THE ASHEWiLE CITIZEN.
THE WEATHEH
.Associated Presi u
... . t. .... V . '
Leased Wire Reports.
s.
VOL. XXV. NCU42.
SIIIDOILIOT
BUILTfi" ENDS THE
E
jury Ordefed by Court to Re
turn Verdlcf Acquitting
FOLLOWS RULING OP v
COURT OP APPEALS
Judge Anderson Declares no
Case Had Been Proven
Against Defendant.
(By Associated Pres.)
CHICAGO, March JO The standard
Oil company of Indiana was toduy
found not guilty of accepting rebate
from the Chicago and Alton ralnrbad
on shipments of $tt from Whiting,
Jnd.. to East Bt. Louis, 111. The vee
diet was returned 'by a jury In tho
federal Court on Instruction ot judgft
A. Q. Anderson, whd averred that ho
followed the circuit court of . appeal
decision on '".L- the verdict returned at
the former trial of the same case and
on which verdict Judge Kenesaw,
Mountain. Landls assessed a flu ot
.J.Uenri0n ; 1"? .WM."?i
unexpected a ha had yesterday told
the government prosecutors that the
proof relied on in the first trial was
incompetent, and that it must be sup
plemented or fall. It was with some
thing of an air ot hopelessness that
District Attorney fid win S. Sims and
his assistants, attempted to show the
sdmlssabillty Of the Illinois classifica
tion to prove the existence ot a legal
rate of eighteen cents, which was a
?", l" ""r""' cou-
!I20,000.000
GAS
. ... .. A..i.t.nt ru..,i,. l, I aemollrhed. , Every store on Depot
torney James H. Wilkerson had s f b , k tlmbert
TJl .I0" I? th' el2i Homeless person, wandered through
admitted that the prosecutloon could .earchlng for household po
not furnish the further proof deemed ,mB ,,, ni had scattered
necessary by the court for a continue-1 "... . ..
tlon of the case that Judge Anderson
. ....1 .
announced his decision. -
Gave Jury No Say.
Mr, Wilkinson said that the gov
ernment could proceed no' further
and suggested dismissal of the case.
Attorney John S. Miller, chief coun
sel 4hthk.caJM for, h Oil company,
Immediately moved that there be an
instructed, verdict or not guilty. The
court so ordered, and the Jury, which
had been excluded during the argu
ments by the attorneys, was called in
and charged. '
The decision of Judges Orosscup,
Baker and tieaman, of the United
States circuit court of appeals, re
versing Judge Landls, together with
the action of the United States su
preme court In refusing to review the
decision of the court of appeal, was
assigned as authority for today's de
cision. Judge Anderson quoted from the
opinion of the appelate court judges.
The strongest expression in favor of
his view, he said, was the statement
In that decision that "the most wc
can say Is that the question Is one
(Continued en page' four.)
SDI
IN NOTORIOUS CASE OF
a. .
UIRD OF KIPPENDIE
Judge Scores Both Parties
in His Decree and Calls
It Unromantio
t
WILL APPEAL CASE
(ty Associated Press.)
EDINBURGH, March 10. The sen
ational Stirling cross divorce suits
were decided today by Lord Guthrie,
who grantee) the husband's petition,
awarded him the custody of his chil
dren and denied the cross petition of
Mrs. Stirling.
John Alexander Stirling, laird of
Klppendaire, was married three years
to to Clara Elisabeth Taylor, an
American show girl, who came from
New Jersey. Last fall, cross suits for
divorce were filed, Mr. Stirling nam
ing Lord Northland, and Mrs. Stlr
"ng Mrs. Atherton as co-respondents.
In giving his judgment Lord Outh
rle said the case has no legal Inter
est and that It should not have any
Public interest Most of the evidence
d been token up with the petty
questions of selfish, idle lives which
contained lKtle or nothing romantic
nd little that was even mock hero-
K. Mr. fttlrlln ho M in meeting
Mrs.
Atherton hod welcomed an in
trod uct ion he should have shunned.
Continuing iord Guthrie discredited
Idea of a plot to get rid of Mrs.
