North Carolina Newspapers

ASHEVILLE, N. C.t" WEDNESDAY MORNING, JANUARY 13, 1909 PRICE FIVE CENTS. YESTFELDTS WIN FAMOUS "COPPERMINE CASE" BEFORE 1 Weighed Heavily But Didn't Count JUDGE ADAMS' STAR IS WELL H. T. SEAWELL WILL BE JUDGE IN M fAPnilMA CHIEF JUSTICE M.W. FULLER NIGHEXTINCT Fickle Fortune Shifts Her 111 11 UJ1IWIUU1 Despito Machine Influence Judge Adams Finishes,', Last in the Raee. A Judge Priteliard Overruled LIVES OF OVER 100 MINERS ARE in the Court of Appeals at Richmond. Base to the Camp of H. F, Seawell of Carthage. VOL. XXV. NO. 85. - L 9 nir-Z . BTATE COURT IS SUSTAINED Suit is Ordered Dismissed on the Ground of Jurisdiction. Completely overturning the decree of Judge Pritchard1 by setting Aside hli Judgment In favor of the North Carolina Mining company and vindi cating the Jurisdiction of the North Carolina state courts by dismissing the Suit In his court, the decision and opinion rendered yesterday n Richmond by Chief Justice Melville XV. Fuller of the United State supreme court. Hitting on the court of appeal, la a decisive victory for the Westfeldt heirs In the noted "copper mine cane," the most noted lawsuit pend ing In .this state. The" decision of the eminent chief Justice make a nullity of the long fought and elaborate contest in the federal court over the ownership of the copper mine property located on Hasel creek. In Swain county, with Its. thousands of pages of testimony and printed records costing thousands of dollar, because it holds that Judge Pritchard had no authority even to entertain the suit which It directs that' he now dismisses. The effect of the? decision is to restore to the su perior court of Haywood county the right to proceed with its case Involv ing the same property between the same parties which was suspended by the Injunction Issued by Judge Pritchard preventing the Westfeldt from proceeding In that court which had first ' taken jurisdiction of the matter In controversy. The steps Indicated by legal proce dure for the mining company, rep resented by W. 8. Adaimv are cither to take the ease to the supreme court , f the Voiced States by certiorari or thewhtrr the" hepe that that tri bunal wilt reverse the decision hand ed down by Justice Fuller and Judges . Morrle and - Brawley In the court of appeals, or to pay the, costs In the federal . court and depend on fighting the case bafore a Jury In the state court. It was learned yester day that Judge J. II. Merrlmon and Judge Chas. A. Moore, of this city, of counsel for the Mining company, were In Richmond at the time the decision wa rendered and that they Intended to apply for a write of cer tiorari to the, highest court. This will call for a legal contest In the court of appeals and It cannot be said now that the case can be taken to the su preme court. Enormous Costs. . The cost In the federal court are enormous and no one will hazard more than a guess at the total. It Is known that the printing of the tee imony and papers In the cm to alone cost the Westfeldts over 14.000 and this la hut a minor detail in the sum total, The stenographer's bill for the taking of the evidence on behalf Of the Westfeldts amounted to about 13,000, ajid In addition there are costs of clerk, examiners and other offic ials which will run into the thousands- The Westfeldts have paid these "and In the event the court of ap peals' decision stands the copper property could be sold to reimburse them, It Is said. A very unusual degree of local in terest attaches to the decision of yes terday aside from that created by the Importance of the case and its unusual Incident because of the acquaintance and standing of the members of the Westfeldt family here. As Is known they are the owners of the handsome Rugby Orange estate near Arden, one of the prettiest places in the moun tains, where each summer members of the family come from New Or leans. Dr. and Mrs. O. 8. Tennent (who was, Miss Louise Westfeldt) of this city fcre largely Interested in the result a are Charles Fleetwood Hunt Westfeldt. Mrs. Tennents brother, who now resides In Los Angeles, her sisters, Miss Jennie . Weetf eltd and Mrs. Henry Grlnnell, of, Washington, V. C, and Overton W. Price, a high official of the Uv & forestry bureau. ; (Continued en page Aw.; CHARGES JHATJESTIMONY AGAINST T. J. HAMS WAS MANUFACTURED (By Associated Press.) FLUSHING, N. T.. Jan. U. Charge that the testimony of 4he member of the Bayslde Yacht club wa manufactured and that witnesses war withdrawn from the stand be cause their evidence was not suffic iently rehearsed were made by At torney John F. Mclntyre today In slimming tip the defense in the trial J of Thornton Jenkins Hains- Mr. Mc- r . . . latyTe had