THE WEATHER
' FAIR
VOL. XXV. NO. 149.
NEW TARIFF BILL
IS INTRODUCED IN
THE LOWER HO USE
Makes Several
Popular Demand for Lower
Duties.
Aunclated Press.)
WASHINGTON. March 17. The
Jong awaited tariff bill was presentea
u ha hniiiA nf renresentatlves todav
by Representative Sereno E. Payne, of
New Torh, chairman or me ways ana
maana committee. An Increase of
no nan (ton to ISO. 000. 000 in the an
nual revenue of the country will, it is
estimated, result from the changes
proposed, making a total of about
1800,000,000.
The bill contemplates downward re
..i.u. nrith minimum and minimum
provisions which impose an average
maximum OUiy or twenty per cnii in
excess of the present tariff. The rec
ommendations made by President Taft
that an inheritance tax be provided
and that a limited amount of tobac
co and sugar be admitted free from
the Philippines are Included in the
bill. The measure also provides for
the Issuance of Panama canal bonds
to the amount of $40,000,00 to reim
burse the treasury for the original
purchase of the canal and re-enacts
the provision for the Issue of treasury
certificates, the amount being increas
ed from $100,000,000 to $250,000,000.
The bill was referred to committee.
Some Striking Features.
Some of the salient features of the
bill follows:
An additional duty of one cent per
yard Is placed on mercerized cotton
fabrics, with a small additional duty
on lappets and an increased duty on
stockings fashioned and shaped whol
ly or In part on knitting machines.
Coffee Is on the free list; tea is taxed
eight cents per pound, and nine cents
when brought in from other than the
producing country.
Iron ore is on the free list, a reduc
tion from the present rate of forty
cents a ton. The duties on manufac
tures of iron and steel are materially
reduced. Tin plate and steel rails are
reduced.
Hides are on the free list and dutlea
on manufactured leather reduced; and
shoes reduced forty per cent.
Lumber and timber duties are cut la
half.
An inheritance tax is provided, esti
mated to bring in $20,000,000. "
Free Trade With Philippines.
There is to be reciprocal free trade
with the Philippines, with a limitation
on the amount of sugar and tobacco
annually to be Imported. Reciprocity
with Cuba continues.
The internal revenue tax on cigar
ettes Is Increased from $3 to $3.60,
and from $1.00 to $1.50 per thous
and. Beer and whiskey are not
touched.
Nails, wire, hardware, tools, etc., are
reduced.
The cheaper grades of wool are re
duced. L!
RELATIONS WHO CAME
TO HIS ASSISTANCE
Refuses All Overtures of His
Brother and Sister For
Peace
HOMICIDE IS CLOSED
(By AsswIaUHl Press.)
CHARLOTTESVILLE, Va., March
17. No further investigation In the
tragedy which occurred last Monday
evening at "Merry Mills," resulting
In the death of John Gillard, an Eng
lishman, is contemplated by the au
thorities. The coroner's verdict, com
pletely exhonerating John Armstrong
Chaloner who was scufflling with
Oillard In defense of the latter's wife
when the fatal shot was accidentally
tired, was filed this morning with the
county clerk and commonwealth's
attorney, Micajah Wood, said tonight
that there was no probability of any
further action being taken.
OiUard's funeral toolt place today
at Cobham, at Grace Episcopal
church, of which Chaloner Is a mem
ber. The burial service was conduct
ed by Frederick Mills who was a
member of the coroner's Jury, as the
church Is now without a rector.
Neither Chaloner, the victim s children
nor Mrs. Gillard attended the funeral,
the latter being unable to do so on
account of the severe Injuries she re
ceived at the hands of her husband.
6he Is now under the care of Dr.
Mann Page, another member of the
coroner's panel.
Chaloner Paid Expenses.
Though he was not present him
eelf, Chaloner paid all the funeral
expenses and his team bore the body
to the church from "Merry Mills."
There It had remained from the time
of the tragedy until this morning.
Several of his employes followed the
cortege to the church. The Interment
took place in the little church yard
and waa witnessed only by a handful
of people, residents of the neighbor
tiood. '
Considerable Interest is manifested
hers as to the probability of a recon
ciliation being affected between Chal
oner and his brother and sister, Rob-
THE
Concessions to
Tallow, cotton seed oil and works
of art more than twenty years old
are placed on the free list.
