THE iEMLXE CITIZEN.
THE WEATHEB
BAIN.
Associated Press
Leased Wire Reports.
VOL, XXV. NO. 143.
ASHEVILLE, N. C, FRIDAY MORNING. MARCH 12, 1909.
PRICE FIVE CENTS.
FLOOD OF ORATORY
SUBMERGES FACTS
TIE DOVE OF PEACE
JOHN MITCHELL.
Tha DUUaiaUaed rresldast ol lbs Mlaets Uslea ( Asjertee.
FAILS TO AGREE ON
IN FAMOUS TRIAL
Gen. Washington Holds Forth
All Day In Bitter And Pecul
justice Gould's Declson Upset
as Restraining Right
of Free Speech
Workers Renew Old Demands
Taft's Largo Experience In
Which "Divine Right"
Baer Refuses
Affairs will Stand
In Good Stead
iar Argument.
phi mm m conference i
JIUWII jlllw VIIW I W I
ICHiDIFIEDBY
COURT OF APPEALS
MALIGN
PROPOSITION
TIE CAPITOL DOME
CONSPIRACY ALONE
(CONSTITUTES CRIME
Gompers Says Decision Is
Vindication of Federa
tion's Position
(By Associated Press.)
WASHINGTON, March 11. The
American Federation of Labor here
lifter may freely refer to the boycott
against the Bucks Stove and Range
company, of St. Louis, except by in
elusion In the "we don't patronize
list." - '
This. In substnee, of widespread
importance . to the labor world, to
manufacturers and to newspapers
generally, Is the sweeping decision
handled down .today by the court of
appeals of the district of Columbia In
the noted injunction case of the
liucks Stove and Range company
against the American "Federation of
Labor, which has been In the courts
fur the District of Columbia In vari
ous phases for months.
- In a reeent decision by Justice
Could of the supreme court of the
district the American If deration of
I-abor and the officers, Messrs. Qom
pers, Morrison and Mitchell and
others were enjoined from conspiring
to boycott (he Bucks Move and Range
company, and from printing or pub
lishlng or distributing', through the
mails or otherwise, any copy of the
"Federatlonallst" or other publication
referring to the complainant. Its bus
Inesa or product In the "we don't
patronise" or "unfair list.
Effect of Decision.
The decision today which was by
Justice Robb, modifies and affirms the
decree of Justice Gould. The court
holds that the decree should toe mod
ified to the extent fSat it shall only
restrain the defendants from con
spiring or combining to boycott the
business of , the Bucks ., (Stove and
Range company 'or threatening or
declaring any . boycott - tr "Tuwristf qg
therein, and frbm printing the name
of the complainant its business or
product in the "we don't patronise"
or "unfair list"- In furtherance of any
boycott against complainants business
or product and from Interfering either
In print or otherwise with complain
ant's business as in the "we don't
patronise" or "unfair"' list In further.
ance of a boycott.
The court holds that tiie defend
ants cannot be restrained from all
publications referring to the Bucks
Stove and Range company, but only
Buch as are made In furtherance of
any Illegal boycott. In a partially
dissenting opinion In which he says
that he is unable to "concur entirely
In the modified decree of Justice
Robb, Chief Justice Shepard express
ed the opinion that the decree should
be modified "so as to restrain the acts
only by which other persons have
been or may be coerced Into ceasing
from business relations with the
Bucks Stove and Range comipany; but
so as not to restrain the publication
of the name of that company In the
"we don't patronize" cotumn of The
,--. viftij i n n i li irm ruvi fxixririri nnnrinnn ium
(Continued en page four.)
WOMEN DISAPPEAR. ALL
WELL KNOWN CRESCENT
CITY SOCIAL LEADERS
Prominent Broker Also Has
Been Missing for Some
Time
POLICE ON LOOKOUT
(By Associated Press.)
-"E WORLBANS, March 11. The
police have been unable to And three
women, the wives of well known men,
who have been missing for days from
their homes In New Orleans and one
of its suburbs. The women are Mrs.
