THE AS THE WEATHER FAIR Associa4 .Leased Win"' ,000. t VOL. XXV. NO. 134. ASIIEVILLE, N. C, "WEDNESDAY MORNING, MARCH 3, 1909. JR1CEFIVE(. JLJLJjJ V X.JLJ II JVJ , . v . t s " ' 8a"a'gag''pafcMaMaaMiiiiiiiiiiiiiWMBwwBwaM DEFENCE IN COOPER-SHARP TRIAL RESTS CASE IN CHIEF; STATE HAS MORE WITNESSES Take Adjournment Unti Thursday so They May Be Summoned EVIDENCE WAS OF . TECHNICAL NATURE Statement That Each of Car mack's Wounds was Fatal Corroborated. (By Associated Press.) NASHVILLE, Tetin.. March t. The defense rested Its case In chief today In the trial of Col. D. B. and Robin J. Cooper and John D. Sharp (or the slaying of Cornier United States Senator B. W. Carmack, re serving the right however to Intro duce new witnesses on any new Is sue which, plight develop. A moment later Attorney Gene ray McCarn for the state asked an adjournment to a. m. Thttrsday-ln order that ab sent witnesses might be brought on, which request was granted. The testimony- today was very technical. Dr. Glasgow was re-called to describe again the wounds on Sen ator Carmack's body. - Dr. Duncan Eve was then called to say whether or not' the wounds described by Dr, Glasgow would have been Instantly fatal. H said they would. Adjutant General TuJly Brown. who attended the conference In Judge Bradford's office an hour be fore the shooting, described what took place there, aa did Judge Brad ford himself. General Brown was not cross examined but the stats did not let Judge Bradford escape. Gave wins; Statement. The prosecution concentrated Its lire upon the part he played in pre- paring the famous statement for the press the night of the killing. Judge Bradford said he waa at the police station that night, saw W. J. Ewlng, editor of The American there with stenographer and heard several men giving information. He declared, however, that the only part he took In the affair was to write out In long Hand all the facts In the case of Which he had a personal knowledge. fhi memorandum he. gave to Ewlng to, m In the press. Later he pre pared a brief which contained the theory of the counsel for defense as to how the shooting occurred. He claimed- he always wa rriendly to Carmack and denied: ithat he was waiting at the telephone that after noon fof a message to come telling of Senator Carmack's murder. The first witness today Dr. R. L Thompson testified that Carmack en tered his drug store for a soft drink and a cigar about five minutes be fore the shooting occurred. The state did not cross examine. W. M. Setter, an expert on Are arms, testified that the bullets of the Colts automatic revolver were not steel Jacketed, but were covered with copper and with some hard compo sition. On cross-examination he was asked whether the cylinder of a Smith am Wesson revolver can be turned by the finger without pulling the trigger. "8ome can, some cannot," he said. He examined Senator Carmack's revolver and said It could be turned only by pulling the trigger. Testimony Contradicted. This flatly contradicts the testi mony of 8. J. Bennlng. who yester day swore that tie saw Senator Car mack testing his revolver a few min utes before the tragedy by whirling the cylinder with his finger. W. g. Morgan testified that he met Mra Eastman Immediately after the shooting and that she was Hysteri cal. He tell him V MAMMMMwWWMMrVwVIMWwMMM THREE VOTES DEFEAT SHIP SUBSIDY BILL House Turns Down Measure Previously Passed by Senate DEFEAT A VICTORY FOR THE DEMOCRATS "An Infernal Fraud, De signed to Plunder Treas ury," says Moon. He's Ready To W (By Associated Prtu.) WASHINGTON, March 2. The shrp subsidy bill was rejected by the house of representatives today by a vote of 172 to 176. The principal feature of the bill Is the provision that American steam ships of sixteen knots or over and of not less than 6,000 gross tons shall be paid 14.60 per nautical mile out ward bound on routes of 4,000 miles or upwardi to South America, Phil ippines. Asia and Australia. Mr. Landis of Indiana . made an earnest plea for the passage of the , bilK Mr. Moon of Tennessee led the op? position to the measure. "It Is an infernal fraud designed to plunder the treasury," he declared. Speaking of the