Newspapers / Asheville Citizen (Asheville, N.C.) / Feb. 27, 1909, edition 1 / Page 1
Part of Asheville Citizen (Asheville, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
THE ASHEYI.LLE 0ITIZEM THE WEATHIIl PAIR -'Associated Press ' Leased Wire Reports VOL. XXV. . NO. 130. ASHEVILLE, N. C, SATURDAY MORNING, FEBRXIAY 27 1900.' PRICE MVE(ENTS.t SCORE POINTS FOR COOPER OF IMPORTANCE Judge Rules put Testimony As to Carmack's Mood on Day of Shooting SENATE SITS UP SUDDENLY COMMITTEE : EXONERATES! ALL OFFICIALS y 7 f t;4 ROOT SEVERE ON THOSE WHO IN SURPRISE SLANDER JAPS When Tillman Offers Reso Investigation in Depart-' Calls Thom Gentlemen, lution to Bar President's Messages From Mails. merits Show no Culpa- ble Neglect .vi "Behold The Conquering Hero." Scholars, Deprecates Our Insults QUEST OF HONOR REVOLVERS ARE ACCOUNTED FOR Ninth Day of Trial Finds Defense Still Present ing Its Case. NASHVILLE- Tenn.. Feb. 26. i The ninth day of actual testimony In the Cooper-Sharp trial for the slaying of former United States Senator E. W. Carmack was marked by lengthy andj xim.. - .rrnniMil htvAnn nnnnslnffi counsel, and closed with a decided I . - , T advantage for the defense. At the same time an Interesting law point was decided by Judge Hart The defense early In Its case in chief offered proof that Colonel Coop er was told by Edward Craig, whom the Colonel had sent to see Senator Carmack. that Carmack was in an "ugly humor." The defense's case was based really upon this one expres eion for Colonel Cooper and Robin both' testified that they armed them selves because they were led to believe from this remark that Senator Car mack might assault the elder Cooper. Today the state ottered to prove by two of the defense's own witnesses, Major Vertrees and Assistant State Insurance Commissioner T. Leigh Thompson, that Senator Carmack was not only not In an ugly humor, but laughed at the idea of trouble Baled for Defense. The defense fought the admission of this testimony with more vim and bitterness than has characterized any argument since the trial began. Learned counsel offered two reasons why It should be excluded. First that the state could cross examine only on such matters as had been gone over In direct examination. The court .promptly rejected this theory. Next the defense argued that unless all the conversation ef witness with Carmack at well as their observation of his manner and appearance had been eommaalcalcd to the defendants, the testimony Waft Inadmissible. In the Question of Major Vertrees testimony of Judge Hart excluded the Jury and permitted the state to ex amine the Major for the court's ben efit. 'He admitted all that the state said be would, that Carmack laughed at the Idea of trouble, said he had done nothing to provoke It and that he wanted a revolver simply to satisfy his friends. Then counsel on both sides argued and, the court held with . the defense. Later In the day when T. Leigh : Thompson was on the stand almost! the same question arose and the ar-1 gument began aew. Judge ttart saia i he would render his decision tomor row, but intimated that unless , state had discovered some new au- thorttM to support Its contention. "8e wno prey "P irane. he would rule but the testimony. hulwltfy mil In. Colonel Cooper Called. j rhe " h ""r"' "f thp house Colonel Cooper resumed the stand over the passage of the senate ocean when court opened and said: j mall subsidy bill opened today when "I wish to rrrake one statement the majority members of the commlt My testimony yesterday as to helping tee on postofflces and postroads sub fin nlfl nlrtler with money, as I read . mitted a favorable report on the bill. It In h stenoaranhor's transcript this hiornlng was misunderstood, and I am afraid It is my fault. I secured $1,060 from my farm. I gave only 150 of It to the oTd soldier, but evi dently every one thought I said 11.050. That's all." Cooper was then excused. After some delay waiting for a witness who did not arrive, Lieutenant M. B. PU cher. U. 8. A., who found the revol ver near Carmack's body, was called by defense. He said he had Just left the club a block away from the trag-1 edy beforTTfhe ETTTlng. and saw crowd. He approached and found Senator Carmack lying In the gutter, face down. His right hand was ex tended and th revolver was eight In ches from the hand. Witness picked up the revover and broke It. It con talned four loaded shells and twoj empty ones. It was a 38-callber ham-1 merless. On cross examination Pilcher saldlsldered among the democrats to nu- he had no means of knowing how long it had been since the revolver had been fired. Revolvers