E. W. Baker inH Mr. P. H. ThI
keaux of New Orleans and Mra John
" Edmonds of Slldell. La.
Another element was added to the
mysterious dlsarnearanoe today by
the discovery that the husband of
rs. Thibeaux had disappeared from
"is home.
Mra Baker, wife at a wealthy grain
broker, diappeared a week ago.
r. Thibeaux. described . as a
young blonde of striking beauty, dis
appeared from her home on Mardl
Grae dav. and Mr. Edmonds, the
w,fe of a well known railroad man of
noell, has been missing for nearly
three weeka
VISITOR FOUND DEAD.
VALD03TA. Go., March 1L F. M.
Leppard of Truntnn a rv wa found
d this morning in a boggy near a
" where ha had bean fishing.
Heart trouble la supposed to have,
the cause? Ha had been visiting
or for tha past few days. :.
NO RECOGNITION IS
ACCORDED UNION
Outcome of the Matter Left in
Doubt by Result of
Day's Meeting.
(By Associated Press.)
PHILADELPHIA, March 11. The
anthracite coal operators met the
committee of hard coal miners In the
Reading terminal building here today
and flatly refused1 to grant the men
any of the demands they laid before
them and at .the same time proposed
to the mine workers that the present
agreement which expires March 21 be
renewed for another term of three
years. This decision, while not tin
expected by the mine workers as they
had long ago learned that the opera1
tors were against making any con
cessions, came as a great disappoint
ment to the men.
When the afternoon session of the
conference adjourned, Thomas L.
Lewis, national president of the Uni
ted Mine Workers of America and his
colleagues filed out of President
Baer's office and went straight to
their hotel with a spirit that was not
as buoyant as that with which -they
entered the conference room.
Tho miners will meef tfve operators
again at 2 o'clock tomorrow after
noon.
Formal Announcement.
Tile formal announcement ot the
refusal of the operators to grant the
demands of the men was contained
In a statement agreed upon oy both
ides. It is as follows:
"The operators decline to accede
to the mine workers' demands. The
chief reason offered for the rejection
was that any Increase, in the cost of
production would - necessitate an ad
vance (n the price of coal and that
such an advance was Impracticable.
The operators said that wages In the
anthracite " mining Indimtrf were a!
ready at a high level and could not
be Increased.
. "The announcement of the opera
tors' position was followed by a free
discussion of the various demands.
each side stating Its views fully In
regard thereto. The operator de
clared their unwillingness to re-open
the eight-hour day question and other
questions passed upon by the anthra
cite strike commiiwion of 1902. They
also declared themselves opposed to
the mine workers' proposition for fl
one year agreement.
Ignore tlie Union.
"They declined to recognize the
United Mine Workers of America,
chiefly on the ground that it was
controlled by bituminous workers.
They said they met Mr. Lewis and
his committee as representatives of
the anthracite mine worker and not
as officers of the union. The opera
tors called upon the report of the
strike commission to support tholr re
fusal to deal with the United Mine
Workers.
"At tht end of the discussion She
operators made the definite propo-
(Continued on pace five.)
FIENO IS
TWENTY
TO I
YEARS FOR
Married Man Who Abused
Twelve Year Old Child
Gets Small Sentence
WIFE WAS AT TRIAL
(By Associated Press.)
TOWSON, Md., March 11 Joseph
M. Janer, of Brooklyn, N. Y., was to
day convicted of felonious assault on
Catherine Loerch, twelve years old,
also of Brooklyn, and sentenced to
twenty-one years in the Maryland
penitentiary, this being the maximum
possible under the particular count
of the Indictment on which conviction
was had. It waa f a evidence that
Janer, early In February, brought the
child to Baltimore representing her to
be his daughter and during two nights
one spent in a disreputable house and
the other In a boarding, repeatedly
subjected her to most brutal ill-treatment.
The prosecution put witnesses
on the stnad to show practically every
move made 'by Janer and the1 child
after their arrival In Baltimore and
physicians gave evidence eonforma
tory of the contention of the state.
