North Carolina Newspapers

EW:LLE OTIZ 4 THE WEATHER SHOWERS. Associatev Leased Wire". -000. t VOL. XXV. NO. 133. ASHEVTLLE, N. C, TUESDAY AJORNING, MARCH 2, 1909. PRICE JTVEOL THE ASH COOPER'S ATTORNEYS BUY WITNESS FROM THE STATE AND PUT HIM ON THE STAND Defense is Rounding Out its Case in Many Minor Points BINNING SAW AFFAIR BUT WENT ON JHOME Identification of the Revol vers Still as Vague as Ever NA8HVELL, Tenn,, March 7. The spectacle of counsel on one side not only selling a witness to the opposl flon but haggling over the terms, was one of the elevating and extraordi nary Incidents today In the trial of Col D. B. and Robin Cooper and John D. Sharp for the slaying of Senator E. W, Carmack. The subject of the commercial transaction was Dr. Mc Pheeter Glasgow, one of the most eminent surgeons of the state, who had been employed by the prosecution to go to Colombia and perform an autopsy on Senator Carmack's body. He did so, and reported his findings to the prosecutors. He was subpeo naed by the state, but was not used The defense learned of the autopsy and summoned the doctor. Now Dr. Glasgow is a very ethicRl man. He told counsel for the defense that his services as an expert had been retained by the state, and that he would not discuss the case except with the attorney general. The de fense " asked the court this morning to instruct the doctor to talk to its counsel. The court complied par tlally by telling the doctor that It would be proper for him .to talk with the defendants attorneys If he had any Information that ' would throw light on the killing. The state ob jected and the doctor stood firm. Bought "Ha In a Poke." The stats suggested that the de fense resented the suggestion and de clared ft would put no witness on the stand without knowing to what he would testify. Then the state's coun sel made this astounding proposition: That it , the defense would pay the state the costs of the autopsy, includ ing br Glasgow's fee, the state Would waive Its rights -.The defense finallyi oongm ins gooas in me Dag ana Dr. Glasgow became their witness. The significance of Dr. Glasgow's testimony, was that any one of the three -wounds was necessarily and in stantly fatal, ahd that if the senator did not fire the first shots he could not hare fired at all. v Jury Disgusted. The. only other sensational witness of the, day was 8. J. Binning, who claimed to have seen Senator Car mack lingering his revolver and test ing the cylinder a few moments be fore the shooting began. He was bad ly confused on cross-examination, however, and contradicted himself on many Important points. The defense called Dr. G. B. Ed wards as the first witness. ' He made an x-ray photograph of Robin Coop er's shoulder. The doctor was called upon to qualify as an expert by tell ing what an X-ray was. He did so in scientific, terms, to the areat disgust of the Jury, which Is not above the ordinary in intelligence. He produced an x-ray photograph of Robin's shnuld.r. itlsnloslna- no bullet. On cross-examination Dr. Bd wards i said he was of the beUef from the scar en Robin's shoulder that the bullet never entered the body but merely ploughed through the flesh. Describes Wounds. " Dr. JdoPheeters Glasgow was then called by the defense. Describing the wounds on Benator Carmack's body,! he said: "here was one wound two inches below the left nipple and one Inch to the inside. The bullet pass ed .through the heart Four and one half inches below the right nipple and one Inch outside was a wound from which a bullett had been taken. An Inch from the left median line, of the neck was another wound which was black, the others were clean. The bullett came out of the mouth, two teeth being loosened and held by the lips only." The state reserved te right to cross examine. William Kenny, a traveling sales man, the next witness,- heard the shots. Two 'came together and were loud, he said. Then there was an In tervals and three shots came rapidly. R. H. Wright, a mine promoter Identified the automatic gun that Robin Cooper used. He said he car ried it when at the mines and lent it (Centtnuea on slx.1 COHORTS OF THE ENTHUSIASTS ARE MASSING AT THE CAPITA- WABHINGTON. Marsh 1. The na tional capital Is the meoca toward which the Inaugural hosts -are making their pilgrimage. The advance guard of the throngs which quadrennially f Islt Washington to witness the indue too into office of a new president be gan today In earnest. From evtry point of the compass very train and steamboat entering Washington today was Burdened with humanity, military, civic and other organisation being represented. The arrival of each military organisation at tha onion station was signalised with a blaxa of trumpets, tooting of nfea and beating of drums Extraordinary precautions are be ing taken' by th authorities to pro tect 'lnuinntbiii vtattnra from nick- dockets and thieves. At every point -.