THE WEATHER:
"' FAIR.
VOL. XXVI., NO. 69.
CUT J HERO'S
a sre. a m m a.
, rouco; rioi oi reaerei oecrei
Service to Cut Line of
Communication
GAfTU RED STOLEN
ENGINE IN MAD RACE
Lcttfejnnjas by War But Had
Amassed Hilf Million
at His Death
ATLANTA. Ga.. Dec. 28. Anthony
Murphy, aged, eighty, a pioneer eiti
en of the South and one of the two
men who pursued and captured the
famous engine "General" when the
latter bad been seized and carried
oft from Marietta, Qa.. by federal
raiders during the. Civil war. died
here, today.
Murphy was born in Ireland and
cams to this country when twenty
years, old. He became one of the
constructors 6f .the Western and At
lantic' railroad, but when the war
broke out. entered the Confederate
service and because of his skill in
mechanic waa aslgned by Govern
or Bjttwih father o( the present gov
ernor., t. amenable men to make guns.
Helved Uw Engine.
On' APJClt' 12. 162, the fede ral se
cret service arranged to seize a
train at Marietta, cut off the cngin.
run it from Big Shanty, Ga.. to Chat-
- tanodga. ' Tenn.. burning bridges and
cUlttlng wires between the two placs
and thus cutting the Confederate line
of communications. The plan was car
ried, out almost successfully. The fed
eral officers boarded the train at Ma
rietta. Ga., and while the passengers
and' Crew were at breakfast at Big
Shanty, seven miles north of Marietta,
t,cut-ef1F the engine and started on u
mad race of destruction.
- ' Pursued on Foot,
' The. action ofhe federal party,
who jkoaed a Southern refugees anx
lout to Jqliythe Confederate army,
aroused thtfaueplclon .of Mr. Murphy
who. wajrthen foreman of the Wes
tf and TAQahflo -round House at But
Shaw. When the "General" started
oKJta wild race. Murphy and two
.Others: started on foot in pursuit, sels
' ed a hand ear later, ran it to Etowah,
Ga.,' where the engine "Texas" was
Impressed. ' For fifty-one miles the
race continued to Ringgold. Oa
(Continued on Page 4.)
IES SEVEN OA EIGHT
S A DAY TO MAKE
i'IW.
Defendant in Famous Di
v.oree, Case Has Had Day
Under Lawyer s Prod d in g
SUSPECTED HIS WIFE
NEW YORK, Dec. 28. W. Gould
Brokaw had a bad day of it on the
stand at Mlrteola, I.. I., today. He
hnB .previously testified of his attitude
of.falrness toward his wife who Is
suing for separation with alimony of
$81,000 a year; but today under skil
ful cross-examination by h r lawv.r.
ho was forced to admit th..t he had
accused her in a letter to his mother-in-law
of loving another man. ot
drinking too much port wine and of
smoking cigarettes, lie also admi'tcd
that his secretary, Byford, had as
sisted him in breaking down the door
of his wife's bedroom on one occasion-.
Brokaw wftS In an Irritable mood
and forgetful of details. The pretty
plaintiff, however, was In as light hu
mor as her' husband's was dark.
It became known today that Mr.
Frank J. Gould, Lieutenant Governor
and Mrs. Horace White, of Syracuse,
and other friends of Mrs. Hrokaw hail
offered to appear as witnesses in her
behalf, but counsel for Mrs. Brokaw
said that he considered his client's
sufficiently strong and declined
the offer. These friends were nearly
all members of a house party to
i Which Brokaw had strongly objected,
and It is said they are willing to give
their version Of the affair.
Brokaw gave his definition of a
drinking man. He has testified before
. that he does not drink.
"Can you recall any time when you
were in what has -been caled the
trivially exhilarated state?'" asked
Mrs. Brokaw'a lawyer.
"t cannot," replied the witness.
"When do you think a man quali
fies aa a drinking man?" was asked.