not flnisned hi closing fc ---: oi -t&ddrt 'when-adjournment waa taken ""1 .ata tMi Mfwnr. ... .' , ,v;ru? rliooune, spent over five hour to fmia )i n Mitovlewlng the evidence In the .case '-Jrh."i and pointing oat discrepancies which, tho"., lawyer asserted, shewed t that , much of the testimony of th state bad been rehearsed la a Instruction SNUFFED OUT Two Weeks Ago in jSame Mine Fifty Persons Were Killed. RESCUERS DRIVEN BACK BY FUMES Vast Throng of Women Beg to Aid in Saving Loved " Ones. (By Associated Press.) BLUEFIELD, W- Va., Jan An. explosion today In the mine of the Lick Branch colliery snuffed out more than one hundred lives. In these same mine two weeks ago to a day fifty miner were killed by similar explosion. In the quiet of the early morning there came like the sound of thun der a mighty, rumbling frqm the bowels pf the earth, which reverber ated "among the hills end told of a dire calamity. Piles of earth and stone that lay between the working and the mountain were tonv by the force of the concussion and at the mine mouth the earth and debris set free belched (forth In a cloud of soot and dust and heavy beams, even a massive motor used to haul tile coal cars being hurled from the depths. No sooner had the explosion died away than a vast throng of women and children, their feet sped by anx tety and dread, rushed to the mine mouth and Implored there to allow them te aid In the effort to save some of their loved one who might still he alive within the mine. -, - Crawl . to '-fiafct. ' , ' ... The mine foreman, Bowers, who was near the entrance, wa blown from his feet, but managed to crawl out safely a did also Robert Smith, a miner. With the foreman was a miner named Holitday, and he too was blown over. A rescue party, or ganized on the moment, rushed Into the daws of the smoking mine and tried to rescue him. They were driv en back by the deadly fumes of the after gases and were compelled to leave him to his fate. A train was-rushed from this city to the scene of the disaster, some 25 miles away, carrying brattlclng and other material to be used In the work of exploration and rescue. There were supposed to be sixty or eighty men In the section of the mine affected- The debris from the explosion of two weeks ago had not been cleared away and twenty men were engaged In this work. Nineteen contract -miners with their crews were at work In a new entry and it Is said that all these men were lost- The explosion was In a different part of the mine from that of two weeks ago. Since the catastrophe the mine has been Inspected by gov ernment officials and by the most ex perienced miners in the region and all. It Is said, expressed the opinion that It wa safe. No Bodies Recovered. None of the bodies have been re covered. It is said that a part of the mine In which eight men were at work, will be reached before morning. One rescue party came within sight of six bodies, hut was forced bock. The latest estimate of the number of men entombed Is more than one hun dred. That all of them are dead tftere can be no doubt The fire In the mine and the deadly gas, to say nothing of the awful force of the explosion, pre cludes any chance of rescuing any of the men alive. The -main entry of the mine Is four mile long, running from one side of the mountain to the other. Debris was blown from both entries, which gives some idea of the tremendous force of the explosion. It Is reasonably certain that all of the. bodies will never be" recovered. iCertttnire jbj po two.) school. Mr. Mclntyre declared that much of the testimony of Mrs. Wil liam E. Ann is, whose husband was shot and killed by Captain Peter C. Hains, was "manifestly , false," and that she had been taken from the wit ness stand when it waa seen that her story had , not been sufficiently re hearsed." During the defense' closing Mr. Mclntyre and Prosecutor Darris had verbal ' Clashes ' which occasionally punctuated ' Mr. ' Mctntyre' dramatic recftafe Justice Crane to farmed :, Mr. Mclntyre that -to mast, conclude, his address at noon tmnorrowj wteer Ih state wnr:um! gov- The court said that the case must go o the Jury on Thursday. , . KITCHIN IS NOW GOVERNOR OF N. CAROLINA Imposing Ceremonies Mark ed Inauguration of Chief Executive at Raleigh. HE IS IN FAVOR OF PRIMARY LAW The Inaugural Address is a Lengthy One and Covers Much Ground. (Special to The Citizen.) RALEIGH, N. C. Jan, 12, It Is Governor Kltchln now. . Never, per haps In the history of North Carolina were inauguration day ceremonies surpassed In point of brilliancy, crowds and weather. The day has been practically perfect, clear, with ust enough crispness In the air to put oxygen In the blood. The streets and