THE JtSHEMLLE CITIZEN. THE WEATHER BAIN. Associated Press Leased Wire Reports. yOL. XXV. NO. 144. ASIIEVILLE, N. C, SATURDAY MORNING, MARCH 13, 1909: PRICE FIVE, CENTS. SCABGITY OF THE TES OF THE DEFENSE TRAINING HEAVIEST GUNS ON F ANDREW CARNEGIE. A rhlUnhroUt Whose Reaefaetlau are aaewa the World Over. REAL ARTICLE FOR L J "WrViJ.7T-'- STATE WITNESSES ARE YET HOPEFUL 4 . r!ys? WY1IX0FS5 Judge Anderson Begins Closing Such Is Now The Startling In Bellve That the Extra Session Last Days of the Legislature Argument Before CrowdedSes sion Of Courtln Cooper Trial. telllgence by Way of Washington Will Enact Measure Into Law Hit Automobillsts One Hard Jolt A oieso BUBBLE SAVINGS BANK RIL ICONS FACING A DIPLOMATIC JOB PRESIDENT TAFT NOT IN A HURRY Diplomatic Appointments Past Years Leave Their Effect. (Special to Tha Cltlzsn.) WASHINGTON. March 12. A re ally shocking disclosure of the Tart administration is that there exists a scarcity of men available for diplo matic appointments. There are plen ty of men splendidly equipped as to ability and character who would be willing to accept diplomatic poeti but they are too poor. There are plenty of men who have all the mon ey needed but. oh, well! The difti culty Is In finding; the combination of ability, character and money with an ambition to serve the country abroad Taking Hts Time. President Taft Isn't going- to make any diplomatic appointments just now. That' has been authoritatively announced. later on he would like to make a pretty general cleaning up of th diplomatic corps, putting new mien at the head of most of the Important embassies and legations. The only thing that will stop him wilt be a scarcity of material. Mr. Taft Is going to"1e Just as partic ular about diplomatic appointments as he is about appointments to the Judiciary. He had a long experience on the bench, and likewise he has had no Inconsiderable diplomatic ex perience having during his cabinet clays been American ambassador to about all the world, including the pope of Rome. lipft Effects. It Isn't the fault of American citl senship that diplomatic material is scarce. There are as many or more men qualified today for diplomacy than ever before. TJie fault has been with the diplomatic appointments of the past, ton ..years There has been no fault' to find with the ability and character of the men appointed. The difficulty has been that they had too much money, or, rather, that they spent too much money. The idea spread through the corps that the interests of the American republic could best be served by elaborate hospitality. There fs no doubt that in some instances this helped; In oth ers It hurt. More to the point, though It has established a scale of living for our representatives abroad which requires an independent fortune, and (Continued on page five.) "Cf SEYMOUR KICKED OUT FROM THE GIANTS' BILL TEnMFOR FIGHTING Jumped on Arlie Latham, Coach of the Team, f or Unknown Cause, KNOCKED IIIM DOWN (By Associated Press.) ST. LOUIS, Mo., March 12. A post despatch special from Marllna, Texas, says: "Cy". Stymour was dis charged by Manager McGraw today following an encounter between Sey mour and Arlic Latham, coach of the team. Seymour met Latham In the hall leading from their rooms to the ele vator, knocked him down, and then bit him ort the cheek, according to the special. McGraw was a witness to the affair and Immediately order ed Seymour discharged. Seymour would hte nothing to say and La tham declares that he does not know for what reason he was attacked. McGraw says that he and Latham had Just dressed and had started for the elevator. Latham was behind and Seymour came up to him. Mc Graw says he heard Seymour say: "Why, I'll give you a punch In the Jaw" in another moment Latham had been knocked down and Seymour Jumped on top of him and bit him. "I'll fight him In the park" La tham said, as he reached the hotel desk. "No you won't" replied Mc Graw. "Seymour will be barfed from he park as weu as the hotel and the club." Later McGraw said - Seymour la done with the New Tork club and that goes. It was the orst "thing I ever saw pulled off. Nothing like that can go on the New York club." IAW CONSTITUTIONAL. (Br Asnclatl Pre.) N'EW YORK, March 11. The con tltutknality of the public service commission law was sustained by a unanimous decMoa 'of the appelate division f the supreme court render- NEEDED TO FILL UP TIME IN CONGRESS Those Jnterested Say Savings Bill Has the Right of Way. (By Sheldon 8. Clino.) - WASHINGTON, March 12. Friends of. the postal savings bank bill now believed that measure will be enacted into law at th extra ses sion of congress