' THE WEATHER:
FAIR
THE ASHE WEE 'CITIZEN.
Citiien Want Ads Bring
Results.
VOL. XXVII,. NO. 81.
ASIIEVILLE, N. C, TUESDAY MORNING, JANUARY 10, 1911.
PRICE FIVE CENTS
MBS
SGHENKFAGES
G GHAHbE
. PERFECTLY CALM
She Helps Select Jury Which
Will Decide Her
Fate
S EG H ETA R Y M EYER
EXPLAINS TRDUBL
E
GVER BATTLESHIP
Says That Governor of Ar
kansas Misunderstood
Real Situation
YOUNG MARRIED MEN
COMPOSE THE JURY
DENIES THERE WAS
ROBIN'S SISTER IS
LI
1D6ED
Ti
ON PERJuRYCHARG
Powerful , Financiers Have
Calmed Flurry Which
Robin Created
Lawyer For Defense Charges
a Conspiracy Among Hus
band's Relatives
mushlpCan'tbeHeId Await
rog Pleasure and Conven-
lence of Governor
WHEELING, W. Va., Jan. 9. A
Jury was selected on the first day of
I he trial of Mr. Laura Farnswworth
Schenk of this city who la charged
with administering poison to her
wealthy husband, John O. Schenk.
After tilling two panels of talesmen
Vhe twelve who will hear the evidence
Were decided upon lust before ad
journment of court tonight, but not
I etore th state had struck off two,
ond the defense six of the panel of
twenty.
Mrs. Schenk. in stylish attire, had
been brought from the Ohio county
J.U1 to the court room, and showed
l.nat Interest, in the examination of
the prospective Jururs. Frequently
die suggested ijues.lons to her coun
sel. (Several times, following whisper
ed consultations between Mrs. Sohenk
business and so
cial connection of the talesman and
t'.io behenk family were oeveiopeu.
c.henlt nuneared satisfied with
MKt of the Jurymen, the majority of
vhom are young married men.
Tk.' i.rltiim talesmen were excus
id because of their positive opinion
uf the case.
When the Jury had been empaneled
.ftnmpvi maJo their opening
statements to the court. The intro-
.vtAnnee will betCl II tO-
uiicuvu - ............
... in liia statement, prosecut
i-r attorney J. B. Handlun said that
hnt the wife had actually
succeeded in administering poison to
fcehenk wu the main point dwelt up-
..tlm..A tluit the state would
. '.wi- hnir that lead -poison was
S-.m.. Administered and that ny
w?.' .!-, J -ivin ac.henk. he said.
. .i frm r.nrone strong and
. ..,i.h in Mov. and . within a few
t-ays the effects of the deadly drug
veere noticeable:
t t t n-nrien. Mrs. Schenk s at-
.!.,' onirnoil members of the
fnmllv whom he claimed had
( Contlnncd on Page Four.)
ANY DISCOURTESY
"iSHINGTON, Jan.. 9. In re
spoit to what he characterised
rath acrimonious communication
fromie coventor of Arkansas", Sec
reiarior the Navy Meyer Issued a
8taterit today explaining- the 1m
practisjiiity 'of postponing the
launchW of the battleship Arkansas
In acxijance wMh Governor Don-
aghey suggestion.
uovebr Donaghev complained in
his lettithat the navy department
ignored m anl the officials of the
state of kansas in the preparations
lor the inching of the Arkansas
and eharlj Secretary )UI "being guil
ty not oi. of gross discourtesy to
the repre(,tative of a sovereign
state", jbii that he had "subjected
mmseii ti-ritlclsm that c;nnot be
adequatlyixpressed In an official
omnrujlcaLn from the representa-
Uve ofa site to un officer of the
federal fmt4,mcnt."
Pn Ver's Statement.
Secrelry lever In his statement
regrets the Ulsunderstanding under
wmcn b avernor of Arkansas
seems laht- and hopes that the
state i fiii ample opportunity
later tolxj.rs Us appreciation of
the act t naming the battleship for
that star
Goverf IXihnghey had announc
ed that stH'lp would take no fur
ther resipiDlliV for the ceremonies
of Janud 14.
