THE HEVIELE CITIZEN. THE WEATHER: FAIR. Associated Press' Leased Wire Reports. VOL. XXVI., NO. 27. ASIIEVILLE, N.C., TUESDAY MORNING, NOV EM HEM lb 1909. PRICE FIVE CENTS. DELEGATES DAZED fly COURT S ACT1 IflCOfilEIHIPTCASE Summons of Leaders For Sen tence Win Interrupt Con vention at Toronto PROPOSED THAT ALL CO TO WASHINGTON Delegates do Not favor Sug. gestlon of Two Weeks Strike to Disapprove Decree TORONTO, Nov., 15. Just as the convention of the American Federa tion of Labor was about to adjourn for the day, a telegram was deceived from Washington announcing that the stay for the attorneys for President Qompers, Vice-President Mitchell and Secretary Morrison In the pro ceeding against them for contempt of court had been denied by the Court of Appeals of the District of Columbia. President Oompers was plainly surprised and as he read the message to the convention the dele gates sat In silence as though dazed by the court's action. "That means that the resources of the lawyers have been exhausted, doesn't It?" asked one of the dele gate. "The chair Is not In a position to state," replied President Oompers. Then, aa he read the message stating "the mandate goes down Saturday morning" the faces of hlqpself and hi.) fellow officers betrayed the . anxiety under Which they were laboring. Is Appeal Allowed? A telegram signed by the three de fendants was at once dispatched to their counsel In Washington asking When It-would be necessary for thorn to put In an appearance In order to avoid forfeiting their ball bond.i, which amount to $12,000. and stating that they would like to remain In Toronto until the close of the conven tion Saturday evening. i4amajot--ettain'i whether under theHtwsOf the 'Dlstrlct of Columbia we can appeal," said Mr. Gomperg af ter adjournments "But If we do go, the convention must stay here and carry on Its proceedings In a digni fied and orderly manner." "We'll charter a train and all go down with you" volunteered one of the delegates." And even the ae ceders will Join you." added J. J. (Continued on page four.) HUNT OF EMBEZZLEMENTS WILE NEVER BE ASCERTAINED Books Prior to Five Years i Ago Have all Been De stroyed it is Pound $322,000 MISSING CINCINNATI, O., Nov. 15. Charles I. Warrlner, formerly local treasurer of the Hlg Four railroad, was Indicted today on charges of grand larceny and embeZJilement In the amount of $5,000 on each count. While $643,000 Is known to have been stolen from the railroad It developed today that the company's cash hooks prior to 1905 have disappeared and that it will never be possible to tell tho full amount of the defalcation. The comparatively small amount on which Warrlner was indicted repre sents the latest known theft. Amazing figures were presented to day, showing the progress of the thefts for the last live years. The shortage thus estimated amounts to something more than $r.S,000 for 10,'. 190 and 1907 and to IG2.000 1n .iWa. nd $83,000 In 1909. The to tal f6r five years- reaches $322,000. Paid Out Blackmail. Of this sum Marriner says he paid J 100 month to each of two persons in the form of blackmail. The rest, he alleges, he los in speculation, try ing to replace his thefts. The MM interesting person to ap pear before the grand Jury ws Mrs. Jeanette Stewart Ford, whose con nection with the case is still shrouded In mystery. Mrs. Ford declared that she had said nothing to the grand Jury beyond the Indefinite statements which she has already made public. After the grand Jury had adjourned for the day; Prosecutor Hunt an nounced that Warrlner would be sum moned as a witness to give evidence against the persons whom he accuses of blackmail. SENTENCED TO HANG. 6TWESTER. Ga., Nov. 15 Wil liam Rouse, a white man. who yester day V" found guilty of the murdef of' William D. Bailey at Poulart. this county, was today sentenced by Judg) Frank Park' to hang on (he last tday of the year. December II. Motion for a new trial will be heard soon. " NEITHER LIVING NOR DEAD FOUND IN WRECKEDMINE Attempts to Explore Shaft Frus trated by Rekindling of Flames, And Again Miners Are Sealed up as in a Tomb of Fire. CHERRY, 111., Nov. 15. The three hundred or more miners who were en tombed In the St. Paul coal