, THE ASHE E OTIZEN THEWEATHEJt Asociated Press Leased Wire Reports. VOL. XXV. NO. 126. ASHEVILLE, K C, TUESDAY MORNING, FEBRUARY 23, 1909. PRICE FIVE CENTS. SHARP ON STAND BECOMES CONFUSED UNDER GRILLING HOME COMING BATTLESHIPS CHEERED BY THOUSANDS AS THEY ENTER HAMPTON ROADS OF STATE'S ATTORNEYS v VII Robin Cooper Undergoes Cross Examination With Little Damage. OONSPIRICY IS STOUTLY DENIED Governor Patterson's Name is Again Connected With Preceding Events. (By Associated PrH.) NASHVILLE). Tciwi.. Feb., 22. When court adjourned tonight In the miiiKt of the croas-exml nation of John D. Sharp, the honors were .easy between the Mate and th defense In the Cooper-Sharp trial for the slaying (if Honator Carmack. Young Robin Cooper, under a bitter cross-examination of nearly four hours held his own with ease. He was always cool, care ful. and displayed an inclination to lie absolutely fair. The net witness and the only other one of the day- was John D Sharp, another of the defendants. Sharp told hla story well under di rect examination and made a good Impression. But he was turned over to Attorney-General Garner of Maury county, tor cross-examination. His cross-examination is of the rapid fir order. , Sharp Is Confused John Sharp is a man of high tem per and darner soon had him beeldo himself. contradicted himself on many minor details, but never on the more Important particulars. Once he got on dangerou grounds. On direct examination Sharp swore that he saw tho killing and that "Carmack fell after Robin Cooper had fired three times. " One of the bullet wounds, a neces sarily fatal one pierced the senator's neck within one-sixteenth of an inch of the spinal Cord and came out un der his tongue- As Sharp swore that Carmack was facing young Cooper, aiming a, revolver at him this wound would be impossible to reconcile with the statement, - On cross-examination Sharp said, wyrth4 .Cwmok turned - his head . ta( enough to permit' the ' ball to enter the median line of the heck on a straight line Sharp left the stand with a sigh of relief. His faithful little wife, who has never missed a minute at his side In court, sprang up to meet him and cheered With smiles and words of encourage fnenl. Cooper's Cross Examination Before eross-examtna.tlon began Robin Cooper testified to his relations with Carmack, -which he said were limited to a Speaking acquaintance. The cross-examination by Attorney General MoCarn then began. Revolvers Exltibltcd. Several revolvers were brought In and Robin was asked which one his father had carried on the day of the shotlng. "I do not.fcnow" he said- "The nlckle plated one looks like It. I only glanced at it.'' The state's contention is htat the gun said to have been found near Car mack's -body was In reality Colonel Cooper's, substitute for the one Car mack carried- Young Cooper suld the automatic revolver he shot Car mack with Was the first one of its kirn) he ever held in his hands. It developed too t!tt looking for his father the day of the tragedy Robin met Governor Patterson ami walked through the arcade with him at the S-overnor's request. This was not tes tified to on direct examination. He was armed at that time and talked with the governor about the trouble. "How often had you talked to Gov ernor Patterson that day," Twice- Once In front of the Tu lane." "And were you armed then?" "NO iSir. I got the revolver after I saw the governor the first time. "Toil suggested your uncle, James Bradford, to arrange the difficulty and you knew Bradford hated Car mack ?" "I knew he did not admire him." "Do ypu know whether there Is any reason -why Mrs. Eastman or Charles Warwick or Carey Folk should perjure themselves to deprive you of your llfs or liberty?" "1 do not." The lawyers for the defense were fighting each of these questions des perately, but the court ruled against them. Rotates Shooting Again. Coining to the point where the Coopers "were approaching Carmack just before the shooting, the state asked: "Will .yott say what Senator Car ROOSEVELT ORDERS RESTORED TO (By Associated Press.) WASHINGTON, Fob 22. Official amends for the sensational dimina tion of Jeff arson Davis' name from the stone tablet on Cabin John bridge six miles west of this city, during President Lincoln's administration is riven in directions tho president is sued today through the secretary of war to the chief of engineers of the army" to- rest or tbe name. Ths tab let is on the bridge that arches Cabin