North Carolina Newspapers

THE MHEtLEE 'CITIZEN. , , THE WEATHER Associated Presi '' Leased Wire Reports. 7T YOU XXV, NO. 191. ASHEVILLE, N. C, THUR SDAY, MORNING, APRIL'), 1909 1MUCE FIVE CENTS. SB In The Good Old Summer Time. TRIAL OF CAPTAIN i T ft 5 MOVE Fl WITH MCE LITTLE 'i LE LAID ASIDE 1 1 11 i LUMBERDUTYISUP iron iGriORE HENTINE MEN ABDUL HAM1D QUIT PARTY LINES WHEN HI S WITH IGHTHARDTOKEEP UNUSUAL RAPIDITY DOM TESTIMONY Simmons of This State Makes Strong plea For Reten tion of Protection DEMOCRATS AND REPUBLICANS MIX Minority Members Declare Party Platform Does Not Apply In This Case. "(By Associated Press.) WASHINGTON, April 28. Senator Simmons of North Carolina, during the discussion of the tar I ft measure in. the senate today said lumber and Its products represented the principal Industry lot twelve states, affecting Wore than a thousand cities which were largely dependent upon It. He opposed the proposed reduction in the duty on lumber, principally, he said, because labor constituted a larger element In the cost of produc ing; lumber than in the cost of pro due Inf any other manufactured prod uct, and further, that lumber was a competitor with some of the articles which added to the cost of .its pro duction, 11 submit." he said, "that there .cat ibe no more cruel repres sion of a Industry than by adding thirty per cent to the cost of Its production aha then forcing It Into competition on the one hand that the foreign product which, pn account of the difference n labor cost, stumpage cost and , the cost of transportation, can toe produced at thirty per cent less and, -on the other hand, forcing a eomoetrtion with a product of our own Country, the price of -which has been enhanced thirty per cent by the protwtdvtertfi. Platform Be Hanged. "How do you square your advocacy of a tariff on lumber with the dec laration" of the national democratic platform 10 MM?" Mr. "Dixon of Mon tana. Inquired-. uv Simmons asserted that there "wa difficulty about that. That he. maintained, declared for . riir for-revenue, and he did not believe ..the. Plngley rate on lumber was mora man "- f Continued on page seven.) Hit BILK LOSES HIS APPEftL GftlNST CHARLOTTE OBSERVER Carried His Complaint to ' Supreme Court Too Soon $ay Justices. OTHER DECISIONS (Special to The Cltiwii.) RALEIGH, N. C. April 2 8. In a list of appeals disposed of with opin ions and atherwlse today by the Su preme tlottrt Is BIHIhgs vs. Charlotte Observer Publishing company from Rockingham county in which the ap peal by the plaintiff is dlsmhraed. This Is the case In which Rev. C. r. Billing sued for damages because or a news Article printed in The Obser ver involving charges against tne character of Billings through compro mising relations he was alleged to have had with a negro servant. Klaok vllle, 8. C. and Waynesvllle, N. C., being specified as the places of his alleged Indiscretions. At the trial the Jury found that the charges a s to Blackvllls were true as published, but that the Waynesvllle charges were not true. The Jury assessing 15,000 dam ages against The Observer. Judge Ward ruled that the damages allow ed were excessive and ordered a new trial on that score. At the same time counsel for the plaintiff moved to set aside the finding agalnU the Pant' as to the Blackvllle charges being 'This was overruled and the Plf'"1" appealed. It Is this appeal that Is now dismissed, Justice Hoke wr,t ng the opinion and the ground for the dismissal being that the appeal as premature. Under this ruling the Observer company will come In for a new trial on the question as to the publication of the Waynesvllle feature of the charges against Rev. Billings. Other Optnloiis. Other opinions delivered follow Bordeaux vs. Atlantic Coast Line Ry. Co., Wayne county, no error: Shoe u. v.. Peacock and Fuller Davidson, no error; Nail vs Brown. Forsyth, no er ror: Alexander vs Metropolitan Life Insurance company. Cabarrus, revers ed; Quants VS Concord. Cabarrus, no error! Cashmer King Supply company vs Dowd and King. Meek enburg. af ; hfmedf ' Xambert vs Williams, A -' 1 i-nder, petition for certiorari denied. ' Strbup V Cotton Mills. Lincoln, per : wurt J,e1ng eve-ly divide and .hurtle Hoks not '". ' Ballard Hr. Balllnger and City of Carlota,. Mecklenburg, P curtain, affirmed. 