Identified. Sergeant Meadbws of the Nash ville police force 'was the next witness; He went to Fort's Infirmary and got (Continued on page feur.) PATTERSON SENATORS SKIP OUT TO DEFEAT PURPOSE OF THE LAW (By Associated Press.) NASHVILLE, Tenn-, Feb. J That thirteen members of the state senate have fled the state in order to defeat the purpose of the recent elec tion laws passed over Governor Pat terson's veto, Is believed In well in formed elrcles tonight. The thirteen members Were this afternoon declared In contempt of the senate by that body and the sergeant-at-arms was Instructed to go In pursuit 'of the ab sentee It to declared further that the ab sentee will remain away during the remaining twenty-two days of the legislative session, thereby leaving In the hands of Governor Patterson the election ' machinery of the state and defeating the expressed will of the majority ef both bouses In passing orar the protest of the governor, taws BOTH HOUSES ARE ALIVE WITH DOINGS Last Days of Session Crowd ed With Happenings That Are Unusual WASHINGTON, Feb. 2. Senator Tillman today astonished the senate by the Introduction of a resolution In. structlng the committee on postof flce ad post roads to Inquire wheth - . messages ana reports recently sent to congress by the president should not be excluded from the malls as obscene literature untfit for circula tion. The resolution was on motion of Mr. Tillman, referred to the com mlttee on postofflccs and post roads, Its reading in the senate and reference causing no discussion. The resolution Includes not only tho president's message but the report of the commission and the committee on poBtofficee is directed to consider whether the use of the malls should not be prohibited to the entire matter, The resolution refers to the presi dent's homes commission, dealing with homes In Washington, to the message on the commissions report and to the report Itself, -which treats of conditions In the alley homes of the city In plain language. Naval Stores Trust. Senator Tallaffero, of Florida, today spoke at length upon his bill to pre vent the manufacture, sale or trans por'tation of adulterated, mlsbranded or falsely graded naval stores, having especial reference to rosin and tur pentine. Charging the existence of a trust In naval stores, Mr. Tallaflerro had read a memorandum of agreement of March, 1905, between the Patterson Downing Company of West Virginia; 8. P. Shorter Company of West Vir ginia; The Soclete Anonyme Des Real' neaux of Belgium; Nickoll and Knight of London, England, and the Globe Naval Stores Company of West Virginia, relating to the formation of a company to deal In naval stores and stipulating terms upon which each of the parties to the agreement should sell turpentine, rosin, etc. Mr. Tallafferro charged the parties to the so-called trust with having practiced various offenses such as false grading and giving short weight manipulation of the market for tur- pontine and rosin below the cost of production, the coercion Hnrf ruin of their competitors, and "about every ,; re.prehenb,,8 practce adopted . ... .... and the minority members were sriven until Monday, noon, to xubnilt theirs. The majority report was prepared by Representative Goebel, of Ohio, and states that the principal provision of the bill Is that American mall steamships of 16 knntB an hour or over, and of 6.000 gross ton shall be paid 4 a statute ml'e on mall car ried on lines to South America, the Philippines, Asia and Australia. It was explained that the bill would provide ror a man service 10 or equitaDiy aistriDuteo on me mnui ocean, the Gulf of Mexico and the Pacific ocean. The ships. It was de clared, must be of such a nature and so equipped that they miKht promptly and economically be turned Into aux iliary and naval cruisers. A vote will not be taken until late Monday or Tuesday when a rule ror the consideration of the hill may be reported. A proposition is belnj? con- buster against the bill. Sundry Civil Bill. After having dragged along for a week, the sundry appropriation bill, carrying In the aggregate 1137.000,000 was passed by the house tonight, with numerous material amendments. The (Continued on page six.) designed to relieve him of this au thority. The Joint resolution providing for a Joint legislative session tomorrow for the purpose of electing the mem bers of the state election boards, as provided for In the recently enacted laws, -and a state treasurer and state comptroller,, was vetoed by Governor Patterson today. There was no doubt of Its passage over his veto, but the action of the IS members of senate in remaining away from today's