) THE MBBWB CITIZEN TTTT? WViTTTCT J TOO CAN ; RENT THAT VACANT ROOM XT VOO VMM A OTIZEX WANT AIX ; . i COOLER. ' VOL.XXILN0.276. ASHEVILLE, N. C; WEDNESDAY MORNING, SEPTEMBER 23, 1907. PRICE FIVE CENTS. TROUBLES OF CHICAGO AND ASSOCIATION OF BANKERS IN CONVENTION INTERESTING TESTIMONY IN PRES. FINLEY l MAKES PUBLIC I A STATEMENT JUV mir ru I CT SWAM), ni tul you ALTON ENDED THE OILCASE SSSS&s: mil mi yov . yf. No Further Prosecutions Is the Decision of Judge i Landis. IMMUNITY BATH ENDS PROCEEDINGS Members of Grand Jury In structed to Let the Mat ter Drop. (By Asaoclated Press.) CHICAGO. Sept. 14. It was decld ed today by Judge Landis, in the, Unl ted States district court, that the Chi cago and Alton railroad ahall not be further prosecuted for ll connection wtth the Standard Oil company of In diana. In the granting or rebates be tween Whiting, Ind, and East 8t. Louis, III. It was claimed by Attorney General Bonaparte, whose letter was read by the court by District Attorney Sims, that Mr. Morrison, the precedessor of Mr. Blma in office, had promised Im munity to the Alton road, provided It assisted In food faith In the prose cution of the; Standard Oil company. The attorney general, therefore, claim ed that It was the duty of the gov ernment to see that no further steps toward the punishment of the railroad for Its part In the granting of the rebates be taken. The attorney gen eral asked that the grand jury which had been summoned at the Instance of Judge Landis to Investigate the Alton railroad be discharged and that the matter be allowed to drop as far aa the Chicago and Alton was con cerned. Judge Landis declines to discharge the Jury but Instructed Its members that they had no further duty to per form In connection with the Chicago and Alton. The court then called attention to a statement recently la sued by President MofTet of the Stand ard Oil company of Indiana, In' which It was claimed that If the Standard Oil company was guilty of receiving rebates,' no other manufacturer was Innocent. The court directed tha Jury to Investigate, the conduct- of other manufacturers, and directed that aubpaone be Issued for President Mot-fett, Three Sections of the Asso ciation Begin Their Session. SOME INTERESTING ADDRESSES MADE. Convention of the Entire Body Will Open One Day Later. MORE TROUBLE FOR WESTERN UNION Suit to Drive W. U. Tel. Co. and Pullman Co. Out of Texas Is Instituted. (By Associated Prsst.) AUSTIN, Tex.. Sept. 24. Attorney Oeneral Davidson of Texas has insti tuted ault against the Pullman com pany and the Western Union Tele graph company to prevent them from doing business in Texas and asking for nermft fees of 1100.000 from - each' company on the amount due the state based on the capital stock of one hundred million dollars In each In stance. The petitions recite that both com panies have been doing business In Texas for a number of years and have never filed copies of their articles of Incorporation or taken out a permit to operate In Texas,, as required by law. That because of these omissions they should be enjoined from doing business here, and it is so prayed. The petitions specifically state that they are not Intended to interfere with any Interstate business, but are de signed only to oust the companies from doing an Intra-state ousiness. (By Associated Press.) ATLANTIC CITY. N. J.. Sept. 24 The three sections of the American Bankers' association, those dealing with trust companies, savings ban "in and clearing houses, met here today In annual convention. The annunl convention of the American jankers' association in which the three sec tions will participate will begin to morrow and continue until Friday. The savings fund section was called to order by C. Byron Latimer of New York. With the reading of the re ports out of the way. the section turned Its attention to addresses by various members. William Hanhart of New York, secretary of the section, I addressed the meeting on uniform laws for savings banks In the various states. Alfred L Aiken, treasurer of the Worcester County Institute for Sav Ings, Worcester, Mass., took up the question of life Insurance in savings banks. Postal Savings Banks was the sub ject of a paper L. Leroy Harwood