4 ;. ; .- State's Proof of Crime All In On First Day With Jury in Boy DEFENDANT STILL ACTS AS ONE INSANE Witnesses Will Be Put on Stand Today to Prove Him Unbalanced. (By Associated Press.) m.TTSHlNO. N. Y.. Anril 28. Gen eral Peter C. Halns. the defendant's father, will be the first witness callea tomorrow morning us the defense for Captain Peter C. Halns. Jr.. beginning hla attemnt to establish the Insanity of the young officer who shot and niiort vvminm E. Ann!" at the Bay- side Yacht club last August. The trial moved today with marked aispatcn. and when court adjourned, former District Attorney Eugene N. Young had completed his opening address, .,i.,Miv outlining' the defense to the Jury, while In hte five hours previous. the prosecution naa on lis siue esutu- lished proof of the crime. General Halns will be followed by Major Halns, the captain's brother, and then by some thirty witnesses, all of whom will testify concerning Cap tain Mains lrrauootti uvia iuu"in the revelation of his wife's alleged In lidellty and her associations with Annls. Brother Will Testify. Thnminn .T Mains, the defendant's brother, who was tried and acquitted for complicity In tne snooting oi ah nln is exnecteri to be In court tomor row. Because of anonymous threats against his life, counsel has asked for nniino hndveuard for him. and the court probably will delegate a special officer to sit near him. xnormon Halns will be an Important witness for the defense. The question of ap pointing ' a' lunacy commission to In quire Into the defendant's present m.nial enndltlon was not aDDroached at any time during the proceedings to day. fantoln trains showed little emotion during his counsel's vivid narration of (Continued on page four.) OF WASHINGTI IFRIEND 151 RE-INTERRED Major L'Enfant Who Laid Out Capital is Fittingly Honored After Century. WAS BRAVE SOLDIER (By Associated Press.) WASHINGTON, April 28. After remaining unnoticed for nearly a cen tury beneath the soil of an obscure Maryland farm, "the body of Major Pierre Charles L'Enfant, the French engineer who remodeled the city hall In New York and who designed the national capital, was today removed to the Arlington national cemetery at the capital. The body was taken under military escort to the capltol. where It lay In state until the hour for the exercise. President Taft accompanied by Mrs. Taft was present. Vice-President Sherman and Am bassador Jusserand of France paid tribute to the memory of Major L'En fant, and spoke of the work of the French officer particularly as It af fected the building up 3 the City of Washington. ikn..njn, TiiMomnil in his ad- n 111 UQJyre.v, 1 " . i. .- . , It... tn tUf nHmilllV oresw L-iiuni nil'".'"" 1 condition of the land upon whk-h the. future of the capital of a nation was to be erected and to the great trans- I formation whlcn nan tanen fimt a little more than a century. Major L'Enrant. said the ambassa dor, had been selected by Washing ton to lay out the city because dur ing thirteen years ot association he had many occasions to appreciate his qualities of character and hla abilities. L'Enfant had been one of the earliest enthusiasts of the Amer ican cause, serwed throughout the war of Independance and had been left on the battlefield severely wounded at Savannah where he had led the vanguard of one of the columns of attack and lost two-thirds of his men. Inter he was taken prisoner and af terward exchanged for Captain von Heyden. a Hessian. Oathered about the bier were representatives of the soelety of the Cincinnati whose em blem, was designed by L'Enfan'. Other patriotic and civic organisa tions also were represented. . , , . Hm.hdma and rel I "S 1 Among im-i .. , Interred witn me o"y ' 'the ordr f the