North Carolina Newspapers

Tl - : aM.Ofose The Weather lor Vsrth Carolina: fHir "1 warmer Wednesday; TtinrMlajr cloudy. 4. Highest tcmcrature, 47 IwtfM, IT; precipitation, . NORTH CAROLINA'S GREATEST DAILY VOLXCIX. NO. 33. RALEIGH, N. C., DNESDAY MORNING, FEB. 18, 1914. PRICE: FIVE CENT? GOREDAMAGESUIT NEAR1NCTHEEND nP P B RB'UMRY iTUPCIITPIfn uptPquibp ni'llQH 1M- IriHRI Till REFUSES TO S GH 4 u it. u. u. ill iiium i iniLn I LiiLU IL i u uiiniii uLnuii in num. 1111 l --- - - . - .i,. ' U- .. : -. . CHOICE ORSEVEN CAUSES SURPRISEf- STRIKE IHOUIRi PAID BY SEfJftT KypflEiiHouiiidiiMie 1 I 7 l.iteIl93;Sri,-' At 4nMH.e4fi Not PredWarnr Words Pa$s Between Funeral Services of Senator iwiMmAmyw to ft t&iiato . . . . . . i i 1 ; Enohla Minrlerl t I i - - f , I'kbUlb IIIIIIUUU tJLl j. 1 , CONTEST WAS LONG ONE At One O'clock This Morning The News Was Given Out Tha The Decision Was Reached By a Vote of Seven Against Five Dr. Hardy Says Still Is Interested (Hy Long lK(an Telephone.) Klnston, Feb. 17- At 1 o'clock morning It was anironnxfd that Up. C. flanks McNalry. of Jimmr. hsd own elected to sue- ceed Dr. Ira, M. Hardy an super Intcudciit of the School for the Fcoble-Mindod. The vole la uudcrstood an being seven for Dr. McNalry, Ave for Dr. Hard)-. Dr. Hardy, lu a statement Im niedlatuiy after the report wan known, said his Interest 111 the success of tlie Institution would not be abated. Session Look Drawn Ont. By Long Distance Telephone. I KmrtoH, -Fet. I. At ft late hour Af the night, with the trustees of the School for the Feeble-Mlnded in ses sion here, no vote had been taken as to the election of a superintendent. The-outside information it thiit there is a majority of out) against the re election of Dr. Ira M. Hardy, the pres ent superintendent. The trustees are in session in the 1 fowl 'Tiiif, ahrl Bt "TftW o'Hoelt:::(hiB 'inTOrfiTW""JocSat(ma---h!ettT-ii- rounced. Besides Dr. Hardy other namr mentioned are Dr. J. K. Hoh- good, of ThomaBville; Dr. C. Hanks er. oi ureepsnoro, anu .nr. tteece, oi Petersburg. , Va. Today these names were first published. Tlie l'.arllor Report. Kington, Feb. 17. The board the North Carolina School for Feeble Minded met; here tonight to elect a tuccessor to Dr. Ira M. Hardy, super intendent. Four men are mentioned for the position. Seven of the twelve trustees ar tippoaed to the incumbent, who is said to torimpnrjtrtar-wltlrthw majorrtyval auDportinft Dr. Hardy. In the cne of a tie, Dr. J. Y. Jcr ' 'iier, 8ialeSuT)eifTnteHtorTrrdiiri tion. ex-ofticlo chairman, will decide, voting probably for Hardy. Doca! Interest Ih Kife. The Chamber of Commerce called th attention of the trustees to a fur-mer -reailutlontMUiBim the. rieHire of that body and the KiiiHton people generally that Ir. Hardy ie retained until he haa had a chance to teat his Hbilitv with litHtitution in actual ' operation. K. X. Cariwrifrht. of Hyde county. B tTUBtee, declare! that tlie opening of the school haa been hindered two. j ears becauoe of the antaKoniHm of a majority of the .board- to Dr. Hardy tor perxonal reasons, LilSIDlET North Carolina Bar Association To Hold 1914 Session at Seaside Resort The 114 annual convention of th 'orth Carolina Bar Association will tueet.at Wriyhlsvill j Jeach. This vnn decided at a meeting of the executive iwMwm-Ut..f,..4U- ao?itnr-w4,-h van held In ItaleiKh, and which wan attended by a number of the mem bers of the committee. Thpfle preg- -it were: A. . McLean, chairman. nmbertoftJirawforfl-- Bitrgtv-- Ha l'srri: Harry Bklnner, Ijreenville; A B. Andrewi..lr., Raleigh; Thomas W. J laviK, W ilniinKton; and Thomas S. Ifcetrlng (ex-oftlcio), Afshevllle. The date net for the meeting Is .lune 29-,luly 1, which will make three days in all, the, llrst session to be held on Monday. Nothing has an yet been done to ward the selection of the opeakera nor In making; out any sort of a pro gram for the occasion. All of this will be left until later. The com mittee having In charge the prepara tjon of the program is considering several speakers and subjects, and it en p posed. that the principal addresti dill be delivered by gome attorney, of more than Statewide reputation. It has jjeen announced, however, that .here is as yet nothing to be given out In regard to the' speakerr or'the ororram. No decision hae been reached as to which of the Wrightaville hotels will b made headquarters' for the convention.. It being considered that this Is a matter of minor Importance at this diatance from "the date