buildings had their glad togs out and the folks were here. It was al most like Thursday of fair week. The special trains and the regular ones were all crowded this, morning and last night with citizens and soldiers bound Ralelgh-ward. The city has been full of the uniformed citizen sol diers all the day except during the parade, when they were all on duty, and a lively lot they have been, but well behaved withal. The Inauguration proper took place on a great grandstand built for the purpose at the east front of the capital- The ceremonies began at 1 o'clock. The oath of office was ad ministered by Chief Justice Walter Clark, of the North Carolina supreme court, and immediately thereafter Governor Kltchln began his Inaugur al address. He was In excellent voice and was frequently Interrupted by enthusiastic and prolonged applause. The throng was tremendous and in spiring. Immediately In front of the stand sat the members of the general assembly, and massed behind and to the aides ef them were folks from all over the state- The capltol square and thereabouts waa simply a mass of humanity, with the Van Co staUie looming large over the assemblage. And along New Bern avenue almost as far as the eye could reach stood the troops of the national guard of the state, cadets, civic organizations, school children, fire companies and automobiles. Holds Review. As soon as the address was con cluded and those near enough hud congratulated the new governor, he proceeded at once to the reviewing stand, accompanied by the chief of th .variqoa staff , ..departments and tAMKOJBeer and. the entire parade, MMtary -and clvto, passed tji review. u -arsj a-mascuncent sight, ana . me huge crowd, e4auded to ,11s heart's content" The reviewing .stand was at (Ceatlnue en swa tlx.) I I ' " ' 1 llSSSSSPSSSSSSSSBSBaBJPBS RAILWAY! PRESIDENT ; IS FOpKD GUILTY f ,U."jr"' Charged With Conspiracy and Misdemeanor in At tempting to Bribe. ,.- (ay Anoelated Press.) PITTBBUHO. PA., Jan 12. Charles H. Cameron president of the Tube City rallwuy ufflpany, who has been on trial for Bcveral day charged with conspiracy and Misdemeanor ln tempting to ImIIjo Former City Coun cilman VVIlllum, A, Martin, in connec tion with the (Wiesage of an ordinance granting a franchise fo the Tube City railway, was i his afternoon found guil ty as infrTet'-'l The case mm to an abrupt close today and tlf Jury Was out but fifteen minutes. Attorney for Cameron gave notice of an nppeal for a new trial and the accused un held In I20.00U ball, an Increan,' t $10,900 in which he was orlKincIl-. held',' Former i ncllman w. A. Martin said he wat l'.nest In selling his hon or to Camrrxnii and that he consider ed It Very i'ap at 170,090. When asked If h ould not have had to distribute the money among some of his hrothi i "Uncllmen, Martin na ively said tli i ' perhaps he could have fooled thfru us Cameron fooled him. THREE EARTHQUAKES SAYS SEISMOGRAPH (By Associated Press.) WASHIXO'CW, Jan. 12 Three earthquakes h.ivm been recorded lv the selsmcgm , h jt the coast and geodetic survey nun " , tic observatory at Chel tenham, M i' , land, during the 1'hmi 24 hours. The first U'gan on January 11, at 7:06:43, TMn meridian mean time. and lasted ."til 7:12:40. The maxl- maximum . urred at 7:06 10. The second eartn-mak began at 6 22 30 on the mornioK f January 12. and ended at about '., m a. wu The third hexan at 7:22:20 on th morning of January 12, and en'lei at about 7:52. The max imum occurr-d af 7;tl. The recorded' disturbances were very small, and v-f no doubt caused hy distant eartiinusikea, but the record i not sufflliit to give an estimate of the distance. . , WASHINGTON.' kn. 12. Forecast for North Carolina-. Partly , cloudy Wednesday, with much colder except in extreme west portion. Thursday fair; warmer la weet portion. Moder- ate' aorthwext winds, becoming vari able. . - . , ; ' , ATTY. GENERAL ISSUES REPLY TO MR. TILLMAN But Takes Up Only Part of South Carolina Senator's Speech. DENIES SENATOR TOLD ANYTHING Was Ignorant of Whole Af fair Till He Saw the Doc uments. (y Aeseelated Pre.) WASHINGTON, Jan. it. Attorney Oeneral Bonaparte tonight Issued a statement replying to that part of the speech of Henutor Tillman, delivered yeaerday, In which he declared the resolution In regard to th Oregon land grants Introduced by him In the: senate on January 31, 108, had been prepared hy the attorney general and that his "Interest In the matter had been first aroused by a delr to pur' chase some or the timber land." Mr. Bonupart: also replies to Ben ator Tillman's remark made In the senate last February that he had "not bought any land anywhere In the west or undertaken to buy any '' Mr, Bonaparte sets forth that suits against those holding the Oregon lands Involved In the case have been Instituted, a fact that uould have been ascertained by any one upon Inquiry of hi department any time within the pat four month. Mr Tillman had intimated no steps had been taken despite the resolution passed. The uttornry general disputes the senator's statem nt that he had In formed him In th .