which President Taft has called to convene March 15. De spite the advice of Mr. Taft that noth ing be undertaken at the extra session except tariff legislation there Is strong ncllnation among the leaders in congress to take it and dispose of other measures which are pressing for action, and the postal savings bank bill Is one of the matters which will have the right of way. Not Only Tariff. The argument is advanced that there la no good reason why the ex tra session "should be confined exclu sively to trie tariff. Under the con stitution, tariff legislation must orig inate in the house. It Is expected to ibe a month or six weeks before the house has pessed the bill and sent It to the senate. During this month or six weeks, If no other matters were taken up, there would be nothing for the senate to do except meet every third day and adjourn. Senators can see no good reason why, while they are waiting- for the house to send over the tariff bill, they should not be busy with other matters. As the senate is a continuous body its com mittees hold over from, one congress to another, and except to fill such vacancies as may exist there Is no necessity of re-organisation. Long Delay. After the house passes the tariff bill the measure will spend another rqonth or six weeks or longer In the senate, and during that time it will be necessary that the house convene at east every Jhlrd day. Why should this time not be Improved by consid ering matters which the senate had considered while the house was talk Ing tariff? There doesn't seem any good reason why It should not, pro vided always that tjho consideration f other matters does not interfere with the progress of the tariff bill That Is all that President Taft or any one else asks. Business demands that the tariff bill be placed at the earliest possible day. If this is done no one objects to seeing congress work as hard as It will. CONFERENCE COMES TO ENO WITHOUT GETTING TO ANY FIXED PUCE Still the Hope Exists That No Radical Action Will be Taken ANOTHER MEETING (By Associated Presi.) PHILADELPHIA, March 12. The conference between the sub-committees of the anthracite mine workers and operators to arrange a new agreement to go into effect at the expiration of the present working ar rangement came to an end late thin afternoon without result. While the prospects are not as 'bright as they were for a peaceful settlement there is stilf hope that radical action by either side will be avoided. The ex ecutive boards will tomorrow lnsue a call for a convention of the miners ot the three anthracite districts to be held In one of the raining towns for the purpose of considering plans for further action and then will follow another conference with tlie opera tors before March 31. The counter proposition of the mining companies to renew the present agreement for another term of three years will he plated before the convention by th executive boards of the workmen. National President Lewis, of ths union, said after today's rne.e;mg that the suggestion for another conference came from the operators. There .was but one session of the sub-commrttee today and It lasted from 2 p. m. to 5 p. m. Mr. Lewis did most Of the talking for tt"t men at today's session, while all the operators on the ' commlu except President Baer of the' Reading company took part ln' the general discussion. ,. Mr, BaeT was ill and left the conference before it adjourned. Mho has astonished the c aptaim3 of industry by fa voring a tariff commission. j PINSON GETS FOR KILLING HIS FRIEND Guilty of Manslaughter With Recommendation to Mercy Is Verdict of Jury After An Unusually Long Sitting. (Ily Associated Prrss.) LAURF.NS, S. C. March 12. Judge Prince thin afternoon senten ced Wude IMnson to two yearn In the penitentiary for the killing of Thorn well Boyee last November. Guilty of nuinsluughter with a re commendation to mercy was tbe ver- rlct returned by the jury In the case of Wade Cochran Pinxon charged with kllliiiK bis intimate friend, Thornwell l!oye. The Jury had been out all nlsht, Its deliberation eciipy- lng sixteen and a half hours. Counsel for the defense gave notice of a mo tion for a new trial. Plnson was In court and -eiricd unmoved by tbe wrdlct. The jury reached agreement only a few minutes before it report T0 18 YEARSJN THE PEN Young North Carolina In ventor Found (Unity of Manslaught by Jury. (Hy Associated Pre-.) NEW Y'lrtK. March 12. John C. Lumsdcn, the young North Carolina inventor, who was convk-icd ot man slaughter In the first ! gree on the charge of killing Harry IJ. Suydam, a broker, was today sentenced In the court of general sessions to not less than eighteen years nor more than nineteen years and six months in state prison. The broker was shot and killed In his office on December 13 last, after an aJtercatlon with Lums den over money matter, Lumsden claiming that the broker owed him 11,200 on some notes. RM'K AI t.K.W r KT. FITZOEP.ALD. Ga March 1?. - Veterans in gray and veterans in blue marched side by side in parade at the fourth national united encampment of veterans of the north and south to day. There was speech-making this fternoon with Judge O, 8. Doming, of Warren, Ohio, on the program. 