mine by If st Saturday's fire are dead. Some of, the bodies He burled beneath thou sands of tons of earth which caved in upon them, and It Is doubtful whether many of the bodies can ever be recov t red. This was the opinion expressed to night when rescue work win tempo rarily abandoned. Fires In the mine which broke out with renewed fierce ness early today made further de scents by rescuers Impossible. Fans employed In an effort to carry fresh air and life down to tin1 Imprls cned men served only to enliven some embers which sprang into flumes. Soon the heat find smoke became so dense Ihut It was necessary to again seal the mouth of the hoisting shaft and to night the men down there, whatever their condition, are locked in as effect ively as in a dungeon. 300 roffliiH Ordered. Whatever attempts to take out the bodies will be made tomorrow dependc on the condition of the Internal tires. It Is possible that carbonic acid bob will be forced to the bottom of the mine tomorrow to choke the mimes. It was said tonight that three hun dred coffins have been ordered. Half of them will arrive tomorrow and half the following day. Meantime the sev eral score of nurses who were rushed here look forward to no prospect of heroic work in reviving Injured men. It la believed that no one will be brought out of the mine alive. Hope swung frequently fn the bal ance today. Hefnre the fire broke out again, rescuers descended four times Intp the shaft. Then the rumor cir culated quickly through the crowds that the men below hud been reached and that the reason they were not brought up Immediately was that they were exhausted by lack of food and the smoke. . - ' Found Neither Living Nor Dead. But the truth was far different. The" rescuers did, on one occasion, go down three hundred feet to the bottom of the hoisting shaft. Then groping their way with electric lamps and kept alive by oxygen curried with they, they penetrated 150 feet Into the bottom gallery. Hut none of the miners either dead or ulive were found. "Hey, are you there?" cried the rescuers, but nothing was heard In response; It was conjectured the mln-1 WOMAN DIED.IUIAN LIVES TO RELATE WEIRD TALE OF I T Had Known Each Other But Two Weeks But Pact Held Good MAY BE EMBEZZLER. HARTFORD, Conn., Nov. 13. The gruesome tale of a suicide pud which In its fulfillment cost the life it Iilanche Ferguson, of Washington and nearly that of her companion, Fred J. Held, of Cleveland, was told today by Held at a hearing before the chief of police. Though the couple had known each other only two weeks they had made two attemipts to die, according to Held. The night of their arrival here they drank the contents of a phial of morphine. This being without the desired effect, Held had the bottle refilled and the couple spent their hist money In decorating their ilenth chamber with white flow els. Then they drunk the mixture and lay down to sleep what they hoped would le their last sleep. The girl never awoke. Reid was saved by prompt medical attention. Ghastly white aud emaciated from the effects of the drug, Reld denied today that he handed the poison to the girl. He helped himself and she dhl the saime. he satd. Aa a result of the story told by Reld, the police say it is their belief that hi- wa prompted to make an attempt upon his life by remorse and 'because he had used money belonging to his em ployer. This money, acordlng to Reld was to be used in paying workmen under him in Cleveland, a dozen Of whom were to have received a week's pay each. The body of the woman was sent to relatives at La Plata. Maryland, to day. JOHN O. KNOX JEAH. WASHINGTON. Nov. 14. John O. Knox, organizer and treasurer of the Knox Experss company died here to night of intestinal trouble. He. was sixty-four years old and was born In Bedgrade, Maine. Mr. Knox abso or ganized and headed the company that tiuilt and operated the Congres hotel, whfrh in si mated close to the eaprtol ahtl is well "known- to public men throughout the UnKed States. ' era had crawled for safety Into the recesses, remotest from the tire, but to these parts the rescuers were un able to go without reascendlng. He fore they could rr-lescend the fire had broken out. Gradually