-lr conversation that it was the senator's Wish, to acquire some of the lands. Mr. Bonaparte sets forth that he did not know Senator Tillman had any personal Interest In the matter- Says Mr. Bonaparte: Told Him Nothing. "He never told me a word of any connection on his gft With sn ar rangement to acquire some part of these lands, nor that he Intended, ex pected, or even delrd at that time, to make any Such purchase. As stated by him, hi reason for making these Inquiries was that he might bet ter dacharge his public duties; and I was totally Ignorant Until t saw the documents transmitted by th president to Senator Hale, that Sena tor Tillman at th time of hi conver sation with me had any private Inter est whether actual or In expecation. I gave him a fult statement of the Information which had been collected by the department s the result of a protracted investigation, mad by Messrs,' Townsend and Mc&tahv special eMel; and which h4 con tinued during ' conslderabl part of th preceding year, i FRIENDS OF ADAMS FOUGHT IN VAIN "No More on Prancing Pal frey Borne, He'll Carol Light at Early Morn." (By J. Hooper Caffce.) j WASHINGTON, D. C Jan. 1. The president dealt a death blow to ring polities today when h declined post Uvely to appoint Judge Spencer B. Adam, ho of th republican machine In North Carolina to th federal Judge ship in th eastern district to succeed Judg PurHell. Th president - an nounced tonight that he will appoint H. T. Seawell, of Carthage. Judg Pritchard. of U, & court of appeals, and IS. C. Dugcan national committeeman from North Carolina, mad vral visit to th whit house yesterday In behalf of Judge Adams, but when they returned today the president told them that h would not appoint anybody who was not a resi dent of the atrn district lit declining to favor Judge Adam th president made It very plain that h saw no reason .why any number of men who reside In th district could not be considered flrt, Change of II so. '. .. Judge Pritchard and Duncan, then turned their force In support Of H F. Seawell, of Carthag an aked th president to appoint him. If th judg muot bs a resident , of th district, Hardly had Pritchgrd and Duncan left th txecutlva offices. whit former Gov ernor Aycoch appeared -and made a strong appeared In fe1ulf fit W. . oUh Robinson of Goldrfboro, Mr. Robin aon also saver too much nf th old time ring work of North Carolina, r. publlcanhmv aoya th president and Ayeook did not get any great satis faction. . Wi Otto Ef$d, ' The' rac for th Judgeship ha real ly simmered down to Mr. Beawell and if Is a f prediction that h will be named, H will be remember. ed a a former offensive popu list and his earnest campaign In lt, in behalf of hi republican "frtond" I still remembered to thl day. Mr. Seawell bear an unanvlabl notoriety In consequence of an egging b r celved at the depot In Shelby Just after ne had delivered a scathing 4nuncia. tion of democratic principle. Mr. Heewell iud the railroad for failure to protect him from th odor of th 'hen fruit" and ubtulnea Judgment. Thorns Kettle, of Ashevllle, another applicant for the judgeship had made frequent visit to th white Rouse and to congress during the last few day. Mr, Settle, however, understand that th president will not appoint a man not a resident of the district and he has withdrawn from the contest. KERN IN LEAD FOR SENAT0R8HIP (By Associate Prssi.) INDIANAPOLIS, Jan. 12, On the ev of the caucus which will choose a democratic snator to succeed James A. Hemenway, the situation tonight Is hs complicated as it has been for the last ten duys. Candidates and their managers claim the following votes: John W. Kern, 30; B. F. Shlvely, I; U Ert Hluck. 