North Carolina Newspapers

THE WEATHER SHOWEBS ee citizen: Associated Press Leased Wire Reports. VOL. XXV. NO. 198. ASHEVILLE, N. G, FRIDAY MO&NING, MAY 7, 1909. PRICE FIVE CENTS. THE IMPEACHMENT OF FEDERAL JUDGES IILBEDEMAIED r ' . Representative Murphy Rett erates His Charges Against Philips And McPherson COLLEAGUE JOINS IN HIS STATEMENT Declares He Will Introduce Resolution Formally Asking ImpfAuhment Proceedings (Br Associated Press.) WASHINGTON, May . Rising to a question of pergonal privilege In the house today. Mr. Murphy of Mis souri sought, to Justify tils recent action In 'presenting a resolution pro viding or the appointment of a com mittee td MnvesUgate the conduct of Federal Judges McPherson and Phil ips, In relation to the two-cent pas-1 BOYLE CONVICTED OF KIDNAPPING WIFE PUT ONTRIA L So Strong Was Evidence Against Him That He Made no Defense MRS. BOYLE WILL FIGHT TO THE LAST DITCH Her Defense That She Was Not In State When Offence Charged Occurred (By Associated Preaa.) MERCJ2R, Pa., May 6. James Boyle, charged with kidnapping "Bil ly" Whitla, was convicted today after a trial lasting but a few nours. no defense was made and the Jury was out but a few minutes. Mrs. Boyle, Indicted under the nam of Mary Doe, with half a dozen alias es was Immediately placed on trial JUDGE UNDER FIRE CONTINUES .RULE AGAINSjfSSOURI Judge McPherson Attacked In Congress Keeps Rate In junction In Force GOVERNOR HADLEY Will TAKE APPEAL Litigation involves Serious Conflict of Jurisdiction Be tween State And U.S.Court (By Associated Press.) KANSAS CITY, Mo.. May 6 Judge Smith McPherson, In the Federal court today continued In force the temporary injunction recently grant ed by Judge John F. philips restrain ing Selgert Jones, circuit attorney of St. .Dauia, from prosecuting the suit died by him In ihe Circuit urt of that city seeking u. iitrn the rail Today He Takes His Annual Bath. senger fare litigation and the maxi- charged with aiding and abetting the roads of Missouri from ciiar-ia mum freight law of Missouri. Mr. Murphy had read some news paper dispatches to the effect that Frank Hagerman, attorney for eigh teen raljjroads, had telegraphed the attorney general of the United Status alleging that the charges In the Mur phy resolution were "an outrageous tleeue of misrepresentation by one who has b knowledge of (he facts." He had proceeded some time when Mr.- Clayton of Aajabama, or the ju dietary committee, objected saying the argument was not one of personal prlvJJtMM, He suggested that Mr. Mur phy formally Impeach the two Judges, when, he sail, . the house would be compelled- to take notice. Speaker Cannon ruled that Mr. Murphy' was within Tils rights. Mr. Murphy galled on Mr. Rircker, his , colleague, to substantiate what he a saying. . Mr. ' Backer" 1JI so, mid declared that ' 7udgg-Mnlxa ahould hava been Impeached twenty years ago. AUV Murphy Jlenled that . Missouri had been; accorded every courtesy In the tt9.as ,as, was. also stated m Mr'tJaSerntan telegram. mjpmjn iuuiituii iriirmnri -.-n-un -n- -i- 'Continued tm page four.) kidnapping. Hardly had the Jury been sworn in the woman's case when the lawyers became engaged In a legal argument regarding the admission of certain testimony and the case was ad. Journed until tomorrow morning. The first witness called by the stale in Mrs. Boyle's case was Miss Ella Boyle, a sister of James Boyle. Ap parently from the line of questioning, the prosecution wanted to prove by her that the kidnapping conspiracy was formed while Mrs. Boyle was visiting In Sharon with her husband, and that she was implicated in it. It is surmised the object of this Is to oversome her contention that she could not have violated a law in this state while she was living In Ohio. Selected Young Men. Mrs. Boyle took a prominent part In the selection of her Jury today, prompting her attorneys in numer ous cases and evidencing a preference tor young, unmarried Jurors. That Boyle's trial came to such an abrupt ending Immediately after the state had rested, was due to the fact that so strong- a cue had been mads against Iilm. From the night before (Continued on page four.) three-cent passenger rate. No other state officers are Included in the injunctive order which Is to re main In force "until differently order ed by this court." The order con tained ths reservation, however, that supplemental orders might be Issued against other persons should subae quent events demand such action. Judge McPherson said the order did not Include Attorney General Major and the members of the state railroad commission, because they had stated under oath that they had not inspired or encouraged the St. Ivula suit, and did not have anything to da with It in the future. Judge McPherson