Cincinnati, which was taken from his own lapel by Senator Bacon of Georgia and pinned npon the caaket The Witnesses Give Evidence Tending to Show Existence of Trust in Naval Stores CUSTOMERS FORCED TO SIGN CONTRACTS Defence Would Limit Test! mony to Conspiracy Charge Under Indictment. (By Associated Press.) SAVANNAH, Qa., April 28. John W. West, present of the Weat-Flynn-Harrls company, of Savannah and Jacksonville, was the first witness examined today In the United State, court when the taking of testimony was begun In the case of theAmerlcan Naval Stores company for allege 3 violation of the Sherman anti-trust flaw. Mr. West atC1led! that the American Naval Stores company re fused to buy naval stores from him unless he signed a contract, certain clauses of which he regarded as ob jectionable. Mr. West, despite these (objfotlons, finally ,sl)gined the con tract Counsel for the defense Interposed many objections to much of Mr. West's testimony, on the ground that hte statements should be confined strictly to the alleged conspiracy which It Is charged was entered Into by the defendants to control the pri ces In naval stores. Extended arguments as to what should be competent evidence to show a conspiracy were made and at the beginning of the afternoon session Judge Sheppard ruled that the gov ernment would not be restricted to direct evidence of a conspiracy, but might show here and there facts anil circumstances tending to show that there had !been concerted action among the defendants to do the acts charged. An K J pert Testifies. An effort was made to qualify C. H. Ramos of Jacksonville. Fla., president f the Barnes andJeup company. ait nvnnrt on nnval store. He was call' d to the stand after John F Harrlsof Valdosta and Secretary H fCrntlmiert on page three.) CALHOUN MAKES PLEA TO JURY OVER PROTEST OF FIVE ATTORNEYS Resents Insinuation Made at Trial by District At torney O'Gara. YOUNG MAN SMIRKED SAN FRANCISCO, April 28. -The unusual spectacle of a defendants ad dressing the court and the Jury while his live attorneys remained silent was presented today during tne trial ior bribery of Patrick Calhoun, president of the United railroads. Mr. Calhoun, Ignoring the appeal of A. A. Moor-, his chief counsel on speaking after Assistant District Attorney O Oara hail made a remark touching on the good faith of the Jury. "I am on trial for my liberty," said Mr. Calhoun, "and as a cltlwn I de sire to enter protest against the re marks of the district attorney which I designate as misconduct. They are contrary to every rule of law prac ticed among English-speaking peo ple." Made Faces at Jury. Mr. O'Oara's remark, which aroused Mr. Calhoun was as follows: "I desire to call the court's atten tion to the fact that a young man seated at the defendant's table has been laughing and smiling at members of the Jury whenever he conceived a point to have been scored In the de fendant's favor, and that he has bevn snarling at portions of the testimony." "That la absolutely false," said John J. Barrett, one of the attorneys for the defendant. "Mr. O'Gara bases this ac cusation on a report made to him a moment ago by one of the men who sit there all day long, looking menac ingly In our direction." Declined Henry's Offer. Calhoun's attorneys were Invited by the prosecution to make legal ac knowledgement that the United rail roads paid 1200,000 for an over-head trolley permit. Mr. Rogers for the defense, was attempting to draw from Dunifl C. Coleman an admission that he had agreed with Supervisor Oal- lagher to hold up the Parkslde fran chise unless money was paid, the ob ject being to show that the super vlsers were engaged In a blackmailing conspiracy. "Do you hold such proof will consti tute a legal defense," Inquired Judge Ijiwlor. "I do not.'' said Mr. Rogers, "but I hold that It constitutes the fact that Jury ought to know." SEVERAL CHICAGO CAPITALISTS - DRA WN INTO VAN VLISSINGEN CASE Prisoner Who Forged Mortgages for. Tears Testifies To Continue Forging (Dy Associated