1 1 . TWO YEARS ed. Pinson shut Iloyce on November 6, last. Hoyee had taken supper with Miss Kvelyn Brown, a ht-nutlful young wonuin, with whom Plnnon was lufatiiMteil Plnson's Invitation to take supper with him hud been re fused by the Kirl and later when nil three were driving in a buggy, Hoyee jsltllng on I'ln on's lap, the shooting loccured. Tlie prosecution claimed the ! tragedy wns caused by Jealousy. In- flamed by ll pior, and the defense I claimed the sliooting was accidental, i Plnson Is released on a bond of l - 000 signed b. his futher and unci". The nppeal will be nude to the liiKb , er court on Ho- ground of error In j the ruliriKS md charges of the pre- Itlg Judge. SCHOONER ANN TRIOR Officers Tell of Stnitftfb' to Keep Crew from DckciI iug Disable 8bip (By Associated Press.) NEW YORK, March 12. With only her foremast left standing above her decks. the former three-masted schooner Ann J. Tralnor, of Philadel phia, from Norfolk for New York, was towed Into this harbor early to day after having been partly dismast ed In a gale of wind off Atlantic City. Captain ! rrlckson said that after his vessel was dismasted and he was compelled to head her off shore his crew of Portuguese and negro sailors became so brolly frightened that they begged to he put on board some of the steamers that spoke to the ship wrecked vessel and that one of the sailors threatened him with a knife. The mate cowed them with a display of his revolver and the captain talked to them as though they were hables, Kw-ry time a steamer came along, the captain said the rew would line up at the rail and rait out requests to e taken off. and Captain terrk;kon was unable to sleep much because of his fear that the crew would abandon the vessel or run ber ashore. 1 (Ily Associated Press,) NASHVILLE. Tenn , March 13. The slxteen-lnch gun of the defense's batteries was trained upon the state today with telling effect when Judge James McKerrun Anderson began his argument In the trial of Col. IX B. and Hobin Coojicr and John I). Hharp for the murder of former United Btaio Senator K. V. Carmack. Judge An derson, who is considered the ablest criminal lawyer in the state, Is chief counsel for the defense. Strangely enough he was a close personal friend and political supporter of Senator Cur mack. Although In bad health and worn with the strain of ten weeks of active work his speech, today instead of dimming his reputation has added only luster to It. Ho claimed that Colonel Cooper after having been assailed In print and upon the platform, had a right to seek out his dufamcr any place he might find him and demand that these as' saults stop. He claimed further that Robin had a right to go with his father and that both of them had a right to go armed for their protection If they believed that their protesta tions and demands would lead to an assault upon them. 1'latms Heir Drronsct. Judge Anderson declared that this was the law, that he quoted It merely to show how strongly the courts pro tect the right of self-defensn and to make manifest Robin Cooper'a reluct ance to shoot until ha had himself been shot. An Immense throng gathered to hear Judge Anderson, but splendid order waa maintained. The speaker grew very weak about 4. B0 p. m and asked a continuance until tomorrow when he will close the defense's case. He will be followed by Attorney Gen eral McCarn. who will close for the staie, and after the Judge's charge, the case will go to the jury. When court opened General Wash ington began the conclusion of his ar gument. Opening with reference to the attacks on Bradford he said: "These hungry, starving lawyer for the nroeecutlon, hungry and starrng for facts, would have you believe that this snlendid lawyer, thlg Christian gentleman, this scion of ait aristo cratic old family suddenly became a raging he-devll." Ho then passed to a defense of Oen eral Tully Brown and after reciting the hitter's war record said: "1 tell you Brown Is as much a hero as Hobson was. Vet they say he lied." Again Attacks Woman. Washington then made an