The pottery schedule remains about
the same, but the duties on window
and plate glass of the smaller sizes
are increased, while the duties on the
'arger size are reduced.
The tariff on wool of the first and
second class, used principally In cloth.
ing, is not disturbed, but on wool of
the third class, known as camet wool
it Is reduced also on the cheaper
grades. The recommendation for plac
ing wood pulp on the free list and
reducing the duties on print paper
with certain restrictions, made by the
Mann committee of the house, are In
corporated In the bill.
The duty on refined sugar Is re
duced five one-hundredths of a cent
a pound and on dextrin, one-half
cent a pound. A reduction of one
cent a pound is also made In the
duty on starch, with the exceDtion
of potato starch. Zinc ore is assessed
one cent per pound for the zinc con
tained. The tariff on pig Iron Is re
duced from $4 to $2.50 per ton.
Collateral Inheritance Tax.
The principal increases are made In
the duties on lemons, coca and sub
stitutes for coffee, coal tar dyes,
gloves and coated papers and 11th
graphlc prints.
The new tariff bill is made on a
maximum and minimum basis, with
the provision that the mlximum rates
are not to go Into effect until sixty
days after the passage of the bill.
Reciprocity provisions are contained
In the paragraphs assessing duties on
bituminous coal and coke, and agri
cultural Implements, by which these
articles are given entry free of duty
when Imported from countries which
permit the free importation of these
articles from America.
The Inheritance tax provision of
the bill is similar to the New York
state law. It provides a tax of five
per cent on all inheritances over
$600 that are collateral inheritances
or in which strangers are the lega
tees. In cases of direct inheritance
the taxes prescribed are: On the
$10,000 to $100,000, one per cent; on
$100,000 to $500,000, two per cent;
and on those over $500,000, three per
cent. It Is estimated that $20,000-
000 annually will be derived from
this tax.
To Abolish Agreements.
The maximum and minimum pro
vision of the bill docs away with the
necessity of continuing the foreign
rade agreements. The abrogation ol
these Is provided for In a section
which authorizes the president to is
sue notices of the termination of these
ii.riririr.rir.-.- ......... mmmt
(Continued on page Kour)
GOVERNMENT HAS THE
CUBAN REVOLT UNDER
COMPLETE CONTROL
Insurgents, 100 or More in
Number Surrounded and
Leader Dead
ASKS FOR CLEMENCY
(By Associated Press.)
HAVANA, March 17. The Indica
tions tonight are that the government
Is now In a fair way to crush promptly
the Incipient revolution which broke
out In the province of Santa Clara
Monday night. After withholding
news of the trouble all day. the palace
officials tonight announced that the
father of two of the members of the
band headed by .Sergeant Cortes, nf
the rural guard, had visited General
Monteaguedo, chief of the guard at
Camajauunl and told him that the In
surgents Implored the clemetucy of
the government and were anxious to
surrender on the promise that their
lives would be spared. General Mon
teaguedo, accompanied by a strong
escort, thereupon started for the in
surgent camp. The general expected
to receive their surrender before
morning.
The Insurgents are now completely
surrounded by a cordon of more than
1.000 ruralcs. drawn from the garri
sons in various parts of the Island, in
cluding Havana, but owing to the rug
ged character of the country. It will
be extremely difficult for the troops to
come to close quarters with the in
surgents. It is declared on apparently respon
sible authority that Cortes is accom
panied by fully 100 men mounted and
well armed.
More gratifying to the government
than the prospective capture of the in
surgent band was the arrest and sub
sequent killing of former Captain La
vastlda of the rural guard, who Is be
lieved to have been the principal in
stigator of the uprising. ILavastida
was arrested last night by Major Art
eaga of the rural guard and was
charged with conspiracy against the
government.
While on the way to Remedlos un
der escort It is alleged that Levastlda
(Continued on page Bix)
ASHEVILLE CITIZEN.
ASHEVILLE, N.
AN UNMANNED TRAIN DASHES INTO
LADIES' WAITING ROOM
Engineer and Fireman Compelled to Leap For Lives and Leave Boston Express to
Plunge Through Walls of Montreal Station. Conductor Tries to Apply
Air Brake But Not In Time to Avert Disaster
(By Associated Press.)
