The Weather Today: I’SSSSSSffi FAIR. The News and Observer. voi. LIII. NO. 58. [L@gnD© ®DD RtotFttOo ©sTOODon® STILL PROBING PRES. MITCHELL A Quiet Day Compared to Previous Ones. ARBITRATORS TAKE PART Commission Growing Restless Under the Long > Drawnout Cross-Examination of the Lawyers—President Mitchell Shows Weariness. (By the Associated Press.) Scranton, Pa., Nov. 18. —Mr. Mitchell, for the fourth successive day, occupied the witness stand during the two ses sions of the Strike Commission and was cross-examined by three attorneys for as many coal companies. While a con • siderable amount of information for the enlightment of the commissioners was brought out, the day was a rather quiet one, compared wth those which have pre ceded it. The arbitrators are growing restless in consequence of the long cross examination which, apparently does not bring out the facts as fully as the com mission woufd like to have them pre sented. Several times during the course of the day’s session, Chairman Gray re minded the attorneys of the value of time and suggested that cross-examina tion be limited to new features of those questions that already have been gone over. The lawyers assured the Com mission that they, too, were anxious to expedite matters and would do every thing possible to hurry matters along without injuring their own cases. Mr. Mitchell has been on the stand since last Friday morning, and is showing signs of. weariness from the strain of four days of cross-examination. Thus far his attorney, C. S. Darrow, and David Willcox, for the Delaware and Hudson; Wayne fe. MacVeagh, for the Erie; Francis I. Gowan, for the Lehigh Valley, and W. W. Ross, for the Dela ware, Lackawanna and Western Com pany, have examined the miners’ presi dent. The commissioners today, for the first time, entered into the discussion with the lawyers and the witness over disputed points, which rose from time to time. Mr. MacVeagh. who began his cross examination of Mr. Mitchell on Satur day, concluded at 11 o’clock today. The distinguished attorney centered most of his energies in trying to break the miners’ reasons for asking for a yearly agreement with the companies on hours of labor, wages, and other conditions, which, if made, would be recognition of the union. Mr. MacVeagh's principal aim throughout his questioning of Mr. Mitchell was to show that the Mine Workers’ Union, because of alleged acts of intimidation, violence and the use of the boycott by its members, proved it self to be a party to a contract. Mr. Mitchell would not admit, nor even as sume for the sake of illustrating points that a reign of terror existed in the 'anthracite fluids during the last six months. The recognition of the union is looked upon as the most important ques tion before the commission, and it is quite evident from the trend of the pro ceedings thus far that the companies will oppose it to their utmost ability. Mr. Gowan and Mr. Ross questioned Mr. Mitchell principally regarding con ditions existing at the collieries of the companies they represent. These ques tions were more or less technical. Mr. Mitchell’s answer, as a rule, differed very little from the reasons given in his preliminary statement to the commis sion for improved conditions for the union workers. Interest in the proceed ings is not waning. The barge crowds "which have been wedged in the court room in the preceding days of the hear ings, were in evidence. Neither is there a falling off in the attendance of at torneys, most of whom, there are al most two score present at each session. Before proceeding to the examination today, John Linehan, of Wilkesbarre, one of the attorneys for the non-union men who want the commission to take up their ease, handed to the commission a list of 2,000 names of non-union men as his authority for appearing before the arbitrators. He did not wish the commission to make the names public at this time, but as Chairman Gray said e\ erything filed with the commission re public matter, the names were unoffi cially handed in and were not given out for publication. He also filed a state ment of the non-union demands. Mr. Mac\ eagh read a statement re garding the right to strike as belonging to the personal freedom of workingmen. He also took the view that in exercising that freedom those who cease to work must not interfere with the liberty of others who wish to work. “We do not want anarchy." said Mr. Mitchell, ‘‘and that is anarchy pure and simple—the right of every man to do ab solutely as he pleases regardless of its effects on society.’’ ‘’This is the language o? a very care fully disguised anarchy,” Mr. MacVeagh remarked, “because it is the language of Archbishop Ireland.” “Archbishop Ireland never expected it to be used in that sense. I might say Archbishop Irelenad is a member of a committee of which I am also a mem ber which has declared for a trade union idea." ( Answering a further question, Mr. Mitchell declared that if Archbishop Ire land’s statement meant that men have no right to picket, he disagreed with him. Mr. Mitchell added that he did not know that the archbishop was regarded as a supreme court on trade union mat ters. Replying to Mr. MacVeagh’s ques tions regarding union men belonging to the National Guard, Mr. Mitchell said no local in his union had ever expelled a man from the union for belonging to the guard, and that no national labor union of any kind ever had done such a thing. Francis R. Gowan, representing the Lehigh Valley Coal Company, followed Mr- MacVeagh and questioned Mr. Mitchell regarding his comparison of wages paid in the bituminous fields as against those paid in the anthracite. Mr. Mitchell was unable to say how many mines are so equipped as to enable them to weigh coal, and he did not think the expense of equipping them would be very great. Mr. Mitchell, answering further questions by Mr. Gowan? reiter ated his former statement that one us the principal grievances of the men wa3 the amount of “topping” required on each car. For the first time during the session, the members of the commission then en tered into a general cross-examination of the witness on points which the prev ious testimony had not brought out. Replying to Bishop Spalding, Mr. Mitchell said that operators could form a coalition and stop the mining of coal throughout the United States. Commissioner Watkins thought the law would prevent the operators doing that, by reason of their incorporation, but Mr. Mitchell said that they had the right to shut down their mines. Judge Gray asked the witness if his society did not depend, after all, on the old economic truth that all great forces, which tend to uplift and carry on social advancement and civilization depend upon the average desire of the Individual to better his own condition and to work for wages; and upon the desire of a man who has property to utilize it and get an income from it. “I think that probably Is true,” was Mr. Mitchell’s response. Judge Gray: “If you can imagine all men ceasing to work at once the whole social machine would stop?” Mr. Mitchell said: “Yes.” Commissioner Wright asked “Do you consider it justifiable for the employers in a certain district in order to resist the demands of the labor union, to paralyze that industry to any group of industries?" “No, I do not think it is proper,” Mr. Mitchell replied. “Would the same answer be made if I should substitute unions instead of ‘employers?’ ” “I think in either case," answered Mr. Mitchell, “some other avenue of ad justment than the paralvzation of the industry should be sought.” Mr. Mitchell, answering Commission er Wright, said the United Mine Workers did not incorporate because the step was not necessary. An organization, to be come financially responsible, he said, must have a large fund, and this the working people did not have. He said that employers who object to treating or contracting with the union, because it is not incorporated, would oppose treat ing with it anyhow. Commissioner Wright asked Mr. Mitchell what he meant by recognition of the union, and the witness replied: “It means that the employers shall make agreements regarding hours of labor, wages, etc., with the union, and that the union, as such, would be hold responsible for a rigid compliance with these agreements.” The cross-examination was next up by W. W*. Ross, of New York, counsel for the Delaware, Lackawanna and Wes tern, who examined Mr. Mitchell at great length on bituminous mining in and about Spring Valley, Illinois, whore Mr. Mitchell dug coal for a dozen years. Mr. Ross passed to the hours worked by miners, and in the course of a long line of questions, Mr. Mitchell said that on the days the breakers are worked ton hours, the miners are in the mines seven, eight and nine hours. The at torney then took up the question of in crease in wages, and the witness stood by the reasons given in his preliminary statement of the miners’ case to the commission. The commission then adjourned. HEW TRAFFIC MANAGERS Mr. E. L- Cost Appointed by Beaboard Air Line Yesterday (By the Associated Press.) Norfolk, \ a., Nov. 18.