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.