,"WeHH said Brokaw, "I would not
calk' any -one a. 'drinking man' who
takes less, than seven or eight drinks
day
THE
OF
IE SESSI
Gathering of Distinguished
Men and Women From all
Parts of South
SUPT. TIGHE MAKES
RESPONSE TO WELCOME
Interesting Program Prepared
For ifesslons of Today
and Tomorrow
CHARLOTTE, N. C, Dec. 28
The Southern Educational associa
tion convt-n.'d in its Initial session in
Charlotte this morning about 10 30
o'clock. Although the attendance at
the preliminary exercises was rather
meager, the numbers of visitors In
creased rapidly with the passing Of
the hours. Addresses considerably
above the average In content and In
expression were delivered, morning
and evening. In the auditorium of the
Presbyterian college. Proceedings
are now In full swing and everything
Is In readiness for two succeeding
days which will eclipse even today.
Addresses of welcome by Htate Su
perintendent J. V. Joyner, Mayor T.
W. Hawkins and City Superintendent
Alexander Graham, a responste by Mr,
R. J. Tighe, superintendent of the
Ashevllle schools and formerly secre
tary of the association and reports
from several state superintendents of
education were conspicuous features
of the morning session.
Today's Program.
Tomorrow morning ' Professor Ed-
ward Franklin Buchner of Johns
Hopkins university will speak on
"The Work of the Southern Society
of Philosophy and Psychology."
HUSBAND DRAGS THE
RIVER FOR HER BODY
ATLANTA, Qa Dec, 28. Fearing
that hii.wife. wandwed away from
home while mentally deranged ( last
Thursday af"rnoon nd that sho'insy
have committed suicide by drowning
In the Chattahoochee river, F. M.
Jackson, special agent for the South
ern railway, prepared to drag the river
for her body. According to Jackson's
rtory. his wife left home to visit her
brother and has not been seen since.
She has been ubject to occasional
periods of aberration.
PATTEN AGAIN TO THE
FRONT IN WILD EFFORT
Short Many Million Bushels
of Torn He Seeks to Save
Himself
RATTLE OF FORCES
CHICAGO. Dec. 28. James A. P.it
ten. whoae recent "corner" in wheal
has made him a dominant figure, if
entering upon the most despcrab
speculative battle of his career. Sur
rounded by enemies and facing a ris
ing market, he Is fighting fiercely tc
keep down the price of corn
In spite of bis most strenuous ef
forts, the price lias risen from 10 U
12 cents aJ.ovc that "t which he held
it. He is known to be between 10,
000.000 and 20,000,000 bushels of corn
short. I'nless there is a radical
change soon, bis enemies say. be will
be out $2,000,000 or more.
Meanwhile a group of corn "bulls'
composed to a large extent of cotton
men whom Patten squeezed severely
recently, have organized to keep th.
price of corn up.
("or delivery on or before Decem
ber 31. conservative estimates of pat
ten's sales are from S,000,0u0 to 7,
000,000 bushels. Of this he has losl
on an average of about fiv. cents a
bushel. Part of this is an actus!
cash loss. The rest of his deitls have,
by mutual consent, been transferred
over to the May delivery.
Most of the speculators, however,
have an eye on the huge pile of prof
its which the Pattens made In th
recent wheat and cotton "corners"
and have readily consented to ad
vance the time for delivery from De
cember to May in the hope of getting
a larger share of that pile.
Mr. Patten when seen last night
said:
"I decline to go into the details
of my corn transactions, but tlv
story that I stand to lose several mil
lions is all bosh. My paper losse
so far have only been $200,000 am
even if corn should go up ten cent'
between now and the time of May de
livery, 1 would lose only about $500,
000."
fit
T 5
ASHEVILLE, N.
FOOTBALL MAY BE
REFORMED BY THE
ATHLETIC ASSO'N
-.'
Stagg of Chicago University
Gels up to Make a
Funny Motion
HE WOULD CUT OFF
NEWSPAPERMEN
Leland Stanford University
Has Adopted The English
Rugby Style
NEW YORK, Dec. 2S - The inter
collegiate Athletic association voted
tonight to leave to the rules commit
teo tho ftVulon of present football
rules so us to eliminate ;is far us
possible fatalities and serious urcl
dents.