Stirling by forcing her to a guilty af
tection for Lord Northland, but he
thought that her letters to Lord Nor
thland were Indicative of guilty re
f tenons. , ......
' rd f ortbtand'slj eovrosel mmedi
ly gave notice7 o) peol.: i Both
Northland and Ur, Stirling were
"it., In court, when the 'decision
rendered .
The attorney for Mrs. Btlrllng also
announced that he would appeal tlie
ecision. ' -
TEN LIVES LOST II
STORMTHATSWEPT
T
Small Towns Suffer Badly In
Alabama and In
Georgia.
BRINKLEY SENDS OUT
CALL FOR ASSISTANCE
Town Is Practically Destroy
ed and 200 Injured Ex
posed to Elements.
(By Associated Press.)
ATLANTA, Ga March 10. With
the completed reath roll of Sunday
night Arkansas tornado just coming
tn, the tall end of the Arkansas storm
which last night slapped across Ala
bama ond South Georgia, today set in
motion a new death count for the
latter two states. TThe count was ten
tonight, Ave negroes killed at .utn
bert. Go., and three whites and two
negroes drowned at Montgomery
Ala. The latter1 deaths, a result of
high water following, a record rain
I fall for the past twenty years.
Cummlng, 3a., today got into tele
graphic communication with the out
side world and ent word that a tor
nado ploughed through miles of tim
ber, farm yards and valuable prop
erty In that vicinity besides destroy
Ing half a dozen farmers homes and
seriously injuring a young man and
a young woman.
Cuthbert, Ga.. reported the damage
today at half a million dollars and
Mayor D. A. McPherson Issued an
1 .nnul .IJ V...lu Hnlf rkt the
main business block of Cuthbert wan
r mocKS m an aireciions.
The five persons drowned In the
Alabama river at Montgomery In the
rising waters which followed lasl
night's storm tost their Jives from I
(erryj., The ferry, a small boat wai
overturned, by being awept against
submerged ferry wire. The whites
dead, at Montgomery ,. are: William
Dlllard, twenty years, old; Thomac
Harper, of Atlanta, twenty-three
years, and an unidentified white man.
BTUVKLFVS CALIi FOR AIT).
.BRINKLEY. Ark., March 10.
Mayor T. H. Jackson has Issued an
appeal for aid. In an, official state
ment he reviews the destruction
wrodKht by this tornado Mondaj
rhfrtyUCandthsyromveerr2oo pnl !
were Inlured. The oitpeal follows:
"T Hi. PntHc! In resDonse tn
many Inquiries concerning thn terrl
hte calamity which has befallen oui
city. I would like to say that the llsi
nt AoaA so far recovered from the
wreckage numbers thirty-five and th
nmindeit number over 200. There If
u-LrLi.r .-innrinru-i-i-i-
(Continued en page six.)
UNO AFFINITY PLOTTO
When Arrested Each Tries
to Put Blame on the
Other
BOTH HELD IN JAIL
(By Associated Press.)
ATLANTA, Ga., March 10.
plot of affinities to poison the
-The
hus-
band In the case was laid
bare in
police court here .today when Rev.
Charles H. Woolfram, Holinew
preacher and Mrs. M. P. Lockhart
were arrolgned on charges of immor
al conduct preferred by J. J. Lock
hart. According to the story told by
the soul mates, J. J- Lockhart, the
legal husband of Mrs. Lockhart was
doomed to die. Mrs. Lockhart testi
fied that Rev. Woolfram was the au
thor of the plot, whereas the latter
testified that the wife was equally lm
plicated In planning to kill Lockhart.
Mr. and Mrs. Lockhart were mar
ried in 1901. She said her married
life was unhappy and she Instituted
proceedings for divorce, and until a
short time ago was or me opinion
that she hod been granted a divorce
She saysshe married Woolfram In
Jacksonville. After living with him
for thirteen months she returned to
her .husband. Lockhart In Atlanta.
Woolfram also moved here.
Judge Broyles sent the defendants
to Jail In default of tl.000 bail each.
Rev. Woolfram is a graduate of the
Meody Theological college, Chicago,
and is the author of a number of re
ligious work He Is thlrty-Irae years
old and a -cripple. Mrs. Lockhart Is
twenty-live and good looking. .