provision for training of American boys and an swering the pica of patriotism ad vanced by Mr. Landis, he said that it was but a blind to hide the giv ing of the people's money to corpo rations of ship owners. "Lobby" on Moor. The climax, came when minority leader dark declared that a lobby had .been carried on "right on the. floor of the house" In favor of the passage of the bill. "It Is an outrage to a civilised country, ho declared, i this thing of coaxing men or but tonholing men, and I undertake to say that when Mr. Moon of Tennes see denounced this bill aa an Infernal fraud, he used language ho was Jus tified In using." The debate against the bill was closed by Mr. Cochran, of New York. He denounced the sending of the American flag abroad by a subsidy "as an outrageous concession of the enslaving of the people through the agency of the government." Among those to epeak for the bill were Goebel of Ohio, Landis of In diana. Humphrey of Washington and Hobson of Alabama: against It were Small of North Carolina, Kustermann of Wisconsin. Stafford of Wisconsin, Lloyd of Missouri. Sulser of New York, Burton of Ohio, Saunders of Virginia. Wilson of Pennsylvania, Clark of Missouri, Steenerson of Min nesota, Finley of South, Carolina and Norrls of Nebraska. Interest Strong The feeling in the house waa strained as the hour of voting ap-: proached. The attendance was prob ably the largest of the session. Every one recognised that the vote would he close. Representative Ooldfogle of New York who was operated on yesterday In a hospital was carried on the floor In a chair to vote against the hill. A scene of wild confusion follow- SCHR06DER WILL SUCCEED SPERRY Admiral Who Carried Fleet Around the World Asks to Be Relieved. (By Associated Press.) WASHINGTON, March 2. Rear Admiral Charles 8. Sperry today made formal application to be relieved from duty as commander-in-chief of the Atlantic battleship fleet, and Rear Ad ml raj Beaton Schroeder has 'been appointed In his place. Admiral S perry was tendered the presidency of the naval war college, but declined the position, indicating his preference for other duty there. Admiral Richard Walnwrlght will remain in command of the second di vision of the fleet, Rear-Admlrai Wil liam T. Potter is transferred from commander of the fourth division to command the third division, formerly In charge of Rear-Admlrai Schroeder, and Rear-Admiral Kdward B. Barry, who has been supervisor of naval aux iliaries at New York has been appoint ed commander of the fourth division COMMISSION PASSESSENATE Opes Through Its Third Reading on An "Ayo" and "No" Vote DEFICIENCY BILL " PASSED BY SENATE ' V ' IsMMsasassssassassal ' , ' V "V"' 'v ' . Carries Appropriations Ag gregating $19,500,000 Part Added by Senate. ' NO DISCUSSION ; -ON THE MEASURE Mr. Weaver Introduces Bill toAmmd,Jh?j ' Bill of 190.'). TWO DIE IN COAL MINE EXPLOSION Forty Others Trapped, But Escaped Uninjured. Four in Serious Condition. Id Mrs. Eastman did not ' ed the roll call. With the announce- that Colonel Cooper said I ment of the vote of 1 72 In the af- to Carmack on you. On cross-examination Morgan said: Mrs. Eastman was crying and now we have the drop , flrmatlve, the speaker hesitated to get a good breath, and then said "175 In the negative." The democratic side of the house grabbed the lapels of my coat. She broke forth In cheers. said that Senator Carmack Jumped in t Mr. Overstreet In charge of the front of her and that Colonel Coop- bill was recognized and he asked to er then said1, "That Is like a dastardly , be permitted to change his vote, coward, hiding behind a woman." " j This would have allowed lilm to move He said Mrs. Eastman gave him I to reconsider and have another vote the Impression that Colonel Cooper j on the hill. The speaker informed had Shot Senator Carmack without ! him that the vote had been an fflvlng him a chance. Morgan heard nouncod and his request came too only three ahota i j late. Each Wound Fatal. Dr. Duncan Eve In describing Ben- j RESUME WORK, ator Carmack's wounds said: "If the j (Br A.ecltd Press.) first wound described, the one on the HUNTINGTON, W. Va.. March 2. left Me did not kill