Professor Alonso A. Stagg of the
University of Chicago, made a motion
which would prohibit all ofllcials of
football game, including umpires, ref
erees, and all other participants, from
talking to newspaper men after the
game. Stagg made a strong appeal
for this motion saying that he had
been grossly misquoted' at times, but
the convention defeated the motion
by an overwhelming vote.
The revision of the game was or
dered, I; is understood, with due con
sideration of the association of Yale.
Princeton, Pennsylvania, Cornell and
a few other institutions which are not
members of the Intercollegiate organ
isation. Harvard has Joined the asso
ciation, but Its representative let it
t.e Ipown that his Intention would
not be bound by the new football
rules of the association although It
would recognixe. its regulation ot
other minor sports.
(iono to Rugby.
A letter was read from David Stnn
Jordan, president of Leland Stanford
jr., university, stating that the Amer
ican game had been abandoned ther
and that the English Rugby gam
had been found satisfactory not only
to tho students ,but to the spectators.
West Point submitted resolution!
which called for a radical change In
the playing rules, but these, with
other 'resolutions, were submitted hj
the resolution offered by Mr. Hall oi
Dartmouth. It became apparent tha'
the larger colleges were in favor ol
the present playing rules, perhaps n
a modified form, and that the amallei
institutions were violently opposed ti
them. The representatives of nearly
(Continued on page 4)
NOW IT'S FRANK GOULD
Dancer With an Eye to Ad
vertising Advantages
Jumps into Prominence
FILES SECOND SUIT
NEW YottK, Dec. 28 Bessie I).
Vole, in private life itessio Van Horn
the little dancer who is suing Fran
Jay Oould for $250,000 for allege,
fraud In connection with a promts
she nays was made to marrv.her, ha
supplemented that action with a sui
for $100,000 for slander against Mri
Edna T, Klayhack of No. HI! Kas
Seventy-fourth street. Mrs. Shiybad
Is the wife or W. A. Sl.iyba.-k. tb
Junior member of the ilrm of Slay
hock & Co., brokers, No. 32 Broad
way.
In the new action Miss De V..b
swears that statements derogatory t
her were made by Mrs. Klayhack b
Mr. Gould and were responsible vet
largely for the sudden change of hear
the young millionaire experienced ii
respect to Miss De Vole. The latter
says she. has three witnesses, "prom
inent In New York society, whom a I
the. money In tho world could no
buy," and that they will testify In lie
behalf in the glnyhock case, and a Is
In the Gould case, which may or mn
not precede the Slaybark case.
Denies Knowing Mls He Vole.
. The action against Mrs. Slayhact
was begun late last October. It a:
not until recently that the process
servers could find her. When the;,
did. according to their story, she ve
hemently denied 5.11 knowledge of
Miss De Vole. Papers In the hnndi
of Miss De Vole's legal advisers In
dicate that Mrs. Blaynark and he
husband were friends of tho dancei
during the days when It was expect
ed ahe would become Mrs Krani.
Jay Gould. Among these papers are
letter alleged to have been wrlttf n
by Mrs. Slay back inviting Miss !
Vol to her house, and telling hei .
among other things, she ia "ruz
about tho Easter bonnet" she sent her
Last Christmas Mrs. Slayback. it it
said, aaaisted Mr. Gould In selecting
a present for Miss De Vole. This
nresent was a string of pearls.
Miss De Vole's lawyers sav she wa
sent to Philadelphia when Mrs. F. J
Gould's suit for divorce was pending
jiere but that during that tima m
(Continued on page I)
C, WEDNESDAY MORNING. DECEMBER 29, 1909.
ZELAIMl declares he is
Is Leaving (folintry in Hope
MexlctNor is He
CORDOBA, Mexfro. Doc. 28. Jose
Santos Zelaya denied today that he
was a prisoner In
e bands of the
Mexican officials In
any sense of the
pfcatically that
word. He stated
such was not the lease and that he
was free to o whe o chose.