MONTREAU March 17. Four per.
sons are dead and thirty others were
more or less seriously injured as the
result of the blowing out of a wash
pipe on the locomotive hauling the
noston express of the Canadian Pa
cific railway this morning three miles
out from the city. Scalding steam
filled the cab and the engineer and
Ireman were forced to Jump. The
.rain, without a guiding hand at the
throttle, dashed into the Windsor
street station, through the garnlte
wall Into the Women's waiting room
and then into the rotunda where the
the locomotive, after demolishing one
massive granite pillar, was brought
:o a stad-stlll by another.
The four persons killed were sit
ting in the women's wailing room.
They are: Mrs. W. J. Nixon, Mon
HISTORIAN OF THE
Close Friend of Jackson and
Lee Passes Away at Co
lumbus, (J a.
(By Associated Press.)
COLUMBUS, Ga., March 17. Dr.
John William Jones, who by his hls
rlcal works and close association
with General Robert E, Lee and Gen
eral Stonewall Jackson gained the
;ltle "Historian of the Confederacy"
Jled this afternoon at live o'clock
it the home of his son, Dr. M. Ashby
Jones, In Columbus. The. body will
be carried to Richmond, hla horn
ind the funeral will take place .Sat
urday afternoon from Calvary Bap
tist church In that city. The linme
Jlate cause of his death was uraemlc
soma.
Dr. Jones was born at Louisa Court
House, Va., September 25, lSSR. Ed
ucated at the University of Virginia
ind the Southern Baptist Theolog
ical Seminary, he was ordained to the
Baptist ministry In i860. He enlisted
in the Confederate army as a private
was afterwards chaplain of A. P.
Hill's regiment und later served un
der Stonewall Jackson, remaining in
the army until the surrender. He
was chaplain of Washington and Dee
University when General Ie was its
president. After the latter's death
he prepared his book "Reminiscences
of Robert E. Lee," at the family's re
quest. Dr. Jones Is survived by his wife
ind five sons as follows:
Carter Helm Jones, Oklahoma City;
E. Pendleton Jones, Hampton, Va ,
Frank William Jones, New York; M.
Ashby Jones, Columbus, and Howard
Lee Jones, Charleston, all of whom
ire Baptist ministers except Frank
W. Jones, who is editor for the Amer
ican Law Book.
MOROS ATTACKED
CONSTABULARY
(By Associated Press.)
MANILA. March 17. A belated dis
patch from Lake Lenao reports that a
band of hostile Moros attacked Lieu
tenant Furlong's detachment of con
stabulary at Bordong on the 8th of
March and arter a sharp fight, eight
Moros and two members of the con
stabulary were left dead on the field
while two soldiers and one civilian
were wounded. A company of the
Twenty-fifth infantry and a detach
ment of scouts have gone to the aid
of Furlong's force. The day after the
fight a constabulary soldier deserted
after stealing Ave rifles belonging to
members of tha detachment.
C, THURSDAY MORNING, MARCH 18, 1909.
Budding
treal; Her thirteen-year-old son and
nine-year-old daughter. Elsie Vllliers,
twelve years old, of Montreal.
A score of men wore knocked down
when the train crashed through Into
the rotunda.
An Investigation of the cause of the
i accident by General Manager McNIc-
oll disclosed that the break In tho
boiler was on the fireman's side. Fire
man Craig Jumped at once and land
ed in a snow drift probably unin
jured. He ran dpwn the track after
the train. Half a mile from where
he Jumped, Craig, found the engineer
lying unconscious, .bjt the .Hit
skull had" been fractured. Why"be
fore Jumping the engineer failed to
bring J' train to a stand-still may
never be known for Cunningham has
not regained consciousness and is not
expected to live. The train crew had
THE IRISH CELEBRATE
SAINT PATRICK'S
Seventy Thousand Sons of
Erin and Elsewhere
Prance Around (iothani
(By Associated Press.)
NEW YORK, March 17. St. Pat
rick's memory was honored today In
New York city by a parade which
equalled and perhaps surpassed any
similar effort in the past. More than
forty thousand persons were In line,
including members of about two hun
dred organizations. The line of pa
rade, more than six miles long, was
lined with enthusiastic spectators who
waved green flags and shouted ap
proval as the marchers passed.