John ma on ths Maryland side' of ths . ; Potosnae river, a structure famous for , ., year as the longest single span atone mid f In the world. It was begun '- ' ander Paris as secretary of war and mack was doing with that pistol from the time you saw him drsv It until you got in his line of fire?" "He was holding it behind Mrs. Eastman ready to shoot" "But he did not Bhoot until you got around the pole did he?" "No air." He said the stone from- his scarf pin was blown out by the concus sion from Senator Carmack's revol ver. "What was Senator Carmack doing wnen you began to fire? "He was aiming his revolver direct ly at me." "There had been no unpleasantness and you did not draw your revolver until you were shot?" "I did not I was shot before I opened fire." "Was he standing erect at tho last shot?" "I can't Bay, he may have been falling." Robin showed the Jury the scar from the wound in his shoulder. "Is not the wound or course of the bullet distinctly upward?" a.iked General MeCarn. He admitted it was. 'Old you, in the spring of 190$, to Attorney Peples, denounce Senator Carmack with profane oaths and bit ter language?" I may have criticized the senator's political course." 'Did you use such language about Senator Carmack In his senatorial contest with. Governor Taylor?" "No sir for 1 was a warm support er of Senator Carmack In Jhat race." me counsel ror me state consuueu a moment and then to the surprise of every one the attorney-general said: "That Is all, your honor." Judge Anderson re-examined the witness briefly. Hliarp Called. He was then excused and John D. Sharp was called to the stand. Ha was questioned by General Meeks. Sharp Is a tall, athletic, dark man of middle age, hair sprinkled with gray. and piercing black eyes. He said he had been constable three terms, sher iff two terms and representative one term. Sharp said that he did not se the Coopers the morning preceding the shooting nor the night before, and had not communicated with either of them the night before or that morn ing. I saw Colonel Cooper Jn the Max well House about p. m., that day," Sharp testified. "I spoke and passed on, - About -4 o'clock I met Represen tative. Matthews, while there talking, the Coopers cams Up. "Was there any agreement to meet "There was not." "Whut happened?" He said Colonel Cooper asked him to go to the governor's mansion. Car- mack's name was not mentioned on the walk until Robin saw Carmack and then Robin tried to get his fath er away. Sharp said that he then turned and walked toward his own house. When about half way across the street he said he turned and look ed down the street. Why did you look down tho street?" Saw the Shooting. Well, many things came to my mind. I knew there was an unpleas ant feeling between Colonel -Cooper and Senator Carmack. His son Robin had betrayed anxiety to Ret his father away. I turned to see wnai mini be the result of the meeting. I saw five nconle. Robin was in the street I saw the senator step out towards the curbing, his hand thrown back to his hip pocket. When he got In my line of vision again outside th pole I' saw he had a pistol In his hand. As Robin got near the polo Senator Carmack fired. CermacK shot twice. Robin Jumped Inside and own ne around the nole and then shot three times. Carmack f-ll after the third shot." "Did vou meet a young lady?" "I met Miss Skefflnnton a few min utes after the shooting. Phe said 'what Is that?' I snid 'shooting.' Bh on i,i -who Is shooflnit.' I said be tween Colonel Cooper nnd Carmack. A minute later she said: 'Mr. Sharp you are Jesting.' I said 'no I am not and I fear Mr. Carmuck has been killed.' " "Did you bear Senntor Carmack any malice?" "None sir, but I opposed him very strongly In his campaigns. He eall- me John when we met and often Itert me about train schedules on political trips." After the non recess the direct ex amination of John D. Sharp was re sumed. The witness denied specifi cally ever havng said that Carmack should have been dead and In hell for twenty years. He had probably said some hard things about the sena tor's political methods. Cross Examination. General , Garner's first questions elicited that sharp and the Coopers were close friends. The witness oe clared he never saw the revolver Robin Cooper used until the boy was DAVIS NAME CABIN JOHN BRIDGE when he joined the Confederacy and became Its president, his name under government orders was chiseled from the tablet. Repeated efforts to re