SecreblMeyer believes that Gov
ernor DJghey is unfamiliar with
the custtf surrounding the launch
ing of a Itleship and declares that
the navyjpartnnt j. -merely an
Intermedil between the ahVpbuild
ing eomptfti,a the state 6t city for
whkh a iipshlp is named In the
matter obtaining a sponsor to
christen tphip and the attendant
ceremonies
Secretar4eyer asserts that w-hen
he was nod by the New York
snipuuiiainjompany tnat the bat
DENIAL OF PARENTS
STILL CONTINUES
Another Dramatic Scene Is
Enacted as Grand Jury Re
turns Indictments
(Cotlj on Page Three. )
NEW YORK, Jan. 9 Aside from
progressive work of reorganisation
and reconstrution In affected Insti
tutions which will necessarily extend
over the week. New York's bank
lng situation Is normal tonight; timid
depositors are reassured, the stock
market la optimistic, and Joseph G,
Robin, whose operations caused the
flurry, is still In the Tombs.
With powerful financial Interests
behind the Twelth ward bank and
the Nineteenth Ward bank and with
the absorption of the Madison Trust
company by the Equitable Trust
company, these three institutions,
whose Integrity, had been questioned
because of affiliations directly or In
directly with the Carnegie Trust
company, which was closed as a re
sult of Robin's operations, weather
ed the day not only successfully but
with such aggressiveness that there
were no runs and almost normal dp
posits.
Another member of the Robin
family entered the Tombs tolay Dr
Louis Roblnovltch, sister of Robin,
was Indicted for perjury and re
nwinded in default of $3,000 ball.
She had sworn In an effort to have
Robin commltteed to an asylum and
his estate taken over by a commit
tee that she and her brother, Ed
ward, known us Edward Robinson,
were his only heirs ot law; But
investigation disclosed an aged couple
which the prosecution contends are
the parents. On this discovery the
Indictment Is based.
There was enacted aa the grand
Jury filed forth with tha Indictment
against Dr. RoMnovrcch a seen stiff
liar In dramatic aspect to the recent
repudiation of the old pair hy Robin.
Both old persons had been wit
nesses before the Jury as had the
alleged son, Edward. Robinson.
When they met face to face in the
court room tho elderly woman at
tempted to throw her arms around
f The Man With a Claim.
E ak
- ...I 1 .-i.i i.i .1- 1 1 11 1 i.i.i ...... , .. .... , . -. .
Oot.tlni.p4l on Pair Five)
LE!
SESSION. ftDJUNUN
RESPECTTOREP.STEWAHT
Delegation of Five Attend
Funeral of Montgomery
Member
COMMITTEES NAMED
rAI.FIGIT N. ( Jan. 9. The
senate and house both held very brief
Rcsslons today, adjourn'r.;,- out of re
spect for memory of Represen
tative John L. Stewart. 01 naomu".
ery county. Kitting resolutions 01 ie
sp. c t erc adopted, and in the house
G.-n. J. S. ( nrr paid eloquent tribute
to the de-ceased and to Confederate
toldit-rs in B.n.i.il. A delegation of
two senators and five representatives
was Kent with the remains of Rep
resentative Stewart to Star, Mont
gomery county, as a special escort.
Speaker Uowd announced today a
number of committees. hl3 purpose
being to complete the list cnriy in
the present week. The finence com
mittee Is headed by Doughton of Al
leghany, propositions nd grievances
by Koonce of Onslow, hanking and
. i... t a v.T riT Durham.
, v... re .mi.. .f'
building aan Kniui.us .
llsh by M Williams oi nyue,
j oy i.f.iti--
Wake
Wako, judicliiry numix-r t ny eon-i
f Wil-on lustiee of peace 1V
li-.h.im of Heaufort, health by Mc
rh)iil of Itobeson.