the crowd about the mouth of the shaft began to thin us hope seemed to wane. . Pathetic SiKHtoj-le. The spectacle about the mouth of the wrecked mine at dusk was pa thetic. A tall skeleton frame work of Iron reaching skyward, surrounded by a group of low wooden buildings which a few days ago had been the scene of Industry, suggested by their desolutlon that hope had been aban doned. Only a half down guards pa trolled the premises. In the distance, scattered over the Held a few women wrapped In shawls looked on In si lence. As a result of the disaster. ' there are in this town of only a few hun dred Inhabitants, ut least 1,000 or phans and two h unci ml widows. These are the figures of Duncan Mc Donald, president of district No. 12. United Mine Workers, who institut ed ft roll call of the families of the entombed miners. Is the Still IIOH. President Earllng of the Chicago, Milwaukee and St. Paul railroad, de dined to Ray more than that the men are Just as safe now as they were yes terday at this time. The mine Is too big and has too many ramifications to be filled witfi smoke yet. Ilesldee, the smoke Is not carried downward by any air currents. If the men were alive yesterday, every man may be alive now. Mr. Karllng caused a house to house canvas of the (miners to be made. This showed 258 miners miss ing, but some of the families were not at home and It Is believed when a complete list is obtained the num ber of entombed miners will exceed three hundred. Thi morning dawned hopefully. At an early hour the muln shaft, which had been sealed since Saturday wen opened and determined efforts be gun by the volunteers to drug the bodies from the wreckage. Hefore nine o'clock the crowd as sembled around the roped enclosure and the workmen broke the seals of tho Shaft. There was little smoke In (Continued on page six.) MERGER OF ALL COPPER INTERESTS SEEMS TO RE NEXT 01 TOE PROGRAM Trading in Stocks is Re sponse of Wall Street to Rumor. PRICES ADVANCED NEW YORK, Nov. 15. More de tailed reports regarding impending merger or agreement among the great copper producers today sent copper stocks to new high records for the year. There were denials and plenty of rumors that the merger negotia tions had gone beyond the tentative sta.tjie, but it was generally admitted that certain Interests are trying to bring about an adjustment among the product rs to regulate output and thereby prevent overproduction and the consequent depreciation In price from which the trade has been suf fering for the past two or three years. The capitalization of the combine according to best reports probably will be close to the billion dollar fig ures of the United Htates steel corpor ations, although the arrangements have not yet proceeded far enough to establish any definite figures. A report from IJoston to the effect that a cor poration with a definite billion dol lar capitalization was to be formed, with the lirm of J. P. Morgan and company In -charge of the financing was said by a member ot the Morgun firm to be untrue. Similar guarded de nials from the offices of several of the Independent copper roncems Indicat ed that the negotiations are still mere ly tenatlve. On the other hand Wall street's confidence in the ultimate success of the merger plans was In dicated by the trend uf the " day's prices. Amalgamated advanced to 4 1-4. a new high level since the sjkring of 1907, and Anaconda reach ed S3, a new high record for the year. When the market closed, 160. 00 shares of Amalgamated, 46.000 shares of Anaconda mnd &7.000 ehares of American Smelting bad been trad ed in with net gain for tho day of from 1 7-8 to three points for each. WiU TWENTY I ,J Wf'flt AN KILL if' I MYSrOCK-COl J ' I 1 V fc f s a I -S(bV I . k y we""!;:: s- jSTTfc. UI1.I11! Jf IT ..UUM." r M I CAPT. SHIPP FIRST TO GO TO JAIL FOR CONTEMPT OF THE SUPREME COURI Must Serve Ninety Days States' WASHINGTON. Nov. 1C. For the first tlmo In American history, Blx men are in prison xonlght for con tempt of the Supreme court of the (Tnited Btates. Kor the first time, too. the federal government has placed men behind the bars as an outcome of the lynching ot a ni'gro. , At the United Htates Jail in this city, Captain Joaeph