of New London, Conn., was to have read He was not present, but the paper he had prepared was read by an other member. William R. Creer of Cleveland, O., also discussed uniform laws for sav ings banks. In tha absence of President F. J. Wade of St, Louis th trust company section was called to order by Philip S. Babcock of Near Tork,, lce presi dent of tuwortaUbn1 .s ;5 -iiJ$ v' Papers on subjects of Interest to, owners of trust companies were read, and this afternoon there was a gen eral discussion of trade matters. - The section devoted to clearing houses devoted the opening session to a discussion of technical matters af fecting clearing houses. The feature of the morning session of the trust company section .was the address of former Postmasteriaeneral Charles Kmory Smith of Philadelphia, who spoke on the distinction between trusts and trust companies. Follow ing Mr. Smith's address five-minute speeches were made on trust company conditions in various states. W. M. Kern of New York spoke of savings banks doing business In the evenings. Edward I. Perrlne of New York was another speaker at the morning session. He presented a program for bank examination. Stock Was Sold, But Audit ing of Waters-Pierce . "v Books Continued. GENERAL AUDITOR HAMPTON ON STAND Troubles of Old Lombard and Ayres Firm Are Aired. NEWS ITEM: Cartoonist Borne and Us bird have gone to Toxaway. RECEIVER FOR N. Y. RAILWAY CO. Appointment Made on Joint Application of Creditors and Officials of Roads. FERTILIZER CO. CASE COMES UP FOR HEARING HALE PLACED ON TRIAL FOR LIFE Royster and Burrowes Ar raigned in Federal Court In Norfolk. CASE POSTPONED ON DEFENSE'S REQUEST MOTHER AND SON HELD FOR MURDER (By Associated Press.) PHILADELPHIA. Sept. 24 Mrs I Karnh Klchenlmih and her Hon. Itus- The attorney-general will endeavor -en Bgea 22 years, were committed to have the cases tried at the coming! to prison by the coroner today, Are Charged With the Mur der of the Son's Bride of Six Weeks; Poison Used. ment On The Statement of Facts. (By Associated Press.) NEW .OKK, Sept. 24. Receivers were appointed today for the New York City Railway company on a Joint application of creditors and offlcala of the company. The application was made to Judge Laoombe In the United States circuit court, and he named Adrian Joilne and Douglas Robinson, ha New Yprli. Cltr-Railway; oont- poratlona, formed h tna , various I Wantl tO Ra&clr. lULi AgrOO- mergers or traction ana suowa nnn in this city. The New York City Rail way company guarantees certain divi dends on Metropolitan Street Hallway company stocks. These aiviaenas amount to about 13. 640,000 a year, and It is estimated that the street railways have fallen 12.000.000 a year short of earning the sum required to pay the dividends. There is a series of corporations controlling and operating the Metro politan surface lines, among them the Metropolitan Street Railway company and the Metropolitan Securities com pany. The Metropolitan necurmes company owns all the stock of the New York City Railway company. The New York City Railway company In turn is lessee of the Metropolitan Street Railway company. The bal ance sheet of the New York City Railway company has shown a deficit every year since its organization, the total deficit up to date being estimated at 18,600,000. Alleged Murderer of Lillian Davis on Trial at Blount ville, Tenn. STRANGLED BY INSANE MOTHER!! term of court. charged with murdering Mrs. Mary K Kichenlaub, aged 21 years, the six weeks bride of young Elchenlaub. Mother Does Not Realize Enormity of Her Crime; Is Arrested and Jailed. It Is charged that she was poisoned 1 Cnritpher. aged eight; Helen, aged with cyanide of potassium on June 23. ; ..... 