him at once : Contractors here have received notice and fell him Instantly, he would be ; t resume their work Immediately upon ine nesapeaae ana i.inio rail way extension in Raleigh and Wyom ing counties where the work was sus i pended more than a year ago. Eight I hundred men will be employed. would soon die." The second wound. also through (Continue' on page four.) COMMERCE COMMISSION LOWERS SPOKANE'S EASTERN R. R. RATES (By Associated Press.) WASHINGTON, March I. The In terstate commerce commission today decided two points In the complaint filed by the city of Spokane, against the Northern Pacific, the Great Nor thern and the Union Pacific which First, that the rates from Eastern Paginations to Spokane -were higher than to Seattle, a more distant point Second, that the rate to Spokane rere Inherently unreasonable. On the first point defendants main tain the water cogtpetlUon com pelled them to chants the rate in fleet to- Seattle sad that therefore they might charge Usher rate to Spokane without violating the long and short haul provision or without discriminating against Spokane under the law. The commission sustains the claim of the defendants In this respect and holds that the rates to Spokane, although higher than to Seattle, are unlawful. i On the second point, the commis sion sustains the claim of the petit loner and holds that the rates from, eastern destinations to Spokane are unjust and unreasonable. It reduces class rate from St. Paul to Spokane 1(1-1 per cent and 'makes substan tially the same reduction from CM-' cago to Spokane. Rates Chicago aot dealt with. (By Associated Press.) WtLKESBARRE, Pa., March t. No. 14 colliery of the Pennsylvania Coal company ot Port Blanchard, near here, was the scene of a terrible explosion of gas today wihlcih caused the death of two men and the serious Injury of twelve others. The explosion set fire to the wtaod work In PHtston gangway, entomb' lng forty men. A large party of res cuers were put to work but owing to the presence of black damp they made slow progress. Fortunately, there was a second exit from the mine and the employes behind the fire succeeded In making their way to the surface, none the worse for their experience. Tonight' the flames were extin guished. A report from the Pittston hos pital states that four of the burned miners are In a serious condition and may die before morning. ALL ROADS LEAD ON TO WASHINGTON Gotham Ready to Turn Her Mighty Hosts to the Na tional Capital. (Special to The Cltlitn.) RALEIGH, N C. March 2 The Aahevlllo polite commission bill came up as a special order at 9 o'clock to night in the senate. Mr .Lockhart stated that It had been agreed that there was no ncod for further dls cuslsop of the hill, and he therefore called the previous question. The call was suatulneil by a vote of 18 to 17 The bill was then passed on its third and final rending on an "ay" and "naye" vote and ordered enrolled for ratification- The "clincher" waa put on by Mr. I.oekhart In moving to re consider the vole by which the hill had passed, and then moving to table that motion, tills being done . The courxe of this bill, the paaaagc of which l mainly due to Repre sentative Weaver's persistent appealK on personal grounds to his friends In the senate, hH been a stormy one and Its comparatively" quiet passage was somewhat t a surprslo to those who expected a rlow fight with hot dis cussion. Henatur Hrltt opposed the bill on political cround, but did not make a bitter partisan fight The hill aa passed provides that the police com mission shall serve without pay. HeadllitliH for Knglnes. The senate Indulged today In a long argument on the bill requiring rail roads to use electric headlights on all main line locomotives, roads with less than 125 miles trackage and Inde pendently owned being exempted In the end a substitute offered by Senator rtassett, leaving the matter to the corjKratli'n commission, received vote of 20 to IB on the second read ing and the Mil went over on objection to final readinir until tomorrow, when the fight will l.e renewed. Hon- K. A Woodward was elected lolntely by the senate and the house as trustee of tljo state university