MIOTTST A; IXST TAX
tHvea from more than thirtv fcrtl-
l'Klng plants thrnnsnnisi mo ioubhj
will -all on Preid.-nt Taft Wednes
rtav to protest against h" German
potash tax and to urgo the president
. Vil. iniliienre and that of the
state department to give them some
from tne ourueu
complain.
r.li-f
they
STAXDARD OIL PAVS 1'IXE
wrppAtn v V .Tiin. 9. The
Standard Oil company paid Into the
federal emirt $2S,". the line as
imincf it for accepting rev
tn,i. to ta first fir.o ever
HMcn. ,od ' -
, ..... .Y ut Vtn rrn-tfrt rri f n t jrira thS
nmee wu 1 ..I
firosecutlons under the anti-rebate J
law were begun.
CWEIliS HE POSED
FOB PkMJClES
Fake Rea Too Realistic
For Wnor of
ca3
MACHINjMASHED
DALLAS, Tex.ln. g jonn j
Krisble's ltorhest,Iame ran away
with Gvernor-elol(lulu of Tex.
as early this ,00 and ,.Uer
smashed into a when Fr3be
attempted to landl a 8nort rtll5ht
As a net result misbehavior
the machine is a nnd tne gov.
ernrr-elt and thtor aru ing
congratulated on ,n( from ln.
jury. air. eu.qum crmbed into
the maclune at the,eat of nPWg.
liper photographei0 add t() tnc
...ill.m ..f Ihfl lllf
mechanicians start,h m.,,r
Cameras were all and uM
ready when the gov, Bnifle() hlB
position and struck aKa)nst
the accelerator.
This released the jnery and
for several hundred , tn! mu.
chine boumii"d along jrack ftth
niin a. oo.c. .... ... lt to tJU,
ground. Finally Krwh() was
being dragged aonKtewled In
cutting the string wht.1(1 tne
tlirottle open and the , t(rpped.
Thn governor-elect ee,( Kn)dy
the experience. "I U j cou),j
run one of thfe thin a liItle
while," he declared.
After a short cross uight
the Irish-American glidt la(.
Ini? nenj- the grand St A t
tret above the ground nMlvore,,j
to shut on m momi maf-h-inery
was slow in resin Hjg
machine was pointed dlroward
several fences. The 1 he
Jumped over but lost coi,f thc
planes netore ne icond.
Fribie was thrown sever, and
. 1 1 .
momentarily siunneu uui ner.
wise uninjured.
T PRDVIDI
United States Senators
May Yet Be Elected by-People
McFABLAXD WC
t.-vcicj PITY. Jan.
McFarland of Chicago woT,
cislon over Johnny .Mct.arij
Francisco In a ten-rounu
tonight
DEPEW PLANS KILLED
WASHINGTON, Jan. 9. At a
meeting of the senate on the Judi
ciary, held late today, a decision was
reached to report favorable the sub
committee resolution authorizing an
amendment to the constitution pro
viding for the election of United
States senators by direct vote of the
people.
The controversy in the committee
turned upon the question as to
whether the state or the federal gov
ernment should supervise the elec
tions. The sub-committee's provision
directs that "thn times, places and
manner of holding elections shall be
prescribed In each state by the leg
islature thereof."
Senators Depew and Nelson both
offered amendments giving congress
the power to regulate, but the Sou
thern senators opposed these pro
visions as most prejudicial to the
interests of their constituents, some
of them going so far as to assert
that the measure would bo more ob
noxious than tin Force bill of the
early nineties which caueed one of
the most famous of the senate fights.
Thc two amendment were voted
down 8 to 3.
While grevitly encouraged over thc
progress made, the advoeates of the
change, which would take the elec
tion of senators from the state leg
islature and place them In the hands
of the people, are by no means san
guine of immediate success. There
is strong opposition In the senate to
the provision, and there will he lit
tle difficulty In preventing action dur
ing the present session. The measure
will die with this congress so that
it seems probable that It will be
necessary to travel the road again
next session.
ARGUMENT IN TOBACCO TRUST SUIT
IS PUNCTUATED BY MANY QUESTIONS
Rapid Fire ojf Questions From Justices of The Supreme Court Continually Interrupt
Attorney McReynolds as he Argues Case For The Govern-
3n j.