1 She was stricken on (he night of that, two, and Freda, aged elgnt inontns. dale snd died within a few minutes. I Ki their home In Clinton street, lm 'A paper containing particles of cya-1 ,, , .... . . inlde of potassium was found In ,h mediately after committing the deed who made 1 she went to the Pennsylvania railroad JUDGE BUNN ISSUES WRIT OF MANDAMUS (SpscUi te 1 lis Cltlisn ) ST. PAUL. MINN. Sept. 24 At- a ., n.nipui V1111 ntr a 1 itifA red he- fore Judge Bunn in the Ramsey coun-j house and the city chemist, who made tv district court today, and asked for a an analysis of the viscera taken from writ of mandamus against the Nor- ;m mwy i thern Pacific railroad company to com she had been poisoned by a large dose pel that road to put Into effect the ! of cyanide of potassium, commodity rate law recently declared I Mother and wjn were each employ- iMecal by Judge Lochren. of the Unl-1 ed In Institutions where they could, ted State, district court. I ""oure the deadly poison. i.i. Bonn Issued the writ, which At today's Inquest evidence was I. made returnable October 6. and presented showing that the yuong .u !!Lr. were served on the rail-i wife had been badly treated bh yer road officials today. (By Associated PrtM.) BUFFALO. N. Y.. Sept. 24 Mrs. Bertha Mund, aged 37 years, early to day strangled her three children, (By AseoelaUd Press.) NORFOLK. Vtt., Sept 24. On the question of whether or not as defend ants In the American Fertiliser com pany case brought In the federal court at Nashville, Tenn., charging the vlo latlon of the Sherman anti-trust law by the formation of an alleged trust to control prices and output, they shall . be removed to the Jurisdiction of the Tenenssee court or required to give bond for appearance, F. 8 Royster and Charles V. Burrowes, two well known fertilizer men, were ar raigned In the federal court today be fore Judge Waddlll. The case went over until tomorrow. The postponement of the hearing was at the (request of the attorneys for the defendants, who explained that they desired to confer with their Merits us to the facts In the cose be fore submitting evidence as to wheth er or nut there Is sufficient ground to require the defendants to answer In a court of another Jurisdiction. Witnesses on both sides Include many prominent persons summoned 1'rom Alabama. Georgia, .Tennessee and oth er southern mutes, "for the protection of the Interest of the government." Much Tim Needed. It was evident that a month or more might lie consumed In the present proceedings If the case was gone Into without un "understanding of facts." on motion of United States District Attorney i-ewls, speaking for himself iinil Assistant Attorney-General Kilwanl T. Hanford. who Is here fro mthe department of Justice, the hearing went over until noon today. Willi a view to reaching an agree ment wit I nsel for the defense yards, where her husband, Frederick ' whereby u siHtement of facts for the (By Asesolatea' Press.) KNOVILLE, TENN., Sept., 14 -The trial of Ack Hale, chargsd with the murder of LIIlls Davis, was begun at Blountvllle, Tenn this morning Hals waa Indicted on tha charge of murdering tha girt In East Hill cam etery at Bristol, Tenn., en the night of March 17 last. A bullet hole waa In her brest nd Hal claimed that sha committed suicide Ha admitted hav ing gona to tht cemetery tlt bf- H bad paid her attentions. Her death occurred a few - day preceding tha data upon which aha was to have been married to a wealthy coal operator. Hale's brother, Roy Hals, la under Indictment on the charga of murder of J. Irby Davis, a brother of LIIlls Davis. A probable theory In tha Ack Mala case will be that he wanted to remove the a-lrl because of testimony It waa expected she would give In the trial of Roy Hale. All parties are prominent. Two Juries Summoned. The Jury was completed before court adjourned tonight. From a special venire of 1(0 men six jurymen were secured and from another venlrs of twenty two men, the remaining six were put In the Jury box. The first witness will ba examined tomorrow evening. The prosecution Is confident that it will be able to make out a strong case, while the de fense Is relying on the fact that there were no eye witnesses to the tragedy and Hale's persistent claim that the girl suicided In his presence. BARK IS ASKED TO RECONSIDER Action Taken After Stormy Secret Session by Board of Directors. NKVV YORK. Sept. 14 Account ants for the Standard OH Company annually audited the books of thn Waters-Pierce III Company of h Mlw sour I, after KOv, when Its nam din appeared from the list of companies controlled by the Standard Oil Com pany, according lo Waste Hampton, general auditor of the Standard Oil Company, who test I lied today In the government ault against tha oil com bine. In 100 the Waters-Pierce Oil Com pany waa prohibited from doing busi ness In Texes under the anti-trust law because of Its relations with the Standard. The Watere-Pleroa .Com pany waa re-organised and theVetoek held by the Standard was sold. Tee. Umnnv has previously been adduced that Charles Pratt, secretary of the Standard, bought the stock and held It In Standard Interest. Mr. limn. ton testified today that ha hut sent' each year accountants to the WateriM Pierce OH Company to audit the book;, at the request of the officers of tr. company. ..