SOUTH
LAST NIGH
ASHEVILLE, N.
KENESAW
! the redsreJ Cent at Cklcas Wo Wa rM See
sg?!lfyWiaitfra.-jqiW ' "l,"'y,,'lWf'l'ISIiinlM UM.nl
I .'. . "' i'' " ." " ' V
r4 , . t ? , . . -
ft i?-V '
t . ... i'.ijSi-
And seea his decision made
L UMSDEN CONVICTED
North Carolinian Who Killed
Fall Makes Good Defense. Prominent
Heels Testified For Him.
(By Associated Prow.)
NEW YORK, March 10. John C.
Lumsden, of North Carolina, on trial
for the murder of Harry Suydam, a
curb broker, in the latter's office last
December, was convicted tonight of
manslaughter In the first degree.
Several well-known North CarolTn
lans, among them Mayor James I.
Johnson, of Raleigh, testified In the
supreme court here today in behalf of
Lumsden, the young North Carolina
inventor on trial for the killing of
Harry Suydarh, a curb broker, in the
latter's Broad street office last De
cember. After all these witnesses hail
testified to Lumsden's eod character
the defense rested Its case.
William Henry Bagley, a brother of
Knsign Worth Bagley, and a member
of the staff of the governor of North
Carolina, testified to the defendant's
excellent reputation, as did Edward C
Powell, a musician of this city, who
had known Lumsden seven years ago
in Birmingham, Ala-
OR. WILEY WARNS GIRLS
AGAINST SOFT DRINKS
Doesn't Recommend Any
Substitute, However, and
Boys Must Still Pony
(By Associated Press.)
WASHINGTON, March 10.
The
and
be-
dangers of the "soft drink habit"
the Innocence- whh which girls
come addicted to it were emphasized
tonight by Dr. Harvey W. Wiley, the ;
goverment's pure food expert in a
lecture before one hundred girl stu
dents of the Holy Cross Academy. "If
you only knew what I know about
what these soft drinks contain you
would abstain from them" he said.
It will surprise you to know that
most of them contain more caffeine
than coffee and a drug which Is more
deadly. So beware of the soft drink.
It is more harmful than coffee and
I advise all young people against
the use of this stimulant Perhaps you
would be interested to know I have
collected - more than one rundred
samples of sft drinks sold at soda
fountains
md each contains caffeine
and many
of them a deadly drug.
C., THURSDAY MORNING, MARCH 11, 1909.
M. LANDIS,
i Oasrrllit 'ttdf b C D. Vrey..
a jest and byword In courts.
OF WANSLA UGHTER
Broker in New York Last
Tar
Brig. Gen. Jnsi'ph F. Armfield, who
commanded the llrst North Curollnii
mounted infantry, in which Lumsden
served In the Spanish-American war.
and Col. Z. I Smith, of Raleigh, who
was first lieutenant of Lumsden's com
pany, were utin r character witnesses
for the defendant. On crosa-examlni,-tlon
both stutfd that they had never
heard of Lumsth-n being court mar
tlaled during th.- war. Mayor John
son, of Raleigh, told the prosecutor
he believed a man could carry a re
volver and still keep a reputation for
peace and quiet.
The' rebuttal testimony was brief.
Former Governor Charles 1). Aycock,
of North Carolina, summed up for the
defense, and d lared that the evi
dence showed t!ie killing of Suydam
was accidental, occurring in tho strug
gle for Lumwdi n's revolver before the
latter had talo n it from his pocket.
TESTIFIES AGAINST
Evidencc May Send Him' to
the Gallows For Murder
of Woman
CHICAGO, .March 10. In the trial
of Luman C. Mann for the murder
last July of -Mrs. Frances Gilmore
Thompson, the state todoy called to
the' witness stand Mrs. Maud Shanks,
divorced wife of the defendant It Is
alleged that Mrs. Shanks was spirited
sway to New York by agents of the
defense and held there in order to
prevent her appearance ss witness
against her former husband. Her
presence In court therefore, is a sur
prise. Mrs. Shanks has made an affidavit
to the state s attorney giving details
of the alleged plot by Which she was
abducted and taken to New York so
that she could not testify. She avers
an agent of the defense gave her 1100
before she left Chicago and 25 a
week while she remained in New
York.