WASHINGTON, Jan. 9. Where to
draw the line' between legnl and il
legal restraint of Interstate commerce
waa rhe burden .of a rapid flra of
questions today ' n the re-argument
before the Supreme court of the
United State of ' the dissolution suit
against the Amnfrlcan Tobacco cor
poratlon. Before: they could be
answered, another fusillade of ques
tion concerning- what the SUermsn
anti-trust law meant by the "monop
olizing' of trad had opened.
'Generalities are very good," amid
Justice Day to 3. C. : McReynolds,
one- of the UoA.(toh''or tho thjwtwd
State, "but It seems to me that the
government ought to have an expla
nation now of what the law means by
monopolizing.' "
Mr. McReynolds had just resumed
his argument, when Justice Holmes
asked:"
"Do you think that to buy out a
man and make a covenant with him
that he will not engage in the same
business In a certain time Is unlawful?"
Prrrodcnt Established ,
Mr. McReynolds said that the Su
preme court had decided that control
of a major part of business was suf
ficient for the court to act and that
the business of tobacco corporations
came within the line of decision lay
ing down that rule.
Justice McKenmi suggested that
the court In arriving at a decision
must have a bails on which to go.
He wanted to know on what basis
ment Against Trust,
the government would have it ad
vance, The attorney repeated that
tho decision of the court announced
were sufficient to decide the Present
case.
"If I may ay so, 1 believe,' eon-
tinued Mr. McReynolds, "that the
court will make & great mistake If
It attempt to decide ln thlr cas all
that the Sherman anti-trust law
mean. There i a borderland out
Into which it I not necessary to ro."
Chief Justice Whit suggested that
where her was borderland there
was , border. 'v '-
--plilr Jnsttp JglitoiM J
"Where I Jt?" Inquired the chief
justice. "What I your theory of the
law, I nsk you, and you respond that
your theory I that we have decid
ed thl case In your favor."
Mr. Mc Reynold said that hi the
ory was that the law. Intended to
prevent Interference with the free
flow of competition In commerce be
tween the state and that any com
bination that waa sufficient to in
terfere with the free flow was with
in the Sherman anti-trust law. Me
explained that he had In mind u
material and direct obstruction of
commerce.
"o you maintain that It take 51
per Cent of a trade to affect a ma
terial obstruction?" Inquired Justice
Pay.
"Your honor havo held that II
per cent was sufficient to com with
in the law," was the response. "If
a combination of less I held by this
court to be sufficient, that It better.
I do not believe that obstruction by
two little fellow U mifflcleiit,"
'...'. Mor Question. .
Juetlc Lurton. wanted; to know If
he considered that ' "unreasonable1
restraint waa meant by the statute
Air. MoReynolda replied that he did
not. that ''material and dlroot" re-
OraJnt rather ' than "unreasonable'
wa meant la reply to the chief
Justice, Mr. McReynold r said that
he considered the law distinguished
between restraint of trad by an In
dividual wrUt million la Ma pocket
and re t rain t by a combination of In'
dividual using an Incorporate firm,
Mr. McReynold concluded by Mat.
ing that "If you want le a a bals
we have It her I If you want Intent
we have Intent to restrain; whatever
you want, we have the eentll ele
ment in their case."
After Mr. McReynold concluded,
DeLancey Nlcholl opened for the de
fendant. He said he would try to
show that the dark and sombre col
ors In which Mr. McReynold had
painted the defendant were not true
to life. No Increase In price to the
consumer had occurred slnoe the er
ganliatlon of the corporation, he
said, but price of leaf tobacoo had
nearly doubled. The lower court"
had announced, he Added, that the
record waa remarkably free from In
stance of coercion and oppression,
The arguments will be continued
tomorrow and the next day.