Archbishop Farley and the heads of
city departments who rode In car
riages, dropped out of the line on up
per Fifth avenue and reviewed the en
tire parade from a stand erected for
the purpose. 1
Brooklyn had a celebration nil Its
own which rume near eclipsing the
Manhattan event Thirty thousand
men were In the long line of twenty
divisions, which was reviewed at the
borough hall hy representatives of the
city and stab governments.
Down on the water front the bat
tery boatmen had their annual marine
procession The most Important of
the St. Patrick's dinner's tonight were
those of tie- society of the Friendly
Sons of St. Patrick at Ielmonl os. the
Ancient Order of Hibernians at an
uptown casino, the Friends of Krln In
the Bronx, and Ireland's American
Friends at the Hotel Astor.
FIGHTING OVER HI NDI.KY.
WASHINGTON. March 17. Presi
dent Taft today consulted with a dele,
gatlon of Alabama lawyers who fa
vored a re-nomination of Judge Hund
ley for the northern district of Ala
bama. The president did not commit
himself. A hitter fight has been waged
over this nomination for two years,
the senate having failed to confirm
Judge Hundley.
ifATR
WASHINGTON. March 17. Fore
cast; North Carolina: Fair Thursday;
Increasing cloudtnese and . warmer
Friday; light variable wtnda
OF STATION
no idea there waa anything wrong
until the train was nearlng the sta
tion. Then the conductor, noting the
excessive speed at this point applied
the air brakes. They were not strong
enough to hold tho train with the lo
comotive pulling against them, but
they did check tho speed somewhat.
The husband of Mrs. W. J. Nixon is
a train deapatcher of the Canadian
Pacific at Medicine Hat. Alberta. He
had secured leave of absence to coma
to Montreal to get his family and they
were all at tha aatton to greet him
after six months separation. Nllfofl
train arrived a short time after the
accident. The mangled bodies of his
wife and children were lying on the
platform when he stepped from the
train.
NEBRIETY IS THEME
Of
Effects of Liquor Upon Phy
sical and Social Conditions
Discussed
(By Associated Ires.)
WASHINGTON, March 17. Alcohol
practically has no therapeutic uses,
Judging from the discussions at tho
J semi annual meeting here today of the
American soil.ty for the study of
I alcohol and other drug narcotics.
I Some of the medical scientists con
! tended that alcohol has not thcrapeu
i tic uses, others that on the whom It
1 has few such uses, while another de
clared that alcohol gradually Is be
. log ( llinlnatea as tt drug.
I papers were read by Drs. Henry O
' Marcy, of Boston, Mass.. honorary
president of the society; Howard A.
1 Kelly, of Baltimore, on 'The Alcohol
ic Problem In Kvery Day Life;" T. I.
! Crothers of Hartford, Conn., "The
Future of the Alcoholic Problem."
and W. B. Parks of Atlanta, Ga., In
I a paper on "The Kffect of Alcohol on
'. Temperament us it Relates to Race
j and Nationality." said that many of
the characteristics of the effects of al
cohol on the body were governed by
the race and nationality.
' To the Englishman alcohol brought
; repose und comfort; to the French
! man It created xeliement and lnt-r-ust;
to the German It was anesthetic;
to the Italian It was courage and
force; to the Irishman It waa sense
enjoyment; to the American, alcohol
simply gives a ( ling of powei and
capacity without any pronounced
t) pes.
The negro Is not an Inebriate as a
, race. He drinks to ouict excitement
land to give relief. The Jew Is not a
! race drinker. Alcohol to htm Is simp
! ly a sedative. The Russian takes al
cohol In the place of food, and his
drinking Is a very marked characler
i Isllc.
PUBLIC SCHOOLS ARE
NOT PRACTICAL
(By Associated Press.)
CHARLKHTON. K C, March 17.
i Dr. Charles W. Eliot, the former pres
' Ident of Harvard university, delivered
, an address here tonight before a largo
audience In which he deplored the fact
I that the public school systems do not
! sufficiently consider the necessary
' structure of democratic society and
I those Industries which constitute the
vital Interest of the community. He
asserted that the public schools will
never reach their highest level of ef
ficiency until they undertake to edu
cate children with special regard to
the calling which they Intend to enter.