The witness looked at the register
of a Mlhigan avenue rooming house
In' which Mrs.' Thompson wss found
lead and declared the entry "J. H.
Raymond and wife." to be th writ
ing of her former- husband, - .
GEiV. GARNERMAKES
BRILLIANT SPEECH
FOR PROSECUTION
Lucid and Convincing Is His
Analysis of the Evidence
Against Cooper.
. (Rjr Associated Press.)
NASHVILLE. Teun- March It.
Two . things stand out In today's de
velopments In the Cooper-Sharp trial
ror the murder of former United
States Senator E. W. Carmack. One
is the theory of the state as to the
wounding of Robin ooper. The other
is the defense's defense.
The state announced through Attor
ney General Garner that It would con
tend that COt. D. B. Cooner fired the
hot'whlch wounded his son and that
Senator Carmack, If he fired at all.
fired wildly. General Garner first de
clare that it would b. a physical Im
possibility for Carmack to have shot
Robin1 as the Coopers swear he did.
Next he declaredl that the reasonable
solution of the problem was that Col
onel Coopor opened lire on Carmack
as Mrs. Eastman believe he did and
that a bullet from his pistol struck
the telephone post, was deflected and
entered Robin's shoulder, Hs eon
tended that this theory la corrobor
ated br the course of the bullet, which
penetrated the flesh only an inch and
a half and failed to strike bone. A
thirty-eight calibre blillet fired point
blank at a range of three or four feet
Garner contends would have gone
deeper In th flesh than an inch and a
half. - - - - ;. ,
Gen. Garner Brilliant. '
General Garner made av brIHIant
nd logical argument and It was with
difficulty that a demonstration waa
prevented. "The oourt officers, how
ever, ware aided In this by the sudden
fainting of Mrs. Carmack. The audi
ences attention was Instantly diverted
to the widow of the murdered man
and quiet was maintained. It became
evident from the argument of Gener
al Washington, of the defanss, who
followed General Garner, before the
jury, that the. defense proposes to
rely very strongly upon plea of just
location as well as upon the plea 4f
self-defense. General Mseks paved
th way for it In his argument yester
day when he cams out boldly In favor
ot the application of the unwritten
law to editors and declared that the
murder of Carmack by the Coopers
was hot the first time that a Nosh-
vll- edltsr lm been' atn"for trWi
chtlng some one. , ,., ; , ,
Denounces Carmack.
General Washington did not take
such a decided stand, but he devoted
the entire two hours of his argument
this afternoon to a denunciation or
Carmack, "the man with the poison
of a scorpion In his pen, the sting nf
a wasp in his words and the venom
IKING OP TIE WIRES
AT MOMBASA AGAINST
Scene of Activities Soon Be
Transferred to African
Coast
5VERBODY DELIGHTED
(By Associated Press.)
MOMBASA, British Esst Africa.
March 10. Mombasa Is preparing al
ready to welcome Theodore Roosevelt
when he lands here the latter part of
xt month on his much heralded
African trip.
The governor of the protectorate.
Lieutenant Colonel Sir James Hayes
Sadie Is getting up a program of wit
and entertainment for the distin
guished visitor, but In spite of these
irangements, the greeting of Mr.
Roosevelt will be more to the great
sportsman whose fame Is well known
to local hunters than to the former
president.
East African sportsmen were hlgh-
y gratified to learn that Mr. Roose-
elt had refused the oner of the au
thorities to grant him a special hunt-
ng license tnal wouia nave permmea
htm to kill game to an unlimited ex
tent Instead of confining himself to
he two elephants, two rhinoceroses.
two hippopotamus, etc., of the reg-
lar license. Lions and leopards are
classed as vermin and consequently
o license to kill them js required.
Plenty of Lions.
The prospects for good hunting this
season are considered excellent. Many
f the settlers in the outlying dis
tricts, realizing the Increasing Inter
est in the prospect for good sport
because of the coming of Mr. Roose
velt are voluntarily sending In Infor
mation about the movement of game.