Press.) CHICAGO, April 28. The names of John It. Walsh, formerly president of the Chicago National Bank, who Is under a Ave year sentence for misap plying the funds of that Institution, and Fred M. Blount, Mr. Walsh's business sad political associate, were drawn Into the Peter Van Vllsslngen forgery scandal today. , : Van Vllsstogen, , who a brought from Jot let prison to es plain his as sets before referee in , bankruptcy Wean, And Who hadjV tllhwl that BernhardT RossnbetsT Maurice Rosenfeld, Chisago capitalists, had knowledge of his practises as early as 1(04 and had compelled him to carry out more forgertea In order to pay them, was asked this question by Attorney Lesslng Rosenthal, repre senting the two accused financiers: "What Information did you get be- PROPOUND MATTEflSL FOB Impor t a n t Resolut ions Adopted ly Preliminary Meeting of Methodists. (By Associated Press.) MEMPHIS, Tenn.. April 28. After adopting resolutions making the gath ering of representatives of the various district boards, u fixed feature pre liminary to the meeting of the general board of church extension of the ! Methodist Kplsi-opal church. South, J the meeting hen- of the representa-; tlves of the thirty-one conferences was brought to an end this evening. ' Tomorrow, the genorsl board of church extension will begins Its annual meeting. j Resolutions adapted at the conclud-1 ing session of the conference this! evening recomne nd that pastors be! allowed to remain Indefinitely In rer-, tain cotton mill :md mining communi-i ties when the exigirencles so demands; j that the genet al and conference; boards be allowed to loan church ex-j tension money unl make donations In cotton mill towr and mining districts when deemed advisable, even where clear titles cannot be secured; that an Insurance committee of five be ap pointed to whom shall be referred the matter of issuli'K bonds for the pur pose of seciirinK loan fund edquale to the needs of th- ehurch and that the different conferences of the church, to whom resolutions adopted today will be presented, will be asked to de fine the status ! the preliminary con ference. Tonight a mna meeting was held In the Interest of tie women's home mis sion societies. iFATT? WAH rNOTOV, - tAlprll 2 1. Fore cast for North f'orollmu Fair Thurs day; Friday partly cloudy; warmer on the coast; moderate eas to eoatd- est winds. . " ". .: t to Get Money to Pay Them Is One of Those Mentioned. fore or subsequent to November f. 1808, (the -day that Van Vllsslngen confessed his crimes) that John R. Walsh and Fred M. Blount knew of your Illegal practices V i "I had no knowledge prior to that date," responded Van Vllsslngen The question plainly excited the wit ness. . "Well, subsequent T" persisted Mr. Rosenthal. , ''' "If you would permit me to talk with you, 1 think you would with draw that question," faltered the wit ness. "I have nothing to -conceal, but conference can do no harm," said Mr. Rosenthal. A conference was then held after which Mr. Rosenthal ask ed: "Were any facts disclosed to you prior to your exposure to show you that either John R. Walsh or Fred M. Illount knew your secret T" HARGJS SENTENCED FOR LIFE FOR PATRICIDE Second Trial Results in Con viction and Heavy Penal ty For Slayer. IRVINE. Ky., April 28. Reach Hurgls. charged with the murder of his father. Judge Ilargls, was today sentenced to life Imprisonment. The defendant showed no emotion when the verdict was rendered. Neith er did his mother and sister by whom he sat. This was the second trial of Hurgls for this crime. The first re sulted In a mistrial. I'nlted Htates Henator W. C). Hradley headed the counsel for the defense In both trials. The murder of Judge Hargls by his win, Reach, occurred In the Judge's store ut Jackson, lireathltt cftunty, on February 0, 190H. Hens tor Bradley, for the defense, entered a motion for a new trial, which will be. heurd by Judge Adams tomorrow. RAILROADS STILL FIGHT ALABAMA (Ry Associated Press.) WASHINGTON. April 2 The con troversies between