—Vice-President and General Manager J. M. Barr, of the Seaboard Air Line, today announced the appointment of Mr. E. L. Cost, as traffic manager of the Seaboard, to fill the va cancy caused last September by the resig nation of Mr. W. H. Pleasants, who be came president of the Ocean Steamship Company. Mr. Cost has been connected with the Big Four system for some time. UTLBY’B TRIAL POSTPONED . He Will be Tried in Fayetteville at February Term of Court (Special to News and Observer.) Fayetteville, N. C., Nov. 18.—In the criminal court here today, Judge O. H. Allen presiding, E.- L. Utley was ar raigned for killing T. B. Hollingsworth, and the case was continued until the January term by request of his counsel. Virginia Corporation Commissioners. (By the Associated Press.) Richmond, Va., Nov. 18. —The Governor, at noon today, named the following as members of the State Corporation Com mission : Beverly T. Crump, of Richmond, Va.. for term ending 1904; Henry Fairfax, of Loudoun county, for term ending 1906; Henry C. Stuart, of Russell county, for term ending 1908. RALEIGH. NORTH CAROLINA. WEDNESDAY MORNING, NOVEMBER 19. 1902. WILCOX CASE WILL BE MOVED After Much Argument the Judge so Decides. THE COUNTY NOT NAMED Will be Some County This Side of the Sound, Perhaps Perquimans, Gates or Cho wan—The Prisoner Pleased at Decision. (Special to the News and Observer.) Elizabeth City, N. C., Nov. 18.—Jim Wilcox was again arraigned in court to day at three o’clock this afternoon. The question as to removal or not was first discussed. Affidavits for both the de fendant and the State were introduced and read by counsel. The first read was that of Jim Wilcox's in which he af firmed he had nothing to do with Nell Cropsey's death, claiming on account r.f public sentiment he could not get a fair trial. Here the solicitor read a counter affidavit> signed by a number of citizens, believing that the defendant could get a fair trial, also an affidavit from five county commissioners believing --e de fendant could get a fair trial. The soli citor read an affidavit by himself, saying from what he knew of other counties he believed the defendant could get as fair a trial here as any county in <.nc district. Additional affidavits by coun sel for Wilcox were read, claiming that on account of the strong feeling and newspaper articles he could not get a fair trial here. A notice found on the ail door some weeks ago, “Get Wilcox out of ail by Saturday night if don't want trouble,” signed “Vox Populi,” was also read. After reading the affi davits four strong speeches, two on both sides, were made. Avdlett, for Wilcox, spoke first, followed by Sawyer and the solicitor for the State, and Bond for Wilcox closed. After the argument the udge decided to remove. After argu ment from counsel on both sides, the de fendant's counsel suggested Tyrrell. The counsel for the State suggested Per quimans or Chowan. The udge decided on some county on this side of the sound. He will name the county later In the week. It is be lieved it will be Perquimans. Gates or Chowan. Wilcox’s appearance today was the same as yesterday. He pai close atten tion to the proceedings. He appeared pleased when the decision for removal was announced. VIRGINIA METHODIBTB. Hot Debate Over Conference Organ--Meet Next Year at Charlottesville (By the Associated Press.) Richmond, Va., Nov. 18. —After a lengthy debate the Virginia Conference of the M. E. Church, South, today re manded to the local ranks the Rev. Robert C. Garland, a minister of six years standing, and without his request granted him a location. No charges involving moral questions were brought against Mr. Garland, who. according to all, is an earnest Christian gentleman, devoted to his work. But it was the opinion of a small majority of eight' delegates that he is not adapted to the ministry. The debate over the case was characterized by one oc two exciting incidents. One of the last things done was the adoption of a reab lution signed by Bishop Granbery, Mr. J. P. Branch, and others inviting the general conference of the M. E. Church, South, to hold its next meeting in Rich mond. The conference also decided to meet next year in Charlottesville. At this afternoon’s session of the con ference there was a heated debate on the subject of control of the Christian Advocate, the conference organ, the question being on the appointment of a committee to provide for bringing the paper more fully under the control of the conference. The matter went over until tomorrow, to which time the con ference adjourned. DEATH OF DR. K. J. POWERS, A Well Known Citizen of Wilmington Passes Away. (Special to News and Observer.) Wilmington. N. C., Nov. 18.