ses sion, thus preventing a quorum, ren ders action on the veto message Impossible- If the members remain away until the end of the regular ses sion. It would then, be necessary for the governor to calf a special session to enact appropriation laws and elect a treasurer and comptroller. . DID NOT SLANDER TARIFF SCHEDULE Taft Complains of Touch of High Life Reporters Give Him. (By Associated Press.) , NEW YORK. Feb. 26. President elect Taft made a vigorous protest to night against what he said was an ab solute misrepresentation In certain New York afternoon papers as to what he said during the day In an swering questions regarding tariff re vision. He had stated, he said, that the preoent business' depression was un doubtedly due in a large measure to the fact that the tariff is tQba re vised at an extra session of congress to meet March 16; that It was of the ihlghrst Importance that this work of revision should not be delayed, but executed With all possible diligence. Mr. Taft also said he favored the Idea of a permanent tariff commission the plan for which should be worketi out with deliberation, the duties of such a commission to be to make a careful study of the operation of the proposed new tariff law, to the end that suggestions might be made the future which would" tend to place the whole question of the tariff on more certain and scientific basis. What They Made Htm Kay. Upon this statement Mr. Taft was made to say that the present tariff schedules wero responsible for the present business depression, and that when they were revised their own parents would not knbw them, all of which was amplified at length ana made positive by appearing to b a vigorous and enthusiastic statement. Mr. Taft was particularly perturbed over what he called a misrepresenta tion, particularly In view of the weight which is now given his words because of his official position. He had, he declared, .changed his post on in no way, and nmu the same views he had publicly announced dur ing and since the campaign. Tho subject of the tanrr. came up today because of a call upon Mr. Taft by J. W. Van Cleave, president of the atlonal Manufacturers Association, n which the subject of tariff cnmmls- on was mentioned. Mr. Taft spent the day at the H. W. Taft residence, where he received a umber of callers. These visits, he said, produced no developments of ny character. FELT SHOCK 5,000 MILKS AWAY. (By Associated Press.) COWEB, Feb. 26 Professor Milne's seismograph on the Isle of Wight re corded a vast earthquake shock at five clock this evening, supposedly 5,000 miles distant- CREMATING OF FAMILY MAY PROVE CRIME BAKERS FELD, Calif.. Feb. 2. Mrs. Minnie Beekman, widow of W. M. Beekman, who was a prominent resident of Kearn county, and her four children were burned to death In their home four miles south of Bakerafleld today. The police say they were murdered en1 that the house was fired. The children were Vema, Raymond, Annie and Arthur, ranging from six to fourteen rears. The charred bodless were fo-jnd m bed. The half consumed maltrrrsa. on which' Mrs. Beekman had slept. was covered with what appeared to be blood stains. It was sent to a chem ist for analysis. Mrs. Beekman' nor. band died a year ago. He had two children by a former wi:-, To these be left flOt each, and bequeathed the rsmalnded of his t7Mtt estate to his widow and her (oar children. . . . SHIPS OF FLEET !, CO TO STATIONS Disintegration of -Famous Aggregation of Fighters Begins. x ' (By Associated Press.) r FORT MONROE, Vs., Feb, 2v The disintegration, of the powerful naval force, which has been at anchor In Hampton Roads since Monday -last, began this afternoon. Tba Minnesota and' Virgin la,. late in the day, left for the Norfolk, navy, yards to undergo docking and to receive preparation for the summer maneuvers. The three scoot cruisers, Chester, Birm ingham and Salem, sailed for. New, port, R. I. The battleships New Jer sey and Rhode Island, aro- .ordered away tomorrow, the former to Boston ant the? tetter t"rlew 1frvX Other ships are to follow the New Jersey and Rhode Island very short ly, it having been determined that "admiral's Inspection" shall be de layed until later In the year. Just what is to be done with the ships of the third squadron, the so- called stay-at-homes, has not been determined. It Is said that the third squadron undoubtedly will be given a West Indian cruise. One of the most picturesque s'trhts Hampton Roads has ever known was presented today when Admiral Far ragut's old fluRNhlp, the Hartford, of "Damn the Torpedoes" fame, came steaming In from Annapolis and cast anchor near the modern 16.000-ton