THE WEATHER:
FAIR
VOL, XXVII., NO. 84.
EIGHTEEN REBELS
For Three Hours Small Band
Holds Attacking Force
at Bay
PITCHED BATTLE
IN OLD MEXICO
Insurgents Were Victorious
Against Ten Times Their
Number
C0M8TOCK, Tex.. Jan. 12. More
than twenty men were killed In a des
perate battle between the Mexican
federal, soldiers .and a small party
of lnsurrectos on the bank of the Klo
Cranda opposite this place yesterday.
The lnsurrectos had only 1$ men and
for three hours they held at bay
about 78 rurales and about 100 In
fantry soldiers.
Of the eighteen two were hilled
and seven wounded.
B. 8. O'Reilly, correspondent with
the lnsurrectos, received a slight
wound in the thigh..
The arrival of twenty more "lnsur
rectos In the last few minutes of the
fight saved the defenders, and pre
vented what probably would have
been a massacre of the little band.
The original party of lnsurrectos
numbered forty men. They had been
on a raid through the district south
of Las Vacas getting 'horses and re
cruits. For two days a party of 70
rurals had chased the band and on
the night of January 10 the parly
went to the river to water their jad
ed horses and rest, thinking they
had eluded the government forces.
The next morning twenty of the
band etrated for a ranch 12 miles
away to get more horses. The camp
of the lnsurrectos was discovered and
company of. 70 Infantrymen was
mounted end sent to the support of
ths squad of rurales! When they ap
proached the camp of the lnsurrectos
'reparations, were madeto gly them
, hot-'reception: ,TwS"of he rebels
Were set at work packing extra ammu
nition and riftesi on mule back. The
It remaining insurgents took position
In j line- drawn across the trail of
the advancing, , soldiers, ' The firing
commenced at a distance of about 300
yards. The Insurgents poured a vol
ley from their 30 caliber rifles Into
the enemy and three soldiers fell. The
(Continued on Page Two)
Ill I SPECIAL MESSAGE
PRESIDENT TUFT URGES
FORTIFICATION OF CANAL
Will Virtually, be Part of
Our Extended Coast
Line
FIVE MILLION ASKED I
WASHINGTON, Jan. 12. Presi
dent Taft today sent a special mes
sage to congress urging the fortlltcu
tlon of the Panama canal and recom
mending that an appropriation of
$5,000,000 for the Initiation of the
work on the proposed defenses be
made at the present session of con
gress. 'The canal when completed," said
the president In his message, "will
afford only a convenient route for
water communication between our
Atlantic and Pacific coats and virtual
ly will be a part of the coast line
of the United States. Its assured pos
session and control will contribute to
our peace, safety and prosperity as a
nation. In my Judgment it is the
right and duty of the United States to
fortify and make capable of defense
the work that wilf bear so' vital a re
lation to Its welfare, and that is be
ing created solely by it and at an ex
penditure of enormous sums."
The president forwarded to con
gress with his message a modified re
port of the special army and navy
board, which reduces the estimate of
the cost of fortification of the canal
from $1,M6,M3 to $12,475,328 us
modified. The board recommends
that the armament at Panama shajl
consist of eight 14-inch rifles; twelve
6-Inch rlfles-and twenty. four 12-lnch
motors. It Is rocommedod that the
permanent garrison In time of peace
on the isthmus shall consist or twelve
companies of coast artillery, four reg
iments of Infantry: one battalion of
field artillery, and one squadron of
cavalry.
THREE MONTHS FOR RETAILING
VALDOSTA. O., Jan. 11 John A.
Mansor. a wealthy fruit dealer here,
plead guilty to three counts of sell
ing liquor today and was fined a to
tal of $1,759 with an alternative of
tiro years on the chain gang. He
rield the fine, which sets a new rec
ord for heavy penalties for liquor
selling here. j . . .