1; John E. l,aml,' 10; Edward O. Hoffman, 12; Major i. V. MellZles, , There are S3 democratic legislators, making 43 votes necessary to nomi nate, John W. Kern declares hs will be nominated on the third ballot, hut his opponents, especially the sup porters of Hhlvely, say Kern's strength will leave him on the second or third ballot TENNESSEE SENATE PASSES THE -STATEWIDE PROHIBITION BILL (By Assoelsted Press.) NAKTIVILLK. TBNN'., Jan. 12 Sen ate bill No. 1, providing for the pro hibition of the sale of liquor in Ten nessee, tonight passed Its third and final reading In th senate. The vote was 20 to 13. It Is said that the house will pass tae bill tomorrow. The debate preceding the passage Of the measure wa replete with Inci dents, one of which waa Former Gov ernor John I. Cox's speech ln defense of his past record and hi present at titude toward temperance legislation Another was charges made by Senator Dancey Fort, of Intimation against nv. E. Folk, whom he termed th "high mogul", of th anti-saloon lea gue. Senator Fort charged that Dr. Polk had threatened to ruin him re ligiously a well politically tf he ROOSEVELT SAID "NOTHING DOING" Friends who Went to Wasli- ington to Aid Adams Fall' Down. BV TAV. ' " (Special Correspondent of ThoCItliehV, WASHINGTON. D. C.t Jan. II Kx- Judg Adam, didn't get It. H. P. Bee well, practically an outatder In th betting will be North Carolina' new, Judg. - Seawell I ft Carthage.- Moor county 'mart. H, la certain that th president will' sand hi nam to th senate within few day, 1 '- Out ' of , half dosen 1 contestant. Adam finished a had hut.' H realiv never ha 4 a look In. Th pridet oowidererf him "Imbpossible,' , JudJ Pritchard,' Mr. Duncan and those mn- chlne men, who follow their leader ship, ar tonight keenly dlsappolntui) men, . Their trip here In behalf of Judge Spencer ft. Adam wa fruitless. They entreated, coaxed and begged th president to give th judgeship plum to Adams, , Finally seeing that the president could not be reconciled to Adam they reluctantly withdrew Adam' nam, substituting Sea well. Judg pritchard cams her fn th be lief that hi prestlg with Rnoseveit would win for Adams, hut to hi cha grin he found that th president eoulit not be convinced that he would b Jus tified In appointing tho real hud of, th North ' Carolina machine. . presu dent . Poiwevelt declared Adam win eliminated because of residence In tltu western district Instead of th stnrn in which th vacancy exist. Presid ; f Roosevelt . one - before, turned d i th Nurth Caroling machine, H nuked to chop off th official head of District Attorney A. E. Holten whin the lttttrr Was-sending Internal Teto nue men, appointee of the machine, to th penitentiary, Th prrsident re fused' fo fhop, . Although It cannot b said that th president took cognisance tf fact It I a peculiar coincidence that many of th Influence brought to bear for th ousting of Holloa war used In behalf of Adam. In both In stance the president used hi own Judgment Instead of acting on th ma. chine's advice, and both time h act ed In defiance of tremendous exertion ' of high Influent, North' Carolina should remember this In favor of Mr. Roosevelt. . , WHO MR. NEAWEMi IS. Mr. Hen well is said to he welt 0Ual-, IHnd for th position, but .It cannot be said that hi appointment will re joice old time republican, beeaus re publicans her said yesterday that Mr. Seawell had been a populist and had distinguished himself by voting against Koosnvelt for president. This I stated simply a a rumor. It I slid that Mr. Seawell had said that h would not vet for Mr. Hooaelv' for president It th latter had don tl4 said a certain thing, later finding he wa misinformed, but it la said that so Ur from being Offended at Mr, Seawell the president expressed Com time ago his approval of a man who -voted us he thought right , ; ; sir, ni-Mvren m shout e years ps . age. Me served a solicitor four year from 1)14, and In tilt was a candl dale on the republic ticket for su perior court Judge, nd In 194 wa a candidate for presidential elector, He wan populist candidate for lieu tenant governor In lt. During Ui , political campaign Of 1S98 bad egg were thrown at him at Hhelby Ma lion and he recovered damage from it... ,..iiP,.,i , Tough on Organisation. The election of Mr Heswell knock to - H the "organisation" program, and tho,ie who were "In" wish now: they had kept out. It was especially . desired to put Judge Adams out of Ihe way. It Is said, so that K C. Dun- can could become state chairman and for the place of collector of Internal (Continued oil o twe.) voted against prohibition and forth, charged that Folk was attempting to carry out bis threat ay publishing la his paper an insinuation to the effect that Kort was an Infidel. -;! in ih horns todsr fteDresentailv Cooper, Introduced a resolution, base if on published reports to too necx mat the Rev. E. V. Chappet and th R.. B. F- Haynes. prominent Methodist minister of this elty, har stated that afrnrta are bain Mad to Seduc and corrupt member of th , legislature. The resolution authorised th speaker to issue a citation to Messrs Cbappet and Haynee to appa at one In tf house and 1tl specific charge, giv ing h name of tn gunty panics, the eorrupted mero her, the witness.- and the parti" h are. circulating the "felonious cl 1 t'f ,, . t ' -.4. -