-.,(. Mr. Kellogg produced a letter . by the witness to an official of the Walers-Pierce Company, statins! .v... an accountant waa on hla way and that for reasnna which he would un derstand his una k.rf k... ..... . . on the pay rolls of the Water i-pice Company until the account ing was completed. ; , . wl" Mr. Hampton said hi h Ij Un what the reasons we that he mentioned In the letter. I bard aV Ayres In the - early seventies was an Interesting featurtj of the day's hearing. Mr. Lombard rsald that he had great difficulties Irvebtalnlng tank cars in which to -hlp V and that his company jeu me aiaicajty of rompet- which, he aald. was tjucelvlng rebates 1 rum inv irunn line. HA-.iinrf conferences with "A.Sassatt of (he s-rniirivni. rsiipsin. out . Was tnlri that the rebates W Jlch Were vlvsn ih. Standard OH Conuwiny did not amount to much. Mr. Cjaautt. tha ' iulin... said, suggested tliat his difficulties would doubtless cease If he united the Lombard company with the Standard. Anthony Brady of Albany, N. T. told how the Manhattan nil nnnmnv was sold to a London company. Mr. Bradjr said he had no Idea when tht sale waa made that the company waa going iniu me nanas or tne standard. CHILD ASSAULTED ON STEAMBOAT Gives Reasons For Recent Curtailments of Expense J By the Southern. :. t; NOT INTENDED AS 1 "1, A RETALIATION! Reduction in Force and Stojj pag of Work Mere Sound j . -Business Policy. ' m i husband and mother-in-law LANDING PIER AT JAMESTOWN WILL NOT BE CONSTRUCTED (By Associated Press.) WASHINGTON. Kept. 1 4 On the recommendation of General Mackes ale, chief of engineers, the secretary of war has directed the abandonment of th eproject for the construction of a permanent landing per at James town Island, because of the failure of the government's representatives to make satisfactory terms with the own ers of the land needed for the Im provement. Congress last year appropriated . for the erection of the pier. . Negotiations were stopped by un de lay f the Association for the Preeeir- Mund. Is employed as a member of a wrecking crew, and Informed him of her action Mrs. Mund waa placed under arrest. The children were sleeping when their mother destroyed them. When Mrs. Mund met her husband she said: "Fred, I have made away with the three children. Come ho.Tie and see." Mund hurried home, taking his wife with him. When they reached the bouse Mrs. Mund sat down at a table and began to cry. Mund tele phoned to the police. An officer ar rested the woman and she was taken to police headquarters and locked up in a cell. Superintendent Regan said I ahe made a statement to him In which vation of Virginia Antiquities In do natln gto the United States as re quired by law the land on the front age owjied by it upon which the pro posed pier would abut The reoort shows that last March ahe aald the Virginia association entered Into I "I killed the children because t did an agreement with Mrs. Barnet for not want them to grow op and be the use of her wharf during . the craxy like me." Jamestow nexpoetUorrhout ex-j The police any the woman doea not pense to the United luSi and re- realise the enormity f her crime, and quested the army engineer e4Tlcra j that atte killed the cklMrea while suf to take na further steps for the erse-( ferlng with a suddea attack of tarna tion of the proposed, pier. ' When Ity. She ha bee Ut wtth earreosss these Tacts were reported to the see- trouble for a boot six months, but had retary of war the abandonsaefrt was -newer.