Connecticut. With her wooden hul and bark rlc, the Hartford presented a. striking contrast to he armor clads of today. Bhe will be UHCd in helping to transport blue jackets t Washington for the inaugural parade. REVENUE CUTTER IS FAST ON ROCKS Mohawk May Be Wrecked by Having Hole Cut Through Her. Bottom. (By Aiioelsted Prats.) NEW YoitK, Feb. 20. The i:nlt-J States rfvrnu-; cutter, Mohawk, bound from New Iondon for Tomiklnsvlll. ran on thi rucks In Hell Gate, oft Wards Inland, known as Little Hog Hark, latfi today and at a late hour tonight wan cilll hard aground, de- plte the efforts of several tus-s to move her. The cutters bow wax rent ing on two-. -dired rocks and It Is fear ed they will tear a hole in the ship't bottom. The wireless telegraph brought news that the Muliuuk is leaking badly and that there Ik xome water in the I1r room but the pumps are keeping ahead of (he flow. Several plates In the cutter'H l are broken and oth ers are bent. The Mohawk was running al half speed through Hell Gate, one of the nastiest spots hereabouts, when "he struck the reef. The tide ruBhe through Hell Gate like a mill race, and It Is prooimed this carried the cutter onto th" reef. The moment the Mohawk struck, the men of the crew were ordered to station and the wlre lejM Bent out a call for help. Captain 8taley M". Landrey Is tn command. (FAIR WASHINGTOlf. Feb. II. Forecast for North Carolina: Fair and warmer Saturday: Sunday Increasing cloudi ness; moderate winds mostly south- west.'. i,L.Ua WEAVER TO OFFER SUBSTITUTE "BILL New Measure Designed to Meet Objection to Police Commission. s (Special to Ths Cltlsen.) . RALEIGH, -N. C, Feb. IS. Rpr. tentative Weaver will have a substi tute bill for his original police com mission bill for Ashevllte offered when the measure comes Up In ths senatr for pasage. The substitute Is drawn to obviate soma of the objections which have been urged' against the original, but conform In the pain to the original b!H.. . ':y : ' , , ,Ths"substltuta bill !tnalteli' ssverat important changes In the measure originally proposed and eliminates some of the features that were objec tionable even to the friends of the poller commission. In the first place the commission is to be made elective after the expiration of the terms of thoHC named In the bill who are the same as those originally proposed. Provision Is Aiade for tho tilling of va cancies by the board of aldermen. The substitute makes the term of the chief of police two years, and makes that of the officers under him subject to the will of the commission, hut provides that no officer shall be re moved except for cause. The pay of the force Is to be provided and paid by the aldermen, but may not bo re duced without the consent of the com mission, nor can the number of men on the force be reduced without the commission consents. The commis sioners themselves are to serve with out pay. The other provisions of the substl tulc are practically identical with those of the original bill. The com nilssloners are given full authority and control over the police depart ment, and muy make rules, regula tions unci orders for Its government. It may summon witnesses to testify and administer oathf. but only In matters pertaining to the department or for some breach of the department rules. Hy sutiNtitiiting the new measure In the senate Mr Wtwver obviates the necexHliy of the refei-ncn and readings when the bill goes back to the houae All that will remain to he done will be for the house to con cur In the wenate amendment If the senate paaseH the bill. There Is hut little reason to expect Henator Hrltt to be any more In favor of the substitute measure than he was In favor of the original, hut Mr Weaver may be able to muster enough of his friends In the upper house to vt his hill through in spite of Brltt's opposition. BOY'S EVIDENCE MAY SAVE LIFE OF HIS FATHER TECATUR. Ala., Feb. 21. CorWn Clement, the nine year Old son of Bob Clements testified today In behalf of his father who Is on trial for the killing and burning of the Kdmond son family near- Woodland mills last November. The boy proved the strongest wlt- ncm yet produced In his father! be halt "I was asleep when the (Ire com menced," he said. "Mama woke ms up and I woke papa and he hurried to ths bam." The boy said he was at ths Ed mind son house before dark on tho evening; of the Are and saw all the F.imondsons at home. Previous tes timony had been to ths effect that Clements kilted the family ths day before the fire. Clements Himself took the stand and his testimony was' to the effect that EdmondsoB himself had killed his family and fled, The ease