OF
GET TWENTY YEAH TERMS
Among Those Who Escaped
from Atlanta Prison with
Soldier's Aid
WAXTS APPROPRIATION
WASHINGTON, Jan. 9. Secretary
of the Navy Meyer today asked the
house for an appropriation of 959,
000 to restore the dyke ond fill at
the Key West naval station, ' ,
ATLANTA, Ga., Jan. 9. Harry
Ingdon and Edward Ilrooman, two
f the five men who escaped from
he Fulton county Jail a week ago
y sawing steel bars and letting them
selves down from, the fourth floor by
blanket rope, were today sentenced
to twenty years In prison for robbery
nd burglary. lirnoman gave his
nine as Albany, N. Y.
A. R. Knox, known as the "drug
store bandit," pleaded not guilty. His
mother, Mrs. Martha Perryman, of
Birmingham, Ala., took the eland and
tated that his tendencies toward
rime were due to a severe blow on
the head, received when he waa five
years old. Chas. Button, hi partner
n the alleged hold-up, will be ar
raigned tomorrow. It was stated to
day that Colonel Van Orsdale of the
seventeenth United Mate Infantry at
Fort McPherson, has decided not to
courtmartlal the soldiers charged
with gfvlna- the files to the prisoners.
If sufficient evidence Is produced the
soldier will be turned over to the
civil authorities.
LOCKED IN ROOM FOR DAYS
No Theory to Explain Pecu
liar Death of Citizen of
Salisbury
SALISBURY, Jan. 9 A. C. Frank,
aged forty years, a native of Iowa,
was found dead In his bed ut a Sal
isbury hotel tod.;y.
He had been I cked In hi room
for several days snd forbade anyone
to enter. When he failed to appear
today the door was broken by an
officer and It was found that he had
!wn dead several hours.
He was never married and lived
In seclusion, though much liked.
WILLIAM WinTTVO DEAD
WASHINGTON. Jan. 9.Forecast
for North Carolina: Fair Tuesday
and probably Wednesday, moderate
north to east winds.
IfoLYOKE, Mass., Jan. 9. Wil
liam Whiting, president of the Whit
ing Paper company, and former con
gressman, died at his home In this
city tonight of chronic kidney trou
ble. Mr. Whiting was ono of the
most prominent paper manufacturer
In the country, and was widely known
In national republican council. He
waa a delegate to several national
republican conventions and was a
close friend of the lata President
Wm. McKlnley. Mr. Whiting was
born In Dudley, Mass., March 14,
1841.
DELEGATION ARRIVES
WASHINGTON, Jan. 9.Headod
by Governor Jared Y. Saunders, of
Louisiana, and Mayor Berham, of
New Orleans, IB of ' Louisiana's
most prominent dtisens cam to
Washington today In a special train
to present their claims for New Or
leans as ttr place to hold the ex
position marking th opening of the
Panama) canal hi 191J.
ALMOST LOSES LIFE FOR
Attempt is Made on State
Senator Who Left Sick
Bed to Cast Vote
NEW TORK, Jan. 9. Threat up
on the life of Congressman Otto G
Koelkor, who vote when stale sen
ator In 1901, resulted In the passage
of the Agnew-Hart anti-gambling race
track bill were brought to light to
day by the arrest of two elderly
men for loitering ln the vicinity of
Mr. Foelker' home in Williamsburg.
The prisoners are tile description,
It I said, of two men who attempt
ed to enter Mr. Foelker's room by
means of a rope ladder early last
Wednesday morning while he slept.
An alarm waa give nby Mrs. Wm.
Merger, the congremman's aunt, and
tho men fled, leaving the ladder be
hind. Mr. Foelker declared today that he
had received thirty threatening let
ters since thn passage of tbu Angnw
Hart bill. The epistles all contained
the threat that he would suffer for
depriving many persons of their
of livelihood.
ALLEGED MURDERERS
CAUGHT IN GEORGIA
ELIJAY, Ga., Jan., 9. Rev. James
A. Kimmons, who with til brother.
Rev. Benjamin, Kimmons. Is charged
with the killing of Carter Ungerfelt
at Mount Plsgah church, In Gilmer
county, several week ago was arres
ted last night together with his son
James and his son In law John
Scruggs.
Item. Benjamin Kimmons has not
been captured. The killing for which
the preachers are wanted occurred in
th churc-h yard at the Sam time
federal officers were raiding n Il
licit distillery nearby.