for the convention. Z. The mealing; of the asaoITtttion wan held lat year in Asnevttle at tne Bat tary l'ark hotel, and was one of the most largely attended In the history of Jhe jM-Kanlatlom It Jsexpected that the lt14 convention will he a record-breaker. JIHS. JOHN 8. M( KEI-. ' It. will be with deep regret that the many friends of the family learn that Mrs. Beasie l'urnell McKee, wife of City Phyatclan Dr. Jonn 8. .McKee, passed sway at about half past nine o'clock last night after an illness of fourteen weeks. ' Mr. McKee was the daughter of the late United Htatea Judge Thmas K. i'urnell and of Adelia SSerely. Jnis wife, and la survived by her husband and on son and by two ulsters, Mrs. Her bert Drewrjr and Mrs. Robert Ridley and one brother. Mr.-James Pufncll, ail of Norfolk. Va. Tl m E SAY-THEY'RE BEWILDERED Under Impression He Would Not O&ject To Literacy Test. Interesting Session of Com mittee Looked For' today; Senate -Repassed Similar Bill Over Taft's Veto Washington. Feb. 17. Information that President Wilson will veto the immigcittton bill if It in sent to him from Congress with the literacy test provision, today amazed members of the Senate Imtnigrntion Committee. Many oi mem confessed tohlght that they were bewildered, inasmuch aa they had determined to retain the lit eracy test in their draft of the Immi gration measure, us It. passed the Houwe, under the impression that the fresident would accept the bill if it passed the Senate. An Interesting session r f the committee Is looked for tomorrow. Two week.1! ago the committee di rected Senator Hmlth. of South Caro lina, chairman, to consult with Presi dent Wilson on immigration . legisiar tion. It was said today that th rncmlwr eseclally desired to learn whether the veto power might lie di rected at the literacy provision of the Uurnett bill. Some of the Senators were inclined to the belief that It would be a wasie of time to take up consideration of immigration reform at all If the restrictive Utenury t-t tantittronld- Ifrft 33-yegfceojrt-ted.10. thttLjirGVislon ...nsjt.line!h;lai form of restriction, had voted for It twice before and felt constrained to insist upon It again, hift they did not want to waste the time of a buv of immigraOon -' legislation i-fniling again under the executive axe. Senator Smith reported that whilo the President did not look upon the litoraey teat with fai.orTh..wmjld, Stte'O,, tne mil n it passed tne senate, i p on that basis the. committee went to work. Now the members are In dined to stand by their guns despite the President's attitude, certain that the measure can pass the Senate and not at all sure that It migat not re pass both houses by a two-thirds vote ovw-the head. o.-th8Erlde,llt, The Senate repassed a similar bill over President Taffa veto, but It failed In the House. .::.i;f TWO FEATURES AT THE CROATAN CLUB SMOKER Miss Zona Shu 11 Sans; Over liong sauue and M.r. lien net t . . Perry ManipulHtcxI I'lllpplno Dummy Hjrure. ISpudsI 6 Tlis Newi iud Oiscrrn.t Henderson. Feb. 17. Two events at the smoker of the Croatan Clu! . the progressive social organization of Henderson which were among the en joyable features on Monday w-re of special interest. One of these was that a young lady of Raleigh, Miss Zona Shull. of St. Mary's School, who was visiting at the homei of Dr. and Mrs. Hubert A. Royster. in Rnlelgh dang Into the telephone and was heard by a delight ed group 4n the club rooms, her voice carrying perfectly over the regular' lines, the sound niaguiiled by the large special annunciators in the duo room, installed by Mr. F. C. Tocple mf.n, of the Ilo.ne Telephone ami Telegraph Company, who was chair man of the Croatan Club entertain ment committee. The other event was one prepared by Mr. Bennett Perry, one of the club members. There was given many local hits by moans of ,i dummy figure, the Jaws, arms and hands be ing worked- by- electricity, a telephone annunciator within the machine giv ing the impression that the dummy figure was talking. This arrangem.nl was the same as that in the now noted Carabao dinner In Washinrton, hence the name of the Filippino given - -the figure. wets- admirably handled by Mr. Terry and the locnl criticisms added to the merriment. The evening was one of surprise after surprise, no one but. the committee knowing "what next" on the program till it was" taking place, tlie entire program making a hit. REVENUE CUTTER TOWS IN DISABLED SCHOONER The llayard Hopkins Picked I'p Ten Miles Moot h of Diamond Klioalu Sunday Mght. ( Sited tl to Tin XtJ u.J Oblfrwr. Morehead City, Feb. 17.