------------- - inn.n.mjr ALL LEARNED TO LOVE EACH OTHER ON TRIP Reunion of Taft Matrimo nial Expedition In His Honor. HOLDS PARTY AND 78'ERS IN HIS HEART Near-President Makes Fe licitous Speech Promis ing Them Riders Place. WASHINGTON. March 1. A rush of morning callers. Interrupted for a long walk In the afternoon, and at tendance tonight at the special din ner given in his honor by the "Taft Philippine expedition," brought President-elect Taft to within two days of his inauguration with less serious demands an his time than he has experienced any day since his landing from Panama at New Orleans. The day was begun with an ex tended conference between the President-elect and Senator Knox. Mr. Knox la giving much attention to the prospective organisation of the state department. Besides, he Is be ing consulted freely by Mr. Taft re garding the affairs of other depart ments. The Philippine dinner tonight was arranged by Miss Mabel Board man land Representative McKinley. of Illinois, and was , the most pretend tious ..of the enjoyable occasions which this famous party indulge in every year. The trio attained' of Its fame because of the matrimo nial acconrptlshments resulting. ! Nicholas bongworth and Miss Alloc Roosevelt became, "betrothed; Bourke Cochran met Miss Ide, daughter Of Judge Ide, of the Philippine commis sion, who Is now Mrs. Cockran, and Bwager Sherley, of Kentucky met Miss Mignon Critton. of Staten Is land, to whom he became engagedr ; All IiOred Each Otlier. The president-elect was In a par ticularly happy mood as ho recalled the various places of visit and the lasting memory which had been left n response to tho first toast. "I often wondered what made our party such a uniform success from the beginning. I never wanted to get o Honolulu after we embarked on the Manchuria; certain It was that our party received an Impetus In good fellowship from the hospitality 'hat was shown to all of us by the emperor of Japan, that lasted until we reached home. "1 think there was not an execp- tlon m the love we all had for each other "hen we came home every one leaving every one else and also loving a particular person. The par ty has broken lown party lines, but it has not broken down, I am glad to say, domestic lines. But when there Is Philippine legislation on, if you will examine the votes in the senate and house, you can trace the Influence of the Philippine party. It has mingled republicans and demo crats together In a way that no one can understand except those who are members of the party. i Feels Impeding Burden. "I am about to take up a burden that I am not going to resign from, but It is one that doubtless will grow heavy at times and lighter at times. But whatever the burden I shall have the sympathy of those who sailed out from San Francisco on the steamer with me in 1805. "This party might bear the same relation to the coming administration as the rough riders do to the outgo ing administration. I should be de lighted to take them Into the same degree of confidence as I have the class of Yale '78. I hope my heart Is big enough and I hope the patronage of the office is sufficiently wide to Include them both." Mr. Taft said good night amid a hearty round "bf applause. of arrival and at other places an ar ray of keen-eyed detectives have been placed on guard to keep a sharp watch out for the unwelcome visi tors. The first casualty incident to the inaugural preparations occurred at the pension office building ' today, where the inaugural ball is to be held. Willie working on one of the stands. E. Melville Bwann, a carpenter, fell a distance of fifteen feet, striking his head on the stone floor below, receiv ing a fractured skull from which lis died later. Among tho organisations which earn In today was that of the Donald Fraser Military L Institute and the cadets from the Georgia Military academy, at