North Carolina Newspapers

THE ASHEULLE CITIZEN THE WEATHER FAIR Associated Press Leased Wire Reports. VOL. XXV. NO. 137. ' ASHEVILLE, N. C, SATURDAY MORNING, MARCH 6, 1909. PRICE FIVE CENTS. STATEATTACKS BEST EVIDENCE FOR DEFENSE Gov. Patterson, Judge Brad ford and Others are Con tradicted by Woman ATTORNEYS WILL HASTEN THE CASE It is Expected That the State Will Close Its Ev idence Today. (By Associated Press.) NASHVILLE, Tenn., March 6. This was the state's day in the trial of Col. D, B. and Robin Cooper and John D. Sharp for the murder 61 former United States Senator E. W. Carmaek. Not only did It tear to pieces what was left of the testimony of S. J. Binning, the defense's myste rious red bearded man who claimed to have seen the shooting, but It chal lenged the. right of the Cooper's to be on Seventh avenue at all,, the day of the killing. ft did this by impeaching the testimony of the governor, and others who claimed, that the Cooper's were Invited to the mansion, and while on their Way there met Carmaek. The bombardment of the case of the defense began early today when two witnesses swore that Binning on the night of the tragedy said to them: "If I had been five or ten minutes earlier I would have seen the killing." Attack Prominent Men. Iter In ),he day the state Intro duced witnesses attacking the reason the defense gave for being on the street which Senator Carmaek must traverse to get to his apartments. Adjutant General Brown, Judge Bradford, Colonel Cooper and Robin Cooper had testified that after Colonel Cooper left Bradford's office Just be fore the Shooting, General Brown re called him to talk to the governor over the telephone, and that It was in Obedience to the governor's command that the men were on Seventh ave jiue where stands the executive man fton. when they met Carmaek. Two witnesses swore that after Colo Mi Cooper left Bradford's office he neither returned voluntarily nor. was r'TBcalKirt&'tihe telephone ty nyne. And one. Miss Daisy Lee, declared that J Instead of the governor calling the Colonel, the Colonel at Judge Brad ford's suggestion, called up the gov ernor at the capltol. The latter testi mony, however, was not permitted to reach the jury. In rebuttal, too, the state attacked Judge Bradford. Miss Lee swore that he told her he could"ihave Shot Car mack himself with as little remorse as he would have shot a rattle snake. She also sworehat Paul Davis, an other of-the defense's witnesses, de clared to her he would perjure himself to get on the jury. D rawing to Close. When the sun had set and the bat tle was over the state announced that It would have but two or three more witnesses to complete Its case In re buttal and that they would be put on tomorrow. The defense has not announced Its purpose yet, but It is safe to say that the arguments will begin next weeK. No time limit will be put on either side. There are a score' of lawyers in the case and the speeches doubtless will last several days. Soon after court adjourned the state's attorneys went Into conference. At p. m. they emerged and Attor ney General McCarn held a warrant for the arrest of S. J. Binning on a charge of perjury. The specific alle gation Is that when he testified that he saw Senator Carmaek twirling the cylinder of bis revolver, he swore to a lie. The warrant was served at once. To Locate Pole. George Woolen, one of the day's first witnesses was called by the state to testify as to the location of the two telephone poles at the scene of the tragedy. The object was to pave the way for the Introduction of the photograph taken yesterday by the state of the pole still standing togeth er with the dummy pole. Attorney General Garner said: "The defense, your honor, has tried to prove that Senator Carmaek was south of the poles and fired between them. We want to rebut this testi mony by proving that he could not have done so." Judge Hart would not admit Wool en's testimony unless the record shall show In detail that the position of the Poles has not been proven. The at torneys were told to examine the rec ord at their leisure and the calling of witnesses proceeded. Several witnesses swore that No vember S was one of the cloudest days in the history of Nashville, and that a Pall of smoke from forest fires was hanging over the city. More Whacks at Binning. Miss Ella Lamb gave testimony con tradicting that of the defense s wit ness. Binning, who