Janer went, on the stand In his own
defense and denied his guilt.- Janer's
counsel made a motion for a new
trial but this was subsequently withdrawn-
When sentence waa pro
nounced Janer showed not the slight
est emotion. He was taken imme
diately to the penitentiary In Balti
more. Janer's wife was In court
throughout the trlat
BffS 4&
mm km ixki4
One of 1 4i nor Leader in Omtempt
MYSTERY OF
OF PRIEST UNSOLVED
,.- -traaft",
Police Arresting All Who Had Emhity Against Victim,
But Are No Nearer Solution Than They Were
After the Tragedy
(By Awioolatctl Press.)
NEWARK, N. J., March 11. The
efforts of the entire police force have
o far been unavailing in getting any
tangible clue to the murderers of
Father Anlson who was shot and
killed yesterday In the rectory of St.
Stanislaus Polish Catholic church of,
which he was pastor. 1
Late tonight the police detained
Josephine . Walzowlska, a former j
housekeeper of the stain priest, who1
had visited the rectory to pay a final j
tribute of prayer to her dead master.
and confronted her with the suspects:
now under arrest at police headquar
ters. The woman picked out two '
of the prisoners. Frank Welts and
Thaddeus D. Leeezczynekl, the latter
manager of a Polish publication and
declared on one occasion they had
ntered the rectory of the church ofi
'S FATE RESTS
WITH TWELVE JURYMEN
Killed ITirs Rival, Clajms It,
Was Accident; Oirl Testi
ties
(By Asmx-liited Pros.)
Laurens, S. C, March II. The
case of Cothran PlOson charged with
the murder of his intimate friend,
Thornwell Boyle, In the presence of
a young woman with whom both
young men are said to have been In
fatuated, was given to the Jury late
today. No verdict had been reaclfd
at a late hour tonight.
The defense was that the shooting
was purely accidental. The- state en
deavored to show that jt-alousy in
spired by the fact that Boyca, had
been chosen as the young woman's
partner at supper at the party from
which they were returning when the
shooting occurred, caused Plnson to
shoot with Intent to kill. If not mur
der, the state contended. It was such
gross negligence as to constitute in
voluntary manslaughter.
Principal among the Mate's wit
nesses was Must Evelyn "Brown, a
beautiful young girt, who Is the
"woman In the case." (She occupied
with the two young men the buggy
In which the tragedy wad enacted.
She testified that Pinsos was drunk
and boisterous, that hd ''pulled his
plKtol and said: ,.
"I am going to shoot lke hell.'"
He shot twice to the right of the bug
gy, then held the pistol agamst his
breast and shot, the ball entering the
beck of the bead of Boyce, who was
sitting on Plnson's lap. Boyce did
not take his pistol "from his pocket '
Agnlnwt Judge ruld Injunction.
MURDER
which Father Anlson was pastor in
Patterson and declined to bow to him.
Upon Father Anlson remonwtratlng
with them, for their disrespectful at
titude one of the two men had ex
tended his half closed fist toward the
priest with the gesture of a man
pointing a revolver, and had said:
"We will bow to you like this."
Another development was the ar
rest of Jacob Kekuckl, whom Father
Anlson recently dismissed as sexton
of the Newark church. According to
the police Rekuckl upon Being told
to go had retorted: "If 1 go, you
go too."
The police also took Into custody
three other Poles who sre being held
until they can give an account of
their movements on the morning of
the shooting.
AUTO RACERS RECKON
LIVES CHEAP TO TIE
Cause Death of One Man on
the Road and Got Bruises
Themselves
(By A'-wxHatcd Press.)
Boston, M;i.'s, March 11. Four
teen of twenty automobiles which
left New York at 6:30 o'clock this
morning on an endurance run to
Boston for the Chester I. Campbell
trophy llnislicil on schedule time,
twelve hours later tonight with per
fect scored. The tie will not be run
off, but the holders of the trophy for
tho coming year will be decided by
lot tomorrow night.
One serious accident marred the
run. Aaron V. Wallace wan killed
at Fairfield, Conn., by attempting to
Jump from Ills carriage, his horse
hcomlnr frightened at the automo
biles and running away.