Decatur, Ga. ; ' I wHfSOHT tmi PA Si "tMlltlJIATS SV, "( P'trm TRYING TO STARVE OUT TENNESSEE Officials of State Will Not be Paid Unless Runaways Returns. NASHVILLE, Tenn.. March 1. The thirteen senators who failed to answer roll catf Friday morning,, thereby breaking a quorum, are etlll outside the state's borders and the executive tangle continues. Today the "Joint session" reconvened from Its "recess" taken Saturday afternoon, and without accompllhing anything, another . "re cess" until tomorrow morning was taken- Beside blocking legislation, the absent senators appear to have In a Pleasure, tied up the - financial . ma chinery of the state. Practically all appropriations for ex penses of government run until March 19, and after that date noth ing can be paid until a new appropria tion bill has been passed except ap proprlatlons provided for by special statute. The salary of the governor and the heads of the various depart ment are provided for. Such Is also the Case with respect to the salaries of Judges, but all clerks in the various departments at the Capitol were pro vlded for in the general appropria tion bill. This will have the effect of seriously crippling the various depar ments of the state and especially that of the department of Justice. No payments can be made to the old soldiers' home, the various hospitals for the Insane, the Industrial school, and other state Institutions, until an appropriation Is made for them in a general bill. Treasurer Folk will pay members of the general assembly only for days of actual attendance. It is said to be the purpose of the runaway state senators to force a com promise in the selection of the state election boards. It is further stated that they express a determination' to remain out of the state until this end has been accomplished. LAST MEETING OF TENNIS CABINET (By Associated Prcax.) WASHINGTON, March 2. Presi dent Roosevelt today gave a farewell luncheon at the white house to the members of the famous "tennis cabi net" and others who have been close ly associated with him during the past seven years. Aside from the dis tinguished government officials who have served as among the president's chief aids during his administration, and also as his companion at sports of different kinds, there were pres ent men whom the president had made friends when he was rough ing it in the W?st years ago and with whom he had gone on numerous hunting Expeditions. LINING UP THE GRAFTERS FOR PENITENTIARY (By Associated Prets.) PITTSBURG. March 1 After the Jury had been out for nearly fifty three hours a verdict of guilty was returned late today against Presi dent of Common Council William Brand and Councilman John F. Klein and Joseph C. Wasson, charged with conspiracy. Former bank pres ident W. W. Ramsey, who was In dicted Jointly with them, was acquit ted upon the orders of the court and the request of the district attorney. The three convicted men were charged with having conspired to secure the passage of ordinances for paring of certain streets with srooden nocks upon the payment of certain soma of money by a detective, pos ing as a wood block contractor and bis assistants. ' ' i Klein and Ramsey had .. already bees convicted of bribery In Individ ual cases.. An appeal will be taken by the convicted men. ,-,' Burning to the Socket 1 a GBttp"' 1 CRUM HANDS IN RESIG lATION AS COLLECTOR Desires to Retire From Of fice on Samjc Day as His Sponso. EVERYBODY TREATED HIM '' CONSIDERATELY Doesn't Allude to Tillman WW Defeated Hun for 7 Second Tenn. (By Associated Press.) CHARLESTON, 8. C, March 1 With the rceignutlon of Dr. William D. Crum as collector of customs at this port, the resignation to take ef fect March 4th. a situation which threatened to cause President-elect Taft considerable embarrassment Is avoided. No appointment made by President Roosevelt during either of his administrations has given rise to as much discussion as that of Dr. Crum. whose appointment as collector at Charleston was vigorously opposed because of the fact that he is a ne gro. A' long and hard light against his confirmation was made by Senator Tillman and others when he was first named for the position by President Roosevelt In l!o:i, and within the last few Tveeks. following his re-appointment Senator Tillman conducted a successful filibuster against his con firmation by the senate. Dr. Crum iihn that