V. Hhlpp, for mer sheriff at Chattunooga. Tenn.i Jeremiah Gibson, hJ jailer; and Luther Williams, Nick Nolan, Heriry Padgett and Wllltstn Mayea ot tha same cltr, this aftffnoon -began serv ing terms of Imprisonment Imposed a few hours before by the Supreme court of the United States. Shipp and Gibson tiad been found guilty of fallltiK to protect from n mob Kd Johnson, whose legal execu tion for rape had been stayed by the Supreme court until It could review tho case. The others had been found guilty of partlciputroii In the lynch ing of a federal prisoner. Bhlpp, Wil liams and .Nolan were grven sentences of ninety days imprisonment each, while Gibson, Padgett and Mayes re ceived sixty days .ach. As tho big barred doors of the Jail swung open t receive the prison ers this afternoon, Immediately after sentence had been rmposed. Warden McKee stood before them. "At least we lire in the hands of a soldier," exclaimed Captain Bhlpp. who had been In many a light for :;he Confederacy, us he espied a G. A. R. button In the lapel of Warden Mc Kee 's coat. Then turning to his li"e fellow prisoners. h. said: "Hoys. It will tie all right." Warden McKee has Inaugurated .nethods of pun sbment at the Jail as humanitarian as t lie various clashes of irisoners will all""-, and he was pre FIFTY LIVESftND MILLION impossible Yet to Estimate Full Kxtent of Damage in Out h nig Dist ricts KINGSTON. J.rrnnlca. Nov. 1 !. While it l yet impossible to give an Hcrur.'ite statement of the loss of life mil damage h, ,r,iM-rty as the result if the storm,, it i variously ei mated hat about fifty persons were drowned iy the floods and that the material lamatte will not be less than ll.lir.O. 100. The principal loss was to the ba mna plantations the northslde of he Island, anil lew shipments will oe possible, before January. The :outhslde or the Island was practi cally uninjured and the situation here Is not serious. WASHINGTON, Xov. IS. Forecast for North Carolina: Fair In' east, rain In west portions Tuesday, Wednesday rain; light variable winds shifting to east. The Bird Season Is On. 'V .. r III icntn ft i i r LOMt ABOUHDA In Federal Prison for Failing Prisner From Lynching at of Mob. pared for the reception of the six men from Tennessee. Pleasant Quart th Ready. About n yiiir ago during the Im prisonment of uu unusually large number of women, the warden had fitted up a store room on the fourth flour of t.ie Jail as quarters for female prisoners. It was In this large rootn, perhaps twenty by thirty-live feet that he locked the sx prisoners, i In the room wure beds for ench of the prisoners, while at one nd was a table upon which ''trustees" will act their meals three times a day A rtth room, adjoining the room, will be used by the prisoners exclusively. Kour large circular windows open to the south and west, lving excellent views of the front of the buildings. Preferred Jail Ut Pen. In fact, so pleasant did the pris oners find the quarters that Captain Shlpip sent his attorney, Major Cllft, to the office of tho Bupreme court, to withdraw request he had made when sentence was Imposed to be sent to the federal prison at Atlanta, Go., In stead of the Jail In this city. During the afternoon the six men received calls f rom Tennesseans and others. Sitting on his straw bedhalf recflnlng on his pillow of tr.aw. Cap tain Shlpp made this statement: "We are vey well pleased with the treatment given us by Warden McKee. and are delighted with tho quarters assigned us." A few hours In Jail made Gibson reminiscent. He told his companions that this was not the first time he had been In prison In Washington. I "Rut the other time I was brought here as a Confederate prisoner." he ild. Solemn Scene In Court. . contempt case was taken The up ANDERSON TRACTION CO. IS SOLD Br RECEIVERS Bought hy Syndicate Who Will Improve and Extend to Spartanburg. CH A nijOTTB, N. C. Nov., in. The Anderson Traction coinpuliy was Hold In Greenville, K. C, today to a syndicate composed of I.. W. Parker. W. J. Thackston and II. J. Hayns worth, of Greenville, K. C. and J. H. and 11. N. Duke of the American To bacco company. T purchase was made from K. W. Hobnrtson of Col umbia, who bought the company at receivers