In place of Geo W Connor, who declined to serve. The senate paased the house bill to authorize the counties to levy a spe cial tax of i rents on property and cents on poll for supplementing the pensions of Confederate veterans. f By AstKxdaied Press.) WASHINGTON, March The de ficiency bill carrying appropriations amounting to mora than 111,600,000, about J. 250,000 of which waa ad ded by the senate, wag passed by the senate today. Senator Hale met no delay In the disposition of the meas ure which a -r paawd , ' after ... two hour debate. ,;, An amendment appropriating II, 000 to enable tine secretary of statu thejnattertxniiht re citizens was adopted.- y Senator Lodge offered an amend ment aipproprlatlng 6f,000 to rerni nurse persons who contributed to ward a ransom for the release of Ellen M. Stone, who was captured by brigands In the provinces of Turkey, and It was approved. PRESIDENT IS ?EXONERATEDi m CLOSE VOTE Sevn Thought Ho Acted Without Authority in Merger Caso SAVED BY ABSENCE OF SENATOR BACON Mr. Nelson Attaches Ko Blaine to President, Probably Mislead. SHIPS SAIL FROM HAMPTON ROADS Some Go South For Spring Target Practice Nevada Ooes to New York. (By Associated Press.) NORFOLK, Va., March 2. The bat tleships Maine, flying the pennant of Ilcnr-Admlral Arnold, the New Hamp shire, Mississippi anil cruiser North farollna of the third squadron of the Atlantic fleet, passed out the Virginia capes last night, bound for Guantao amo, Cuba, for regular spring target practice. The battleship Nebraska passed out today behind for New York. Ith the departure of these vessels only about half of the combined fleets that sailed Into Hampton Roads ten day ago now occupies anchorage oft Fortress Monroe. The North Carolina, It waa said to day, left behind nearly 200 of her men, who overstayed their shore lib erty These will go south on the Montana as soon as the latter com pletes repairs here. DIKS IS FLORIDA. (By Aoc1sU-d Press.) iJECATCn. HI-. March 2. James Millikln. banker and philanthropist, is dead at Orlando, Fla.. aged elghty-tno years. He wa the founder of James Millikln university and was a liberal NEW YORK. March J. "On to Washington" Is the cry of the New York host of citizens and soldiers who are preparing today to com mence the march to the national. contrnutor to rharltles. capital lo auena inn inauguration oil President-elect Taft Governor Hughes, accompanied by his wife and. his i liMtarr secretary, left for Wiuh-1 ington today and early tomorrow the (various political organisations that will participate In the ceremonies of Inducting Mr. Taft Into the chief magistracy will leave for Washing ton. (; ' Members of' the republican county committee, eignt hundred strong hare planned a unique and Interest ing escort of honor to President Roosevelt, who. following the Inau gural addree of itf. Taft. will not return with the new president to the white house as ha been the rue- f torn for many rearer but trill leave j ihe city Immediately. , ;.. UNION MEN WIN IN A NOTABLE FIGHT Court Holds That No Con tract Exists Between Ty pothctae and Union WABHINQTON, March J.Beven member of the senate committee on Judiciary signed the report declaring that President Roosevelt without au thority of law sanctioned the absorp Uon of the Tennessee Coal and Iran company by the United State Steel corporation, and that the merger Was violation of the Sherman antl.tx... law. Three of the majority of the uumnwise, nowever, attached certain Individual view. Under an agreement reached In tha commute on judiciary yesterday any view submitted have the standing of Individual , OPlnlOn OnlV. Chairman Clark today reported the disagreement In the committee and won afterwards Senator Culberson presented the view ot seven members of the enmmit. Those view ware signed by Senator neison, nutiredge and Foraker, repub lican, abd Culberson. Bacon. Ilavner and Overman, democrats. The addi tional view were given by Senators Nelson, Bacon and Foraker. . In the opinion of Mr. Nelson, the president wa not authorised to Her mit the absorption, which la declared to have been In violation of law Mr. Nelson thinks, however, that the pre. Ident may