Zelaya declared
hat he favored
friendly Interevntll
on the part of
Mexican and Unltid. States govern
ments, to the end that a consolidation
of all the Central mertcn republics
might be brought about.
Ha auld that he believed Secretary
Knox was now realizing the injustice
f his attitude toward him and de
clared he never understood why the
secretary should have molested him.
He might go to Belgium to live, he
said.
In any event, he would not return
to Nicaragua until .peace Is restored.
It was his opinion that the war would
end within two months, but he would
not venture an opinion as to which
of the combatants would be finally
successful.
Is Head of Government.
In a statement made to The Asso
ciated Press representative on the
train in which he la traveling to
Mexico City, Zelaya said that be still
was the head of the Nfcaraguan gov
ernment. He was leaving the country
for an Indefinite period In the hope
that affairs there would quiet down.
In support of his declaration, he ex
hibited papers attached to which
were government seals and ribbons.
These papers, he said, contained the
proof of the truth of his statement.
In further supHrt of his claim it
was pointed out by members of his
iMirty that the Guerrero floated the
CIGARETTE WHIFF
WAS SMOKE OF DEATH
While Courting Princess
Nicotine Morpheus Over
took her with Fatal Result
NEW YORK Dec. 28. liella Mor
ris, twenty-three, went to tin Irving
ton hotel. Irving place and Hiurteenth
street, early yesterday morning -tnd
retiring, smoked a cigarette. .She fell
asleep and her cigarette set f re in the
bed clothes.
The tlamee awoke her and she
screamed. Rhe tried to lump frum
bed, but was choke! laze. Her
cries were heard by Thomas Pitman
of No. 3 20 West Forty-first street,
who broke Into the room and extin
guished the flames with buckets of
water He was slightly burned.
Miss Morris was unconscious when
teken from the bed an IT. Taylor
was summoned from Belevue hospital
She w;.a taken there and died in the
afternoon from her burns.
WA8HINGTON, Dec. t. Forecast
for North Carolina: Generally fur
Wednesday and Thursday tight mtxl--te
to west winds.
3ml
E CITIZEN.
And Santa Claus Gets All The Credit.
OF JSICARAGUAN GOVERNMENT
That Trouble Will Quiet Down. Is Not Prisoner in
Wealthy He Says. English
Him on Board.
Nlcaraguan flag at her masthead If
addition t the Mexican flag.
Not Very lUcli.
The reports concerning1 his wealth,
Zelaya said,, were grossly exaggerat
ed. His fortune Is not over $2,000,000
gold, and Is Invested mostly in Nlca
raguan government bonds. He claim
ed to have advanced the $50,000 paid
on the Emery claim as a personal
loan out of his own funds, there hav
ing been no money In the government
treaaury at that time. TW jmivmwJ,
he said, had never been refunded to
iilin. He strongly denied that h had
wrongfully obtained any part of his
fortune through concessions of which
he had the disposal.
Asked about the conditions impos
ed by the British government In reply
to his request for asylum aboard the
i Itrltish cruiser Hhearwater, Zelaya ad
mitted he was told he could board
her only with the understanding that
he was to agree to leave Nicaragua
forever. These conditions, ho said, he
declined to accept. Mexico, on th
other hand, he declared, made no
reservations In granting him permis
sion to board tho Querrcrs.
KtfrRAOA DFA'LINEM TKHMH.
WASHINGTON. Dec. 28. Oenerul
' Estrada the revolutionary leader In
1 Nlcaraguan, will not accpet the extra
; ordinary terms proposed by the new
j President Mndrlx, as a 'basis for
I peace.
! A tejegram from Klueflelds received
jlate last night states that on the
I twenty-second Instant Madrlz had
I proposed in a telegram to Estrada, a
I suspension of hostilities, pending the
arrival of a committee which he was
I sending to ICstrada to discuss an ami
OFFICIAL
VIOLENTLY INSANE
Hecomes Having Maniac
While Working at Desk in
His Private OHiee
PHILADELPHIA, Dec 28. Ber
nard H Hall, second vice president
and traffic manager of the Philadel
phia and Reading railroad company
became violently Insane today In his
office In the Reading terminal, the
company's big office building, and af
ter a snuggle was removed to a hos
pital for the Insane. Policemen hasti
ly summoned, found Mr. Hall on the
floor handcuffed and held down by
several officials of the railroad. It Is
believed that overwork was the cause
of Mr. Ball's breakdown.