auction recently. The line will be extended to Greenville and Spartanburg at once and the name of the company will bo changed to the Anderson, Greenville and Spartanburg Traction company. The line at pres ent extends trom Anderson to Helton, a distance of about elKhteen mllefl. Pa pers of Incorporation will be applied for at once. The amount involved In the transfer or the property has not been made public. A survey for the extension of the line will be made ut an early date. The distance from An derson to Spartanburg, the proposed terminal .is about seventy-five miles. COTTOSI ltn'RIeJCr I. nowrnv. Nov. 15. To help move the immense quantity of cotton, now being brought from the Boutn me aa dltlon of three sailings per week from Savannah was announced today hy the ocean Steamship company. Under the new schedule the eompsny will bring North about 20.000 bales of cotton weekly. Si Ptoses THt OLD aiui too, ot ; to Protect Negro, a United Hands today as soon as the Justices took their places In tho court room. So licitor Bowers, of the department of Justice, upun receiving; a nod of reo ognltlon from Chief ' Justice Fuller, called attention of the court to the fact that defendants were In court In response to Ha order and suggested that the court Impose sentence, ' The chief Justice directed Clerk McKenhey to call the defendants 'be fore the bar. Aa the 'names of the six men, the sheriff, the Jailor, the four men, charged with ravine been mem brs of the mob that topic Johnson's life, rang through the little court room. A stillness as of death settled iiver all. From eachv defendant cmm the solitary word "present." Thejr then stood up for sentence. Chief Justice Fuiter then read the sentences, Sheriff Bhkpp took the sentenoe more calmly than any f the others. After the chief Justice had concluded, he walked over to Marshal Wright and askvd him where thla officer of the court wanted him to gw. Tears came to Padgett's eyes and he used his handkerchief freely. Wit ness sat down as If exhausted, when Attorney Chandlee asked that hi client be sent to Atlanta, He remained sitting until Attorneys Cllft and Shepherd made similar repuests for the other defendant. The marshal of the court deputised the marshal of the District of Co lumbia to take the men to Jail and at 1.30 o crock this afternoon, they were behind the bars. Ktrlklng Figure. Heading the little group of six men found guilty of contempt, as they look their places before the black- (Continued on page tlve.t NOTHING IN TREATIES TO CJOSEjr FRICTION State Department Declares Japan Has Observed Let ter of Open Door Policy. WASHINGTON, Nov., 15. The re cent treaties entered Into by China und Julian oh to the operation of coal mines along the South Manchurlan railway and the Antung-Mukden rail way do not create monopolies ahd hence are not violations of the "open door" or the "equal opportunities" principles to tho observance of which all of the leading powers represented granted. This Is the concluuslon reached by ythe state department af ter a long and careful Investigation of the question Involved. The department today Issued a sate ment which said: "In view of the widespread public ity of the statemtnt that the recent Chinese-Japanese agreement relating to Manchuria created for Chinese and Japanese subjects a monopoly to carry on mining operations along the South Manchurian railway and Antung-Muk. den railway which would exclude Americans from an extensive field of indu-itrlal enterprise. Inquiry has been . mudo of the two signatory powers and official as surance has been received to the ef fect that some exclusive claim to min ing rights was intended by the agree ment: and that If minerals are found by Americana or others within the des ignated territories, no objection will be made to their working such mines tinder, concessions granted by Chinas the whole, scope and' purpose , the screentent being that any operation by Chinese and Japanese subjects of the m Inert within tli territory. .men tioned should be Joint its between themselves," .,. , ..,; i, . , L GRAVER SCATJDAL Is Thought to Foreshadow Ex tonslvo .Inquiry Into Its : OperaUonsYisewhere ; LOEB GIVKS ALL THE CREDIT TO K005LVELT Treasury Official Open to Cri t icism In charges Made . by Subordinate NEW YOItK, Nov. IS. While the i legal machinery of the government moves slowly, the air of uncertainty wnicn surrounds tne so-called sugar fraud cases Is Interpreted bw those who havg followed! ths progress of corporation Investigation lu this coun try to foreshadow an Inquiry which may rank with ths insurance uphea val of 1(06. u ; Boston and Philadelphia were brought within the scops of the la Vcstlgatlon today wlh ths report that ths government probably would at tempt to obtain hack duties due on sugar In those cities, while the Invest!