—Dr. K. J. Powers, a well £nown citizen of Eastern North Carolina, died here this morning after a brief illness. He removed to Wilmington from Duplin county about a year ago and continued the practice of his profession here. He was 54 years of age, and leaves a wife and four children to mourn their loss. The funeral was conducted this afternoon and the re mains were interred in Oakdale ceme tery. C. and W. C. Road Re-elect Officers. (By the Associated Press.) Charleston, S. C.. Nov. 18.—The an nual meeting of the stockholders of the Charleston and Western Carolina Rail road was held here today. The past year’s business was shown to have been prosperous by the reports submitted. A- F. McKissick was elected a delegate to succeed the late I>. A. P. Jordan. President J B. Cleveland and other directors were re-elected. WANT PENSIONS EOR WAGE-EARNERS Federation of Labor Indulges in Some Resolutions. FAVOR TICKET SCALPERS The Gompera-Snaffer Matter May be Taken up by the Convention—The Committee Failed to Agree on the Fifth Mar. (By the Associated Press.) New Orleans, Nov. 18.-The Committee on Resolutions of the American Federa tion of Labor today reported favorably on a resolution introduced by the Coop ers’ Union asking that the convention protest against a bill now pending in the United States Senate requiring the gov ernment to cease issuing revenue stamps on all packages of malt or brew’ed liquors of the denomination of one-eighth. The report was adopted. A resolution pledging the Federation to use every effort to defeat legislation against railroad ticket brokers and anti scalping bills was favorably reported and adopted. A resolution pledging the aid of the Federation in securing increased pay for letter-carriers was. adopted. The resolutions introduced by Victor L. Berger, of Milwaukee, instructing the Federation of Labor to use its best ef forts to induce the National Congress to pass a bill securing to every wage-work er who shall have reached the age of sixty years without having had an aver age annual income of SI,OOO, a pension of ?1? per month provided that the wage worker is a citizen of the United States and has resided in this country for 21 years when the application for pension is made, were unfavorably reported. After a lively debate tiie adverse re port was adopted, 90 to 85. » The fraternal delegates from England, Scotland and Canada wore presented. Enoch Edwards, the English delegate, made an address. In reply, President Gompers referred to the criticisms made in his annual address upon President Eliot, of Harvard College, “for calling a strike-bt-eaker a hero.” He upheld the position he had taken declaring that President Eliot belonged to the school which believed that mat ters would come right if left alone. The strike-breaker, he declared, was an eco nomic outcast, as much a traitor to the cause of labor as any man who betrayed his country in time of war. Mr. Agnrd, of the committee investi gating the Gonipers-Shafter matter, re ported that the four members had been unpble to agree upon the fifth man. Presi dent Qomners was visibly agitated and upon hearing the announcement, he called Treasurer Lennon to the chair and said: “Up to now I have said nothing re garding this matter, but I now insist upon prompt action. If 21 hours more elapse and nothing is done, I shall ask at the opening of tomorrow morning’s session that (he committee be discharged and that the convention settle the entire af fair.” Mr. Shaffer he would be glad to have the matter come before the .convention as a wuhole. PET BUCK KILLED. Escapes From State Hospital and is Shot Near Auburn- From a friend at Auburn comes the following, telling of a buck being killed there: To the Editor: A few days ago. Mr. A If. Smith, a farmer, who lives one and a half miles from Auburn, killed a deer, a fine buck. He saw tracks in his corn field and soon found him in the woods, where he shot him dead. Why go to Currituck or to the cane brakes of Mis sissippi to shoot big game? This is no “bar” story for Mr. Smith has just brought a piece of the meat here. But, alas, there is another side to this story, and this is, that from the State Hospital comes the report that it is a two-year-old pet buck, which belonged to Dr. James McKee, that has fallen near Auburn. The insane at the hospital were enter tained by the buck, and Dr. McKee hoped to raise' others. The buck was in an enclosure, with a seven-foot high fence, but managed to escape. He was chased, but the last seen of him he was making his way down Mills’ road. Telephone messages and letters were sent out, but without avail, that a lame buck was roaming in the woods, and now comes word that he has been killed. A visitor to the city says the buck was easily approached and was lying down when killed. He was accustomed to having people near him, and had no fear that he was in danger. ' WESTERN METHODISTS MEET. Business Session Opens