ISTSIDIEB
E
MRS
sun
TIRED OF HUSBAND
Was Woman Against Woman
When Trained Nurse Took
Witness Stand
RELATIVES CALLED
"DUTCH DEVILS'
"John Is Too Old For Me. 1
Want a Young Society
Blood"
WHEELING, W. Va., Jan. 12. 11
was a Woman against woman at
today's session of the Schenk trial,
when Alma J. Evans, a professional
nurse, testified1 against I .aura Knrns-
worth Schenk and described the clr
cumstances that Influenced her to
suspect that John O, Schenk was be
ing poisoned by his wife.
Her testimony dealt unsparingly
with the accused woman.
It waa Mies Evans who attended
Schenk during his Illness' and (he
state brought, on direct examination,
the statement from her that Mrs.
Schenk had lost her love for the
wealthy pork packer. She testified
that time and! again Mrs. Schenk
Instructed her that If Schenk died
suddenly to go to his trousers pocket
as soon as the breath left his body,
get the keys to his safe deposit box
in a local bank and notify her be
fore the Schenks knew of the death.
'You don't know those 'Dutch
devils' like I do." the witness said
Mrs. Schenk exclaimed on various oc
casions when referring to members
of the Sehonk family.
Arsenic In Wale
The state also brought out through
Dr. Charles Olaser of Johns Hopkins
university, that the first bottle of
mineral water sent htm for an anal
ysis contained three and six-tenths
drops of arsenic to the half gallon
and that the sample of hyomel
quinine which Schenk was also tak
ing contained seven grain of sugar
of lead to, the jounce. J?
Miss Evans further testified that
kept In the bathroom of the suite
occupied by Schenk at the North
Wheeling hospital while the real
remedies being given Schenk were
kept In another part of the build
ing; that the bottles were placed
there as a decoy and that the ac
cused was given an opportunity to
"doctor" them. Mrs. Schenk went
Into the bath room, locked the door
(Continued on I'll go Tirol
GOVERNOR OIX WILL NOT
TAKE ACTION IN EMPIRE
STATE SENATORIAL FIGHT
At Least Refuses to Mix
In at The Present
Time
MAY BE SHEPHARD
ALU AN V, N. Y., Jan. 12.-A pa
rallel between the I'nlted States sen
atorshlp situation In New York and
New Jersey, suggested by some who
are trying to make .Governor Dlx de
clare himself on the problem now
confronting the legislature does not
appeal to the New York governor.
Governor Iix was asked tonight if
he would maintain his silence If lie
believed the interests of the state
were In danger.
"In such a case," he was asked,
"would you not follow the example
of Dr. Woodrow Wilson and publicly
declare yoursc If?"
"I do not agree with Governor
Wilson," was the reply." I think the
legislature of New York state Is urn
ply able to cope with the question.
They are answerable to their constit
uents and must take the consequen
ces of their decision."
A statement that he Intended to
confer with Charles F. Murphy to
learn at first hand the sentiment, of
the New York county democracy re
garding the senatorshlp was all Gov
ernor Iix said today which showed
an active Interest In the contest.
When this conference would take
place he could not say.
"I don't think the situation de
mands a word from me," said the
governor tonight. "If any of the can
didates tome to me I will discuss the
subject with him; but thus far none
of them has visited me on such an
errand.' '
The pressure upon the governor to
abandon his neutral attitude Is In
creasing every hour Friends of
Edward M. Hhepard went to the ex
ecutive chamber today In increasing
number. Thomas M, Osborne, the
new forest, fish, and game commis
sioner and one of the governor's
closest associates, said today that ths
governor was master of the situation
iand hinted that he might have
something to say if a crisis is seached.
lEfl HE GREW OLD
ASHBMLOJ CITIZEN.
ASHEVILLE, N.
MANY MAINED AS
EXPLOSION OF GAS
E
Crowded Five and Ten Cen
Store Torn Asunder by
Explosion
MANY DIE AND
ONE GOES MAD
Scene of Desolation Caused
by The Carelessness of
Workmen
CONNELI.VIl.4LK, Pa,, Jan. IS.