- pror tn this rooming, ssanl trttred. . tr -.,;, fasted sign of mental deraagemewC sake or snving time might be pre sented to the court, the question as to whether there Is sufficient evidence to warrant the removal of the de fendant to Tennessee for trial to be determined by the court upon this presentation, following argument by both sides John 8 Miller of Chicago, who ap peared In the Htandard Oil cases, and John J. Vertress and John L. Brad ford of Nashville, Tenn., are appear ing for the defense. WABHIKOTOX, atopt 4 Forecast for Wednesday and Thursday tot North) Carolina! Pair and eawler Wednesday; Thursday fair; to aorthereet wlndav- - . .r (By Associated Press.) NORFOLK, Va., Sept. 24. After a stormy secret session of six hours. the board of directors of the James- town exposition tonight passed resolu tions urging Director General James M. ltarr to reconsider and withdraw his resignation, the Itoard agreeing to confer ceremonial and social duties on a special commtltee named, Independ ent of both warring heads, Mr. ltarr having only the power to approve or disapprove all estimates of the cost of such functions The alal committee named Is composed of Judge T. H Garnet, Capt. J. M MrCarrtck, John Watson, J. Kheppard. Alvin Martin. J. Gordon Cummlngs, George A. Scmeia, C. Hrooka Johnston, Admiral Harrington and Major General Grant They are given absolute control of all social functions, entertainment of all guests and reception of foreign representa tives. They are subject u the execu tive committee, with the exception that estimates of expenditures must be approved by Director General Barr. It is believed that Mr. Barr will withdraw his resignation under the new conditions. President Tucker's friends object strenuously against his being relieved of the social functions and predict that he will resign. There are thoe who believe that the plan of the di rectors will be repudiated by both men and that they wHl withdraw from the exposition. A petition from the business anea waa presented to Mr. Barr, asking bins i Ut reconsider bis resignation. .. . ; Both Mr, Tvefcer and Mr. Barr te nlcht declined to disc ess the actio at the hoard. -- ...-- PJ.TT8BURQ, pg sj.pt., S.yior ence Boone, 12 years old, a passenger on the steamer - Woodruff, from Greensboro, pa., to this city, her home, was brutally assaulted by a negro employe of tha boat today and Is t her home In a aerloua condition, The child hnd been visiting velatlves at Greensboro, and started ester day for Pittsburg. During the .might the negro, whose name is being withheld, nroke into her stateroom and struck her on the head with a Fr.tatoe mttsh. er. The girl was rendered uncoil' sclous. Later her scrdUms attracted the attention of the boat's officers. Before they could niallKc the situa tion, however, the negro struck the child again. The officers In charge of the boat held Vhe negro a prisoner In the lower portion of the steamer until this city wuM reached. While the mute was telephoning for the police the negro escaped front the deck hands. The negro la known here. It Is said. and. the authorities hope to capture him. The assault caused a panic among the passengers. ED. CALLAHAMIS AGAIN ABRESTED JACKSON, KY Hept., 24 Former tfherinT K. Catlaham surrendered to Sheriff Crawford today on a warrant charging him with complicity In the murder of Dr. ft. U. Cox, three years sgo. The warrant waa sworn out by Itoger Callahan, a brother of the former sheriff. Callahan waa releas ed on bond. . - WASHINGTON, D. C. Bept, 14 la rply to many Inquiries and with a. View of correcting tha much mlsap-' prehension 'and lomi misrepresents tlona, Ilea following authoritative statement has been mad by FresU dent FinW of the Southern Railway rompanf as to the reasona for recent toipaa of -construction work and. red net u ins In shop force! i rty urgent need or increased anit miiro'ed trsnsnortatlun facilities in the ii'mihern state Is thoroughly ao preiAsted by the management of the Put i hern Hallway Company. It shall co jtlnue to be the pulley of the com. P'iny In the future, as It haa been In le past, to provide improved facni- , Jes as rapidly as lta resources wiU permit. in some Quarters it ha been rep lanted that Work baa been stopped and, forces reduced as a measure of re talatlon against adverse. Stats lexis, latlon. In no rase haa this