win probably ao to the Jury tomorrow. , . OF PEACE SOCIETY Mr. Taft Tells How He Learned to Servo Un der Root. NKW YORK, Feb. t The peace society of New York brought togeth er around the banquet table at the Hotel Aster tonight a notable gather ing of men prominent in national, state and city affairs. The dinner was In honor of Senator-elect Ellhu Root, of New York, and Joseph H. Choate was toastmaater. President-elect William H. Taft, Governor Charles B. Hughes, . HL lion. Jamas Bryce, ths British ambassador) Baron Oogoro Takahlra, ambassador from . Japan, and Joaquin Nabuco, . Brasilia!) am bassadors, were ths speakers, and the guests numbered about 100, President-elect Taft arrived early and as he cams la with Judge Alton. Parker the guest arose and gave him sn oration. Mr. Root; ths guest of honor, and Joseph II. Choate.' who In the absence of Andrew . Carnegie, president of ths society, presided, fol.jft4 council of stats. , - lowed Mr. Taft and Judge. Parker Root Lauds Jup. Mr. Root dwelt upon ths causes that lead to war, and said: 'in this country of ours ws ara far from fres from being; guilty, of all those great causes sf war. Ths gen tlemen who Introduced Into ths legislature- of California, - Montana , and Nevada, the legislation regarding the treatment of the Japanese In those states doubtless bad as conception of ths fact that they were doing to that great nation of gentlemen, of soldiers, of scholars and scientists, of states men, a natron worthy of challenging and receiving-the respect, the honor And ' homage1 ' Mankind, 'an Injury by an Insult that 'would bring on prt- vtrt war In any private tula ion Is Mr wn country.' :. v "But a few days ago a member sf the houss of representatives, with no other apparent purpose than to make himself prominent by an attack upon an American, charged upon ths chief magistrate of the little republic of Panama a fraudulent conspiracy with regard to a contract under negotia tion by ths government of that coun try regarding the forests of Panama. All Panama was Instantly alive with Just Indignation. This Insult was felt all the mors keenly because we, with our ninety millions and our great navy and army, presented an over whelming and Irresistible force with a little republic whose sovereignty we are bound, trebly bound, in honor, to maintain and respect- These are the things that maks for war, and If you would maks for peacs you will frown upon them, condemn them, os tracise and punish by all social pen alties the-mon who are guilty of them. Now this Is ths subject for you to deal with. The government cannot reach It; laws cannot control It. Public opinion, public sentiment, must deal with It." Ambassador Bryce In concluding his address said; "President Roosevelt and Mr. Root will be long remembered as states men who have deserved well Indeed of the sacred causa of peace." Taft Learned to Morva. Kvery one In the room arose and with a waving of handkerchiefs and cheering greeted Mr. Taft as he took the speakers' tribune: "The first thing that I want to say," In an apologetic tone, began Mr. Taft, "is that Kllhu Root ought to be president-elect and I a prospective mem ber of his cabinet, because I know how to eervs under him." "It fell to my lot to be invited Into a far distant country, where, If I had not gone I should not be here. At least that la the way it fell out. An l I owe the fact that 1 went there to the clear, lucid, forcible statement and advice of the guest of the evening, who pointed out to me that as be tween the course that Involved risk and pioneering and doubt and that which was comparatively easy, It was the business of a man who txrllcvcd himself strong enough to take the rougher course. If it seemed to any wnoeo opinion ne naa respeci tor, uii It was his duty to do so," I "BILLY" SUNDAY HORSEWHIPPED, WALLOPS ASSAILANT IN CHURCH (By Assoelsted Press.) 8PRINGKIKLI, III., Feb. 21. Rev. William A. Kunday, better known as "Billy" Sunday, a former baseball player, who Is now an evangelist, was horsewhipped tonight at the Bun day tabernacle, where, in the pres. ence of 1,000 persons he was con ducting the opening meeting of a re ligious revival meeting. Ths evangelist was leaning against the pulpit when a powerful man, who later said his name was Sherman Potts, sprang forward and struck Bun day several terrible blowe with a bug gy whip. fiV,1- Sunday leaped from the platform and dashed his assailant to the floor In the center aisle. The audience was 'on the verse pt a panic, with women ADVISE CERTAIN - ; CHANGES IN METHODS Sensational Report of Last Auditing Committee is; j .. Not Sustained. . JULEIGH,. reh, In