prefaced his de cision with a statement referrlngtndl rectly to Representative Murphy's realised a year ago "that' whatever reealfzed a year ago "that whatever my decision in the Missouri rate cases might be, I would get few compll menu, no thanks, but great criticism accompanied by abuse. But I have never had the slightest thought of running away, from this litigation be cause ft proved unpleasant.' I have the kindliest feeling for ths attor Br (Continued on par four.', OFFICERS ORDERED TO TESTIFY FOB STATE TRIAL OF CAPT. Attempt to, , Show Strong Feeling y Exists Against Prisoner in Army Circles CASE IS NEAR AN END FLUSHING. N. T.. May C The defense sad rested Its case and the prosecution was well along In exam ining witnesses In rebuttal when court adjourned today In the Halns trial. The rebuttal witnesses for the state were principally army officers who had been stationed at Fort Hamilton and Fort Hancock during June, July and August, l8s. and had met and talked with Captain Halns at that time. Their testimony tended to contro vert that ot the army witnesses for the- defense In that they all said Cap tain Hams spoke and acted rationally a Bhprt time before the shooting "In August 15, last. When tne oe.eiu- ..- MISSISSIPPI PISSES OVER BAR UNO TIES UP IT Proves That River Can Eas ily Float Biggest Warship of Modern Times. ITALIAN AVIATOR GETS NASTY FALL OIITOFONE Image of St. Christopher . Was not Effective Against Bad Steering. WILL CIO ON UP RIVER. (By Associated Press.) NEW ORLEANS, May t. The peo ple of the lower Mississippi yalley, especially of New Orleans, are happy tonight. The big battleship Mississ ippi, which' has been brought from the naval -station at Guantanamo, Cuba, to receive a silver service from the people of the state from which she takes her name, today crossea tne bar at the mouth of the Mississippi. entered South Pass and came up the river to New Orleans without mishap of any kind. The original plan provided for the tends ha was suffering from, "maniac presentation made at Natchez. Miss., depressive Insanity." . I but this Idea was not received with The weight of the army .cer' department, and Mlmonr as to the rationality 1 . teatlmnnv as fo th Dartlv ountenbJnced by their ad missions, tinder cross examination, that Captain Halns had acted In nervous and excited manner and looked mis and worried John F. Melhtyre. chief counsel for the defense, created a stir in court n AtiMiinninff th imv officers as 10 what military authorization they had for appearing as witnesses against Cantaln- Halns. He brought out the fart that Captain Henry W. Torney of Fort Hancock had an order signed by Colonel Helstand. adjutant general of the department of the East, di recting him to appear at the trial. Mr. Melntyre endeavored to show that other officers had received the same orders from Colonel Helstand and asked Captain Torney If he did not know that Hl-feellng existed be tween the colonel and the Hains fam ily. Captain Torney was not permit ted to answer, but It was evident that the defendant's counsel wished to. show that there was feeling against Captain Halns In certain army circles. Dra. L. U Samuel Mason. Arthur C Brush and I Pierce Clarke, the trio of alienists for the defense, were disposed of at ths morning session. They all testified that the defendant had suffered from manias depressive taesuHtr" sine last, Mar nd wpe rtenee a sudden shock of "Impulsive insanity wh,lch rendered him Irre aponslbls at, th tiros fas shot Annlt. the people of the Missippl guir coast also rtrenuously objected. It was ar gued that the depth of the Mississippi river would not permit a battleship as large as the Mississippi to make the trip. Those who put forward this ob jection were met with such a volume of statistics and reports of much lar eer vessels navigating the river that it was finally decided that the ship should make the trip to Nateher. any way, although the presentation will take place at Horn Island as originally planned. Big ships loaded down with cotton have gone through South Pass draw ing twenty-nine feet within the last few weeks, and the old Mississippi pilots were amused When they learn ed that anxiety was being felt over the saftey of the battleship, which passed through today drawing only twenty six. The big ship was tied to the Jack son avenue -wharf, almost against the bank. Even this close In, there was a hundred feet of water under ths ship. The Mississippi will remain In New Orleans until May 12. when She will start up the river making stops at Doualdsonvllle, Plaquemlne, Baton Rouge. Bayou Bafa and Natch e. Later aha will go to Horn Island for tbs silver service, WANTS TO FLY AGAIN (By Associated Press.) nOME, May 6. Lieutenant Calder- ara, of the Italian