Driver La Croix of cor jto. 2 was
detained at N'-w Haven on a techni
cal charge to await developments. It
being alleged his car was nearest the
ect-ne of the accident at the time.
A car folowlng the competing au
tomobiles turned turtle In Marlboro.
G. B. Blake, of Boston was painfully
bruised. K. H Richards and F. E.
Spooner, both of New York wer"
slightly hurt.
DIED IS SEWER.
Hamilton, O-, March 11. A sewer
trench eight feet deep caved In toda-
burying three men alive. When res
cuers reached the bottom of the sew
er they found the dead bodies of
James Robinson and Alexander How
ard. Thorns Revera waa rescued
alive-but will probably die.
(By Associated I "reus.)
SA8HVILU3, Tenn.. Mar. U.The
fourth day of the arguments In ths
Cooper-Sharp trial for the murder of
former' United States Senator E. W.
Carmack closed tonight with General
Washington, at the defense, in the
mlddla of his argument and two more
attorneys to follow him. At this rate
It ,l doubtful if the case will go to
the jury before Saturday. General
Washington, finished his ninth hour of
argument when court adjourned at t
p. m., and he annuneed that he
would conocluda some time tomor
row." He will be followed by Judge
Anderson, who Is expected to make
the main argument for tha defense.
Then Attorney General McCarn will
close for the state. Judge Anderson
says he will require about six or eight
hour tor his speech while MoCarn
declares that four hours will do him. .
TtckUsh Ground.
Judge Hart today again requested
the, attorneys to submit Instructions
for the charge and complained thai
they were slow about complying.
General Washington's argument to
days was brilliant in word painting,
metaphors, appeal and Invective. He
made savage attacks upon the state's
counsel and singled out ' Attorney
General J. B. Garner as his special
victim. Garner Is reputed to have
nearly as fiery a temper as has Wash
Ington so counsel for the siata In
sisted upon Garner's, withdrawing
from the room during Washington's
address. .
The speaker laid special stress upon
tha social standing and breeding of
the defendants and declare that men
of such families killed only In defense
of life or honor, His speech was a
maaterplsea of oratory and had a
noticeable effect upom tha jury.
, General Washington, speaking of
the effect of the Carmack editorials
said: "When a man of national .repu
tation emblotons his name at tha.
head of ths paper, then people rW
read and believe," Ha said that men!
with any red blood in their ' velna
would resent having their names put
on the same paga with tha name of
a horse thief or a con vlet, , , 1
' - WHliln Mla-gliaB'w4i
"Of the editorial of October ft
mentioning Cooper's name with oth
ers," General Washington' vigorously
explained that two of the "honor-
ables" names were disreputables and
that when Carmack associated Col
onel Cooper's name with theirs, ho
committed the gravest offense a man
could commit and affronted and In-
CHURCH SPLITS OVER
THE QUESTION OF VOTE
OR WIFICATION
Factions in Knoxville House
of Worship Are Haled
to Court to Explain
MEMBER FIRED OUT
(By Associated Press.)
Knoxville, Tenn., Miirch 11 War
rants galore have been sworn out be
fore a Justice of the peace as a re
sult of a light at Kton Lutheran
church In the twenty-first district of
this county.
Recorder J C. Miller. of Park
City, a suburb of noxvllle, acts as
preacher at Zlon church, and started
l gal proceedings by swearing out a
warrant for Hoi McCammon on the
charge of disturbing public worship.
McCammon was forcibly ejected from
the church. Preliminary hearings
have been waived and the trouble
has, therefore, not ben aired before
the Justices.
It seems that there has been a
split in the church for years. Dome
kay It is on the question of sanctifi
cation, while others claim that the
cause of the latest trouble was a dis
pute over who were entitled to vote '
In a church election. McCammon
seemed to be the leader of one fac- ,
tlon and the preacher of another. '
They were the principals In a physical
encounter In which McCammon was
ejected from the church. Several of
the adherents of each are said to ,
have taken part in the fight and de- i
velopments were lively for a time. ,
3
WASHINGTON', - March 11 Fore
cast for North Carolina: Rain Friday
and Saturday; jjuxlwata east winds,.