attack upon the testimony of Miss Lee, In dulging in mimicry, which brought a laugh from the crowd lined up be hind the defendants, previously re ferred to by Attorney General Me llaril as the "defendants' rooters." Washington concluded at 11.15 a. m having spoken eleven hour and Judge Anderson then began the fifteen mlnrtes. El FLEET OF GREAT BATTLESHIPS New Naval Est iinatc Pro vides For Moro Than Thirty War Dops WHO TH KIIK AFTER? (Ily Amk Ittlcil It-ovs.) I.ONKON. March 12. The eagerly aayaitcd Ifritith naval estimates about which there has be n so much contrn Vf rny Irmlde nd outnlde of the cahlm t, were Issued thiM evening. A com promise won the day. for the esti mates provide for a total expenditure f 1 7r,,7 1 3.500. and Increase of ,14- lldiOO over the cntlmate of l0S-0:i. The new building program provides for four Dreadnaughts, six protected cruisers, twenty torpedo boat destroy ers and a number of submarines, the latter to cost S5.O0u,O0. The first lord of admiralty adds that In addition to the foregoing program the government may in the course of the fiscal year find It necessary to mnke preparation for the rapid con struction of four more largo armored ships to be commenced April 1, 19 i!t. The government therefore asks par liament for powers to enable them to be prepared to lay down on April 1. 1910. additional ships which can be completed In March, 112. JOIl FOR COSE. WASIIINCTO.V, March 12. Lieu tenant Commander Hutchinson I. rone has been appointed head of the bureau of steam engineering of tlie navy, with the rank ana pay or rear admiral. He especially distinguished himself hy ssfely taking the torpedo boat flotilla from Newport News tJ Ban Francisco. He said In opening: "The deceased was a great man, United1 Htates senator and a man of national prominence. The defendants are known all over the state. Sena tor earmark had the same right to live that the humblest cltlsen had t live, no more and no less. And Robin Cooper had the same right to kill Carmack as the poorest and humblest cltlxen of the state had to kill a man in self-defense. And that la why the case Is a great one." Anderson touched tactfully upon the attacks made by the state upon the credibility of certain, witnesses for the defense, "I heard during this trial something I never herd before In a court of Justice. I heard the lawyer for the state charge General Meeka with wilfully falsifying the record (loud Man Mc"k. He said Meeka would not do such a thing. He then referred to the occa sion when General Garner quoted from the testimony of Governor Put terson which the court excluded, add. ing: "I am going to be more charitaWs to General Garner than he waa to General Mocks and say I believe he was mistaken, "And General Garner says, too, that we say Mrs. Kaatman lied. You know that Is false. There Is no man on the defense who would be guilty of such ungontlemanly and unethical conduct. "The state cannot dispute," he eald, "that Carmack had a revolver secured tram Major Vertresa, that he had It at the moment of his meeting With the Coopers, that he drew that revolver and that he fired It. No one can suy that Carmack had right to draw or fire that pistol. The stats Insin uates than aa honorable and honest young man, a retired army officer, tampered wth the Carmack revolver or substituted discharged sheila for loaded ones. I will prove to you that Senator Carmack brought on the Alt' Acuity that ended In hl death." Ncouta Conspiracy. . . Judge Anderson scouted tha on piracy theory. Ma said he would not Insult the intelligence of the. Jury hy arguing that the meeting ort Heventh avenue on that fatal day was other than accidental, He declared that Col onel Cooper had a right to cross the street and address Carmack, "The Interpretation you put upon Colonel Cooper's action depends upon his character and his purpose In going over there, not upon the fact thBt he did not go over there. If Robin Coop er had gone over there and struck Senator Carmack with his fist and If after being struck Senator Carmack had drawn a revolver, Hobln Cooper would have had a legal and moral right to kill Carmack. That, gentle men, Is the law of this stute. To Mrs. Kastnuiii. Judge Anderson then tuumed his attention to Mrs. Kastmnn's testimony (Continued en aege seven.) BUSINESS BLOCK GUTTED OK FIBE IISPUTilBQRC Property Lohh $C"w,(HX. Five Firemen and Wol'f ard Student Injured. (Ily AmmmIiiKmI Vvvim.) HPAflTANMITHO, H. C March 12. Property valued at $15,000 was des troyed by lire, and live firemen and one Wofford college student were In Jured by falling walls. In a (Ire which completely gulted hnlf the Cli vebuid building at Knst Main and Church streets tonight. Kor a time the ftrn threatened to spread and become a d nacrous con flagration, but was checked by a double tire wull lielweli the Cleveland building and the Hank of Spartan burg. A drizzling rain also aldd the liromen. Tbe main loser are ms follows: J II. and J. F. 