- With loss of sails and with spars and steering gear damaged, the three-masted schooner, Bayard Hopkins, was pick ed up ten miles south pit Piamoiyi Shoals Sunday night by the revenue ratter. Hemrnrde and brought in port here today. The boat had been dis- aided Blnca Friday night and was without water and had very little food. SKeTVad a cargo of luirdier consigned to Hilton Dodge Company, New York. She left Wiggln.1. R C, Januaryf 20. One of the crew, who was badly In jured, was carried to the local" hos pital this afternoon. The damaged boat Is being repaired while waiting tor oraers from its oyner. FIVE MEMBERS CREW ITALIAN BARK PERISH Captalii ajiil Vtmr seamen fose flictf IJves When Vessel J Vt'rerked On Cape Cod. "Wellfleet, Matw., Feb. 17. -Captain Varva and four seamen of the Italian, bark Castagtm perished when their vessel was hurled onto- the outer bar of Cape Cod before dawn today. , The first mate and seven sailors were res cued by life savers, one of whom, captain loom, oi tne i.'anoon'a Hoi low life saving station, was badlv in jured by the overturning; of the tut! boat. The skipper of the CastaKnn was washed overboard, three men were frozen to deatht in the rigging and one died in the surf boat on the way to shore. The loss of life vu the largest In a wreck on Cape Cod la year. vestigating Strike AS TO HEARSAY EVIDENCE Republican Representative Ar gues That Testimony Should ( Be Expunged From Record - and.43T0cratic-Chairman Charges Him With Trying To Discredit Committee Hancock. Mich., Feb. 17. Chair man Taylor, a Democrat, today re fused to entertain the motion of Rep resentative Kwitzer. a Republican, that hearsay testimony by striking miners reanrdlmi alleged violation of con stitutional rights of citizens be ex punged from the record. Debate on the question grew acrimonious. Mr, Taylor charged that Mr. vvit7.er wn attempting to discredit the work of the committee by taking the position that it had no authority to make a full investigation. "You can oblect as much as you Dlease." Mr. Taylor exclaimed, "but if you object to an Investigation of the conditions here, you ought -nut to be on this committee. Mr. Pwitsor defiiF! he objected To an investigation, but he insisted thttt a limit should be lixed so that every thing offered could not lie admitted Into the record. halriiianV Slulemenl. 'As i bait-mutt "of . tiis.. committee. representing tin- Democratic majority in tlie Uitr Mr. Tayi-jr-said. "I will sav-that anything .that KQea into the record will i!o buck to ongreBs. W'e were sent here to investigate con ditions with m view fif. providing rem anything that might. UirowTJRnt fttf theinKnTrtnrnrwwnf','Tir mow-ty criticised "Do I tinderst.ind yon to say that this is a pnrtiNun committee and that hii.iii.ji-.ii.ij-iS.s:in Investigation?" in- quired icepresentative iioweii, -imy other Republican member "No." the chairman replied, "but when a minority member tries to dis- fiedlt the committee by saying it 1: exceeding its proper limits it is tints for the majority to take decisive ac tion." Mr. Howell feiiid the experience "oT nUiiie had shown "that "the ftfKg of evidence afford the best means til Of.iidiwtWitr tit ravestigatlon of thu ehKrarrer: 'Mr. Swltxer has a right to ask to have anything stricken out, Mr. Tay lor said, "and his objection willv ap pear In the record. "Should it h't be striken out be cause l ask it " Mr. switzcr aaaeu. 'Si'," was the- reply. Beginning of Trouble. The discussion arose while Waino Wyreno, a striker, was giving testi mony as to a raid in which member of the "Citizens' Alliance." acting as a sheriff's posse, raided the Western Federation of Miners headquarters at South Range following the shooting t a deputy sheriff, whohad been searching It for arm's. The witness said he was beaten by a man who was described by. others as a deputy sheriff. Mr. SwiUer asked that this testimony be stricken out because tho witness personally did not know his assailant was n deputy. Allan F. Itees, a mining company attorney, said assaults and violations of personal rights were In the prov ince of the States and that the Federal authorities hud no jurisdlctlop. "Do you thyik it we una mat ror a period of six- months," Mr. Taylor asked, "a condition of outlawry hjra existed here and we discover that there has been a violation of Individ unal rights, we cannot report it to