According to a dispatch received here
today a record group of lions, num
bering thirty-two were seen on th
Nandi plateau yesterday at a point
bout fifty miles north of Port Fkr-
ene. (The Nandi piateasr I on tn
est side of the great Rift Valley.)
Among them were three hug males.
Four families of giraffe havs been
seen at Maklndu, two hundred miles
inland from her on the line of the
Uganda railroad and elephants have
been seen at Elburgon, 471 miles In
land on the railroad and along th
Rabakl river, not for to th north of
Mombasa. . "..il..
ot the rattlesnake under his tongue,'
He Interpreted Carmaok's .words and
editorials as he said they were meant,
and Colonel Cooper Interpreted
them, and declared that the colonel
had no recourse In the world. He
had not finished tils argument when
oourt adjourned and he will cpnoluSe
It tomorrow. Judge Anderson, also of
the defense, , will follow him and
then Attorney General MoCarn will
close the can for the state.
lUrtlcnhw Defense.
Attorney General Qarner declared
that the defense had heaped slanders
upon Carmack during this trial. Re
(erring to what he Mid was the de
fense's claim that Carmack's editorial
upon the Cox-Patterson reconciliation
was a Justification for murder. Garner
asked: . "What In the name of God
should be the punishment meted oui
to John Sharp and Robin Cooper for
the vile epithets applied to Senator
Carmack T You heard the witnesses
repeat what these two defendant said
of the dead man," ,,,, ,., -flwiS,
General Gamer followed Cooper In
the first conference In Bradford' of
fice the morning of the killing- i
"We find him still cursing an.1
wearing and spplyng In the presence
of a lady the vilest epithets to Senator
Carmack." , . , ,
. , Bradford Impetctird.
. General Garner next turned his at
tention to , Judge Bradford and de
clared that th latter' testimony had
been impeached, adding; , ;
."This la th man who 'jld,''I could
have killed Senator Carmack with a
little remorse a I would kill rat
tlesnake.' "The day move on and th defend
ant are armed, -The three men reach
Union street, together and start tn
cross Union street. They tell you they
re going over there on a Pacablo
mission, , yet 4harp aay h feared
there would se serious trouble and hs
was so aura of It that at a'alngl
glance h told Miss BkefOngton thst
that' Colonel Coopsr . shooting , C.
Mill' : -y rV kl4 4jj )
. "Th aokmei . tell you.ljs,dldint
watt on th corner lest the waiting be
pregnant with meaning, an overt aot
So hs- think ft--safer to walk down
th street behind Mrs, Eastman and
come on Senator Carmack unawares'
Evidence of a Collar, ;
Gen. Garner placed th plat of th
the scene of the tragedy on the floor,
two book up to represent th poles
and demonstrated that It would be a
(Continued a page six.)
TWO STEAMSHIPS CRASH
TOGETHER IN FOG, BOTH
ARE WHOLLY DISABLED
Crew and Passengers Saved
From One Sinking Boat
Are Transferred
CAPTAINS REMAINED
(By Associated Press.)
CHATHAM. Mass., March 10. The
steamers Horatio Hall of the Mains
Steamship company from Portland for
New York, and H. F. Dlmok of the
Metropolitan line, from New York for
Boston, met In the middle of the nar
row channel known as Pollock
Rip Slue today, with a crash thst sent
the Hall to the bottom within half
an hour and caused the Dlmok to run
ashore six hours later on Cape Coil
beach, where the passengers and crew
of the Hall were landed unharmed.
A brief wireless message which the
operator of the sinking Hull managed
J to send broadcast spread the news of
me collision, which occurred at I a
m., but as he failed to give the posi
tion, details of the disaster did not
become known until the Dlmok came
ashore half a mile south of the Or
leans life saving station shortly after
Z p. m.
A boat crew with five passengers
from the Hall, Including two women,
landed safely on Cape Cod beach.