To-day—The Work of Yesterday. (Special to News and Observer.) Monroe, N. C., Nov. 18. —The Confer ence Historical Society of the Western North Carolina Conference was held to night. The annual address was delivered by Rev. W. L. Grissom, of Greensboro, his subject being “Edueation in the Early Methodism in America.” The eleven presiding elders of the conference have been in session today, appointing the boards and committees of examination for applicants and undergraduates for the next four years. The present committees of examination have been giving exami nations today. Bishop Smith will arrive tonight and the first business session of the conference will be hold tomorrow morning. MRS. MOLINEUX’S FLANS. Goes to Sioux Falla for the Purpose of Getting a Divorce. (By the Associated Press.) Sioux Falls, S. D., Nov. 18.—Mrs. R. B. Molineux today gave out in her own handwriting the following statement: “It is true I am in Sioux Falls for the purpose of instituting divorce proceed ings. I have no plans except that I shall be a resident here for the next six months.” Senator Kittredge, her attorney, has enjoined her not to talk further to news paper representatives. Have Rothing to Say. > (By the Associated Press.) New York, Nov. 18. —Roland B. Molin eux and his father were in conference with their counsel George Gordon Bat tle. At the close of the talk, Mr Bat tle made the following statement: “Neither General Edward L. Molineux nor his son, Roland B. Molineux, nor any other member of the family will make any statement in regard to the report in the press that Mrs. Roland B. Molineux has gone to South Dakota with the pur pose of instituting an action for divorce against her husband. “They regaiVl it as a private matter concerning w r hich no public utterance should be made. General Molineux de sires to say further that all the mem bers of his' family have, at all times, treated Mrs. Roland B. Molineux with the utmost kindness and consideration. This is his last word on the subject.” Mr. Battle said that he had not been retained to defend the divorce suit LUMBER MEN MEET Wants to Adopt Uniform Method of Grading. Kenilworth Inn to ba Sold —Suit Against A‘- lan'a Loan and Trust Company—True Bill Against Edds. (Special to News and Observer.) Asheville, N. C., Nov. 18.—A meeting of Hardwood Lumbermen, called by Secretary Louis Doster, of the Hardwood Lumber Dealers Association of the United States for the purpose of adopt ing a uniformity in grading, was held byre this ‘morning. The meeting was called to order by the secretary. He spoke of the benefits to be derived by the hardwood dealers in adopting a uniform scale of grading. A. J. Gahagan, representing the Loomis and Hart Man ufacturing Company of Chattanooga, was made chairman. . A number of prominent hardwood lum bermen were in attendance and ex pressed themselves as being very much in sympathy with the Appalachian Park movement, and believed that the cutting of timber should be under government control. Joseph M. Gizzam, of Philadelphia, the principal owner of Kenilworth Inn, ar rived here- last night. The Inn, which is one of the finest hotel properties in the South, is to be sold under mortgage tomorrow. The case of J. F. Bottom vs. the At lanta Railway Building and Loan Asso ciation, was taken up here today before Mr. Clement Manly, standing master. The case is in the nature of a petition brought by T. J. Stanford, receiver for the Loan and Trust Company against the borrowing of shareholders in North Carolina, the object being to foreclose the mortgages. The defendants claim that North Carolina law’s should prevail with reference to the affairs of the con cern, and that the mortgages under this law are various, while the receiver con tends that the mortgage laws prevail, as it is in the State that the concern is domiciled. It w’as decided that the evi dence in the case should be taken during the present term of the Federal court in Charlotte. About SBO,OOO in assets arc to be collected in various States. The grand jury of the Superior court has found a true hill of indictment against F. C. Edds on the charge of em bezzlement of $7,000 from James House, a boy injured by a train of the Southern raibvay, and for whom he was appoint ed guardian. A report comes from Rutherfordton to the effect that Moody has declined not to contest Gudger’s election. One of Moody’s attorneys denied the report. To Tap Rich Coal Fields. (By the Associated Press.) Knoxville, Nov. IS.