DELAY IN VERDICT
MA Y MEAN JURORS
HAVE DISAGREED
Judge Hart Left Court Early and
Ordered The Jury Locked up
for The Night.
(By Associated Press.)
NASHV1LLK, Tenn., March 17.
With no Indications that the twelve
men are anywhere near an agree
ment, the opinion begins to prevail
that a mistrial will be the termination
of the famous caw against Col. D. B.
and Robin J. Cooper and John Sharp
for the slaying of former United
States Senator K. W. Carmack. Judge
Hart at 4 p. m. adjourned court and
started for his country home. He said
he did not think a country Jury with
no way to get home at night would
he foolish enough to bring In a ver
dict tonight. "They'd stay over and
get the night's lodging and break
fast at the state's expense" he aald.
Judge Hart began his charge to the
Jury at ,30 a. m., and finished at
11.16, at which time the twelve men
retired to deliberate. The typewrit
ten charge nf sixty-two pages, about
400 words to the page, waa handed
to Juror H. J. Hyde and according to
custom In this county this makes
him the foreman.
Judge Hart has declared his In
tention of holding the Jury together
for a week or two If necessary. In
order to get a verdict.
Women Relative Present.
Judge Anderson of the defense ex
pected 4 verdict In thirty minutes
or a mistrial. He would not discuss
the delay tonight. The court's defi
nition of an overt act was general In
character and he Instructed tha Ju
rors that they must decide whether
or not the Coopers committed an
overt act when they crossed the
street to meet Carmack.
As the court declared that no epi
thet, editorial or speech was suffi
cient to justify even an assault, Mrs.
Burch and Mrs. , Wilson, Colonel
Cooper's daughters frowned and the
former's eyes filled with tears. The
words "death by hanging" male the
young woman wince. Mrs. Carmack,
shrouded in black was in court, her
ton on tha arm of her chair. A .half
hundred women friends : stood or sat
behind her and adjoining counsel for
tha etate. Two privats detectives
stood near Atfnrney General MoOarn's
chair and kept a watchful eye on the
crowd, and a score of special depu
ties were distributed throughout the
court room.
Jurors Jolly.
When the Jury retired two depu
ties were placed on guard at the Jury
room door and two more at tho foot
of the stairs leading to the third
floor, upon which floor the room is
located. No one was permitted even
to loiter around the foot of the
stairs.
The Jurors were given liinchcon at
12.80 and supper at B p. m. . After
supper the Jurors returned to their
room and bursts of laughter and
snatches of song Indicated that the
twelve men were not discussing defi
nitions of murder or theories pf self-
defense. Just before p. m., they
summoned the deputies and announc
ed that they would "turn in" for the
night.
Judge Hart's luirge.
Judge Hurt's charge In purl fol
lows:
POSITIONS GIVEN TO
THEMJKOfllTTEE
Hold to Agreement to Force
Speaker to Consult
Minority Leader
UNCLE JOE A Ml ABU-
(By AsMM-lutcd Press.)
WASHINGTON. Mitrch 17 The
llrsl test oT the sincerity of those
d iixo'TiH who hound themselves In
caucus not to nee, pt any committee
appointment unless approved hy Mr.
Clark, the minority leu.ler. came
w hen Speaker Cannon announced the
personm ! of the committee on mlle
ago In the house today us follows:
Kennedy, (,f Iowa; I.ondlti, of Illinois;
Garner, of I'ennsylvanin ; Lewis of
Georgia, and Denver of Ohio
Mr. Martlet! of Geornia. was
promptly on his feet and called at
tention to the fait that Mr. 1-wls
was not a member of the house The
speaker acknowledged his mistake
and named Mr. Martlett.
"I decline any such appointment"
Mr. Bartlett hotly replied.
The speaker announced that fact to
the house and said that without ob
jection Mr Martlett would be excus
ed, which was done.
The chair will name the gentle
man from Kentucky. Mr. James,'
said the speaker.
"And the gentleman from Ken
tucky refuses to act" Mr. James re
marked with emphasis.
The speaker called a halt to theei
refusals by submitting the question to
the house. He said it waa for the
house to determine whether or not
acting and put the question to the
house, with the result that Mr. James
waa excused. ease.-. v4S iiMn
Associated Press
Leased Wire Reports.