Cut Hall In Two. '
Ths Horatio Hall left Portland at
10 10 o'clock last night with five pas
sengers, a crew of about forty, and
400 tons of freight. ' The Dlmok left
New York yesterday afternoon and
both ran Into the fog off the south
eastern Massachusetts coast about the
same time. 1 a. m. The fog was
very dense, but both captain were
whistling frequently. Shortly after II
o'clock, the two steamers met In what
seemed more like a crushing jar than
a terrific crash. The sharp nose of
the Dlmok went through the side of
the Portland boat, penetrating fifteen
or twenty feet Into the Hall's body.
Captain Thompson, of the Dlmok,
started to back his steamer, but see
ing he might save those on board,
held her nose into the jagged rent In
the Hall, and as he pushed the latter
over toward the shoal water on the
side of the Slue, the five passengers
on the Hall were dragged over th
tangled mas of wreckage to th deck
of the Dlmok.
(Continued n pg seven.)
PRICE FIVE CENTS.
PRIEST SHOT DEAD
ill
It
Housekeeper who Appeared
Gets Bullet That may ,
be Fatal
CHURCH TROUBLE IS ;
THE SUPPOSED CAUSE
Police Arrest Members and
Trustees of church as ;
Suspects In Case.
1 (By" AssoclatM Pre.) '
NEWARK, N. J., March 10. Threa
men whose feature appear to have
beon concealed by their heavy over
Coot and slouch hats, walked Into
the study of th Rev. Rrasmut An-'
slon, pastor of the Polish church of
fH. flunisltua, this morning and apn
ed fir upon him. Three bullet from.
their three revolvers hit the priest,
killing him Instantly,'
Th trio turnsd to make their
ape and found their; way blocked by
Mrs.' Antonio' Bewrsytsk, - th' house-
keeper; ' On if tn Visitor turned.
IN HIS OWN HOUSE
BYUNKH1
ft E
rwvuiver,. mum nor, minciing ok .
wound which is likely to prove fatal.
Then all three'made their escape.
The police wer put to Work on th
caao withlri a 'f minute of th V
murder and by noon had rounded up
four suspects, on -1 of - whom , th
housekeeper,' now . tin -V St. Bnrnaba
hospital, thought bors a rcsemblunc
to the leader of the trio who bad dona
the shooting. - Th other she was un
hl to Identify. All four denied any.
knowledge of the affslr. ' ,
No artiiiats theory to account fog ,
4h attack; upon the prlnat ho beers
presented I the police. It t ws
learned that ther has recently been
9ngldeca,be fpt,lonal, trouble In thn
congregation, . nd Father ' Anmon,
when hs cama from Patterson, to
tsk charge of th cnurch five month
go,, made seversl changes which ar
said to havs caused widespread dls
sstisfacflon, '
All (ths men arrested are members
of W, Stanislaus' ohurch and th po
lice ordered th arrest' ot alt th for 1
mer trustee whom the dead priest
ousted when hs took charge of th
parish. ,
JUDGE INDICATED FOR
OHIO GERMAN FIRE CO;
Concealed $300,000 Debts
And Used Funds to Pay
Own Obligations ." '
BARRED FROM OniO
(By Associated Pre.)
TOLEDO, O., March 10. A
suit of the probing into th affairs of
the defunct Ohio German Fire !nsur
ance company, the Lucas county
grand Jury this afternoon returned!
five Indictments against Judge Mich
ael Donnelly, president of th com
puny. Two of th Indictment eharg
perjury, two embezzlement and on
embezzlement and obtaining money
by false pretenses. Donnelly ts judga
of the circuit court in the third Ju
dicial district of Ohio. ,
The compsny was barred from do
ing business in Ohio lost December.
Judge Donnelly I shsrged with fal
sifying the reports of th company to
the state Insurance department. Th
embezzlement Indictment specify that
Donnelly applied funds of the com
panv to paying Interest on personal
debts. The amount Involved Is large.
It Is charged that the report sub
mitted to the state covered up $300,
000 In unpaid loss.
MA J. DIXON PRESIDES.
FITZGERALD, Ga, March 10 Th
eighth encampment of th National
Association of th Blue and Gray
Veterans and their son began a four
day session here today. Major B. F
Dixon, of Raleigh, N. C, presiding.
"WASHINGTON,' March. -1 -For-
east: North Carolina; Fair Thursday)
nd Friday, colder Thursday, modern
t west winds.