Alabama and the railroad of that state relative to the freight and passenger rates today reached the Hupreme court of the I'nlted Htates throuKh two petitions for writs of certiorari by the Georgia Central arid the Western Alabama roads, asking the court to review the decision of the United Htates Circuit Court of Appeals for the fifth circuit which was adverse to the railroads. WAR MVi:itOK IK0. (Ily Associated Press.) BRATTLKHOHO, Vt.. April 28. Frederick Hollirook. former governor of Vermont, the oldest ex-governor In the country and one of the last of the civil war's executives, died at his home here tonight. He was ninety-six years of age. !AH,Y NKWM TO HKNUMK. (By Associated press.) G-RBRNRBORO N. C. April 28. The Dally Industrial News which sus pended ptbllcatlon on January 29. was sold to E. C Duncan, republican nationsl committeeman from North Carolina. Publication will be re slimed shortly under the name of "Greensboro Dally News," as a re publican morning dally, , That Others Compelled Him With. John R. Walsh "No," replied Van Vllsslngen. "Did anyone know It besides Roe enfeld and Rosenberg." "Not to my knowledge."., At the close of the day'a session Van Vllsslngen In the presence of hi counsel mad this statement: "It le most unjust that Mr. Walsh'; name should be dragged Into this trls for some purpose not evidenced. Less teg Rosenthal, as attorney for Rosen berg and Rosenfeld, cam to the pen lUmtlary January It and inform me that Wales knew my secret" Mr. Rosenthal said; "I never In formed Van Vllsslngsn that Walsl knew his secret and the forger knows this well enough. The name of Walsh was not mentioned during our con versatlon at the penitentiary." The hearing will be continued to morrow. PROF. WOOD ILL CAST NOREI Has Reflector and is Perfdct ing That but is Not so Am bitious as Texans Think. (By Associated Press.) FORT WORTH, Texss, April 28 A message recelvnd here today from Robert W. Wood, professor of astron omy of John Hopkln's university, of Baltimore, practically agrees to the establishment of an observatory at at Stamford, West Texas, which will be used In an effort to communlcati with the planet Mars. BALTIMORE, April 28 Robert W. Wood, professor of astronomy at John Hopkln's university, after read ing the Fort Worth despatch regard ing the establishment of an observs tory at Htamford, Texas, said that hi was engaged In experimenting wltl. a mercury reflecting telescope twenty Inches In diameter, that up to- th present time he had not serlousl contemplated the construction of s larger Instrument. He has receiver telegrams from Fort Worth asking II he would consider the construction cl an Immense mercury refb-ctor If th" necessary funds were provided, but said he had made no agreement. It: his reply he stated that It would be unwise to attempt to build a large In strument until the small one was per fected "Even If It were possible t build a rcflvctor twenty or even otn hundred feet In diameter," he added "It Is unquestionable at least whether we could see very much more ol planetary detail on account of atmos pheric disturbances." 1'rofessor Wood declared that he did not agree to go to Texas to carry on his experiments but said that h appreciated the offer of aid and that If It should ever seem advisable to carry out the experiment on a larger scale he might be willing to avail himself of such an offer. Professor Wood expressed skepti cism as to the possibility of signaling to Mars. WR8T UfCOItftIA KXTENHION. (Ily Asaoriatrd Press.) ABERDEEN. Oa., April 28. A charter was granted the Western of Georgia railway by Secretary of Mate Phil Cook this morning. The pro posed road is to ibe capitalised at 1 600.000. The road la to be sixty miles long. It will connect with the Atffanta, Birmingham! and) Atlantic t Aberdeen In Forsythe county and extend In a weetwardly direction to th stats tin. Rumor Estimates mat no Vai Millions Deposited In Banks of Eurbpo NEW REGIME IS ON TRAIL OP HIS HOARD Deposed Sultan Will Not Bo Tried As Hols