navy was Injured here today while flying In a Wright aeroplane. As he was making sharp turn the machine fell to the ground and the aviator was picked up unconscious. It Is estimated that hi fell a distance of about forty-live feet. His right cheek and his right eye were Injured and he sustained a dis location of the shoulder. He was pupil of Wilbur Wright. The machine was very badly damaged. Only the extremetles of the two propellers and the two rudders were Intact. At tached to a piece of the wreckage there was found an Image of St. Christopher, the protector of auto mo billets, and under It an Inscription asking the saint to protect this aero plane. While making the third round of the Held In a strong wind the aero plane seemed for a moment to come to a stop. Then It lunged forward and downward and struck the ground A scream of horror burst out from those present and a number of the aviator's brother officers rushed for ward and picked him up. Admiral Mirabello, minister of ma rlne, visited Lieutenant Oalderara this evening. The lieutenant was able to converse for a brief period with the minister. He said: "I do not think I am very badly Injured, and hope for the day when 1 may take another flight." IiAWYKIW INDICTED. (By Associated Press.) .BOSTON. May . Two prominent IsVyers. Charles Hall Adams and Wil liam W. Risk, the former counsel for three counties, and Massachusetts' commissioner for all the states In the union, pleaded not guilty today to indictments charging them with ob taining III. AOs of unclaimed depos its from the Suffolk Sayingsbank by conspiracy. Mr. Adams was recent! J appointed counsel here for Liberia. Nicaragua and vice-consul for Ura- WOMAN'S BROKEN ARM CHARGED TO CHIROPRACTIC DOCTORS Mrs. Eugene. W. Brannon Brings Suit Against DrS. Compton for Alleged Mal practice in Treating Her. Case Has Caused Sensation in Med- i Roused from 'fnlr beds at two o'clock last night by Deputy Sheriff Frank M. Jordan. Dr. Q. F, Compton and his brother, Pri W. R. Compton, were served with paper In arrest and ball proceedings brought against them by Mr. Eugene W. Jprannon. and Mrs. Brannon of(Jt Moitford avenue, for alleged malpractice. Dr. C. F. Comp ton la th well known chiropractic practitioner of this tty and has main tained well equipped eft toes hers for over a yewv ls( broths, Dr.' W. R. Cotnpton, arrived toejra njy last Sun day. '- At a tote hour Uf aigfct the Drs. Compton ware t thtf eustody of -Depot? Jordan hSSttfufuit mom ge on their bond. The amouss) of the bond required by ths order, of Clerk Marcos Erwia Is one thonsand dollars, and the amount of damages) claimed In the oemptalnt which was Bled by Messrs. Carter and Chadester Is two thousand dollars. The proceedings grow out of a brok en arm suffered by .Mra . Brannon which sha alleges was? caused by the Drs. Brannon In the course of a treat ment which they gave her last Tues day. Whjle there is great discrepancy in the statements coming from the chiro practic practitioners and from Mr. Brannon's household, the fact remains that Mrs. Brannon Is suffering from a broken arm which was discovered by Dr. Calloway, who 'was celled in Immediately after ths chlropractltlon- ers had given Mrs. Brannon their treatment. Dr. Compton declares that ical Circles in The City. the Injury could not have resulted frem the treatment given Mrs. Bran non by his brother,. Dr. W. K. Curap tonfl who first attended the case, and a servant In Mr. Brannon's house de clares she witnessed the act which caused the Injury. Mrs. Brannon who has been subject for a long tlms to convulsive seiiures had Dr. Compton summoned in the hope that she might be relieved from an attack whloh had come upon' her Tuesday morning. The case had been pronounced by several physicians, as Incurable so. Mrs. .Brannaneelded last Saturday to try the chiropractic treatment vr . When D. C. J. Comptort was sum moned he replied that owing to anoth er case which demanded his Immed iate attention he could not go then, but would go out In about two hours. He suggested to Mr. Hrannon that his brother, Dr. W. R. Compton, Who nr rlved In ths city last Sunday from Oklahoma City, should go out In his place. Mr. Brannon agreed to 'this plan and the younger Dr. Compton went out to the house. He found Mrs. Brannon In bed with one of the at tacks and at once began a treatment of the spine by placing her on a Iron ing board placed over two chairs. Ac cording to Dr. Compton, he manipu lated the spine near the neck, working at this treatment for about two hours after which he placed her on the bed. About this time the elder Dr. Cpmp ton arrived. Hoon after, Mrs. Bran non went Into convulsions. Mr. Bran non, who was with the doctors, asked' them what should be done. Dr. C. F. Compton told Mr. Brannon that he could do nothing while she was suf fering, and suggested the catling of a physician to give an opiate to re lieve, the pain, , Dr. Calloway Called. Dr. A. W. Calloway, who was sum moned, found her unconscious, and f ave her ' a , hypodermic to relieve eonvulslnns. A trained nurse was railed and she stayed with Mrs, Brannon About, six o'clock; Dr. CaU Mrs, Brannon had regained conscious rises, He also -assists the the left arm Was bruised near the shoulder. Mrs.