no pressure has been brought to bear upon him now to cause him tg resign, but that h' docs so in part because he wishes to save Mr. Taft, for whom he entertains great respect, from any possible em barrassment as to his re-appointmnt and chiefly In cause he feels that he has been especially Identified with President Roosevelt's administration In his letter to President Roosevelt after thanking the president for ap pointing hlrn ?lx years ago and for re-nominating him recently for a sec ond term, h- says: Everything Was Lovely. "Since assuming the duties of this pfsltlon I have striven diligently to Justify the conlldonec Imposed In rne During all th. years, so far ns 1 know, not a single charge has twen brought against my moral character or a single adverse criticism mad? in regard to the performance of my of ficial duties.. 1 wish further to add that those employed In this office un der me. composed of both races, have been at all times courteous, kind and Interested, and we have, all worked to gether to make the office work suc cessful and satisfactory- "When I became collector of h" iport the annual reelpts of the offices were scarcely 120,800. I am glad to soy that they have shown a flattering Increase each year. I do not claim credit for this increase in business, much of It would hsve been brought about through the natural growth of the port. ClUTWATIL PC fl '"'ore depends on my ability to get 7j r i J Y V r I (I Mlnto condition, and I am Dot certain w W yet that i b, mb, to do myself , WASHINQTOW. March L Fore-1 set: North Carolina: Showers Tues- day, Wednesday fair; moderate south ahlftins; to west .winds. SENATORS AFRAID OF THE BIG STICK Has Not Lost Terrors Even at Late Day of "Teddy Rex" Reign. (By Associated Frees.) WASHINGTON, March 1. The senate committee on Judiciary today voted to report a. disagreement on the resolution providing for an Investiga tion of the absorption of the Tennes see Coal and Iron company by the United States Steel corporation to de termlne under what "authority of law the president permuted "the merger, Any views submitted to the senate on tne subject win d coasMsra -- virtual," reports not having the Sane tlon of the committee." This la gen erally regarded as a compromise as a number of senators had drafted a re port declaring the merger to be In violation of the Sherman antl -trust law and rebuking President Roosevelt for his part in the transaction, while others declared that It was not the function of the committee, under the resolution adopted to pass upon these questions. The derision not to submit either of the reports of the sub-committee was reached after a great deal of discus slon. Finally Senator Fulton moved that a disagreement be reported snd that each senator should have the Individual right reserved to him to make such expressions of view to the senate as ho desired. This motion was adopted by a vote of 7 to 6, the affirmative votes being Messrs, Clark, of Wyoming; Depew, Overman, Dil lingham, Knox, Fulton and Clarke, of Arkansas: and the negative votes were Nelson. Klttredge, Culberson, Foraker and Rayner. Senator Bacon was not present. '' THIANGriiAR hVEJi OVKIt A WOMAW (fly AswK'lated Press.) CHARLOTTE, N. C, March I. A sperlal to The Observer from Rutherfordton brings the news of a triangular duel with knives and pistol In that county Haturday night In which Broadus lvorehoad was shot and Instantly killed and Coley Fisher and Charles Htamey. the other patlcipants, were seriously stabbed. Sta nley and Fisher made an ef fort to flee to South Carolina hut became so weak from loss of blood that they were com pelled to seek a physician and were '.rretcO, The quarrel was over a woman. I JEFF NOT SURE WILL TACKLE BURLY NEGRO C HICAGO. March 1. "I will fight Jack Johnson for the heavyweight championship of the world If I am able to geflnto condition to do myself Justlc," said James J. Jeffries, who was in Chicago today on his way to New York. "The report that I said I would fight Johnson as soon as I finished my vaudeville engagement Is not true," continued Jeffries- "I have never said definitely I would fight Johnson, and I am not ready to say so now. My Justice If I return te the Hag. I must have more time to analyse my eon- dltion before I will make any definite plans." ' j, t,,".;,,'.,. APPALACHIAN RESERVE BILL PASSES HOUSE Is So Amended as to Be Al most Sure of