store it have been made. At the 1S0T convention of the Daughters of the Confederacy at Richmond, a res olution was adopted asking for the Davis restoratin, and Representative Myer, of Louisiana, sought unsuccess fully to have this carried out- This erasure of the name was made by direction of Caleb Smith, Lincoln's secretary or the Interior, after a Bug geetionj by GeJosha Grow, ef Penn sylvania, then speaker of the house. mm 'mmmmmmc mm Mil mi x$x mmmT mmi ROBS OFFICERS ANI REGAINS FREEDOM They Brought Prisoner Three Thousand Miles Only to Lose Him. .BRISTOL, Temt, Feb. 22. After being brought across the continent from Oregon, D. H. Meade, wanted In Soott county Virginia for murder,' made a daring escape at an early hour this morning from two officers at Appalachla, Va after robbing them their money, gun and watches. Meade was captured In Oregon sev eral weeks ago, having been a fugitive from notice for several, months. He Jtad bea brought safely, 1,000 miles by officers to Virginia. When the eel- cers reached Appalachla. with their prisoner they repaired to a 'hotel to rest and await a train that wuld take them to Gate City, their destination Tho prisoner was handcuffed, to one of the officers. When they were asleep Meade released the handcuffs, overpowered the offloers, robbed them and made his escape. Shooting It. and had no knowledge of KoDin cooper wanting to borrow gun. The state's theory is that the automatic revolver Is John Sharp's ana three times it has had the num ber on the gun entered in the record. "If the Coopers and you had kept on north, there would have been no killing at the telephone pole." "Not at the pole, no sir." "You felt so apprehensive of trouble that you broke, your promise to go witn coionei cooper to the gov ernor's mansion and started home?" "Well, yes." The defendant fought off these. questions but General Garner pound ed them, and repeated them half a dozen times. "Those shots were fired very rapid ly were they not?" "Yes, close together." "So the shots went Into Carmack all at once before he fell?" "No, after the first shut Carmack friend shot and you went on home?" fall." "Yon saw It all. You saw Car mack dtad, and the son of your best friend shot and you went on hone?" "I started home. I lntened to tell my wife what had happened and re turn to the scene." "Here is Senator Carmack's revol ver, the one found near his body. It is a dark pistol, yet you say on that cloudy day you saw this pistol at that distance. And you saw Robin's pis tol also, a dark one?" "I did." The witness was closely pressed too about his conversation with Miss Shefflngton. He denied very emphati cally that he had used the words "that Is Dune Cooper shooting Car mack." He admitted that he had not turned back to the scene of the kill ing until he had met Miss Skefflng ton. He next went around down town and stopped at a number of places. He denied that he did this to establ ish an alibi. The state declared at this Juncture that It proposed to take up the cross examination on a new line and that as the hour was late. It would be bet ter to adjourn until a. m., tomor row. The court so ordered. NEGRO ' Ml'RDERER JACKHO.N CAPTCRED (Special to the Citizen.) SALISBURY. Feb. 22. John Jackson, colored wanted here for killing of Policeman W. A. Monroe in Salisbury on Feb ruary 13. was arrested in Clin ton. Tenn.. today by the police of that piace- He will be brought to Salisbury Wednes day by Patrolman Frank C au to le, of Salisbury, who went to Tennessee tonight for the prisoner. ' Jackson shot ths of ficer with a Winchester rifle and' fled at "night . There 1m considerable excitement here ever his capture. . if. ,. . . 4: SEVEN PERISH IN WRECKED EXPRESS TRAIN Passenger . Train Collides Head-on With Engine on Delaware Division FIRE PREVENTED RESCUE OP INJURED Only Two o f the Passengers -Wre Hnrt.: Educated Horse Trixie Lost. fBv Aiioclitee Prsss.) WILMINGTON, Del-, Feb.. 22. Seven men were killed or burned to death early today 'In' a heaB-on col llsion between un express train and two locomotives on the Dolaware de- vlalon of the lvrensylvenia railroad at Delmar, 60 miles south of this eJty. Two passengers were Injured- The dead are: Oliver Perry, exprtww mes senger, Philadelphia; J- D. McCready, baggage master, Wilmington, Del.; W. T. Corkran, mail clerk, Philadelphia; J. W Wood, mull clerk, Wilmington; R. M. Davis, mall clerk, Philadelphia; Wllhelm, mall welffhman, Newcastle, Del. The Injured