0)
r
THE WEATHER:
, FAIR '
, VOL. XXVII., NO. 85.
SKELETON 111 THE
SCD FAMILY IS
II II COURT
Wife Who Tried to Poison Hus
band Had a Motive For
Her Deed
NOT A WOMAN BUT
"A MAN IN THE CASE'
Strono Intimation Is Made
That Unlawful Relations
Had Been Established
WHEELING, W. .. Jan. 13.
The tedium at hypothetical questions
and technical testimony was suddenly
changed today In the Bchenk case
when, toward jthe .close ot the day",
tha state, through a witness brought
into tha caurt records the first Inti
mation of scandal In Its prosecution
of Mrs. Laura Farnswortb, Schenk on
the charge of administering poison
to her Wealthy husband, John O.
Bchenk, who la recovering. '
. Ever tinea tha arrest of Mrs Schenk
lost November there have been In
timations and actual statements by
the prosecuting attorney that "a well
known u young mam of Wheeling"
would be palled by the ttata to show
probable motive for the allegisd poi
soning. Daniel Phillips, a piano
salesman was called today. He- is a
scion of one of the Wheeling "first
families." Phillips told of long u
toflioblle rides with the accused at
-Jier Invitation for more than 18
months before her arrest. During the
last year, ha said, Mrs. Schenk talked
to him about plans to secure a divorce
and later 'talked almost constantly
of the strong probabilities of her hus
band's death.
Gave Him Presents 1
Phillips admitted that Mrs. Schenk
on various occasions had given him
many Costly .presents, among them a
diamond pin and a Bmoklng Jacket;
but he denied any knowledge of the
purchase for him of a 1300 fur over
sea, which, tt has been alleged,, he
Waa to have received the very day
the -was rate4 aad Jodged. IttJali,
Tha elate attempted several times
by adroit questioning to establish in
timacy between the man artd the de
fendant but: to all questions along
this line 'Phillips refused answer on
the ground' that he would Incriminate
himself. He was sustained by the
court in this position.
' Phillips testified that after he be
came acquainted with Mrs. Schenk
(Continued on Page Funr. '
NINE OUT OF TEN STRIKES
ARE DUE TO EMPLOYERS'
ASSISTANTS SAYS ANDY
Man of Millions Addresses
Delegates to National jDiv
ic Federation
MR. ROOSEVELT TALKS
NEW YORK, .Jan. 13. Nine out
of ten strikes are clue to employers j
assistants, not to any question of the.
money involved, in the opinion of
Andrew Carnegie. Mr. Carnegie said
so today, addressing the delegates
to the National ivlo federation.
"The more capital does for labor,
the more profit the employer makes,"
said Mr. Carnegie. "I have not had
any strikes In twenty-six years. I
have not let any one have any thing
to say about labor but myself.
"Scoltand has outstripped the
United States in its protection for
Worklngmen," said Mr. Carengie; he
though, however, that the working
man's compensation act was a step
In tha right direction, making to
ward closer relationship between em
ployer and employe.
Colonel Roosevelt followed Mr.
Carnegie. He was escorted to the
speaker's stand by John Xltrhell,
former president of the l-nited Mine
Workers of America.
"I want to see this movement take
the form of evolution- rather than
revolution," Mr. Roosevelt said, re
ferring to the purpose of the fed
eration. "I wish to see labor legis
lation always enacted after confer
ence between wise leaders and those
men who are Interested In labor for
the best Interests of the country."
MAY IMPEACH THE
FRIEND OF TIGERS
ANNISTON, Ala., Jan., 13 Im
peachment proceedings against Al
derman J. A. Burgess have been in
stituted for the alleged acceptance of
bribe money from blind tiger oper
ators, promising In return immunity
from prosecution. Burgess declines
to make a statement other than that
he will fight the charges.
SHAKE
THE
CONCEIVED IN SIN;
B ORNIN INIQUITY
WAS STANDARD CO.
Such is The Drift
Remarks Praying For Dissolution
Of The Oil Octopus. .
WASHINGTON, Jan., IS. Painting
the Standard Oil organisation as bred
by oppressing competitors, and hang
ing today as a threatening cloud over
the country, Frank B. Kellogg, spe
cial assistant to tha attorney general
of the United Statics, today pleaded
with tha Supreme court of the Unit
ed States to dissolve the Standard Oil
company of New- Jersey as violate of
the Hherman antitrust law,
He gnae to the court the beginning
of the government's side of the con
troversy. Mr. Kellogg followed the
opening remarks In the rase by
John O. Miiburn, -for the Standard
Oil.