-Brannon complained of her arm being sore and when Dr. Calloway and Dr. F. T. Mei'lwet'her examined th arm they found It broken and dislo cated. The next morning thsy verified this examination by the Use' of the X-ray. Dr. Compton a MtaU4nent. Various theories have been advene,' d as to the cause Of the dislocation and statements differing widely have been clroiilated. Dr. C. F. Compton, when seen last night, denied that snv treatment given by himself of his brother could hava brought about a dislocation or any, Injury to the arm He explained at some length IhsA the treatment given by them was entirely on the spine and In no way connected with the arm. He remained firm In Ms denial that there was the least ICf SNARL over their LOYALTYTO HUff Tariff Debate Brings on Acri monious Recriminations Among Leaders DEMOCRATS EMULATE WISE OLD BRER RABBIT Members of Finance Commit tee All Known to be Op posed to any Revision ( Cotil Inued on page five.) MRS.THAW MIT HIVE TO GOJOIL ALSO Warrant Issued for Her Ar rest for Failure to Pay Contempt of Court Fine. (By AwsN-latrd Pfeea.) NEW YORK. May (. Evelyn Nes- blt Thaw, who gamed much notoriety when her husband. Harry K. Thaw. shot and killed Stanford White, may herself have to go to Jail In the near future. An order directing the sheriff to arrest her for contempt of court In falling to pay a lino of 2&6 Imposed last week, was signed in the city court late this afternoon, following the an nouncement that tlie appelate division had refused to stay proceedings. The order directs that she shall be kept n close confinement until the settle ment of her aciliunt. The line was imposed upon Mrs Thaw for her failure to appear In supplementary proceedings on a Judg ment of 1253 obtained against her by Elsie Hartwlg, a milliner.' Mrs. Thaw's lawyer tonight noti fied the attorney for Elsh- Harwli that it would not be necessary to arrest their client, as the Judgment held hy the milliner would be paid n full early tomorrow. STOLE TROTTER TO TAKE LI Bold Robbers Looted Htore and Dynamited It to Cov er Their Escape. I i 8H0WER& WASHINGTON, May I. Forecast for North Carolina: Showers and cool er Friday; Saturday fairs brisk south shifting to west winds. -.-- (Ry AawK lated Press.) LAPOItTK. Iml.. May 8. Robbers toiiay looted the store of f F. Honnehorn for the fourth time In six years and covered their getting away by an explosion of dynamite that wrecked and Set lire to the building. The thieves carried off a thousand dollars worth of goods In a delivery wagon, drawn by Humming Ulrd 2.H) a valuable trotting horse which they stole from a nearby stable. The robbers, four In number, were overtaken shosJIy before noon In th Onlena wood near the Michigan line hy HhcrlfT Ansllsa and Chief of Ho lie Cochrane. An exchange of shots fol lowed, during which three of the robbers escaped. Tho fourth was cap tured, and all the plunder recovers. A posse Is searching the woods for the escaped robbers. When the officers arrived here with the captured robber. It was necessary for the police to display their fire arms to awe the crowd of two thous and persons who gathered around the prisoner and were yelling "lynch him." The prisoner gave his name as Joseph Kolwuky. He Is twenty-six years old and says he came from t'sslcago. BOY Bl'RXKD TO DEATH. COMER, Oa., May I. Paul Norrls, a young son of Henry Norrls, was burned to death when his father's home was destroyed by fire near here last night. In the attempt to rescue members of the family, following the discovery of the flames, the boy was left In the burning building and his absence was not discovered until too late to be rescued. DECLINES TO ACOUIT TILL EVIDENCE IS Judge Slieppard Compels TuriH'iitine Men to Make Their Deferwe. (By AK-lated Pre".) HAVANNAH, Oa . May 6 Over ruling the motion of the defense In the "turpentine trust" case. Judge Hheppnrd today stated that he would Ihe ram go to the Jury, arid the defense began at once- to submit Its testimony, calling to the stand Oeorge Meade liosrdman of New York, one of thn defendants and treasurer or the American Naval Htores company; (' W. Dill of New York; I). W Fletcher of Philadelphia; K. II. Hhay of Jacksonville, and J. A. O. rarson and K. It. Mlddleton. Judge Hheppard Intlmittcd