Congress?" , Yes," MJfeeUee! rejdled..."lf , there has been no specific violation of the Constitution or Federal statutes." - Mr. Howell remarked that counsel seemed to ajirce that the committee had authority to investigate the Indus trial situation here, and he aked If it was .. jioi impoxtaiiL .. lu .ContrcaH .to. ktiow something about the adminis tration of justice. Air. Rets said he was not prepared hi argue the point, but he thought Congress should lie in formed on lhi! subject through he Federal 'courts. Former Congressman Victor Berger, of-, .Milwaukee. lodn appeared before the committee s a member of the ex ecutive committee of the Socialist party and denied that Socialism was responsible for the strike. ASK INVESTIGATION OF FEDERAL JUDGE Italior Organizations I'repare Petition To President Asking Impeachment or Dayton of West Irginla tH UM Auw ll'ftj IT,. ) Washington. D. C Feb. 17.- Ap peal will be made to President Wil son, tomorrow for an Investigation of the official conduct of United States District Judge Alston O. Dayton, of the northern district of West Vir ginia. A committee from tlie Ohio Trade and Labor Assembly and the United Mine Workers of America to dayarranged with Secretary Tumulty to lay their case before' the President. They brought with Jhenv a petition asking Judge Dayton's Impeachment. The committee said the petition had been adopted at a recent mass meet ing in Wheeling and was signed .by several thousand citizens. FEDERALS AND REBELS IN BLOODY BATTLE Ten Federal HifdJ Kle-ven Captured .and' 14,1 Constitutionalist Wounded In Kngacmeut- ' - Brownsville, Texas, Feb. 17. Ten Federals were killed, 11 were captur ed. Including a captain, and 135 Con stitutionalists were wounded In a hat tie today at Sublnas Hidalgo, Nuevo Leon, Mexico, according- to an official report received at Matamoros. The rebels were attarlied to the command of Oen Cesarlo Castro. The Federals were reported to be the. vanguard of a larger force. Mgtamoros Is headquarters for the ConKtllutionaliftS'ia Tamuullpas. . Upper House of Congress BRIEFAND1MPRESS1VE Representatives of all Branches of The Government Join In Last Respects To Dead Georgia Statesman Body On Way To Atlanta Where It Will Lie In State (Bv lira inodttod f ra ( Washington, Feb. 17. Final trib ute to the late Senator Augustus O. Bacon, of tieorgia, Was paid today ny tne representative In Wash nston of the American people and foreign" nations. funeral services were held in the Senate chamber as an unusual hoaor'to the dead statesman. Join ing the houses of Conaress In the tribute were tho justices of the Su preme Court, members of the Presi dent's Cabinet, the diplomatic corps, otneerc of the army and navy and others high hi ofnciin life, Solemn and impressive hk the ser vices were, they were brief, and with In art minutes after Vice-President Marshall upentd the ceremonies, the henate adjourned as a further murk of re;per.'-'-TfiiiaeAo'"wW'DnrJte away and placed on a train for-At lanta, where tomorrow It will lie- lo Stute at the Georgia Capitol.' 'On the train were members of special Senate and House committees and the Ser geant-at-Arrns atui the Secretary' of the Senate. IL was au. impressive aiwemiily that gathered In the Senate chamber for the funeral. The bright uniforms of the members of the diplomatic corps were nilssiiisr. thf- onlv touch of color tie tier al Wood, of the army, and Rea. Miiiiuni t rreiana. oi inn navy, som bre funeral garb marked the appear. ance of all the others present on the in tor, ' --' Prestderrt- WUiiti'"coitW uot go - to the funeral became of the risk of ex posuro after his recent hard cold, but airs. Wilson and some of the family occupied places In the gallery. A large wreath bearing the cartis ef the President and Mrs, Wilson was placed on the casket, the only floral tribute th -the chamber besides on from the Tlrertnemrmiesr-wwre - msrxeit1ff simplicity, There Were n eulogies only prayer and funeral services by the Senate Chaplain and Bishop iiuruing. or tne biscopal church. At the coffin in the marble room, from which tho general public was excluded, was a guard of honor com puHtt u u-vc.turan of thM-V-HleB-mul a veteran of he Confederate arm Senator Bacon was a Southern soht The Confederate veteran was y. B Marshall, of Birmingham, Ala, and the l.'nion soldier was Mujo James A. Abbott, of Providence, It; I. Both are members of the Capitol police force. ,-W. T. RobeTtiraTid-djemnTrtrnncan of Pouglasvillc, (lii.twn veterans