said that about the time of the shooting he struck a match on the gate in front of Miss REVENUE BILL MUST BE SENT TO CONFERENCE Difference Between Two Houses as to License Makes this Necessary The Modem Buddah AUDUBON SOCIETY GETS COLD DEAL New Game Bill as Sent to Senate Leaves It Short of Its Powers fSoeelal to The Citizen.) RALEIGH, N. C, March 6. The revenue bill was completed today in the senate, and paWd on final read ing with a few sections reserved for adjustment, through conference com mittees oh differences between the senate and the house on their pro visions. For Instance the sections fixing the taxation on express, tele graph and telephone companies were reserved because the senate will not agree to the Increase made against the corporations by the house, which also added a provision that towns be allowed to require local license taxes. The section taxing manufacturers and dealers in cigarettes is also held, be cause the senate excepts to the tax of $1,500 on makers- of five hundred million and more as compared with the present tax. against those hand ling less quantities. It is thought that this discrepancy would have the effect of knocking out the entire section as discriminatory. . ' A new section was added by the senate Imposing a ten dollar license J tax on agents for enlarging pictures 1th privilege for similar licence by towns. A Joint resolution passed both houses for the creation of a commls slon to Investigate the need of state for additional state buildings and rec ommend to the next legislature separ ate buildings and not enlargement of state house being specified. The com mlssioners are Gen. It. F- Hoke, Ex' Gov. T. J. Jarvls, F- H. Fries, Ex Gov. C. B. Aycock. Major C. M. Sted man, . Gen. . T. F. Davidson, .,. D. A. Tompkins, CoU Chaa, B. Johnson. 'Get" Closer' to' Game Imxr. The senate game bill that the house has amended so that it exempted six instead of two counties, as the sen ate had passed it -from the State Au dubon society, required nearly two hours of time of the senate this afternoon, and finally passed for con currence In house amendments except for twelve of the sixty-six counties of which the house had excepted and empowered to enforce their own game law. A conference committee Is 'bring ing about an adjustment of these ex emptions with the house The ratifica tion of the bill will seriously effect the Audubon society and complicate tlje machinery for regulating non resident hunters, license being re quired In each of fifty-four counties released by the bill, and the Audubon society license having no application to them. The house finally voted down the educational qualification bill for can didates for license to practice medl cine by one vote In the house. House Proceedings. Speaker Graham was In the house again after an Illness of several days The house adopted a resolution of fered by Mr. Roscoe for the Investi gation of the debt of nearly $9,000 Incurred by the shell fish commission by a committee consisting of Senator Ormond and Representatives Gordon and Dough ton. The house passed the general ap propriation bill, fr the state institu tions carrying nearly a million and a half. The Henderson county road bill of Senator Ray was at last tabled by the house. Child Labor Rill Lost. The house substitute for the Hins dale child labor bill was variously amended tonight by the senate and then ori final reading was lost 16 to 23. The bill to appropriate $2,500 to ward a statue to Henry L. Wyatt. th first man killed In the Civil war, to be available when a like amount 'shall have been raised from other sources, the statue to be In capltol square, was passed unanimously. The ma chinery bill pasesd Its final reading with no changes every effort being made for final adjournment tomor row night. Senator Doughton's bill providing for state Inspection of illuminating oils, calling for ten inspectors and the cost of the inspection to be paid by the wholesale dealers, was up In the house tonight until around midnight The bill was finally pased by a vote of 60 to 31, with an amendment that the pay of the inspectors shall not exceed one thousand dollars a year. Revenue Conference. Just before the house adjourned at midnight Mr- Dowd, for the confer- ROOT SLATED FOR SUPREME COURT BENCH Taft Will Appoint Him to Justice Fuller's Place If He Wll Accept HAS ABANDONED HOPE OF THE WHITE HOUSE Will Be Seventy-two