Mr. Bail was recently appointed
second vice president. He was con
sidered one of the greatest experts on
freight traffic In the country.
For a week Mr. Bull's associates
noticed that something was wrong
with him. He was Incoherent In
speech and purposeless of action.
Mr. Ball ia sixty-one years old and
is a native of Oneida county, New
York.
I.IGIITF-D OWSf PYRE.
i LAI'REL HILL. Fla.. Dec. 28.--
Jonathan Nichols, an aged white man
employed as fireman at a sawmill
here, started a fire In the furnace at
a late hour last night, and being cold,
fell aaleep In front of the tire. When
he awoke his clothes were aflame and
before the flames could be uttlngulsh-
d he had been burned so badly that
be died tfhorlly afterwards.'
still
Ship If afused to Permit
cable and equitable settlement of the
present strife, Madrls ibaggsd the
revolutionary leader not to obstruct
his efforts for peace. General Estrada
In his reply expressed his willingness
to meet the Madrls commissioners,
but said that the revolutionists would
not recognise the action of ths leg
islative assembly In placing power In
tha hands of Madrls. He denied most
emphatically the assembly right to
deal with the .alectloa of . presidaiU
and stated that h saw In Mndrlg tho
usurper tha -rights ni.tha Nlcara
guan people, . , .-'..- . ,T
' Terms Offerrd.
The terms upon which Madrls Is
willing to msks peace, It is believed,
are shown In a letter which purports
to have been signed by him and ad
dressed to a friend.
He, says further that tha revolu
tionists should recognise his govern
ment and that after such recognition
both armies should be disbanded, all
arms and ammunition being turned
over to him.. H states that he would
recognise ths debts and contracts of
tne revolutionists and that within six
months ha would look or ths holding
of an election, he guaranteeing free
voting. He adds that ha would turn
over such power as- he had Impar
tially to the person elected president
and that he would accept any other
proper ocndltlons. It Is not doubted
here that Estrada's known astuteness
will prevent him from accepting
terms of peace predicted upon the
prior surrender by nlm of his army,
arms and ammunition to his enemy.
Therefore, it Is not believed that the
conference between Estrada and the
Madrls commissioners will result In
any particular change In ths present
status.
ICE PACK BLOCKS OHIO
T
May lie Weeks Before the
River- Packets Can Re
sume Operations
PITTSBURG, Dec. 28, With Ion
upon tons of ice piled high against
the piers of bridges spanning the
Ohio river here and at points below
Pittsburg, river traffic has been en
tirely ubundoned and river men are
preparing to cope with one of the
worst Ice packs ever experienced In
the local harbor.
An estimated ten million bushels
of coal has been diverted from its
usual river transportation to South
ern points and cars are being asked
for from all railroads by coal opera
tors who realize that It may l.e wevks
before the packet owners ran again
take up ths work of transporting
the coal fleets down the Ohio.
At Pittsburg river navigation ceas
ed Christmas day.
At Wheeling, W. V river men re
port danger to craft in that narbor.
Precautions have been taken to avoid
losa of property along tho water
front wtvere many packets snd empty
coal fleets He tied up.
From Wheeling to New Martins
ville, W. Va.. a distance of thirty-five
miles, a solid sheet of Ice marks the
course of the Ohio river. Weathet
conditions st ail points do not Indi
cate any marked change In th.
weather and it Is the prediction of
river men that the present severs
conditions will prevail for 'at least
a week If not for weeks. '
Associated Press )
Leased Wire Keports.
PRICP, FIVE CENTS.
FORT, PER KM
WASTED IN 6RAFT
1 i '
Judge Voices Severe Arraign
menl of American People
end Institutions i
RAKEOFF COMPUTED
AS PART OF EXPENSE
No Public Entcrprlss.ho Says.