o; the Forty-Second Georgia, Senator Bacon s old regrheiH, came to at tend tno tunerai. rney returned on the train thsir carried the Senator's body tn-Atlitmn. yf'amlly Present. To the- left of the coffin, imme dlatelyin front of the Yice-Presi dent'ar desk, sat the members of the famtly of Senator Bacon, his daitgh teK Mrs. Willis B. Smirks, his rrnnd I son. Augustus O. Bacon Sparks, and rj'. With them were Judge and Mrs. William B. Lamar, of Florida. Admiral Dewey wa not present, bu was represented by Rear Admira Vreeland Members of the Cabinet who af tended were SecretHriwt Bryan, Mc Reynolds, tiarrison, DiuimU. latne, Redilcld ami Wilson. The services were comtfleted at 1:'S0. The body was bitrne back ti the Martde room, where It remained until wcorled to the railway station xor me journey 10 .mama. tunerai Pasty. The funeral party that eecoinpa tiled the body south included Senators" Smith, of Jetrgia; TiHnHHt--t-bmih Fletcher, '4Hjrens Thtni-O'Oor man. Vardaman, iialllnger. Root. Nel son, Brandeegee and 1'age;' Represetr tatives Ferris. Kdwards. Willis. Idnnn. Payne, (iardner, Anthony, Dyer and (Continued on Page- Two.l JETTISTl Name of Dr. Wooten's Slaye Drawn With Special Venire of One hundred (By u AnocUlnl Pma.i Charlotte, Feb. 'Ij-jMI oftorts tu obtain the release on bail of R, M. Jetton, held here for the alleged mur der of Dr. W. H. W'ooten last Tues day, today were ceased, -when Jetton was arraigned In Superior Court on a cliarge of iurder and the trial j t ior Thursday of IBis week." . Both! the State and the defense exnrrimeri readrhesa to begin th-tria4-or--thatl daW. Jetton entered a plea of not guilty and the court ordered a spe cial venire of 100 drawn. : A sinarular circumstance ' arose when In the drawing;-pi the veniremen the name of the defendant was call ed. It was soon noticed by the court and the name passed. Survey Boat Ashore, Off. r- (KpUI to TIM Mm ua Otaunw.) (..I. New , Bern, Feb. 17. The United States survey boat. "Sunshine," went ashore on Cape Lookout shoals Sun day afternoon, but has teen pulled oil and is now safe at Cape Lookout, SET FORTHURSDA Atlanta Factory Superintend MaiPhagan Sustained FIGHT-1S-N0T-GIVEN-UP Determined Battle Which, His Attorneys Are Waging For Freedom of Condemned Man r-Way Be Prolonged In Numer ous Ways, Months Elapsing Before Fate Being Sealed (By Oh Aaw4tl4 Ftm.) Atlanta, Ga.. Feb. 17. Io M. Frank, under sentence of death for the murder of 14-year-old Mary Pha gan here on April 28 of last year, to day was advanced one step closer to the fallows, when the Georgia Su preme Court sustained the verdlcl of the lower court, which pronounced him guilty. The opinion, written by J u slice Atkinson, also was signed by Justices mil, Uunpkln and Evans. A dissenting opinion was entered by Chief Justice Fish sod Justice Beck. Although Frank's lawyers- tonight would make no statement astto. what steps they would take next IB tvair re- ported that they have not vet riven im the deLermhiud liattle which they havo wagea tor th freedom of the young factory superintendent. News ,Jhat the highest court of the State had denied him the right to be again tried failed to shako the Iron nerve of the condemned man. Ills friends said he received the 'tidings quietly, refusing to comment thereon. KvlniTir8upjrifrV While the Supreme Court decision Is voluminous, the pith of the ruling Is contained in the huad-note. which says: and i there was no' abuse of dlscretlonT in refusing a new trial,' In their dissenting opinion, Chief Justice Fish and Justice Beck held that the trial couit'erred In atimltting tin, ,tUtiiu - o(w--t ',i.Hl(v anl C. B. Dalton regarding alleged acts involving the Immoral conduct on Frank's part toward women prior to the mnrder of the Pagan ulrl. Unless an extraordinary motion for a new trial, or some other move li of the convicted man Is made be resemeiwwHl within the i -.weka.Ta.d(;lion. M r--' Court first must be entered a, tk trial oeurt, after which: sg! may te imposed. ' ' r ProhsjiicinK FUclit." Frajik's fight for freedom prolonged In a number of w tnnicm It was pointed out that uumh.ho may elapse before his fate finally la decided. According to court omclals i?.tfiitJs ptuislble ...thut In view of the- dissenting opinion of two of the six Justices of-the Supreme Court, Frank's lawyers may move to re argue the case before that body. In the. event that such a motion was de nied, an attempt then probably would be mifffe to get the case before tho United