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, , , ,