are: Miss Ashansopl tos, Memphis. Tenn., left shuUler bruised, and Lewis Brockway, In charge of the pony of Princess Trlxle company. Internal Injuries. Princess Trlxle the educated horse, was burned to death Immediately behind the locomotive was the ciunhlned baggage und mull car and a N'V York. Philadelphia and Norfolk bagman- car All the men In them were eltli- r killed or Injured The wreckage Immediately took tire and it was Impossible to rescu" those under It. Th- lire gained such head way that nothing could be done for the unfortunate men under the burn ing cars. The names burned until 9 o'clock this morning when the last body wus taken from the ruins- The bodies were badly charred. The two locomotives) which floured in the wreck met on the main line. Ordinarily theno locomotives come down the main track ami wait on a siding for the express. This morning the engines started for the side track bu-t were stopped by a train which was on the main track ahead. Superlntendi i t A. G Whitney of the Delaware division of the Pennsylvania railroad said tonight the wreck was caused by tlx- neglect of the firemen on the rear engine. BCRGLAHS W"ECK BANK. FLEMINGTOV, N. J. Feb. 22 The First National bank bulldimc ut Calif on, N. J . near this place, was wrecked and the entire town aroused eary today by an explosion of nltro gylcerlne set off by burglars, who got nothing for their pains, a crowd of citizens reaching the scene before they got the safe's inner door op-n. Th burglars fled leaving their tools be hind. - WASHINGTON, eb. it. Forecast for North Carolina: Rain Toesday and Wednesday, colder Wednesday In west portion Increasing south to south east windsw I Vs. Ui WEAVER LOSES OUT ON NEAR BEER BILL House Refuses to Vote With Him and Finally Tables The Measure. RALEIGH, N. C, Feb. 2 !. Ths night session, enlivened with sharp and spicy debates on the Buncombe bill of Mr. Weaver, tightening tbe prohibition law with the purpose of preventing near-beer establishments of Asheville from selling Intoxicating liquors under cover of their llglttmate business tabled the bill finally, on mo tion of Mr. Underwood, the house ap plauding. The Buncombe bill called forth a vigorous protest from Mr. Morton en account of the. provision allowing search of premises. Mr. Weaver offered an amendment to his bill that made a regular search war rant necessary to examine premise after complaint made, but still tho opponents were not satlflsd, Mr. Henderson objected on the ground that It changed the rules of evidence so us ot put the burden of proof upon the defendant. Mr. Weaver explained the situation In Asheville, telling how his people hud hud a prohibition law before the passage nf the general act, and how the city had become rapidly honey combed with near-beer establish ments that were violating the law and how hard it was to reach them without some such provision as this. No search of a private residence could be made under the act, he said, but only of some places where soft drinks or near-beer were sold, and then only after complaint by some reputable person about a particular establish ment by right of a warrant. Mr. Kltchln proposed to amend by pro viding that In case the person ar rested Is acquitted the one making affidavit against him shall be Indicta ble for perjury. Mr, Grant wanted to amend by providing thai any Per son buylnu intoxicating liquor from one sellint it illegally shall be guilty of a misdemeanor. The amendment was put. and the vote was It for and 38 against It. Then Mr. Kltchln's amendment was lost 31 to 37. Mr fnderwood's mo tion to table carried rt-lthout division.. RAINEY MAKES NEW CHARGES WASHINGTON, Feb. 22. A sec ond speech by Mr. Ralney, of Illi nois, reiterating his former state ments concerning the Panama ca nal, and a bitter arraignment of Mr. Italney by Mr. Burton, of Ohio, fur nished the principal Incidents in the house of representatives today. After the Illinois member hud Spoken for an hour In further denunciation of William Nelson Cromwell Mr. Bur ton took the floor to make reply. He vigorously defended Mr. Cromwell, C P. Taft. I'renldent-elect Taft and oth ers whom Mr. Kalney on a former occasion had made objects of his at tack. Mr. Rainey, he said, had fur nished no proofs of wrong-doing in connection with the purchase of the Panama canal franchise, but Instead had conjured up wrongs and buttress ed them with slander and falsehood. thereby placing himself on a level with "the scurvy politician. He challenged Mr. Ralney to get from behind the protection afforded him by the constitution of the United States and rules of the house and make his charges in the open. Mr. Levering, of Massachusetts, Joined In the discussion and Insisted that Mr. Rainey had proves nothing. The incident was closed by a dec Is ra tion b Mr. Cockran. of New York, that persons whose reputations were attacked In the house should have an opportunity to defend themselves is the same place. Evidence from Panama. -Mr. Rainey stated that ths eridencs be produced In support ef his charge of graft in connection with the buy ing of ths esnal, nearly all was ob tained from Panama. . : ' TWELVE MORE DAYS TO PASS BIG MEASURES Legislators Have More to D Than They Have So Far Accomplished IMPERATIVE BILLS AIIE STILL SLEEPING Among the Most Important Are Those Providing for Bond Issues. RALEIGH. N. C, Feb. -The bill to create the Asheville police commis sion cams to the senate today from the house and was referred by the president to the Judiciary. However, Senator Brltt. who says he will op pose the passage of ths bill took tho matter In hand and brought about It withdrawal from this commutes and Its reference to ths committee on counties, cities and towns: Judge Jones Is here in opposition to the bill and a hearing will bs arranged later, Two new bill were Introduced by Mr. Gaston, one for better roads In Beavordam, Buncombe county, and ths other to amend ths revisal to pro locution and defense bonds In cities and towns, A bill by Weaver would amend th charter of Graham rail road company. .Both branches of the general as sembly adjourned today In honor of Washlnfton' birthday aft.r long tyid Important sessions, . A bill ; Intro duced ky Senator Ormen to amend r tlcln eight of the constitution rela tive to corporation other thsn muni cipal Is designed to relieve the legis lature cf ths consideration of Innum erable local bills that cumber th calendars and consume the greater part of the sessions, this to be ac complished by delegating to the secre tary of state, the county commission ers and other local authorities ths control of various matters that cum ber legislature calendars. The house Dassed the senate bill tor 13,600,000 bonds to refund bonds fall ing due In June. 1910. Much Work aimnmi. The a-eneral assembly has usl twelve more working days ahead and as milch or more work than has been accomplished in all the forty dsiys that there have been business sessions thus far. The sixty days session , to which the constitution limits the leg islature Includes Sundays, hence un der the constitutional limitation there can only be fifty-two days of actual work this time, unless the lawmakers stay over the limit without pay round up the work, in saying mat there remains as much or mqre work for the assembly thun has already been accomplished, the time that should lie devoted to highly Import ant und far-reaching measures In their careful consideration Is consid ered. Several of the most prominent I members of the legislature , In dls- usslrig the matter today, agreed that If there wss to be the careful Inves tigation and discussion of measures i yet to lie disposed of thut their Im portance really reciulres. It would take less than six weeks, ) First and foremost Is the question j of bond Issues. Bonds for the com-1 pletlon of the plans launched by tho ( 907 legislature for adequate enlarge-; nent and equipment of the state hos-; pltals for the Insane this culling forj IGO0000, then there Is the million dol-; lars bonds declared to be absolutely necessary to attain anything like prop. .nnfiiv and eiulnment tor ins state educational Institutions--ths i University of North Carollna.the A a M. college, the State Normal and In dustrial college, and the Hat.rn Car-' oilna Teacher's Training school, these j being embraced along with the state hospital needs In the $1,600,000 Man-' nlng bond Issue bill. The lf.00.000 for the hospitals Is regarded by the lead- j era as absolutely Imperative, and sep- jsfvsjyjisys'Ti-f-y ' " ' rww-wii " ' 1 '" 1 fCentlnus Of! ease "vs.) REPORTED THAT THREE WHITE MEN - WERE LYNCHED (By Associated "rets.) MINERAL BLUFF, Oa., Feb., Ji lt is reported here that hree whlt men have been lynched nar here as the result of outrages! committed upon the stepdaughter of Robert Robert- eon, of Culberson, N. C- The son of D. Londermllk, cnargeo with being the main perpetrator In the alleged