States Supreme Court on tho grounds that Frank has been deprived of his liberty without due process ol law. Another course open to Frank would be to tile an extraordinary mo tion for a new trial before the court In which he was convicted. Should the court deny this motion, an appeal could be taken to the State Supreme Court. As a last resort. It was point ed out. an appeal could, he made to the Governor for an extension of ex ecutive clemency Over Hundred Counts. When the Frank case was appealed to the Supreme Court more than a hundred counts were contained In the plea. Stress was laid on allegations of prejudice on th pnrt of Jurors, and chaxges were made that race feel ing against the young factory super intendent, who is a Jew, had made Itself ftilt in the url room and influ ence the verdict. Signllleance was also attached to the statement of the trial judne, who, denying a motion for a new trial, said that, although he beard ail the evidence, he was not convinced either of the guilt or !nno-rerfi-e -of -the -rtetemtant. - Today's decision aids another thup ter to n case whose records are al rettdy raid to tie more voluminous .than any ulhiirJn llewKia. annals, Fvi ry iUp of Uie.-proaeuuUoiL. since PrankTr arrest on suspirton nn-April. (, litis. bus been st"i"ihb6rhTr r-nrt-lested. Much popular feeling has been manifest both for and against the de fendant. Hl-4ry of t s.se. Frank's arrest came rwiadays after tiie body of Mary l''httaii was found by a night wafchmjiii In the basement of-th National Pencil Factory, where she had been employed, and of which Frank was superintendent. On May X a coroner's Jury ordered that Frank and Newt Lee, the negro watchmen whi discovered the body, be held for the grand Jury Investiga tion. Frank was Indicted for .murder on Mays 4. Charges against lrfe were dismissed. The trial began iluly 28. It was featured by the sensational testimony of James Conley, a negro sweeper at the factory. Ho declared he helped Frank dispose of the Pha gun gtrl's body after the superinten dent Jiad killed her, and added charges of degeneracy on Frank's pert. The verdict of guilty was re turned August 2r., and on the next day Frank was sentenced to "fie han ed October 10.. Execution was tndelinitely stayed on the filing of a motion for a new trial. Judge, L.. S. Roan, who had presided at the trial, heard argument L" Jh .r",m- f new-Trial Immediately was Tfillow'en uj .me nuns oi an appeal. WILL RKLKAhL GOODNOW. Will lie, Free To Accept Johns Hop. kins Presidency. i ' (Br Mt An.Tti.ua rnn.1 Peking, Feb, 17. President " Yuan Shi Kal today declared that he wsa wrlling y permit Prof. Frank Johnson Goodnow, of Brooklyn, legal jadvlser lo the Cliifiese government, to"etire from his pott here In August, thereby enabllngjiinj accept the offer thst has ,been muoe to lilnt of the presi dency of John's Hapkins University. lYof. Goodnow, however, has not de cided whether be will withdraw from China. District Attorney Whitman In IS WITHOUT PRECEDENT Will Not Permit Engineer To Testify Bensel Had Al ready Signed Waiver But Asked To Have It Revoked Claiming Misunderstanding (By tlx taocttwt Fml) New York, Feb. .17. John A. Ben sl, State Engineer, refused to waive Immunity when summoned today he testify before the grand Jury Invest! gating political graft, and District At torney Whitman declined to call hint as a witness. The State officer's testi mony was desired In connection with the letting: of contracts for the con structlon of the Catsklll Aqueduct, which was in charge of the Board, of Water Supply of New York City, of which Bensel formerly was a member. Bensel also was !o be questioned as to his relations with Thomas Hassett recently his secretary, formerly con nected, wivn tne noarn oi water nup ply and now under indictment for an alleged attempt to extort money from a contractor who sought to obtain one of the Catsklll contracts. Hnl" already hml - signed - n Waiver of Jmrnunl.tx This was when he appeared , before the jury last month with members of the State Canal Board, Including State Tress urer John J. Kennedy, who commit ted suicide Sunday. District Attorney Whitman had assumed when ha nub poenaed the State engineer to appear again tuduy, that Bensel would testi tr'irft'er':1li"w-my-:wwrtssri-" Hwiwr earne to th6 iwy oii4bis time, how ever, accompanied by counsel, who in formed the district attorney that his client desired to revoke the waiver, derstuiiu.. yiheit .JfUtPSiviiZWsf the document that suhjiCTs ontsldo the affuirs of the camil board woupl he consttiered. Mr. Whitman, did not conceal his astonishmeut arid- Indignation at Hen sel's action.