Abovo Human Laws.,'-. (By Asmrlatvd Press.) - ' CON8TANT1 NOPLB, April HTnl) former ruler of the empire,' Abdul ( Hamid II. la to be kept prleoner la . a large house with walled grounds ea) a height overlooking Helonlki, ! whlcH ' has lately been occupied by the Italia . commander of the Internationa) rn darmes. Me Is not to b put on trial, as has been widely reported In Con slantlnople, for he considered t H above the law. ; 1 ' It wag thought wise to keep the posed sultan In European Turkey,, re mote from' the capltol, Hut house hold will be admlnlatered for him ope on a generous scale and l Ufa will be safeguarded as he earnestly besought when notified t hla dethronement,' ; - Abdul Hamld. with four wlvea, five Jaughtsre and two of ; hla youngsg sons, two eununche and A eotnpara tlvuiy large number of female tare junta, was taken from the Yiidla pal- " aoe last night and started under a eoort SslonlkU The party pro . needed fey ateam Uunohea to thj landing near the railway and apeotal train on which they ware to be placed left at I o'clock In th morning. -Thej constitutionalists would Ilk to get back part of the treat sum ot money, that the former aulUn is supposed lo have abroad, ' not only because tovernmnt la. in need of the monsy, but' becauae It ta desirable ' that he mould be deprived Of the.' reaouroeg tor ahfllher' coup d'etat. ' Bpecutatlon, place Abdul' Herald's wealth at any ' thing between. IIMOMOO and $20,e 00fl,0tt, ..- i , ' , . j V "-.,, Amerlcatt Utft rim. -' It wa mentioned with pleaAurs M1' day at the palao or Mehemmed V that the American amoaasedor wa the first of th foreign' representative to convey hla good wish to th new ly proclaimed sultan, 'Th sultan " hla compliment and thank to Mr., Ulshman, expressing pleasure that the representative of the United State , was th first to congratulate him. A A The city la Illuminated tonight Arid general rejoicing continues. Although) (hi was a holiday, court martial were held and several of th principal in the mutiny of th treup wer o demned to death. Later they ssre taken outside the wall of th city and shot. ' ' Prince ftabah Rddlns, the nph of the sultan who was arrested" or suspicion of being; Implicated In th rising, has been liberated and hi re leuse has caused a good Impression. The street of the capital are filled with Macedonian volunteers. They gre being feted by the cltlsens at th cof fee houses and restaurants which ar full to overflowing. ' ' The huge square Insld th Milling of the war office presented sn unusu al scene this afternoon. Thousand ol soldiers of the Int garrison were seat ed, cross legged, in Companies In great ml-clrcle, while officers made the round and picked out those sus pected of active complicity In the mu tiny. The men, however, were cheer ful. They chatted and smoked and appeared to bear their disgrace lightly. . Will Clean Up Capltol Mahmoud Bchefket Pasha, com manding tho forces, In an Interview today intimated hi Intention to purify the capltol of all subversive element and to establish "a salutary example to the army. lie aald that h would have no half measures but would wiwWiiMNSI- swSWWWMt (Continued on page three.) NEGRO CLIMBED TREEI10 ESCAPE, ISIHANSED GN IT Con fowied to Assault on Woman Before White Mob Strung. Him Up. (By Associated Press.) BARTOW, Fla.. April II. trun up to a tree in which he sought refuge and his body riddled with bullets. Charles Scarborough, a negro whs yesterday attempted to assault Mrs. Taylor Frlerson of Fort Myer, met ft speedy death today at the hand of posse of Infuriated men. ' The posse started out with blood hounds on the negro's trail soon after the crime became known, and aooured the woods all night. In a secluded spot the posse captured the nsgr today, finding him In the top of a tree which a few minutes later served) hi scaffold. The negro confessed and without delay A rope, wa put around til neck and he .was, dran up to a !lmi. The possa then stood off fend fired twenty shots Into, hit body. ; !,J,wav