fiendish crimes uppn til young wman, has been placed tn Jail at Murphy, N. C. All of the persons ImpllcaU-d ar white, although H ha been Impossi ble to leant tho names ot th others Magnificent and Inspiring Siwtacle Marks End of Epochal Voyago. ' ; PRESIDENT REVIEWS SHIPS FROM YACHT Roads Alive With Crafts, Tooting Whistles and, Playing Bands. : t-essjsl esv Am , FOrtTltfJHH MONltOE, Va.f 4W 21. "Not iintlL some American fleet returns victorious from a' great sea buttle will there be' another such home-romlng, another such sight as . this. I drink U the-America nav." This was the toast of President Ronserelf today a he Mond radiantly ; hnppy in the cabin of ths graceful little cruiser yacht Mayflower at the1 eoncluslon of the rvlswnd ' the ceremonies attending ' the . welcome . home of the American battleship fieeU Ho wo surrounded by the admiral and captains of th sixteen world en circling vessels brilliantly attired In all the gold lac and paraphernalia of special full dress, uniform, , and very ids was raised In response to the president' suggestion., " Briefly th oommander-in-chlf of the returning ship mads hi response lo ths commander-ln-chlst of ' the srmy and the navy." .s. Thanks Men, To th men and Junior officer the president expressed hla, appreciation and the thank of th country for tho prestige which th cruise of the et has given to th Arnerlcnnavy by making' visit to th four divisional flagships. Xv ' V ;-,,., i ' Previously , on th Mayflowec hs hod paid a personal word of congrat- : uUitloh to all of tit flag and com mending officer.-- Among 'them were many warm personal friend of trie president. - and the hs fairly em braced after the formalities of their first salute had ended, on the Connecticut th president climbed upon th barbette, or steel foundation nf th attsrturreL with Its protruding twelve-inch rifle and In the shadow o those great guns ho briefly addressed th crw, " , When the president had concluded and ws about to be. "piped over th. . side" to continue hla round of the flagships, a member of th crew pro- posed three, cheer and a "tiger," They were given with a vigor that fairly swept th chief eiecutlv off til l feet. , , , KiiormiMU) Crowd. , Old Point Comfort never held atich throng as today and strong detail of artillerymen front , Port Monroe was required to keep the crowd from pushing those In th front rank Of the lines of spectator overboard in to the sea. Chr-lsdn bretsee twept from the shores out to ths Incoming vessels. The Old Point dock WM black with a restless crush of peo ple as the long column of ship drs ' near. Tonight the fleet once more St home, rests In two Ion lines. The vessels were brilliantly Illuminated . during the evening, th outline of their hulls, their masts and their towering funnels being painted tit th brilliant lire of electric bulb. ,, ' When they pointed their prows at -daylight for the gateway of th toad, r the Mayflower with the president and ". his party on board was steaming down Chesapeake Bay to the anchor age ground. While the leading ship were still a mile or more distant from the May flower, a puff of whit smoke from the forward bridge of the Connectl cut, followed by a muffled boom served as a signal to all the fleet that the flagship had "made out" th president's flog on the Mayflower. That first gun of the Connecticut' national salute to the president found every ship In the lino with' saluting cannon ready and the second pow der puff from the flagship had not , sounded when the guns of all the other ships had begun to speak In unison. The president mad his way to th bridge of the Mayflower while th saluting was In progress. On eith er side of ths Incoming fleet were scores of excursion steamers which constantly were keeping up a eon- tinuous roar of salutes from their varl-toned whistles and tho crowd aboard as well as tho throngs ashore were cheering In a chorus. NEAR MURPHY N. C or to ' confirmation of the) re ported lynching of three of the youruj men. '.,'';'.-. v-'V-' - It Is said that young Londermllk deceived the young woman by pro ducing a fake marriage certificate. In ducing her to leave horn wKh him and then assauHIng her. It te at; fcged that he forced her to submit to further outrages at the bands of sev eral companions She returned homo Yesterday almost prostrated so a re suit ot ths awful experience and re luctantly told the story to her unci and aunt.

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