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