Death in Senato PROVISIONS APPLY TO WHOLE COUNTRY Bailey in Senate Insists on Right to Get Reports From Officers. I)y AsMot'latrd Pi-cms.) WASHINGTON, March 1 Trans acting- Its business amid scenes of great confusion the house of repre sentatives today gave every evidence that the present congress is drawing to a close. In Ills endeavor to main tain a semblance of order the speak er was constantly pounding his gavel and admontshmlng members to eease conversation. The so-called . Appalachian and White Mountain forest reserve bill amended so as to apply Its provisions to all states was passed In the house today by a majority of ten. By the terms of the bill the nation al forest reservation . commission Is created to acquire by purchase , or condemnation the lands needed to promote or to protect the navigability of streams along whose watershed they tie. The house bill, a substi tute for that of the senate, will now go to conference. U Bill la General. The bill I general In Its scope. It permits the acquirement of lands In any part of the United States where such acquisition can be shown to be advisable to the national forest res ervation, commission created by it, after the geological survey has deter mined that such acquisition will pro- mots or protect the navigability of streams on whose watersheds tne lands' He. , . i Mr. Weeks of jMaaaschusetta, wlho in conjunction with, Mr. Uevajr . . of South, Carolina; reported- ins measure explained In detail Ita purposes and saUaa attention to what fa .ealii. was the paramount Importance pr , enact ing such, legislation. t Ha was, plied from all sides with questions regard -m- the method of acquiring the lands and said that it woulJf be done by purchase and condemnation. It Is one of the most vicious meas ures ewer presented to the house," asserted Mr. Madden, of Illinois. He said It provided for an expenditure of money for a purpose not needed and at a time when the treasury was bankrupt. Renresentatlve Thomas of worm Carolina: declared the establishment of forest reserves meant progress and salvation for the Industrial South. When the message from the house announcing the passage of a substi tute bill was laid before the senate, Mr. Heoburn oblected to the appoint ment of conferees. InaamucT at there were only a few senators present, the senate adjourned. Senators Heyburn and Teller are both ooDosed to the Appalachian While mountain reserves and" a sharp contest Is anticipated. CVinmsaion on Rules. The final conference reports on the army, naval snd fortlncatloana. appro priation bills were agreed to ana tne measure will now go to the president for signature. In addition to this a vast amount of miscellaneous busi ness was disposed of. A resolution, dealirned as a concession to the so- called Insurgents amending the rules o as to provide one day each waeg for a call of eommltteee gave rise 10 Immediate discussion and was adopt ed by the narrow margin of six, tne vote standing 1(1 to 12. After a short discussion, the house almost unanimously Insisted on Its disagreement with the senate on the amendment to the legislative, execu tive and Judicial appropriation hill raising the salaries of tho president, vice-president, the speaker and the United States Judges and the hill for the third time went back to confer ence. Senate Psssea Supply twi. The sundry civil bill, appropriat ing 1U9.000.000 and the miiiiary academy bill, carrying an appropria tion of I J. 64 1.000 were passed ny ni senate '.oday. (Continued on psgs two.) IMMIGRATION LAW TO KEEP OUT UNDESIRABLE ALIENS WASHINGTON. March 1 Some facts showing the far-reaching char acter of the work of the Joint com mission on Immigration which was appointed by congress on February 20, 1(07, were presented to congress today through the publication of a preliminary report by the commission. The report deals with practically evqry phase of the immigration ques tion. Including Oriental aliens and other excluded classes, peonage, char ity among Immigrants, white slave traffic, conditions of steerage, anthro pology, congestion In large cities. alien criminelty, competition of Im migrants, school Inquiries, adminis tration o the Immigration laws, dis tribution of Immigrants' and other questions. . , No conclusions have been reported by the commission, bat the scope of tbe work Is shown In a manner which SV , sjsa m MS. .asst. UiTUNtN 