have been misled or duped by the Official of the United States Steel corporation, Messrs. Frlck and oary. who urged upon him the nscaa. slty of permitting the steel corporation iu uuy tne Tennessee concern in order to' ava a business Institution In New Tork city during the panicky day of octoner ana November, IIQT. . ,, i From, the report signed and sub mjtted today It appears that iiud It not "wu ior we uinvss or senator Macon and hi absence from the committee of yesterday the report declaring the president acted without authority of law, would have been adopted aa the opinion of the committee. In any event Senators Culberson and Kit tredge take the position that a ma jority of the committee has reported that the merger wss Illegal and that the department of justice should pro ceed against the United States Steel corporation and. dissolve It. Senator Foraker declared that he did not think It necessary for the com mittee to consider whether the trans action was a violation of the. antl trust law. He said that the reply of the committee should be confined to the one question as to whether the president was authorized to permit the merger and that this should be an swered In the negative. In view of the fact thst representatives of the steel corporation called upon the pres ident and asked hi ad-vico concern ing the transaction end the question also was submitted to Attorney Gen eral Bonaparte, Senator Foraker took the position that the steel corporation should not be condemned for Its action. The disagreement on the resolution was placed on the calendar end will expire with the close of the present session. TAFT BEGINS AtfrrPAtfrvvnY WHITE HOUSE Ho Will Bo Quest of Roosol velts Until After Inau (juration Tomorrow s ' TAFT FAMILY IS I." AT WASHINGTON 'resident-elect Plays Last Game of Golf Before Hq' Takes' Oath. guest of President and Mrs. ftooee. velt, President-elect and Mm. Tar toltt begin their occupancy of the white house tomorrow night; going thera for dinner and remaining. . . ' t ., Aner the Inauguration, there will be re-nnlon of the various members r ine I art ramuy at the white hoose. ' .. . The entire Taft family will be In towo tomorrow. Charle P; ffaft, of Cincinnati, hi wife and two daugh- ; ter. one, unmarried and the other the wife of Albert Ingall and her two children, i are , quartered in a house taken by C. P. Taft lor the occasion. Pr. William A. Edwards and Mr. Kd ward, who I tha president-elect' liter., art here, from bo Angele. Henry w. Taft, brother of th preal-dent-elect,, hi wife, daughter, Louise, and sons, Wsl bridge and William of New York,, are also here. .. Mis Helen, Mr. Hubert and Master Charle, the three ' children of th president-elect, and Mrs. Taft, arrived here tonight and, are with) their bar nt at the Bnardmaa residence, aa I also Mis Delia Torrey, of Mllbury, who la th only representative of tha Taft family, ef tho last generation. Mis Torrey I In , her eighty-second year, She t a ltr of Mr. Taft' mothsr. . , , Horace TX Taft. the other brother of Mr. Taft, end hia wife are here from, Watsrtown; Ctmn,; and are the guests or Secretary Oarnelir, of the depart ment of the Interior.' The Garflleld boy are students of th school main- tallied by Home D. Taft, a Is also Charlie Taft, the younges ton of the presideftt-i'lwr- . '-. . , riiiye fJolf, " Mr. Taft enjoyed a golf gam on th Chevy Chase course - today, and aaid tonight he felt ranch better for th ride to the cliib and the four-mile walk obtained by tha game. He de. feated handily hie opponent, Oeneral Clarence It Edwards, and remarked with soma regret that he believed be ' would be unabl to get away for a game tomorrow, which make th play today the last he will have at hi favorite form of exercise until after h , Is the regular occupant of the white DOESN'T WANT TO GO TO WASHINGTON (y Associates' Press.) NEW YORK, March z. Theodore H. Price, who was Indicted by the fed eral grand Jury In Washington, I. C, with Moses Haas, Frederick A. Peck ham and Edwin Holme. Jr., on charges of conspiracy to defraud the government by securing advance In formation from the cotton crop report of 1905, was today held by the United