Five dead bodies and twelve more or
less seriously Injured Is the result of
an explosion of natural gas here to
day. It wrecked a well filled five and
ten cents store, setting fire to and
destroying the building, before the
flames-were checked, damaged nine
other structures. The explosion blew
out the front wall of the building,
tearing down telegraph and electric
light wires which hung about spult
terlng and hampering the attempts
at rescue work. Clerks and custom
ers were burned In the collapse of
he buildings and those that were able
to get out had thrilling experiences.
One young woman, whose body was
later found burned to a crisp, went
mad In the store Immediately after
the crash and bit the hand of a man
who tried to rescue her. Another
young woman who perished was Iden
tified only by her shoes, by her father
and two other bodies, those of a man
and a woman, were taken from the
ruins tonight so badly burned that
hey have not yet been identified.
The dead:
Mabel Grace Wagner, aged 18,
cleric In the post card department.
Chrlstobel Smith, aged 18, clerk In
hardware department.
Minnie Mulae, aged 16, clerC,
Unidentified woman.
Unidentified man.
Due to Carclcwiicsn
Workmen who had removed a na
tural gas meter failed to cap the sup
ply pipe, and Just as a porter was In
structed .to-do jso. by the store man
ager, the explosion came. The por
ter started toward the cellar to obey
Instructions and has not since been
seen. It Is thought It Is his body that
lies unidentified at the morgue. No
one remembers the exact sensations
following the explosion. Miss Ada
Mitchell sat at a plnno playing a mu
sic score for a customer who stood
at her side. Both were hurled through
(Continued on Ig9 SU.)
L
ALL ADVANCES IN RATES
Fl
Argument Completed Be
fore Commerce
Commission
DECISION SOON
W AH 1 UNO TO .V, Jan. 1 2. Official
announcement was made by Judge
Clements, acting chairman of the In
terstate commerce commission, at the
conclusion of the arguments on the
eastern rate case today of the further
suspension of the proposed advances
of rates in official classification ter
ritory from Feb. 1 until March 15.
The suspension was made voluntary
by the carriers in order to afford the
commission additional time to dis
cuss and consider the problems pre
sented to lu
The likelihood Is that there will
be a similar suspension of the ad
vances in rates by the carriers in
western trunk lino territory, official
announcement of which will bo made
at the arguments of that case to be
heard next Monday by the commis
sion.
As soon as a conclusion Is reached
It will be announced. In order that
the railroads and the shipping pub
lic may adjust themselves to It, or
take such other action as they may
deem desirable.
"Final statements by counsel for the
carriers, largely In response to argu
ments presented by attorneys for
ths shipping Interests were submitted
to the commission. The burden of
the statements was that the carriers
shown, through an increased operat
ing expense, the necessity for In
creased Income, which In the cir
cumstances, could be obtained only
through the advance in freight rates.
BWkFH ON TRIAL
NEW ORLEANS, Jan. ll The
Fourth day's proceedings In ths trial
of Wm. Adler, former president of
the defunct state national bank,
charged with misappropriation of the
bank's funds In the United States
Circuit court today were taken up
by Investigation of the collateral on
which. Adler made several loan
S BUILDING
O, FRIDAY MORNING,
If This
ROCKEFELLER
ATTORNEY
Before Supneme Court Great
WABHlNQTCrj,' Jan. 1$. Standard
Oil attorney today iufgued before
tha Supreme kourt of the United
States against the proposed dissolu
tion of ths Standard OH company of
New Jersey, aslvtolatlve of the Sher
man anti-trust Jaw, , For three house
John O. MUbufn, of New York, ad
dressed ths -coitrt. Tomorrow Frank
H. Kellogg, of ! Minnesota, will pre
sent the government's side of 1 the
controversy. The arguments will not
bo concluded intll next Tuesday,
Mr. Mllburn! endeavored to show
whaA ,sJloM tMigs4h atttrnteac
of the dissolution decree of the low
er court Would Incur. In his his
tory of chaotic conditions In the oil
business between I860 and 1870, due,
he said, to an over-production of re
fining capacity, Mr. Mllburn Intro
duced to the court the character of
John I). Rockefeller.