MR ATM A
I sJ. Uka .GgK
1 saw 'm
suited Cooper beyond endurance, ' H
said he agreed that no editorial aver
written justified killing, but that ha
was trying to show that Colonel Cosp-
era anger was aroused. '
"We contend," said Washington,
"that Colonel Cooper had as much
right on Seventh avtnua that day a
Carmack had. He had as much right
to turn around and walk towards
Carmack as Carmack hadto walk to
ward him. And dplonel Cooper had
a right to go up to Carmack and de
mand that these filthy attacks upon
him ba stopped. "
Reduced Rank-Insulting.
"You can drive a man Insane with
ridicule," said Washington, "You can
send a man's son into 4 frensy by
ridicule. Carmack refers to Colonel
Cooper as 'major'; when hs wrote to
Colonel Cooper as a friend he called
him 'colonel'. When he wants to In-
suit and degrade him he calls him
'major.' It was a gratuitous Insult."
"May be Colonel Cooper did say
to Craig, 'it my name appears again
In The Tennesseean, one of us must
die,' or the town will not be bit
enough for both of us. They bath
mean the same. ' The words ' wero
spoken in a passion and were not
meant and no one aver believed they
were. But Craig comes back and
ays; 'Colonel, I an do nothing.' The
silence after that phrase, "Colonel, 1
can do nothing,' told more than all
of the words In the world. . - i
The epithets used Included the
moat vile that one man can apply to
another. " ''
General Washlnnton next devoted
half an hour to a burlesque Imitation
of General Garner's cross-examination
of wltnessea, Ha compared Oar
ner to a bee martin pecking at a
great eagle tha eagle, he said was
John Sharp.. '
woman Lied Honor!
tneral Washington attacked Miss
Im'i testimony and extolled General
Brown and. Judge Bradford, -
"Oh. what has become of tha men
of honor of Nashville of the old gal
lant blood, thn-attempts should be
made to discredit such mta s Brad
ford and Brown; than whom no more
honorable, better bred vr llvad.
'"Comentlnr Wwth-etae failure to
cross-examine ' Governor Patterson,
Washington saldi "The state didn't
dare. Kven the bee martin would not
try."
General Washington then went
bark to the morning of ths tragedy
and started In on the early morning
(Continued sn saga feur.)
MEYER WILL OOEY L
AND RESTORE MARINES
ABOAROJHE WARSHIPS
Naval Appropriation Bill
Held Up by Act Until
This is Done
SEEKS LEGAL ADVICE
(By Associated Press.)
WASHINGTON, March 11. Ths
restoration of marines aboard ships
of war was again the subject fit dis
cussion at the navy department today.
Secretary Meyer declared that he had
no other Intention than to obey both
the letter and the spirit of the law
under which the appropriations for
the navy are to he withheld until the
marines are given sea duty. That
low does not become operative until
July 1 next and the secretary ex
plained that his only dearlre In referr
ing the question to the attorney gen
eral to determine Its constitutionality
was In order that there might be no
difficulty In the comptroller's office.
Already steps haVe' been taken look
ing to the distribution of the marines
among various ships, but the depart
ment wanted to know first of all of
there was any obstacle and for that
reason the opinion of the attorney
general had been requested, the sec
retary said.
In order that no misapprehension
may exist reagardlng the amount of
repairs needed by the vessels of the
Atlantic fleet, which recently returned
from' its trip around the world. Sec
retary Meyer today Issued a state
ment In which he says that the re
pairs which will be made are less
than was anticipated. The statement
Is tut follows:
"The extension of time for the
completion of work on vessels of the
Atlantic fleet from May It to June
IS as announced on March (, Is not
for the purpose of additional repairs,
for the amount of repairs required
by the ships has been found to be
less than was anticipated and they
could easily have been completed by
May It or even earlier. Tha exten
sion of time waa to enable two new
eagre masts to be Installed aboard
shlpa read for tha fall target prac
tle ' ) 1, . IJw'Jal-
CONSTANT NACCINQ
AND BICKERINO DONE
nms First Official ; Act ;ho;
Shows His Peaceful . .
