating the average citizen as to his rights and of keeping him free from that ignorance of the law which is held by the courts to be no excuse. Mr. Brooks read a letter from ex Senator Ellhu Root, prebldent of the New York Constitutional convention, as to the workings of this plan in the courts of that state. The letter follows: "I have your letter of June 24 mak- ing inaulry about our Ne r York plan of having our Court of Appeals com- posed of nine Judges while only seven : are allowed to sit at any one time. We have a similar provision . regard-j II SOL 1 JUSTICES Z rZotZ co" - to end three year, of in the first department which in-i Iiih V. a nttv nf Maw Vnrlr Thnt In and is composed of seven Judges, while only five are allowed to sit in any one case. This plan was Intro duced by our constitutional conven tion twenty-one years ago . when I was chairman of the Judiciary com mittee and I have taken great Inter est In It It seems to me to have been an entire sucrss In both courts. It has greatly Increased the effective capacity of the court without destroy ing Its homogeneity, as is the ease when the court sits in two divisions. In the Court of Appeals, where there caVe-ch J'haT'twotnlnih; of the time off the bench to study his case, write opinions, and rest and in ths Appellate division each Judge i two-sevenths of the time. The has result Is that Instead of the court tak ing a recess every ' little while to write opinions, It sits continuously except for the summer vacation, and the Judges are always reasonably fresh. I have heard of no one In the present convention who exhibits a wish to revert to the old system." ITpon the adoption of the resolu tion President J. Crawford Biggs named the following to carry the proposal Into effect: President Louis M. Bourne of the Ashevtlle Bar as sociation, A. L. Brooks of Greens boro and 11. F. Powell of Carthage. SPECIAL TRAINS BRING WESTERN TOURISTS Tourists from the west to ths num ber of about 100 are arriving today In Ashevllle to spend II days In this city and the mountain resort region. A special train from Bt Louis and Louisville is being , operated In two sections, each consisting of nine cars. The first section resrhed' Ashevllle at 1:11 o'clock and the other section was scheduled to arrive at 1:11 o'clock this afternoon.. CLOUDY. PRICE 2 CENTS i Plan MEXICO Pan-Amercan Nations will Giv( Factional Leaders One More Chance to Com pose Differences. APPEAL ESPECIALLY MEANT FOR CARRANZA Program of Action to be Per. fected by Conference and ' Submitted to All Pan American Nations. Washington, Aug. 6. The confer, ence between Secretary of State Lan sing and the six Pan-American diplo. mats whose co-operation was sought by President Wilson In his plans for restoring peace in Mexico was con tinued today. No announcement will liely be made until the conclusion of the series of conferences which began yesterday and the program is prfectd . ; When a plan of action has ; been agreed upon It will be submitted t all the Pan-American nations for ap provol . . - ... : . , t .t is considered likely that one o the first result will be a final ftp peal to all the Mexican faction lead ers to accommodate their differnces) and restore peace. This aDDe&l will probably be sent within a few days and will be intended especially for. Carranza who has declined to partici pate in o peace conference. ' Villa and other leaders have Indicated a will ingnes to participate In such a con ference. It was disclosed that ' President Wilson has been In correspondence with the executives of the Latin American nations who have used that the United States toke the lead In a strong position toward Mexico and inl this Informal way have pledged their support to a Pan-American concert of action. ; Yesterday's conference was given over almost wholly to hearing a re port of conditions by Paul Fuller, who spent several months in Mexico - V waT "unad "he n - t-( iimi - i ! ground work was laid for further ac- j tlon tomorrow when the conference will be resumed, which will constl- , Itute the first of a series of a succes- revolutlon and chaos. No action was agreed upon and It tlon was " 'fc ihviiiiuiivui x laiiuy lb the Intention of the conference to exhaust peaceful means to bring the Mexican factions together. r fol lowing closely what has been "the ad ministration's policy from the . first and to make it clear to the world that there Is no object other than the preservation of the sovereignty of Moxtco and to save the distracted country from Itself. At the conclusion the Latin-American diplomats uniformly stated they had accepted the Invitation with the stipulation that discussion should be K' Unt Pro.m had bee. ' point upon which there seem j I Tl rpe,m"" M ht..th're be " Prolonged dip. ed to be unanimous agreement wag uiimuv wun ienerai car ranxa os there were during the Niag ara conferences. The message which will go to him will be delivered by American Consul Sllllman at Vera Cruz who, under definite Instructions from Washington, will Insist upon an answer within a stipulated time. General Car ranxa will be asked to lay down his arms and Join with his m4 versarles. In' establishing a . govern ment which the United States will recognise. The leading powers of the world, now awaiting the American government's action, are prepared te follow the lead of the United States, The message to Carransa will pre sent In a firm fashion the resaons why he should adopt the course out lined, r It Is not clear what will be done If Carranse dcrUnes the offer. SOUTH CAROLINA MAYOR SCWKlUi BKOKKX ATtM Returning from the golf links yem terday In the golf tournament at the Country club, Col C. B. WeM,. mayor of Greenville, B. C, fell In th lobby of the Country club and suf fered a broken arm. He wee at given medical attention and It stated soon afterward that he ..lesUng as well as oould be :-. 4.
The Asheville Times (Asheville, N.C.)
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Aug. 6, 1915, edition 1
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