I'RfCE FIVE CENTS
'The purpose to kill Is no leu pra- :
medltuted. In the legal sense of tha
term. If It was deliberately formed
but a minute preceding the act by i
which death Is produced than If It
had been formed an hour or other .
period of lime before. Tha question -of
vital Importance la was tha mind :
of the assailant at the moment of tha
killing so far fruc from excitement
or passion as to be capable of pre
meditation, and was the death of tha'
party slain the object sought to. ha
accomplished ths end determined
on?"
Judge Hart defined heat of paasloD
as excitement of auch a nature as
would obscure the reason ot any- or-,
dlnary man and render hint liable to
do an act which might causa death. :,
"Provtana thrsata by tha deceased,
against the defendant or acta of hos-(
tinty toward him. or previous abuse,
of him, how violent so aver it may be.
Is not such provocation as tha law
recognises as sufficient to reauee an
unlawful killing to manslaughter if
the killing was done at such time
after these things had been dona a
a reasonable person would have re-
gained self-control,"
Of reasonable doubt Judge Hart
aald: "Absolute certainty la not da
mundod by the law to convict of any
criminal charge, but moral certainty,
la required."
Self IHenso,
"Tho law of aelf-defsnta ta thug la
fined by our supreme court; To ax
cuss a homicide, tha danger ot death
or great bodily Injury must althar be
real and honestly believed to ha so, at
the time and upon sufficient grounds.
It must ba apparent and Imminent.
To constitute this defense, tha belief
or apprehension of danger must be
foundod on sufficient circumstances to .
authorise the opinion that the deadly
purpose then existed and the fear that
it will at that time be executed. The
animosity of the deoeaeed against the
defendants as indicated by words or '
actlflne the and before ie a proper
matter for the consideration of the -
jury, on the question ot reasonable ap
prehension, but Jf the killing Is not
doW under the fMl ie calculated to
Inspire, or the tear Js feigned or pre
tended the defense will not be avail:
able. '. V '.'ri,'"
As to (Vmsplraoy. .
"It Is hardly necessary to say that
the real or apparent necessity brought
about by the design, fault or contri
vance of the defendants la no excuee.
OUl II ine iwsr u a mmm fdjuif imwm '
death or great bodily harm be Indica
ted by the proof, then the grade of the
offense would bo lessened though It
would be Ineffectual aa sslf-defonse."
Judge Hart said that ordinarily a ;
witness who testifies to an sfflrmltlve ,
Is to lie preferred to one who testifies
to a negative. ' ' V-
Defining conspiracy the court said!
"It Is not necessary, In order that thy '
become co-conspirators, that they .
should talk the matter over and agree
as to what portion each one ehould
perform. It Is sufficient If there la .
a tacit understanding between them, ,
The state Insists that John !., Sharp ,
(Continued on pegs Four)
TENS FATHER UNO SON.
IN COUNTY OF TRIAL
So Many Contributed to
Prosecute Prisoners
That Few are Left
fj 1 AIM) MAINTAINED
JKHl'P, Ga., Marrh 17. In all
probability the actual taking of tes
timony In the, trial of former Shurlff
W. M. Dyens of Wayne county and
his son Archie Lyent for the murder
of M. Fleming Bmlth will begin to
morrow. " i I
Klcven Jurymen are In the bog and
a second special venire of talesmen
lias been summoned.
Aside from progress oT the selection
of a Jury, chief Interest centers in
One statement often repeated that a
double guard has been placed at the
Jesup Jail at night at the request of
the former sheriff and hie eon. while
fn the short walks from jail to court
house and back again Tour .officer
escort the defendants.
The high feeling that swept through
Jesup on the night or the killing of
Hmlth has been re-aroused by tne
beginning of the selection of the Jury
for the trial. Tho chief bar to tha
selection of a jury from Wayna
county was the fact hat so many
tersons residing In the county had
contributed to a fund to be used In
prosecuting the father and eon. It la
probable that the final Juror wlU be
obtained early tomorrow. ..-r ., .
One talesman todaycbniesaed after
being repeatedly asked that he had
been employed by CoU. "WW W. Ben
nett for the defense to "sound" proas
pectlve talesmen In " tftynee county,
but this man retained the answers he
had received, not In a note book, but
I In hie memory, . .-.,
(Contlnued on page Biz.)