... Intentions
' (apsofat ts The eitisem) ' .
Washington, March: U. it's early
yet, of course, to indulge In' predkc
tlons, hut there Is every Indication
that President Taft and congress are,
going to get along with a great deaf
less friction than marked the Inter-,
course of his predecessor with tha
legislative branch. Congress 1 mighty
anxious to be on rood terms with tha
executive, and Mr, Taft' ia displaying
almost equal anxiety to keep tha n
tlortnl legislature tn good humor.
. Since Inauguration there Use been
a continuous stnVam of congressional
vallers at the white house, and d '
parting they all appeared perfectly
delighted with the reception which)
had bn accorded them. Uttdoubt
ediy Mr. Taft has a batter acquaint
twnce with congress, Its needs and
methods, ! than, any, other president
who had not served In one or the;
houses of that body, His long eervlca
In Washington as a member of tha
cabinet, calling for frequent appear.
nraa before congressional commit
teed, had given him a wide acquain
tance with senators and representor
tlvrs, and having tield Important of
flee under both the McKlnley and
Roosevelt administrations he had op
portimtrty to discover that It was'
sailer to lead than to drive the. law
making body.
1 (stickler for Law, ,
Moreover, Mr. Taft being a stinkier
for the constitution, there Isn't likely
to be much heard during the next:
four years of executive encroachment
on teg Illative functions, " Those whix
have : Mr. Taft's confidence predict
that hs will make no effort tu drlva
congress, but that ' when congress
falls to 'da tli. thfima haJHIuks it
ought to do, thd president will make
the Issue clear and easy to . under
stand and then leave It to thd oun
try to do any driving which may ba
needed. There Is one thing the new
president la resolved upon. He will
not play politics with congress nor
use patronage for ths purpose of
purchasing legislation.
PASTOR JUGGLED WITH
FINANCE AND LEAVES .
PARISHJMBARRASSED
Borrowed to the Extent of
$150,000 and Now Car
dinal Must Pay Debt "
UNBALANCED IN MIND
(Br Assorlatrd Press.)
Baltimore. March 11, The rev.
elatlons published today concerning
the financial ventures of the Iter.
CMper p, Elbert, recently removed
from the rectorship of St. Katherlne'f
church, this city, have caused a pro ;
found sensation. The deepest rym
pathy Is expressed for Cardinal Orb
bons who has assumed the burden of
paying Father Ktbert's debts. These
obligations so far as disclosed by tha
Investigation Into the- priest's affairs
smount to about 1130,000 exclusive of
a church debt of 121,000, They were
Issued In large numbers to banks andl
Individuals In amounts ranging; from
11.000 to 110.000 and were all signed
by him as pastor of 'St, Katharine's
church. He had life Insurance to tha
extent of $70,000 but had borrowed
heavily on his policies and upon every
side he plunged heavily Into debt.
According to an official statement
from Cardinal Gibbons very little of
the money raised by father Elbert
was used Cor church purposes, "Soma
of It went." he sat 'a "to par Pre
miums on life and accident Insurance.
The balance went Into visionary fi
nancial schemes by which he expected
to realize targe profits. There Is us
Indication that the money waa spent
for any Improper purposes."
Father Elbert Is now In a sanitar
ium "believed by persons wtio tiara
been Investigating his affairs, to bs)
mentally unbalanced, , '
ABSCONDER SHIPS 1
COUNTY BOOKS BACK
(By Associated Press.) '
MONTGOMERT, Ala., March ll.
J. M. Lammons, superintendent at ed
ucation of Geneva county, who dis
appeared last week Is believed to havs
left the boundaries of the United
States with an alleged shortage tn his
accounts said to approximate t.000w
His books were shipped back by ex
press from Port Tampn. Fla-, and if
Is believed that he and his family
sailed from there to come southt
American port. , i .