Rockefeller a rsenlu.
'There tu out there In Cleve
land," said he, "a young man In the
early 80'c with a small amount of
money which he had saved, who
possessed the gift of genius, lie had
the genius for huslness . and there
is a genius for business just as there
is a genius for war, or poetry or
painting. That man was John D.
Rockefeller. He said that this over
production of refineries waa to be
met by volume of business so as to
withstand the lower profits."
Ho then told how Rockefeller al
lied himself with Andrews, a prnc-
Ical oil refiner, and how with the
exercise of Rockefeller's genius for
business and their consequent good
BHTTEE DECIDES TO
Will Retire Explorer of
Frozen North on Three
Quarters Pay
WASHINGTON. Jan. 12. Captain
Robert E. rcjiry, the Arctic explorer,
was today formally approved In bis
claim for congressional recognition
at the hands of a sub-commltteo of
the house on naval affairs. The sub
committee at an executive meeting,
from which the two principal op
ponents of Captain Peary, Messrs.
Roberts and Macon, were absent.
adopted a favorable report to the full
committee on the Bates bill, which
extends the thanks of congress to
eary and retires him with ttia rank
of a rear admiral in the engineer
corps of the. navy.
Captain Peary now Is. S3 years old
and the action. If approved by the
house full committee and agreed to
by tha senate, will place him Im
mediately on the retired list with
about the same pay (M.000) as he
Is receiving as a captain on the active
list. The report probably will arouse
a lively dlscuslon When it reaches
the house.
WASHINGTON, Jan. ; Fore
cast: North Carolina: fair in . cast:
rain Friday night or Friday afternoon
in west portions: fair, colder In Inte
rior; moderate southwest to west
wind.
I fSj, WHMfR i V
v, .- -i - 1 I.JrW
1
JANUARY 13, 1911.
Warm Weather
WAS A GENIUS SAYS
PUEADING FORSTANDARD
Oil Trust Claims That it Has Never Been a "Monopoly
Nor Endeavored to Restrain The Oil Business of The
United States.
standing among financiers they grew
rapidly. , "-
Mr. Mllburn dwelt particularly up
on the period of acquisition which
he said closed! In 1171, ; the trust
Agreement of 1801 and the new ar
rangement of ownership .In.- 1889,
Acqtilsltlona never had been made,
Mr. Mllburn told the court, with an
Intent to restrain or to monopolise
Interstate trade, Most of the pur
chases were made, he said, before
1871.
' DM Only fttwcmt Tiling
, ' We.beugh that was only tj
decent thing to do if a man came
to Ui," said Mr. Mllburn, "with s
proposition to sell out to buy his
plant at its appraised value. Often
It was practice I ly worthless, and We
could have permitted It go to dry
rot In his hands."
n denied the charges of the gov
ernment that the Standard OH had
ths advantages of such preferences
from the railroads during the period
of acquisition, that it should now
be punished. The contracts between
the railroads and Standard were not
in restraint of trade, he contended,
"when vlewd In the light of the
days In which they were made."
Ills remarks about the re-organisation
of the Standard OH company
of New Jersey In 1800, which Is the
thing which the decree of the lower
court would undo, was summarised
by Justice Hughes.
The Not Result.
"Tho net result," suggested Justice
Hughes, "Is that the Standard Oil
company of New Jersey, after 1890,
Clash of Rival Gypsy Kings
Being Threshed Out in
The Courts
WA D KB HO HO, N. C Jan. IS
Another chapter In the Gypsy trou
bles was written today when Stephen
John and his brothers were given a
preliminary hearing before Justices
tienton and Little on the Charge of
assaulting King Emll Mitchell and
others of his clan. The hearing at
tracted a large crowd and was a reg
ular "circus." It has not yet been
concluded and will go through to
morrow. The followers of Mitchell claim
that tho entire trouble- wss on ac
count or the fact that the John lan
desired to work under their llcense.
and on the other hand the followers
of Ht' phen John assert that the cause
of th trouble was that Kmll Mitch
ell wished to collect tribal tax from
them. At any rule there was a fra
cus resulting in several broken
heads.