Years Old Before the Next Election Comes SIMMONS MAY GET JUDICIAL ERMINE Rumor Current at Capital That Taft May Appoint , Him to Federal Bench. ( Continued en page four.) (Continued on page Vs.) L01W0N JUGGLING THE TIME TO GET A CORNER ON WORLD'S SUNSHINE (Special to The Citizen.) WASHINGTON, March 5. The ru mor Is current here that Senator Sim mons of North Carolina may be Pres ident Taft's appointee for a federal judgeship. Senator Simmons always stood well at the white house during the last administration and his at tainments as a. lawyer commend him especially to President Taft In view of the president's expressed desire to make appointments that would be entirely satisfactory to the villous localities' In the . South. . It would hot be surprising if- Senator Simmons' name were sent in for a Judgeship. There Is some Intimation that if several of the Influential colleagues of Senator Simmons who are close to the president, for Instance Knox, Al- drieh. Lodge and William Alden Smith, were to request the appoint ment of Senator Simmons there might be a vacant seat in the United States senate belonging' to North Carolina. Senator Simmons is counted a good lawyer in eastern North Carolina, and the political wheel has made more surprising turns than his ap pointment, the fifth district for ex ample. ... CONFIRMS ALL CABINET AFTER SHARTDEBATE Senator Tillman Applies Short and Ugly Word to Meyer BAILEY DECLARES NAGEL AN OIL MAN BALTIMORE TRIES TO GET UNTANGLFD fSpeelsl to Th Cltltsn.) WASHINGTON, March 5,Kllhu Root of New York will be the next chief Justice of the United State u preme court provided Mr. Hoot will accept the appointment at the hands of Mr. Taft, He has told friends that were lie able to make Root chief Jus tlce, he would regard It as th crown ing act of his administration. It is well known that Mr. Taft' life ambition wa to alt on the supreme court bench, and until the little pre ldentlal bee began its bussing he had looked upon the chief justiceship as the most .exalted place to which mor tal might aspire. It Is not surprising, WrccW of Wires Leaves ZTJ!L? J'r! ------ - ' " " w- Train Service Demoral ized. Loss is Heavy (By Associated Press.) BALTIMORE, March 6. Practi cally Isolated from the outside world save by flickering wireless communi cation and belated trains. Baltimore today made every effort to bring or der out of chaos. The storm that brought havoc in its wake gave place to clear skies and cool bracing air, cupled by Chief Justice Fuller. 1 Th latter js long past the age of retire ment, and It 1 well understood that he will not remain on the bench throughout Mr. Taff term In th white house. Groat Compliment. At a fcanquet In New York a few night ago Mr. Taft said that he be lieved that Boot Instead of Taft should have succeeded to the presi dency. No man ever paid another al higher compliment, and the compli ment wa a peculiarly graceful one because of the well known fact that Mr. Root aspired to th nomination last year but gave way to Taft be cause he believed the latter would of .President . is Given . Senatorial Sanction GETTING OUR BOGUS LORDS IN RIGHT PEW A multitnrlft nf tplftzrauh and tol In thO End Official Familvinono wlrs not only In th olty, but make the Wronger candidate." If Mr. 'vi'i ... u.an-i naving oeen. steciao to me place Hon, y on in ground, trains rani which Mr. Rrtot Wanted, should P ta and. jut of th city without ordsrs I point Mr, Root te th position which and city traffic was generally dettior-1 Taft himself -wanted. It would be an lalised. From thirty to forty miles In all directions pole and wire lay In mass of tangled wreck age. Mile of poles and .wires will have to be re- built entirely. Between Baltimore and Havre de Grace, Maryland, over one thousand poles, with about 140 wires (By Associated Press.) ATLANTA. Ga., March 6. Accord ing to a Tifton, Ga., special to The Constitution, there were two mysteri ous "Lord Bereafords" operating In this country during the past several years, and Sidney Lascelie, who re cently died at Ashevllle, N. c, was not even remotely connected with the second Lord Beresford, whose opera- Hons were confined more particularly to the west and east. The "Lord Beresford" now serving a term in the Fort Leavenworth, Kans., federal prison, is really an Englishman and has gone under the aliases of Sidney Lasalle, Edmond Burke, etc., but has no connection