Mr. Kellog went over the early
years of the Standard's business lead
ing up to the central point of the
present controversy, the reorganis
ation of the Standard Oil company of
New Jersey in 1899. He character
ized this reorganization as. amount
ing merely to the substitution of one
Illegal form of holding together the
oil companies for another Illegal
form. The first was the "trust" of
1882 whereby the stock of the own
ers of various oil companies was put
Into the hands of trustees, and the
second, the "Standard of New Jer
sey." Illegal Trusts.
Touching on a point of the defense,
Mr. Kellogg said that if the com pan
ies whose stock was procured by the
Standard in 1899 were not competi
ting, H was because they Were held
together in Illegal trusts, that of
1879 and that of 1882.
"Take away the fear of prosecution
by the government and the Standard
Oil would put every Independent in
this country out of business In five
years." Mr. Kellogg continued, "the
independents can exist only under
the protection of the law."
In connection with this point Chief
Justice White asked if complaints
against the Standard company's were
based upon their methods and if ob
jection was made to the method be
cause Illegal?
"-'They etr-e'-' responded Mr. Kellogg
"Great wealth enables tbem , to' us
tsthd sgmw-ir n tJ i whKm we wp
rehensible In the bands of the corner
grocery man. , -
"Suppose they are a giant, but do
not use a giant's strength", suggested
Justice McKenna. "They'd use that
power were it not for the law", came
the reply.
As To Profits.
Mr. Kellog dtwelt upon the "enorm
ous profits" of the companies as fur
ther evidence of monopoly. The
record did not show where all the
TIRED OE LIFE'S FIGHT
IN SWAAHAR ALBANY
Pitiful Story of Crime and
Suffering Told By Moth
er to Police
WIDOW FOUR YEARS
ROCHESTER N. Y., Jan., 13.
Arrested as she claimed her trunk at
the New York Central station today,
Mrs. Edith Melber, a widow, who
says she is 23 years old, of Schenec
tady, confessed tonight, according to
the Rochester police, that in swamp
near Albany last Friday afternoon
sWo gave her ftle year old son George
carbolic acid from the effects of
which he died. She was then locked
up on a charge of murder In the first
degree and will be taken to Albany
in the morning.
- In explanation of her crime the
police say Mrs. Melber asserts that
she has been a widow four veers,
during which time she has had a
struggle to care for herself and her
child and this battl efor an existence
drove her to take the boy's life. She
is an unusually attractive young
woman and at the end of her exam
ination was unnerved and weeping
hysterically.
When she made her confession, ac
cording to the police, Mrs. Melber
said that she gave the ehild the acid j
when he asked for a drink.
The police say there is a burn as
If by acid, on the woman's hand, and
thlat other stains sre on her clothing
which indicate, they allege, that the
child did not take the acid without
struggling.
Mrs. Melber says that she left
Schenectady yesterday afternoon and
came to -Rochester to look for work.
"HERE OOMKS CARRIE NATION.'
KANSAS CITY, Mo., Jan., 13
Mrs. Carrie Nation, temperence work
er and. saloon smasher, who suffered
a nervous breakdown at the home of
a Triend In Eureka Springs, Ark., was
brought here tonight for treatment.
She was taken to the home of a
Woman physician In Argentine, Kan
sas. Overwork Is believed to be re
sponsible for 'Mrs. Nation's conditon.
She is said to ba extremely weak but
it is believed that a Test will restore
her to pormal strength. Sha is con
fined to her bad part of the time.
''"-.v- '. " ' . . .''
' ASHEVILEE' CITIZEN.
ASIIEVILLE. N.
of Frank B. Kellog's
profits went, he said. For Instance,
there was nothing to show what hap
pened to $21,000,000 out of the earn
ings "of one small pipe line." Mr.
Kellogg said that It was paid to P. S.
Trainer.
"Who Is this man Trainer?" In
quired Justice McKenna.
"Oh tie Is a purchasing agent In
New Jersey" replied the attorney.
The closing words bf Mr. Milbum
were impressive. ,
"Damned, for eiverythng but prais
ed for nothing was the way the Stan
dard OH has been treated by - the
government" said , he, "In 1 their
record covering forty years of busi
ness, all Uin Standard oil has done
la related. It has done soma things
in strenuous times that it should not
have done. It has dona nothing, that
goes to the Issue here. , ,
"The evil of the affirmance of this
decree it is needless- for me to say
would be monstrous. It is fortunate
that the case Is left in the hands of
e court that listens to reason and
never hears the voice of passion and
prejudice." ' , .
i i
DEADLOCK IN SENATORIAL
RACE NO NEARER AN END
Fight in Tennessee Between
Sen. Frazier and Fitzhugh
Is Waxing Warmer
NASHVILLE, Tenh., Jan. .