SOUTHERN ENGINEER
FATALLY INJURED
WPKNfKR, N. C Jan., W. L.
Lloyd), an engineer on the Southern
railway between Hpencer and Monroe
Va., was fatally Injured In the head
here today by being struck by a han
dlo from the ash pan of Ms locomo
tive. He was preparing his engine to
make a 1 rip and at an unguarded mo
ment received a terrific blow in the
forehead, his skull being crushed In
tino places, a piece of the bone being
driven Into the brain.
He was taken to a Salisbury bosw
pltal for an operation and tils con
dition Is precarious. He has a fam
ily In Greensboro.
This was the third serious accident
In Spencer during Ore past week.
Keeps Up.
stood In the place of the trustees
and those who held the certificates
Issued by the trustees thereafter held
the stock of the Standard Oil eom.
pany of Nwi Jersey." ,
Precisely." said Mr, " Mllburn.
"It Is quite simple when you under
stand It.' Tou , see there .wag ' th
same body of common ownsrs of the
property both Mjore and After 1899."
At this point he referred to th
argument of. tba.. Standard upon
wnicn it i pinning its ralth, In the
prnssnt controversy, that the new
arrangement of 18 did not sup
press competition In any way, be
cause the properties before ltd were
not competing, they being owned
by tha same persona
One objection to the deerse which
Mr, Mllburn voiced was that by
compelling the Btandard of New Jer
sey to give to each of Its stockholder
a proportionate share in each of the
corporations whose stock It held.
the small holders of stock would be
seriously embarrassed. For Instance,
the man who owned one share of
stock in the Standard of New Jr-1
ey would get script for . il cents!
worth of stock In one company and i
11.10 worth In another. This would
not be marketable, he suggested. ,
Furthermore, he made the statement
that the deoree would be ruinous to
much of ths properties, because the
companies had no Independent x
Istnnee. Julius C. Martin of Ashe
ville Is Made Vice Presl
dent of Association
UALKIOlf, N. C Jan- 11 The
North Carolina Literary and Hlslori
cat association tonight elected es
prceldcnt Trof. Edward K, Graham,
of th University of North Carolina,
and as vice presidents Mrs. Frances
Flske Tlernan, better known as
"Chrletlnn Reld," of Salisbury: Julius
('. Martin, nf Ashevllle, and Ml
I'd 1th Royster, of Raleigh. Clarence
Too wns re-elected secretary and
treasurer.
The Patterson memorial enp, of
fered by Mrs, Lindsay I'atterson, of
Winston-Salem, for the best literary
done by a North Carolinian during
the past year, was awarded to Mr.
R. U. W. Connor for his "J-lfs of
('ornellug Harnett." This cup was
first awarded several years ago to
the lamented poet, John Charles Mc
Neil. Tonight Hon. Thomas J, Jarvls de
livered an address In which he urg
ed that a million dollars In bonds be
Issued for a great fire-proof stats
tin 1.1 ilng on capttot squarn, saying
that this could be done with an an
nus! tax of on ry two-thirds of one
per cent on the property assessment
of tho state.
BIXVNT STIMj LEAPS
JACKSONVILLE, Fla.. Jan. 1.
With about four-fifth of the vote
cast In Tuesday's election accounted
for, W. A. Blount maintains his pin
rallty of N. P. Bryan and J. N. C.
Stockton In the senatorial race. ' The
vote unaccounted" for 1 very light
and will probably not be learned un
til th official canvass Blount's Vote
Is 10,710: Bryan's 1,i9, and Stock
ton's ,m, . ,
Citizen Want Ads Bring
Results.