with the person .who operated in the South under this royal title. BLIND WOMAN MURDERED. (By Associated Press.) MONTE VALLO, Ala., March B. News has Just reached here that yes terday afternoon In Chilton county, about five miles south of Montevallo, Mrs. King, about fifty years of age, and almost blind, was found dead In room of her home. Her throat was cut and there was a wound on her head. Blood was found in the yard and there were other indications pointing to the probability that she was murdered in the yard and her body thrown Into the house through the window. PATRICK STILL APPEALING. Bjr Associated Press. LONDON, March 8. The daylight vlng bill passed its second reading to the he-use of commons today by, liO vote to 14. The bill was drafted to Promote the earlier use of daylight in certain month yearly by putting for ward the clock twenty minute on 'or sucesaive Sunday In April and by reversing the process on the four Sundays in September. The bill, it has been argued, would be of great benefit to all classes by giving th people Just o much more sunlight la which to 9iave recreation, while the wage-earner would retire earlier and thereby save th expense of light. 1 (By Associated Press.) NEW YORK. March S. Albert T. Patrick, who was convicted of the murder of William Marsh Rice, made a sensational appeal to the appellate division in Brooklyn today to free him from imprisonment for life or send him to the electric chair. He declared that imprisonment for life was a greater punishment than death penalty, LOUISIANA HANGING BAIT'S" (By Amocteted-Press.) BATON ROUGE. L4 March t. The execution of seven ' negroes In Louisiana today followed the convle (By Associated Press.) WASHINGTON, March 6. No spe cific opposition wa made to the con firmation of any members of the cab inet when the president sent that body his list of nominations today. The nominations followed the formal noti fication of the president by a senate committee that th senate was or ganized. Although there was no specific op position to the cabinet members, some rather sharp comments were made by Mr. Tillman concerning the nomina tion of Mr. Meyer to bo secretary of the navy and by Mr. Bailey concern Ing Mr. Nagel to be secretary of com merce and labor. In his remarks Mr. Tillman called attention to the in vestlgation of him by the postofflce de partment during Mr. Meyer's incum bency of the office of postmaster gen eral. The South Carolina senator said that Meyer "accused me of bein? a ! liar when I was not and I accused Meyer of being a liar when he was." Nagel oil Man. Hower, Mr Tillman did not object to confirmation. The comments by Mr. Bailey upon the qualification of Mr. Nagel reference to .the latter's service as counsel to the Waters Pierce Oil company, Mr. Halley said he understood that Mr. Nagel had been an attorney for the Standard Oil company. Mr. Borah replied thai he had investigated this charge and found that Its only, basis was the fact that Mr. Nagel for the Waters-Pierce company had once passed upon :he validity of. an opinion of a court. Confirmed Cabinet. Upon receipt of the list of nomina tions the senate went Into executive session and ronflrmed the following nominations In the Taft cabinet: Phil ander C. Knox, of Pennsylvania, to be secreary of state; Franklin MacVengh, of Illinois, to be secretary of the tr as ury; Jac4 M. Dickinson, of TennesHee, to be secretary of war; George W. Wlckersham. of New York, to be at torney general; Frank H. Hitchcock, of Massachusetts, to be postmaster general; Gcorse V. L. Meyer, of Mas sachusetts, to he secretary of the navy; Richard A. Balllnger, of Washington, to be secretary of the Interior; James Wilson, of Iowa, to be secretary of agriculture; Charles Nagel, of Mis souri, to bo secretary of commerce and labor; Huntington Wilson, of Il linois, to be assistant secretary of state, and Beckman Wlnthrop, of New unusual demonstration of the capri clousnese of fate. Whether Mr. Root would accept the chief Justiceship is not known ex cept possibly to a few of his Intimate and Mr. Root has few Intimate. DOES NOTHING TO MAR PEACE OF THE! NATION Taft's First Day Worth Only Column From En- . tlmsiastie Reporters WAS SPENT LARGELY IN CONGRATULATIONS Visitors Swarm Around Capital Peeking Into ! Every Nook and Corner (By Annotated Pre.) ; i WASHINGTON, March . L. Th Taft administration took It first , stride today. Th