The deadlock In the senatorial race
promises to .continue for soma days.
Senator Frarler and G. T. Fltshugh,
wiiora471(h'iirBrTh Independent
democrat and republican vota, -both
seem determined to remain In the
race1, and so long as they do the
chances of a fusion victory appear to
be slim'. . Numerous conferences have
been held by the independents in an
effort to get one or' the other to with
draw, but all have been futile.
. Both houses adjourned today until
Monday, and many of the members
have gone home.
FIVE KILLED AND SCORE
INJURED IN WRECK OF
Train Was Standing Still
When Western Express
"23" Ran Into Rear
NEGLIGENCE CAUSE
BATAVIA. N. Y., Jan. 13. Frve
men are dead, two are probably fa
tally Injured and over a score more
or less seriously hurt in the wreck
of the western express and tha Bos
ton and Buffalo special, both -west
bound on the New York Central here
early today. Four of the victims
were killed Inrtantly, one has since
died and two of the Injured In the
hospital are not expected to I live
through tho night.
The Buffalo and Boston special,
train No. 49, was at a standstill In
the station yard when, It Is alleged
by railroad offieials. Engineer J. B.
Lydell of Buffalo on the western ex
press, train No. 23: ran past cau
t'ionary signals and dashed into the
rear of the standing train. The sig
nals, Superintendent Everett declares,
were in excellent, working order.
Enninerr T y lell admits that he saw
a cautionary light 4,000 feet of the
station and the railroad officials say
he also admits having passed sig
nals set against him. When Lydell saw
the tal light of the express through
the fog It was too late to prevent the
disaster. He Jammed the brakes, re
versed and with a cry of warning to
his fireman leaped for his Ufa.
VERDICT OF MANSLAUGHTER
ORANGE Bt'RO. S. C, Jn. 13.
Guilty of manslaughter was tho Ter
dict returned at 91 5 o'clock tonight
against John J. Jones, a lawyer or
BranchuiUe, this eotinty, charged with
killing Abe Pearlstein, a prominent
nierchant of the same twn on De
cember 15 last. The Jury was out
about one hour.
BOOKS HANGED
. BATON ROUGE, La.. Jan. 13.
Wealey Books, white, of Terrentxm
parish, waa hanged at the state peni
tentiary this afternoon for the mur
der of his wife, Mary. Books.
C, SATURDAY MORNING. JANUARY U, 1911.
$owAto
bbbbbbbbVIbTILIVI:', V,
BILL INTRODUCED IN HOUSE
... . ...
PRICE OF SLEEPING CAR BERTHS IN N.C.
Ewart, of Henderson, Agon
Boydan, of Rowan,
RALEIGft. K. fc ' Jkn.. il.-"W
hmre about ono fiiindred magistrates
in my county whb ere costing over
$700 and don't wint to-be burdened
with njr more", Vectored Represen
tative Ewart todajf In, entering a reso
lution in the housd protesting against
any more Justices' o the peace for
his county. f ?"
Soma colleagues prodded him with
the suggestion thitt these justices be
ing democrats rather, than of his po
litical terauaalon nccKHinted for his
Is wart ejso' Introduced a bin to
reducrt sleeping car berth! in this
state to I1.2S for lower and fl for
uppers.
Battle of Wake offered a bill to.
authorize the state fair association to
own property to the value of tlSO.OOO
Instead of 350,000 as now limited.
An investigation of the affairs of
the Mattamuskeet railway, In whkh
the state owns much, stock for con
vict labor Is provided In a Joint reso
lution by Ewart.
The bill of Representative Ray.
which passed the house a few laya
ago, prohibiting the sale of near
beer, ' beerlne or other drinks con
taining alcohol In Maoon county.
came up In the senate today with an
amendment by the committee on
propositions and grievances that the
bill shall not Interfere with tho salo
of soda fountain drinks. A dozen or
more senators Joined In the dlscus-
CLEMENTS OF CEORCIA
El
He Will Be Chairman of the
Interstate Commerce
Commission. Democrat
WASHINGTON, Jan. IS. Judsnn
C. Clements of Georgia, senjor snein
ber of the interstate commerce com
mission and a democrat, was today
elected chairman of the commission
in succession to Judge Martin A
Knapp of New York at special
meeting of that body today. While
the commission Is composed of four
republicans and three democrats, at
present. It has been the uniform poll:
cy of the commission since its crea
tion to elect Its senior member as
chairman, entirely Irrespective of his
political affiliations. The election of
a chairman of the commission In
highly important not only to the
transportation companies and ship
pers, but also to the public generally,
He also Is ex-nfflcto chairman of the
mediation board under the Krdman
act.