SPEAKER
CANNON
AC
HURLS
REHEAT USE
Stormy Periods of Last Ses
sions Are Recalled by
Clash
BUT REVOLUTION
Grim Smile Lightens Counten
ance as Majority Sus
tains Ruling
WASHINGTON, Jn. . Speaker
Cannon had his hour of triumph In
the house today, Badly battered In
th three day's storm that swept th
house last March and tor rum him
much of th power that had been
his, th speaker "came back," In a
way that brought a grim emit of
of satisfaction to his rugged coun
tenance and left hi ancient enemies,
the "Insurgents," decidedly discom
fited. Today, th speaker .was sustained.
by aa overwhelming majority on a
ruling which' was Identlal with th
ona ha mad last March when the
house angrily over ruled his decision
through a combination of Insurgent
republicans and demoorata. Today
on the v of their return to power
th democrats voted almost solidly
to sustain the ruling-of tha chair.
Th insurgents twenty-seven of
them stood by their guns and fought
the speaker bravely, But robbed of
democratic support their, batua was
a losing on from th start
lt waa the first big political maneu
ver of tha present session nl con.
gress aiul th regular : republican
wer elated over th result. , They
taunted) th Meritocrats unceasingly
for their change of front . . ev
Vltagerald Inconsistent,
Taunted for hi Inconsistency, Rep
resentative Fitxgerald, of New Tork,
one of - tha democratic leaders In ,th
rule ; fight, retorted that for the
sake of consistency ha did not pro-
pom De ioeiisn. - wnen vnanip
Clark, of Missouri, slated to succeed
Speaker Cannon, voted to lustsln the
chair today on th sum point of
order whlcN furnished tha basis for
tha successful insurgent campaign of
last March, th republican brok In
to storms of apphvuss,"
Representative Underwood, of Ala
bama, Joined Mr, Ftugerald In frank
ly admitting that he thought th
peaker waa right In hi ruling last
March and that h ruled la tin with
tha precedent of th hou.
'But" said Mr. Underwood, "ws
voted to over rul the speaker be
causa ws thought tha time had coma
for a revolution and for tha majority .
of tha house to express its will. At
that - tlma there was reason to be
liev tha . rule commute was at
tempting to obstruct legislation. No
suoh condition agists today and con
sequently there will be no revoiu-
tlon." -.. , -
"Then, when you voted to over
rule th speaker you admit you en
gage In an ' unlawful enterprise?"
snapped Representative Mann, of I III-.
(Con tinned ah Pare FYmr.)
SOUTH CAROLINA CITIES
SH OWED HEALTHY GR017TH
Increase Falls Behind That
of Cities of North Caro-Una
SPARTANBURG LEADS
WASHINGTON, Jan. .-outh Car-
oUna's municipalities having a popu
lation In excess of ' 6,000 made ,
an average Increase of 11.9
per cent during th last dec- '
de. Statistics . of tha lllh en- i
su Issued today show th number
rf ths .place increased from eight
1900 to 13 In 1919. Their total;
ncreas in population was only 19.S
per oertt of tha state's total Increase
1 75,084 for th decade,
Hpartanbung, among tha cities.
made th most rapid stride In popu
lation Increase. Its Increase amount- -ed
to 64.9 per cent. Greenville In
creased 22.7 per cent, whll Columbia
grew 24.7 per cent, and Charleston
only 6.4 per cent '
South Carolina's municlpalitias of
over 6.000 population rank a fol-
lows:
City 1910
Charleston .. .. .. 64,13$
Columbia , . 11.111
Spartanburg ...... 17,617
Greenville 16,741
Anderson . . .. ..... ,9,664
Sumter .. .. .. .. 6,199
Rock Hill .. .... 7,M
Florence. 4 ....... 7,067
Greenwood ....... 6,61
Orangeburg f. .. . 6,906
Union .. .. .. .. .. 4,411
Georgetown .. . 6,5t0
Newberry . . .. ... 6,026
1909
66.697
61.106
11,696
11.669
4.607