nsw president named hi cabinet, th aenat con firmed hi oleftlon and It member will take the oath of office tomorrow morning, with th Inception of George W. Wlckerriham, . whs , wa worn In attorney general today and of Messrs. Dickinson and Mil Veagh who personal , affair wilt not permit of their reaching Wash ington for a week or more.i , An Important conference took place between President Taft and th re publican member of th way and mean committee. . Th ' commute framed a tariff bill which It 1 under- ' stood contain a provision ' for th -collection of an Inheritance taxon -of th uggtlon for raising revenue contained In the inaugural addren , of President Taft, Mr. Taft told .the committee there would b no delay In th official i proclamation calling th . extra session of congress for March zli. ill message to thi eaion. he , aid, would recommend that It eon' line Its work exclusively to -tariff re- vUlop that ther might be no neces sary delay In enacting thi most Im portant law. He would not, he said, discus In Is message any detail of tariff re vision, leaving all such matter to th Judgment of congress. ? Th commit tee member left the whit house ex pressing the belief that th work of ' the extra session would to completed before Junrt Xi - .-.. , Received ttiugi-AtiilnMiiiut,. Asld from the Important accom plishments, President Taft gave him- elf up heartily to the di.mftnd of his ' friends and thousand of Inaugural visitor who wanted to . shak hi hand, nee hi smile and get a word , When he wo elected senator from to carry home with them. New York there was Vary wide- Philander C. Kno had the honor are down and approximately the spread belief that he hoped the n-'0f h"Insr th first caller on President same conditions existed between Hal tlmore and Washington. No confirmation was received of the report that five men were froaen to death while traveling on foot from the Patuxent river to Annapolis. atorehlp would lead to the presldsn tlal nomination four or eight year hence. There Isn't a chance, though. that ho will oppose Taft for the nom ination In 1D12, and In 191 Mr. Root will be 73 year old. Under such clr- Latist estimates, based on Informa- f"m"tano 11 wo' not surprising ii inn cnier jusiicesnip appealed to the New York enator. (Continued en Bags seven.) tlon obtained today and tonteht, place the damage by the storm to public service corporation at from 1700,000 to 1, 000, 000. Harry Granger, a brother-in-law of Oeorge R. Galther, who at the last election was the republican can didate for governor, was found dead today, a victim of the storm, beside the tracks of the United railways. RUNAWAY SENATORS ESCORTED TO CAPITOL BLEW HIMSELF UP (By Asmxlau-d Proas.) NASHVILLE, Tenn., March 5.- After spending one week at Hopkins vllle, Ky., eight of the thirteen itate senators who ran away from here to break a quorum and thus prevent the WITH DYNAMITE Passage of objectionable election bills. iciuumu vj rvHiinvtiio irom nnniucKy . tuuuj...j lraa I i"uy. 101 runaway! were ecor?ea y ' " " ' i.- . i, .. ...... i ... i i ,t...i- i . ... CLEVELAND. Tenn.. March 6.- I" r.JJT r.,,l Pnffman uroil alvtv VfffLfH. In. I '- '..". J .,, rrs' 1 ;i.,'...(i,i i ,.t r.-l ment "" been made whereby the taculVr manner. Purchasing a stick l'n "'S?"? J"? election, but will leave the matter as It now stands to be trlod out in of dynamlt" he attacked a fuse, light ed It and lay down on the dynamite. The explosion tore his head and body almost to the waist to shreads. 8IXTKKN MEN BROWNED. SAVANNAH MAKES BIO BID FOR RACE (By Awfodatod Press.) LIVERPOOL, March . Sixteen mun were drowned early this morn ing in th- flooding of a coffer dam used In the construction of a new dock at Hlrknnhcad. Three men res cued from the wreckage were badly Injured. MOON SHIM KRH GOT HIM. (By Associated Press.) PEN8AC0LA. Fla., March 5. Buck" Crow, a United States dep. nty marshal, who has for years hunt ed moonshiners In this district, is drad at his home In Bonifay as a re sult of a gunshot wound which hf received accidentally while on his (By AsMM-tatcd Press.) HAVANNAh, Ga., March f,. The Savannah Automobile club that under the auspices of the Automobile Club of America pulled off the American grand prize automobile race on Thanksgiving Vay 1908, tonlirht de cided to offer Its twenty-llve-mlle course for this year's premier auto mobile event. The application for the race Is In