- He Infornied'the lawyer that for a Slate officer who' had taken oath to uphold the law. to refuse to sign a waiver of Immunity before a body like the grand jury was without n nddnct that, under no i i ices, would he per - """W" 'teettyi- There- we - - roBtTrjts"t!onwrata; 'i. u4 Jury wished to ii ii , s- . from Bensel, but the " Va-a.4 one let to Jame i it Ilttsbois. In 10 a In the possession of ce to show that $41, ., ., . ... I aa a political contri bution In connection with the con tract, but that the jury has been un aMeto Jetermlne who received the m ney. ' " " AVIATOR MURRAY'S DEATH CAUSED BY DROWNING Naval I lying Mail Could .Vol f ree Himself From Floating Wreckage of JHytlro-erofdane, . IB- ih A.4nclUft Prw. I Pensticola,- Fla., Feb. 17. Drown ing, caused the death cf Lieutenant J. McC, Murray, of the United States Naval Aviation Corps, who late yes terday lost his life, when his hydro areroplane plunged several hundred feet into I'ensai-ola bay. At tirst it was thought he had been killed by tai explosion of the engine of hln craft or injuries sustained In his fall, but an examination by physicians today showed his body to be almost un marked by the accident. Officials of the tiavul station said his death was doubtless due io his inability to free himself from the floating wreckage of his craft. Whether a defect In the mechanism of th- hyrieo-aeeHplaue eaumul its ta Ul plunge, or whether the aviator lost control of his machine today, remain ed a mystery. The wreckage of the craft was towed to the naval station and ap oftldsinvestlgatlon was be- HUii. Tiie'ehgitie 6T tViif speed" T)ri,irAVhTrh rushed to the spot where Lieutenant ,1. McC Murray fell with an teroplano was the engine saved from the wreck of the aeroplane that fell into. Chesa-r. peak" Bay last Miuoiiur and lulled Knsticn RIIllBgSley:-'" Lieiiien.iiit Mur-1 mv lield alatorH license No. ).'; Son of Minister. Canohsburg, Pa Feb, 17. Lieuten ant J. McC. Murray, the naval aviator killed while flying at Pensacola, Fla., yesterday, was the son of the Rev. .f. F. Murray, pastor nf the Mount Pros pect United ITeshylerian church, near here. The body will lie brought here for burial. MAYFLOWER ORDERED TO MEXICAN WATERS IVcwiYlcmial Yacht Will He Di-spaK'lutl Hy Necntnry Dan'cls Tn Relieve liutlleeblps at Vera t'rnz. Ill) thf .mnolitnl l-rru. I Washington. D. C.. Feb. IT. After a conference with President Wilson today, Secretary I an:ts9,0(iered the Piesldelitinl yacht, Mayflower, to Mexican waters to relieve one of tils battleships at Vera Crux. The Presi dent lum had no use for the yacht lately and boats of'the gimboat clays nre regarded as particularly useful in Mexican waters liecaut,? of their light I iiiiiuin Hurry Mel P. Hifte wHlgo l"Sv t he M7iytiT.we'r(Tr VerTTriiTi" t.Tbe-" di-atl come chief of slatl to Admiral Fletch er. 1 he-Muyfiower villi be away about two months!. ' The Stiile.Depani.ieiu has not been moved by Inquiries of nny- foieiKii ,KPverament as to the sending of n marine-rorce to the Mexican capital. It is said that such a step is regarded an nnnccesKary. Tlie statement today was repealed that tho dispatch of niu chitm guns nd arnmuniiloii liy thi. British sdiniijal at. Vera, Cruz to tin Britts'l legnti'ott In'Mexiio Cbv Wn within Interiiationiil pruciKO. 'he State Department has no knowledge that .-British marines ec'Uiilly huve uc cupitd the ItKatiiin though It has ns sinned thst this would be done In cuss, of necessity. Case AgaMnst Blind 'Senator Jury Late Today LAWYER SAYS r GORE LIED Counsel For Plaintiff De- nounces Defendant For Tes-, tifying-That WrSiBond'lm. r properly Approached Him; Six Hours of Argument" iuueuuiea ror i oaay , I ' " ; : IBj tin Asuriaird Pnal " Oklahoma City, Feb. 17. Th twelve hours allotted for argument In the damage suit broug-ht by Mr, Minnie k. Bond, of Oklahoma Cits', r (7 ! n ilt f'tilfnH Ulal.d W ......... - -t -w . -- . .'