PRICE FIVE CENTS
DEMOCRATS WERE
There Was no Principle In
volved In Recent Fight
on Rules
ChAMP CLARK MAKES
LONG STATEMENT
Entirely Different from Revo
lutlon in House Last
March
WASHINGTON, Jan, 1J. A stale-,
ment outlining the ylew of the demo
cratlo party In the house aa tu the
meaning of the recent rules fight
setting forth tha precedent that
would have been set If the democrats
had voted to over rule Speaker Cttn.
non at that time, was Issued today
by Representative Champ Clark, the
demoeraUo leader of tha house, and
probabls speaker of tha neat con
(ress, Th statement follow
"There Is a tempest in. a tea not
about how the democrats voted on
Hondny on. the question of sustain
ing Speaker Cannon' ruling. Bomo
of the papers have bean charging
that the demortratfi reversed, ttwlr
action of the lttlv of March, 1(10..
This an entire mistake. Kvery
democrat who made speech on the
proposition, pending on the XTth.
Hth. and llth of March, 1110. look
particular pains to state that the
precedents were in favor of the
speaker's ruling on that occasion and
what We ware then doing was revo
lutionary In Its character, '
"I used this language on that Oc
casion. There l bo use to . mince
matter about lb It Is) revolution.
Individually, I am not afraid of revo
lutions, for people of our blood al
ways revolutionise Itv tha right di
rection,
Was Dlffortmc
"The difference in the situation Is
that In March, 1910, we were fleV
Ing to accomplish a great resi.if,
namely, to liberate the house front
tho domination of an oligarchy of
nva of which the speaker was one.
day. 'ho-. was It.' ,,,.
"That ww th committee on rules.
Tha despotism of that old commmlt
le on ru le composed of five men, .
of which the speaker was chairman
had become Intolerable, and w wers
entirely Justified In upsetting all ths :
preendsnta that were ever made lo
emancipate ourselves.
"The question last Monday was art
Insignificant squabble bstween Judge
Fuller, of Illinois, and? Hun. James,
1 ll. liann, of Illinois, . both republi
cans, neither ens-an insurgent, each
determined to .have his own way,'
Kaeh one had a. bill that he wanted
to get uts and that I stl there wss
to it. There waa no principle in
volved whatever. By our votes we
said that ths speaker's decision was
nstalned by the precedent and we
also said by our vote that th mat
ter In controversy was not ot suf "
flolent consequence to revolutionise
the house.
- "There I no Inconsistency1 what
ever In our votes In March, 1010, and '
last Monday. . The speaker can get
all the pleasure out of It he wants,
which I very little, I think. Ths
appeal from his decision wss taken
by a rampant republican, Hon, Jos, '
Holt Gaines, of West Virginia, -.4
stand-patter of the stand-patter.
If lh democrats had over ruled th
speaker by their vtes and thus
creating a precedent, then In ths
tUn congress) th republicans could
have used this precedent thus astab
llshed to arise each day with various
amendments to the rule and by this
conduct prevent any tariff legisla
tion or any remedial legislation of
sny character,"
PRESIDENT ADVOCATES -ESTABLISHING
TARIFF
COMMISSION RT ONGE
Endorses Longworth Bill
Now Before Congress For
Action
SPEAKS AT BANQUET
WASHINGTON, Jan. ll.43lgnlfl
cant progress was made today in ths
movement for th creation of a per'
manent tariff commission. 1 Not only
did President Taft In an address at
tho banquet of the National Tariff
Commlslon association openly en
dorse the Longworth bill character
ising It "as a conciliatory m assure
embodying all the important features
that are necessary to maka the com
mission effective, but early today he
sumoned the republican members of
the ways and means committee to
the white house and urged them to
harmonist tholr differences.
"There are those who oppose the
existing tariff and criticise it severe
ly," said President Taft "There are
those who uphold It as a fair rm -
nre on the whole. Now if .
(Continued on Ta-i
CONSISTENT INTHE
VOTE FOB GANNON