States Commissioner Hlileld to await the Issuance of a warrant for his re moval to Washington for trial. To prevent Price's removal, his counsel rnmedlately obtained writs of habeas corpus and certiorari from Judge Ward. house. Mr. Taft I a member ol the Chevy, Club, and Intend to tly golf when ever opportunity may afford, but at present he see little chanoe (or rec rsatlon during the first few week of hi administration. . Returning1 from the golf course in hi new automobile, the president-elect somewhat enjoyed the spectacle of leaving behind in th mud a member of til secret service guard who had undertaken to make the trip on a motorcycle. KNOW NOTHING OP FRAUD, SAY OFFICERS raw AMaalatSS SVaM.t NEW" YORK, March l.-f eetlmony given today by officers and director of both the American Sugar Refining company, of New Tork, and the cor poration nn trial for alleged falso weighing of sugar imports, and of th American Sugar Refining company, of New Jersey, the parent corporation, practically concluded the presentation of evidence for the defense. Counanl for the company said that they ea pected to present their last witness to- morrow. All the officers examined ex plicitly denied knowledge of any fraudulent weighing device In tha company possession or usefl by it to defraud the custom revenue. Secre. tary Helke, of the company, In hi testimony declared that the average profit to the company on th sale of , a pound of sugar was 1-1 to 1-4 of' a cent. CINCINNATI. O.. March i. The union men win in the long fought case of the Typothetae of America against the International Printing Pressmen's Union. A decision rendered this aft ernoon by the United States circuit court of appeals establishes an eight hour day for work. The appellate court ruled that no contract exists be tween the union and the typothetae to maintain the nine-hour day aa al leged by the typothetae. The appellate court declined to en ter Into a consideration of tha Injunc tion features of the case, but sustain ed JudgeThompson on all other mat term. Judge Thompson's rulings, there fere on the Injunction feature of the case stand. He held thst no Injunc tion shall lie to restrain the officers Washington. March t Fora-io tne union from aaviaing tne union est for North Carolina.: Fair Wednes-' men to keep or break a contract bo- day and probably Tburwtiy; light ra tnr'r Pryes uvor inierestea 1,000 FOIl V. M. C. A. NORFOLK. Va., March 2. -Hecre-tary Helsaenbutla! tonight announced that the officers and mei of the bat tleship Virginia, while en route home, raised $1,000 for the furnishing of the new navel T. M. C A, and the check was presented today. MAURETANIA BREAKS ' PREVIOUS RECORDS (y Associate' evese.) , QUEEN8TOWN. March I The steam er Mauretanla passed Daunts Rock st .47 a. m. today establishing a new record for the east-bound passags from New York of four day, twenty hours and two minute. Her average speed for the run wa 26.21 nautical miles per hour. NATION'S CAPITAL IN HOLIDAY ATTIRE FOR THE INAUGURATION (By Associate' frees.) WASHINGTON. March t. With inauguration day near at hand the population of this city tonight is from 75,006 to 100,000 greater than usual, and by tomorrow night this surplus probably will have been doubled. Of the 11,000 members of civic and military organization wtto will par ticipate In the Inaugural parade, about one-third already bare arrived within th shadow of the cap Ho! dome. By tomorrow night fully nine-tenth of them will be here The West Point cadet will reach tha Wty tomorrow afternoon and will be quar tered oa agiacial pullmanaj la wtoiofc thev come, while the Annapoll "Middles" will arrive on Thursday morning, aa will also the boys front St. John' military academy, Annap olis. , i ,' Had the ton shone down tonight on Pennsylvania, avsaue It earn brightness would have been dimmed by the brilliant Illumination along the avenue. Txng golden rope) of gorgeously glittering eleetrle lights, waving1 American flag don In red. whlta and blu light shields bear lng In the midst of light the beam ing face of the president-elect and other similar devices, made the front of many building picture of fairyland beauty, , , ,