.... . ' , u . v , in. ,, i nulling i f. Gore today had been consumed, when court adjourned, and, unless) tome unforseen contingency prevents, f the case -will be submitted to the Jury ! late tomorrow. f Two attor-ries toiiaj- spoke for th' plaintiff and one for the defense Neither spared the Dartiea to thn sun and bcith Senator Gore and Mrs. Bond, as well as those characterized by Sen ator Uor as '-(iisgruntled polltidane whose pleadings for pie were unans-i wered," and who the defense chars; engineered, the suit, were severely ar raignea. Cnexpected Turu. . Summing up bessn after Judir Clark read his instructions to the Jury ki ine opening or court, counsel for Mrs. Bond announcing that they wHtit"t mwIm thuii pi illm of prMentUi .JadditionaLevid.t'Uce In re buttal. Before court' convened, it wa " understood that at least three wit nesses would be. called today, anions, them Jnmea It. Jitcohs. In whoee - 't'ffWrrVevane''v- ru aiiacii, wnicn .Tint IJolia cites as the basis for her suit, Is said to hava occurred last March. No explanation . other than they considered their cas established was given by Mrs. Bond's OOUtSMNl ' maMivrhtenna. - Opening Antninctit. v K. J. Oiddiugs. attorney for tha plaintiff, who opened the argument declared the contention of the defen , J that th" Hciiutui- had been made th't " victim .if a conspiracy was withotl ' fuiindaiioo. . .. - ' --'Whyr-wfter" nhw-wrthsr UnurAtf effort been made to have th allese conspirators arrested," lie asked ru " Jury. "And to.lt not true that to la " puts to another crime tr crtminaf act In Itself?" - He described Mrs. Bond a a "plaij woman, the daughter of a simple far mer," and challenged couusel for Sen ator Goro "to allow from the record). wnere mi.s woman has once sleppeo. aside- from the path of virtu," Calls Core a Liar. "Kven though he lie United State; Senator," Giddliigs shouted, "1 say . ' that Senator Gore Is lying when the says that Mrs. Bond Improperly ap proached him." Twe Senator testilled that Mrs. Bone seized him while they were dlscusslnf thn-posslbitity-ef the appointment i her husband to a Federal position. lloman Pruett. who spoke for Sen ator Gore, denounced the witnesses for Mrs. lioud, who, he pointed out were disappointed candidates for Fed erui paironage, enner aireciiy or inoi rectly at the hands of Senator Gore. Riss Lilian!, a counsel for Mrs. Bond caused surprise when tit the course ot his argument he scored Jacobs Scores Jacolw. "Tho action of Jacobs toward Mrs. Bond on the day of the bote occurrence was inexcusable," Lilltarc . declared. "He betrayed her conn deuce when he failed to go to hit room with her an I Rnator Gore." other than this no reason has beer given why Jacobs, former Democratic .National dtnimlttpeman. from iqrjlar Territory and regarded as one of th most important wltnes.es summoned by tho plaintiff, was not called upor to testify. . . liihtruiiions Satisfy. ;'. . Attorneys for both parties to th ffiitr exprefTJed- thr-mK-p as saristrec with the instructions of the court t the-jury. Judge, Clark devoted him-,, self almost entirely to setting forte, what constituted a conspiracy undei the. .lt.liihotna slalutes and Instruut- hig the Jurors that th frast t;hati ofn eitiier Senator Gore nor Mrs Unul should influence them, contlnlni' themselves to tin direct allegation it Mrs. Bond's petition and Senatot Gore's counter charge of conspiracy i Tomnrrow attorneys for tlie de fense will have four hours for argu 4 nuiit and coffusel for Mrs. Bond, two. . FIFTY THOUSAND FOR v STRIKERS PROPOSED" I tilted Mine Workers 1'rgeil io o- Iribulc I n Idle Miners -ill t oloraih Fields (Br Ihe Atf" ttt f'l Fort Hnulh, Ark., Kel). K.-rrlhuuf tion of $50,000 11s a contribution to fund being raised lo aid the striking miners in Colorado today was pro posed in a resolution presented to the Southwestern liistrk t Convention ol tlie I'uiieil Mine Workers of Anierlck which met here. It is aakerted thai ., siitliclent. votes have been pledged t Insure the adoption. of the resolution, Two hundred, delegates, represent lug approximately 16.00 miners -in Texn.t, kluhoniu nud Arkansas, at leioleil tile lir.i -essio!i .of the Coil veiitisii. which will be In session lei days. Seeretiiry-Trei..-er VtvA HqTT "re ported a defense fund of l3.Vt0 w 'hand nod the pn;!eent. P. 11 r". ev ert, recointiieiiriiiin that rt detei mined effort Im- iiiatie to unionise tift.i :udru, Arkaitaus. -coat fleldy, iirjired "tlntt.thi limit placed 011 striae ex;ienriln.ire In. ictho.eil nrt!l this is 'X,.ln;1il.heJ. oiah'mu Ktrr ix sp.vi.v - , -. ... . , . --. I'uvu"' In Civ of 'i"e it-iu :b- Mllttlil ng t'rt,iti-. ...'-.ll-p' HI'- ,H'vlK'iti I'.-.'.. :. , .iv;ei!i" town. . ir ri. . t.- - y ju-.' -mils', tc u TU'.c.'h, l-cyi. l t ci:y 1 1 tv.c,! n, the MU',-.. .!!i,,l-' . counts .' ""'tVhnr n:"Kirt of tfie i, ,- wns-lti c)td .'r.i.crntv :ofM re',i.1''rf the !-uua ot iuu . "Vj iii