been true. This company has not been guverned. In any case, by any but sound bu Iness considerations, such a must gov. em a railway aa well aa every other business .enterprise. Current railway Income la Insufficient to provide funu t necessary for extensive Improvement and betterments. These ran only be provldad for, now as In the past, by, obtaining new capital. Present finan cial conditions and the present attl- tude of Investors toward the rallWHV., securities on a basis that any bunln Bible, for the moment, to sell rallwny securities on a blah) that any buslne concern, managed In accordance wliu ; sound business principles, Would be Justliled In accepting. , It has, there fore, been necessiiry to postpone ninny Important pruuiM for Improvements.. Only thiMO will b !U ''i.l lo comple lion at this time-on which work tins progressed to far that the fiuhlut ami , the railway can receive the benefit of their completion at an early dale. Other projects have not been aban doned, but will be carried out Just aa soon an conditions are such that tha necessary capital can be secured, - ttusliasa iNinianu. The reduction In shop forces and reduction In their expense of admin istration wherever It haa been prounr to make them have, in every instance, V been made In conformity with sound ' business principles, During tha past nine month the shops ot the company f have been running with full forces, , and substantial progress haa bt,an made In repairing the equipment o-V the company and putting It In rondi-. tlon for the heavier trafflo of the. .. tall and Winter, This haa been done at great expense, aa a result of Increase! , In wages and In the prices ot material ' used In the shops, and tha shop rolls,." In the aggregate, after this reduc tion, are now in excess of what they were at this tlm last year. Prudent business pulley haa dictated a reduc tion In shop expenses, so far aa It could be made without permitting tha equipment of the company to deter lorate. In nd case .has a reduction been made in a spirit of retaliation, but forces have been red uustl and expenses curtailed. In tha Sams ratio, in those States In which there ha bee no adverse legislative action a la others." . . ., . , CASHIER MISSING I SO IS $60,000 (By Associated Prase.) TIATON ROtKlkJ. LL. HeoL 14. Oscar Kondert, formerly cashier of the First National Bank Iter, la niles- Ing, while United BUtea officer an searching for. blm with a warrant :. charging him with a defalcation oC 10,000. . s t, . It is alleged that tha shortage wa discovered a month ago, but Kohdert and his friends made good tha greater part of the lose. The bank officials. It I said, declared, themselves satis, fled, but the federal officer decided tor prosecute the case.,'..-" !..:-. . '.f.,;;- v v BOHAIt JUIty X)MPLErED X (By Asaeelsted Prase.) BOISB, IDAHO, Sept., 14 The Jury to try United State Senator Borah, was completed thle afternoon. Tha - government counsel announced that ' they contended that Senator Borah' -alleged offense la only a misdemeanor.' BIDS FOR SUPPLYING COAL FOR . FLEETS LONG JOURNEY OPENED (By Associated pVees.) - WASHINGTON. D. C. Kept, 7 4 Bids were opened at the bureau of equipment of the navy department today, for transportatlng and supply ing coal for the use of the Atlantic battleship fleet during Its coming 'voy sge to the Pacific coast In December. The proposals contemplated the ship ment or supply of thle coal to a de livered at various points la the West Indies and at Magdaleaa Bay and Mare Island, and Han Francisco. Un der One form of proposal bidders were eaked to submit estimates for trans porting 111. sue tons of Amerlcsn semi bituminous tons of coal to be eh- price. talned by the nary' department front various North American porta, eitron In American or foreign bottoms. Tha other 1 proposal asked for estimate for supplying 1J,00 ton ot Welait ,col. - -1-t T Between Bfteen and twenty b... In all were submitted, the greater portion of which contemplated the transportation of American coal in foreign bottoms. Such bids as pro posed for shipment of Amerl-an coal In American ships were fur In e . of the figures, ,t ..v .-.-.l f-r ahipo It In foreira !-" " - ' t mate pIhcih u h', a . ;i :' " nie