5 01 POLICE BILL hi THELASTDITCII -, " Call on Rutherford Senator; a Deinoeratffyo Help' ; 1 Briit ?.r; ARE OFFERIKQ ANY I , KIND OFTERM! Senate and House Split on. Solicitors' Bill and Con- T stitutional Call. (seelal te the Cltlten.) RALKIQH, N. C March l.The Ashevllle police commission bill was called up today lit the senate and on motion of Benator, Mills was set as the special order for tomorrow, Tues day, , at 11.19 o'clock. It la under stood that at that time Senator Mills. who has undertaken the " leadership ? In the effort to defeat the bill, will offer an amendment that the question be voted on by the people of Ashevill , at the Ma election . He and: Senator Rritt have strong hope of, getting this amendment, If they cannot defeat the bill, which Is being pressed through the personaf appeal of Representative Weaver to his friends In the aensjte. , The senate passed today the bill to Incorporate the ;. Ashevllle and East Tennessrs railroad. -' - Representative Weaver, In the house, introduced a bill to amend the charter of Ashevllle and create text book commission for the city. A bill passed the house as to the apportion . ment of Ashevllle school funds, , , i i " HoUdtor's Bill I)ea4. ' :- . ,Th senate spent nearly two mora ' hours today discussing . the Ormond. solicitor's salary btll that had passed. Its second readlnc Saturday, and then voted It through its llnal reading y It to 11, sry;to have the bill '.'knock, ed out!' this afternoon by the house Judlotsry ; aaremlttoa byt en almost unanimously nrvorbI"Tsport This ends ail effort tor such legisiatiea thia session, ,', ,1 ,f-s. A Joint resolution by Elliott was put through immediate passage ' that no new bills bu Introduced after Wednes day. .' , ($-M' --'". f:; , The house and hats committees , voted separately on the preposition fur a constitutional - convention, the former against it by I to I, tha latter . in favor I to I. Representative Koonce gave notice of a minority report J ' . Committee Reports. ' h f Tha senate branch of the commit tee on constitutional amendments vou ' ed to report favorably the Oemond bit ' to amend the constitution so as to re-.' 7 lleve the legislature from acting; on, granting, or amending- charters - of corporations and municipalities, the . legislature to have authority merely to designate the department of state through which they should be asked. The same committee voted .-favorably on Senator Gay's bill changing the time for the legislature to meet from Monday after the first Wednes day In January -to Monday after the first Wednesday In August biennially. There was an unfavorable report AWii1if ttn tnm putnltaff MlA'a , hilt abolishing the office of solicitor and delegating the duties of the office to county sttorneys- , . The senate tonight passed bills to ' allow the Judges of supreme court 400 each for stenographers, and to i repeal the Immigration law of 101 The house passed the senate Blow education bill for a spelcal tag Ig counties, and a mora equitable ap pointment of second hundred and fif ty thousand dollar No New Capitol. The house spent two hours, from ten to twelve O'ocloOH, debating the bill for a five hundred thousand dol lar loan for enlarging the state cap Itoi, and In the end voted it down, to to . The trend of objection was the heavy bond Issue for state hos pitals snd great need of state insti tutions for money. The Influence of the advocates for supplementary of fice buildings around the square and leaving the state bouse In Its present , shape had much to do with tha re sult. ' ' " INADEQUATE presages extensive legislation In the future. f The commission says it Is general ly admitted by those acquainted With the subject that, notwithstanding tha fact that the present law proposes to provide for tha exctueion of every tyiderslrabls Immigrant, thousands of undeniably nndestrable persons era admitted each year. It has been found that ths law In theory, so far as Its exclusions are concerned, la 1 especially strong, but in effect, it la In some respects weak and Ineffectual. One of tbe most Important features of the work is connected with evas ions of the law resulting- In tha Im portation of excluded classes. Not withstanding the expenditure of about 1(00,000 annually to enforce thle law tha commission finds that It does not prevent the coming of Chines labor era In considerable numbers, , r