that If later the evidence should warrant It he might direct a verdict ns to cer tain defendants. onald'rble Interest centered In Mr. Hoardmnn's testimony which was as a rule In direct dfens of himself against the charges agulisxt him. He stated that he had nothin- to do with the purchase or sale of spirits of rosin. He said he rerelvl a salary of IJ500 a year from the American Naval Wore company of New Yor'i and nothing from the American Nsval Htores company of West Virginia. Mr. Boardman called rsch of the other defendants ty nam snd made the statement that he had never In his life entered into a conspiracy with any or all -of them in restraint of trade. Mr. Dill, manager of the Brooklyn yards ot the National Transportation and Terminal company of Newf Tork slated he had never seen Mr. Board- man about the yards. He said h had frequently seen ths rosin re-graded there, a fast a It came It was re Inspected and re-graded and that the gain m the change of grades had been greater than the toe. . (By Associated Press.) WA8HINOTON. May , Ths co slderatlon of the tariff bill for aotlun on the committee amendment today was again taken up In the senate. The lead schedule was still under con sideration and an agreement ws reached to consider It a whole and not paragraph by paragraphs' ' Mr. Revertdg protested against hast when a vote was called for on the lead schedule. With Considerable Wgor he reminded th senate that th tariff bill would be a. matter to He considered before th people,' "and," he said, "those whs are now demand ing a vote will not be th one who will be on th (battlefield repelling th fire of quest tuna" Mr. Oalllnger retorted thai the gen. ntnr from Indiana was not th only one who would- be on th battlefield. 'Ths senator from Indiana never falls to advertise his wares." 'They are reputable ' wgres, promptly retorted Mr. Berertdg. "and I am wealing out by llf In this labor." ' "Bom other were worn out before you appeared,", retorted, Mr. Oalllrt ger. Scluslulee are Tloary, ' . Commending th course of his eot league, Mr, Doltlve, .if hi attacks upon th pending tariff bill, enator Cummins .of Iowa . today Jn . Opening h 'speetfh ,oti that neure turned to Mr. Aldrlch and said that th man who challenged th republicanism of senator because (hey seel to rsvl th schtdulrs' of duties forty year old was tak ing ..most , remark! course. . .,..'', r ., " v., , Mr, Cummins scouted th Idea I hit. adherence to tea 'wool' schedule 'wa! necessary lit order to . ' maintain , the protective principle. II said hs had been on of the, republicans who had; fought for a revision of ths tariff And I Intent to stand by my faith;' he continued, "with all. the vigor of which I ant Capable. Th finance rommlltw composed of Honorable. In telligent, bright minded and expe rienced men, la still not (he Ark and the Covenant of republican doctrine. It Is not the only, repository of re publican faith." . Committee Against lie vision. . , Not a single member .of that com rnlttee, he eald. had. been among those republicans who had demanded a revision of th plngley MIL They did not believe revision W neces sary and it was no wonder that they should not now fayor change in du ties. Henster Owen Interrupted while Mr. Cummins was statinf that h had special opportunities for understand ing ths affairs of th American Steel and Wire company with an Inquiry as to how he had acquired such spec ial information. , "I was attorney for O'oiiilnued on pays four.) FLORl'liSE TMESI 'DISFBlliblLL He f uses to Adopt Grand Father Clause; Another Similar Measure Pending. (Bv Associated Press.) TAMAH AHHKK, Fla., May . Ne gro disfranchisement was again act- d on by the house today when that body Indefinitely postponed action on the MmJth suffrage iblll, which con tulns a clause Identical With ths so- called Mississippi grandfather clause. The. senate Heard disfranchisement bill, which both the house and the senate passed Inst week, Is more dras tic than the Hmith bill. Within a few days the Beard bill Is scheduled to come up for concurrence by the nate in amendments made by the house. A recommendation to drop the In vestigation of the charges that th trustees of the Internal Improvement fund had over-paid former Governor" W. ft. Jennings was made to the house by the special committee appointed to recommend action on thl matter. Another committee a few day so reported that during on year lit.- 090 waa paid Mr. Jennings by thos trustees. A minority report of th committee on action recommended that th house condemn the trans actions of the trustee and confer with the attorney general as to the advisability at entering a stilt of some sort. A motion to accept the minor- . trjr (report was sending when the . nous adjourned. - - .