Can be Undertaken With- ;
out Computing Graft !
TROY, N. T Dec. ,"Ths ags
of patriotism has yielded to the age"'
nf commercialism. Uppermost In the
human mind today It nut ths Btnrw -snd
Htripes, hut tha dollar murk,"
Huch was the ilnclarntiott of Su
preme, Court Justice Wesley O. How
ard In an opinion today reducing the
compensation ftf members of a com'-'
mission appointed to sppram dnmurV
ges to property s resulting fi'om tlia
construction' of the Ashok an resort "
voir In Ulster county, which is to furi"
nlsh a witter supply for New York' -city.
( . , ,;.,'"" "V
"While the commission . furnishes
avwnue for the reckless escape of
many dollars, there are othsr ohun ,
Pels of leaktgc .and wastefully as
appalling,; sold Justice Howard. , ,
t.rnf t yivcrvwIiKM. .'- . , "
"It Is gTHiitly.io be regretted that
no public enterprise ran t projected,
and consummated without this up-
palling lose, colled 'graft. tlrart Is "
not necessarily an Illegal expenditure
of money,' hut It Is that unnecessary,
wasteful uso which characterises Ute
construction of every public venture1.
At least forty per cent of nil money ;
approprUMed for public use is lost in '
graft. Ail things could be possible
If Ala frightful leak could bo stop-ped-roads,
canst, libraries, asylums
and hospitals. ' ' ft I
people Indifferent.
' "draft la a product of our time1
end Institutions, !lt la h -ncnple who
rc.ceioi)iliia,;3:hey. r .
Mia even spoil and booty ta deph-ie
their resources whenever any great
undertaking la ventured by themi ami
thsy look with compliance and to'.eru.
tlon and Indifference at ravages pnti
their property. O raft is aa much an
element to be reckoned with in com
puting the cost of public structure
as is cement or lumber,-. It iiaa coma
to be a matter of course this rake
off a Joss recognised, by. , all h'
make estimates, of cost In such ewe.
A publio structure built honentiy
would be a freak." ' v .
Justice ' Howard declares that tlip
"whole project of ths condemnation
of land 'In the Aahok Aallsy I .
characterised by -waste, disorder end :
confusiogL".. ' '" " ' ltHZ3
W0ipilS,pLL5:.
HUES'!
BY A BROOKLYN ' PASTOB
(lorgcous Heaigear Faded.
Before the Mandate of
Rev. W. I. Southerton '
SILVER ONLY FOR HIM
NEW YORK. Dec. 1 8. The Rev.
W. I. Bouthertony acting pustor of
t )ms Baptist Tabernacle at Third ave
nue and Schcrmerborn street, Brook
lyn, not only attempted. 8unday night
to carry out an' order of thi former
paetor, the Rev. Cortland Mrri wltbr
regard to women removing their hats
in church, but he issued a notice
that only sliver and gold coins wouht
be acceptable In the contribution
boxes.
In a circular he had distributed last
Friday In the homes of ths membors
of the congregation Mr. Southerton,
explained that he believed millinery
displays not only obstructed the View
of those who might desire to see tho,
pulpit, but that some Mtreme crea
tions In head dress oven distracted
Attention from the service. He al
called attention to the fact tha thti
contribution boxes had been filled of
late with a VBrloue assortment of min
ing products, Including much nickel
and copper.
"At a apeclal musical service on
Sunday evening," the notice rsn, "la
dles will be expected to remove their
hats. Also nothing lese. than silver
coins will be expected."
The Rev. Mr. Myers enforced hte
order regarding millinery by talks tm
the subject from the pulpit snd was
more successful than his successor.
Only about half the "women . present
last night removed their bats. Birds
of paradise, sjrgettes , and ostrich
feathers held their high place on
many heads.-, s.'. ; -.'
When the collection Was taken tj
the pastor's wishes were not compiled
with any better. 1 ' Golden colored
coins were freely pnlced In the dark
walnut boxes, but most of them prov
ed to be new pennies.
S1EYS