both hou as of the legislature this morning was read the report of the select com- ; mlttee. appointed to consider ths sen sational report of the auditing com mittee of ths last legislature that In vestigated ths offices of siats treas urer, auditor and Insuranoe . aommls- sloner. ( . . i The report Is signed .by alt ths members of ths Joint committee, in. eluding ths republican. It finds that 41 'the auditor' warrants- criticised by ths auditing committee wsrs fully authorised by law. an a to ths vouchers for ths Ooldsboro hospital for money to repair . buildings, it states that no such warrant and no such voucher number can bs found sn ths treasurer's and auditor's books, that ths hospital owes nothing for furniture or repairs, but does owe for supplies authorised br ths governor to Ash oommlssloner Mssklns. ths report, after going exhaustively Into the evidence concludes that whils his renting a houss and boat from himself was technically In contraven tion ef ths taw. It was ail done with ths approval of - the Board under which he served, waste the advantage ef the' stats, and under 'the circum stances was the only "way In; which be eould have discharged hbr duties, ' , : -rffi-y Insurant OfrW '. As to the Insurance commissioner the report flnd as a faut the state ment of the auditing committee that aa evMencs of. any dishonesty p ds closed on five part ef anyone handling the funds' p securities and that there la no suggestion of any sueht that the securities have ben kept according to law In a safety, deposit bos tn vault ' la a bang in this city, fTrf stats bavins; provided' he "modern vault for any tats officer, that a more modern and . easily understood system of bookkeep ing should be Installed' under which balances should be made at regular periods, and that the commissioner Is Installing changes stiff td by the expert accountant employed with the ' oonsent and at the expense' ef the commissioner, which latter fact ths auditing committee failed to report to the legislature; that the statement of the expert accountant that he eould not make an absolutely correct state ment of this account Without going back and checking up the entire bus iness since ths establishment of the . office Is erroneous In Its belief that the statement of the expert that tve cash book had been kept showing ac curate receipts and disbursements of funds wss very misleading as the com missioner dose keep a day book la which a record of alt receipts la de tain, while his bank book as Insurance commissioner shows an disbursements ' and a separata ledger account shows disbursements of ths fund for ths In- -vestlgatlon of fires; that the commie-' loner should, however, change this -method end ksep a regular cash-book snd show the dally balance; and that he Is adopting this recommendation of the auditing committee; that thsrs has been no Improper mingling of private funds with thoss of the de partment, that the law ought to be changed so that the commissioner would be directed to acoept under sec tion 4710 of the revlsal only ths class -of securltlss described In section tilt, the auditing committee having said that securities filed by the Insuranoe , companies were not property trans-:, ferred to the Insurance fnnmlssloner: that no stocks deposited with the commissioner payable to bearer as said by the auditing commutes, and the bonds are North Carolina bonds and the like that are payable to bearer and the taw la sufficiently compiled with as to them without an actual endorsement 1 Record nt Securities. -As to the record of securities each company depositing security, furnish ed the Insurance commissioner with a duplicate record of each security. one receipted and returned to the com. pgy, t), otner Kept by the eommls -L- I.nn.r -L- -i.-n.-.riai-irn-iririr (Continue so page Ave.) weeping and children screaming, while Potts and Sunday rolled and tumbled In the aisle. 1 Mr. Fischer, the choir leader, direct ed the oholr and the audience to sing and tn a few moments the entire au dience was calmed, few leaving their scats. Several men soon seised Potts and they held , him until policemen cams snd took hlrn to JalL . Sunday said he , suffered ' severs! ' very painful bruises from the buggy whip; The prisoner said that his horns : was near Lovlngton, III. Be made the attack, he said, la defense of the , virtue pf women which, be declared, bad been criticised by ths evangel ist. The police say that Potts is a re ligious fanatic.
Asheville Citizen (Asheville, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 27, 1909, edition 1
1
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75