the hands of Harvr-y Gran ger, chairman of the clubs course committee. The club will, probably offer big cash purses for drivers of car If the race Is brought ru ro. COLD WAVE COMING SAYS THE WISE ONE way witn otner to moonshiners. raid a gang of WOULD GOTH TIME. (By Associated Press.) WASHINGTON. March 5. Fore- AsV 4tm Vmrth ""aeAlinci warmr tlonof U of them for murder and srda, wlth ialr In east and rain one for criminal assault upon a mem-lln wert portions: Sunday rain, mod- ' ' .. . ' rat outh wind. t (By Associated Press.) NEW YORK. March t Counsel! for the Press Publishing company, puhlishes of The New York World, and Caleb M. Van Mamm, editor of The World, secured from Justice Holt, In the United State district court here today a week In which to answer the Indictment found yester day against the company and Mr. Van Hamm. charging criminal libel In connection with publication re garding the Panama canal purchase. (By Asorlatd Press.) WASHINGTON, March B. General forecast for Saturday and Sunday: A cool wave for the season will appear over the plain states Sunday and cross the central valleys, the lake region and the Atlantic states Sunday night and Monday. It will be followed by an energetic disturbance that will cross the continent March 7th to 10th and reach the middle of next week. Tflft. who took hi beat at th desk abandoned yesterday by President Roosevelt In the whit house office building at precisely 9. SO o'clock thi morning. i President Taft consented to attend the celebration July 1 and I next of v the discovery of Lake Champlaln, at, Plattahiirg and Burlington. Senator Root la to be the principal speaker at the former place. The congratulation and good wtsh- , es of f'uba were extended to Presi dent Taft from President Oonut, Vice-President Zayn and a number of prominent Cuban citizen and pot- ' Itlclansl in the form of a memorial presented 1y General Demetrlo Co- ' tlllo Duany. , . The reviewing stand for th Inau- 4 rural parade was again occupied by President Taft thi morning when h took hi place there to do Honor to the "crack" Seventh regiment,; New r"n"k Infantry. From the stand h returned to the east room, wher h received many visitors. Tar nccls Make Call. An immense delegation from North Carolina wa welcomed, and the Cit izens' Taft club of Cincinnati received many warm word of welcome. The public also availed Itself of the hand shaking matinee which kept the big mansion In a state of throng and animation throughout th day. Fred W. Carpenter took th oath of office a secretary to the president alone with Col. William Crook of . the white house executive force, who : Is a notary. Wendell W. .Mlschlcr who has been Mr. Taft' assistant secretary and stenographer wa mad on of Mr. Carpenter' assistant. Let All "Rubber." Crowds of visitors swarmed through through the white house ground all day. The north portico wa Ailed many times during th day. Th new colored footmen at the north door came In for unrestrained observation! hut bore the scrutiny with butler-Ilk dignity. No objection was made by police officer to peering In window or gazing Into the arwawaV running around the building. They apprecia ted that the stranger had coma long aistance to ee th capltol and th move on" ,. order were aeldom brought Into play. V Thousand crowded the capltol' historic corridor and 1 hall. They over-ran the house chamber, crowded Into the senate galleries, whll th aenate wa In session, and took a 1 glimpse at the supreme court whll It wa meeting; --"" POLICEMAN KILLS HIS CAPTAIN WITHOUT WARNING OR MOTIVE FREEZE HURTS TRUCK, (By Associated Press.) WASHINGTON, March S Captain W. 11. Mathews, of the fifth police precinct In this city, wa shot and (By Associated Pre.) NORFOLK. Va., March The damage to trucking interests of this killed while sitting at hi desk In th vicinity by reason of th frees of station house' tonight by Policeman Thursday night, I not considered! Collier. Without th slightest warning iriou. The high wind prevailing Collier entered the station and went laved all but th mor dolicat plants. Immediately Into the captain' offlc wher he jerked fom hi pocket a revolver and began firing bullet Into Mathews body. The cause for the klllng is a mystery, even to the assb elate of-Collier. Th latter, Iti al-, leged. had been reprimanded by Cap tain MathewsC Lieutenant Sprinkle arrested Collier and placed him In a cell. , , 1