'b velund, owners of the building, Harry I'rlce Clothing company and It. 1.. Howden. dry goods. The building was fully In sured and the stocks at about half their value. Carliis Moseley. of fiurens, a stu dent st Wofford, wns the most seri ously Injured, being rendered uncon scious. w uivnTdV. March 1J. Fore- e for North Carolina: Bain Satur day and Sunday; moderate cast wind. final argument for the defense. ssfir ifli.wiu-5 ALL COUNTIES BUT ONE INCLUDED Hanover. For Some UnKnown Reason. Is the Favored Section. (peelsl to The Cltten.) HALKIOH, March It, -North Car olina's new law for the regulation of automobiles, passed In the. last dart or the legislative session audi appli cable to all the counties except Naw Hanover on and after July 1, la one of wide Interests It Imposes a license or registration tag of 16 on each owner'of an automobile, annual re newals to entail a fee of II. Tha county In which the owner uvea la to receive IS of the Initial 5 pay ment for the benefit of tha road fund, the secretary of tha state being re quired to certify this proposition of the fund to tha clerk of the county court. The act required that the metal registration tag he carried eon iplcuously on tha machine and tha registry nuntber suspended under trie rear, flpeed Is limited tor If mile an hour on rural roade and twelve miles In Incorporated towns exoept tn bi.fiiness portions where eight! mllea la the limit. 'There art regulations to precaution in passing fiightuied horses and a lot or machinery in a tail for the application of the law. Violators are -punlshsjble by line or imprisonment and tha third offenaa In addition to any other puisnment forfeits the registration certificate and the right of tha offended to operaU . a motor car In tha state. , Whm InbnsnM PettlsTSW Chanter. n.nKhinn nt the. Confederacy hera adopted today a resolution protesting against tn onering oi any mors pr ea to northern- collet for nistorlcal K..IVI 'on civil war aufcleota thli ac tion being eltelted tha reoent un pleasant developments in connection with the service of Dr. B. A. Alder man., prealdont of tfta University of Virginia mm a illdM Of SSSSVS Of thlS Character on tha "Career and person- Sllty of General Robert B. ta.w Tha adoption of the resolution waa unan imous In a very largely attended meeting. ' ' Woman Hangs It creel f. " While the attendanf was away for a few minute to ahow a carpenter about some repairs to be don In tha ; ward at the stat. hospital tor th In. sane here Mrs, Elisabeth Canady managed to 'hang herself by tearing a sheet In stripe and throwing tha loop tied about her neck over tha door and then Jumping front th "bed, Hhe .' had been melancholy for several day but win not thought to In audi , desperate stale of Blind. COMPROMISE 111 THE PRESENTDISTURBANCE Cannon Will Be RcElectcd Speaker But Will Have Wings Clipped. HKBEL8 GET A SHOW. (Ily Associated Press.) WASHINGTON, March 12. Three Important development oo curred today In the Insurrection against the adoption In the house ot the rules of the sixtieth congress to govern the Incoming congress. A compromise, fathered by Ben. stor Cummins ot lows and presented to the regulars by President Taft failed to unite the repirbllcan mem bers. What was pronounced a sat isfactory working agreement waa en tered Into by the republican "Insur gents" and the democrat. Tfle nam of Theodore Roosevelt was Introduced as "tnstirgcnt" sympathiser. The compromise waa on that thg "Insurgents" have had undr conald- . eration evr since the report be cam current that President Taft desired a postponement of a fight on th rule lest it might delay 4UJ &flags of aj tariff Irfii. It provided for th reelec- : tlon of Bpeaker Cannon and th adoption of the rules of the .sixtieth' congress for the special aeaalon. After the organlE&tfpn -of tn ioua en Monday It waa provided that res olution should be issued authorising a committee of fifteen .to Investigate the rules and report on proposed ' changes In the regular aeaalon, sion In December. It waa proposed that the "Insurgents" should be al lowed to name four of their number for the committee. the . democrat six, and the regular five. The latter five were to be Representatives Mann of Illinois, Currier of New Hamp shire., Kelfer of Ohio. Smith of Iowa, and Stevenson of Minnesota.