—President J. H. Ellir, of the Knoxville, Lafolette and Jellico Railroad Company, announces ♦ hat his road will build the proposed Oliver Springs and Coal Creek branch from Dosscts into one of the richest coal fields in East Tennessee. Dossetts is on the main line of the Knoxville, Lafolette and Jellico and the Southern railways. Tiie branch of the road will parallel the Southern for a considerable distance into the Coal Creek territory. Price of Sugar Advanced. (By the Associated Press.) New York, Nov. 18.—All grades of re | fined sugars have been advanced 10 points. PE ICE FIVE CENTS. YOUNG WOMAN STABBED TO DEATH The Crime the Work of an Enraged Woman. j. - KILLED AT HER OWN HOME ’ Assailant Boldly Enters the House and Pursued Her Victim to the Kitchen Where the Awful Deed is Dont—-Suspected Murderess Arrested. \ (By the Associated Press.) Rochester, N. Y. t Nov. 18.—Miss Flor ence McFarlin, aged 21 years, a music teacher, was stabbed to death in her father’3 house here today by another woman, and an hour later. Mrs. Lulu Young,..wife of Frank Young, at one time city purchasing agent, was arrested as being the supposed murderess. The woman who committed the deed rang the door-bell of the McFarlin home today and when Miss McFarlin answered it, at tacked her with a knife. Miss McFarlin ran screaming through the hall into the kitchen, closely pursued by her assailant. In the kitchen she stumbled, half turn ing. In a flash her pursuer was upon her and with a rapid slash had stabbed her five times. Miss McFarlin sank to the floor, dying instantly. The murderess fled. The/ only words she was heard to utter were: “She has come between my self and my husband and I’m glad that she is dead.” The dead woman was the daughter of a railroad man. She was a person of refinement and good appearance. Mrs. Young mde no statement after her ar rest. COL SLEMP WANTS ANOTHER COUNT OF VOTE. Republican Candidate for Congress in Ninth Virginia District Entors Court—Wants Products Thrown Out Counted. (By the Associated Press.) Richmond, Va., Nov. 18.—In the State Supreme Court of Appeals today, J. F\ Bullitt, counsel for Colonel Campbell Slenvp, the Republican candidate for Con - gress in the Ninth district, entered- a plea for a writ of mandamus to prevent the State Board of Canvassers from awarding the certificate of eleetion to the Democratic candidate, Congressman IV. F. Rhea, and to compel the county commissioners, of Scott, Wythe, Russell, and Washington counties to count the votes of the several precincts which were thrown out by them, and which, if count ed, the petitioner claims, will change the result of the election in Colonel Slemp’s favor. There was no argument bv any of the numerous attorneys for the peti tioner, with the exception of Mr. Bullitt, and he did not consume more than five minutes The case was submitted to the court and an opinion will be handed down, it is thought, on Thursday next. Congressman Rhea did not oppose the pe tition. nor was he represented by coun sel at the time it was presented. NEOBOHOBOHURT. His Leg Badly Crushed by a Freight Train at Gibsonville. (Special to News and Observer.) Burlington, N. C., Nov. 18.—A negro man giving his name as Ijassitor Smith, from Dunn, N. C., had his foot and ankle crushed by a through freight train on the yard here this evening, and amputa tion of the foot will be necessary. Smith says he has been working in High Point and was beating his way down the road, having boarded the train at Gibsonville. He got off here, and when ho attempted to board the train in the lower end of the yard, missed his hold and fell under the wheels. He was turned over to Dr. Moore, county phy sician, who took him to the county home where the operation will be performed. TRANSFERRED TO RALIIOH- Mr, Leo Denson to b® With the Weather Bu reau Here. Mr. Lee Denson, son of Captain C. B. Denson, has been temporarily transfer red to Raleigh. He is now in charge of the Weather Bureau at Meridian, Mississippi. Mr. Denson is expected here the last of the week, and comes because his father is confined to his home, at the latter’s request. Mr. Denson will be welcomed to his old home with pleasure. The friends of Captain Denson hope that 'he will soon regain his strength and his good health. The Port Royal Property, (By the Associated Press.) Washington, D. C., Nov. 18.—Secretary Moody will make a special report to Con gress as to what disposition, in his opin ion, should be made of the government property at Port Royal, formerly the site cf the naval station. A provision in the last naval appropriation law called for an investigation and depth of nnd the Secretary naturally will not disclose the character of his recommendations un til they have been submitted to Con gress. 'J he Secretary also acquainted himself with the work at Charleston and is ex pected to allude to it in his annual re port.