- , gatlon went on In New Tork with re. peated rumors of reaching ths "melt higher up." Henry JU Btlmson, acting s as special attorney for ths government ' In the cases declined to discuss this -, talk of proseouting bigger men, nor would he eommtnt on any develop ments In thla city. 4 ' Hack to noosevelt, William Xoeb, Jr., collector of the net. elfl ' ,irMi to he retlcm, but he repeated that It wag through the determination and Influence uf Theodore Roosevelt that the Infestlgn- tlon and prosecution of the ' sugar frauds was undertaken. According to ' Mr. Loeb, he had talked over the mat ter With Mr. Roosevelt thoroughly he fore he (Uiebl took chsrg of the customs house her and consequently hc'Jtad woll denned policy muppetl out when he assumed office.. , . it i With ths denial from Washington ' today by James B. Reynolds, former : assistant secretary of this treasury that h had la any way opposed the investi gation while in office, came the an nouncement In New York by Richard . Parr, through 'wlfUae statement Mr, Reynolds', actions and motives were placed open to criticism, that he had been misquoted and misunderstood. Parr's Statement. 1 Parr, who IS still engaged at ths customs house, issued the following statement: , ' In regard to the statement that Mr. J. U. lleynolde, the former assist ant secretary of the treasury depart ment ordered special agent Parr. first TRUSTMAYREUEA to Cuba and then to Ban Francisco . for the purpose of preventing; Parr ; ' from pursuing tho sugar investiga tion further, Mr. Parr stated . that , there was a' misapprehension; that he did not charge Mr. Reynolds with ordering htm to Gubo, or to Baa "rn. I clsoo for ny Improper purpose?, and that the reporters had misunderstood his statement. The trip to Ban Fran ' Cisco was ordered by Mr. fteynolde. but It was so ordered at ths request of United Htates District Atorney Btlm son. who feared that Parr's health was being undermined by the eontlnued strain of tho Investigation. A to the remainder of the Interview, Mr. Parr states that It Is absolutely true snit correct as printed, and that ho will produce the necessary evidence in sup-., port thereof at the proper .moment." On Cgso Transrerwi. One of the few outward develop- . ments In the situation In New Tork today was tho transfer of one of the most Important case set for trial from federal Jurisdiction In Brooklyn to Manhattan. Accordingly, James F. Bendernnael. former general superin tendent of the American Sugar Refln na company In Williamsburg, will plead tomorrow In tho United State , District court In New Tork proper. Me gave ball Immediately after hi ' arrest last Friday. HI trlul together with other Included in" blanket Indictment will begin on November l. , (Continued on page four.) "' ROUND UP DF ITALIAN E Police Think They ( Have Unearthed Nest of ; Gi-eeii Goods Men . --vU'V NEW YORK, Nov; 15. By the ar rest of thirteen Italians today. United State secret service men and the Ital-r Ian squad of the New Tork police : think they have rounded up the lead ers of a band which has trafficked for at least a year In large amount of counterfeit money made In Palermo, Italy, and circulated in America. The prisoners who were taken in raid upon severs 1 .Italian shops and home Include dulsseppe Morello In whose lodgings were found seven al leged black hand letters written by htm to merchants In, New Orleans 8dd returned, the police, believe, by mer chants who met the demands for mon ey, -.. -i.f ),r... v, ' '"'. Pasqitale yaU. another bf the' met, nod la Ills possession, 1,200 counter feit two dollar bills. . ,