Judge Clements is a native of Geor
bia, born in 144. He was appointed
to the commission by President Cleve
land In March, 1892, and has received
three successive appointment. f
WASHINGTON. Jan. . H. North
Carolina,' fair Saturday; Sunday un
settled; ight variable wind, .
Inspect The Dear
in The Limelight, With Measure of , Interest. Senator
Wants All Prohibition Bills
immediately. nan a purpose.
sion whU-h 1ast4 nearly . an hour. ;
Senator Bassett and number of oth
ers opposed action of this bill be
cause thiere would certainly be a
state-wide law enacted within . tfua
next week of two. f
Senator Boyden of Rowan Urged.
Immediate passage remarking Inch,
dentally "Go on and pass all , these
prohibition laws; make things lust as
tight as you can, It may help us to
get back' all the ap6nr to time hon;
ored' democratic princl pies," li ; ' ;
: ' JTor BlwH ' Mountain Howhr ; '
Senator Martin is preparing to "In
troduce by request a bill authorising
the commissioners of Buncombe to is
sue $15,000 additional bonds for
building good roads In Black Moun
tain township and to levy a tax In
that township sufficient to pay the
interest, This to make a total of
$40,000 good roads bonds In Black
Mountain township. He will spend
tomorrow and Sunday In Aahevllle
and j-nnfor about legislative matter.
J'avor Constitutional Change
The committee on constitutional
amendments reported favorably the
Stubbs resolution for calling a con
stitutional convention in May 1113
provided the people so vote and It
waa made a SDm-lal order for Wftdnntf-
day, January 25. -I
Tho Kooiue Joint resolution for
'legislative commission with full court
ARKANSAS HEADY FOR ITS
BAPTISM OF CHAMPAGNE
After Much Controversy
Miss Mary Macon Is Cho
sen ito do the Christening
Plf 1I.ADKI.PH I A, Pa., Jan. 13.
Accompanied by her father, Congress
man R. H. Macon, and Mrs. Macon,
Miss Mary L. Maori, of Helena, Ark.,
arrived here this afternoon to be in
readiness to christen the battleship
Arkansas tomorrow at tho New Tork
HhLp Building company's yard across
tho fJefawarn river In Camden, N. J.
Miss Edna Ellcrbe, daughter t Con
gressman J. E. Ellerbe of South Caro
lina was also In the party.
Following (heir arrival the party
was cseortd by officials of the com
pany to tho shipyard where a , re
hearsal took ilae Miss Macon was
carefully in.trneied how to strike tho
prow of the liig ship with a bottle
ot champaKne. She promised not to
waver at the crtlcal moment to
morrow and said she felt sure she
Would not tnlHs the nose of the bt
tluslilp as It heglns slowly to recede
from I he rhrlstenlng platform.
TRUSTEES CHARGED
WITH PERJURY
NBW YORK. Jan., 13. Four In
dictments charging perjury , against
as many trustees of the WasiSngton
Havings bank, of which Jos. G. Rob
In, also under indictment, was presi
dent were found by the grand Jury
this afternoon. Chaa. K. , Loxow.
brother of tho late ex-senator Clar
ence I.pxow, assistant Postmaster
Thomas F. Murphy, Wm. Pi Youngs
and Ir. Harrie James are named in
the indictments. It I charged that
when tiwy reported to the state sup
erintendent on July 28, 1110, that
they made an examlnaton of the as
sets and liabilities of the Washington
Savings bank such examination bad
been tmade by them. '
Children.
TO REDUCE
That Come up Passed
' ",
powers to Investigate tha conduct of
Are Insurance companies In . North
Carolina came from ' the judiciary
committee No, 1 with recommenda
tion that It go to the committee on
propositions and grievances of which
it author Is chairman. There waa
motion that It go to the committee
on Insurance fnstead. : This broujht
Koonoe o. nhls 'feet , with- a vigorous
speech in which he took the position
that a number ot tha member of the
InausMne-eorflnelttse ' are Insurance
men interested la one way or another
in Insurance matter and he feared
they would he unduely influenced In
passing on his bill.. He said there Is
already a strong lobby at work against
his resolution. ' - (
There came from. Representative
Woodson, of Cleveland, indignant re
sontment at Mr. Koonce' reference to
possible bias on tha part of the In
surance committeemen. He insisted
that the resolution should go to a
committee that has some actual
knowledge ot Insurance and Insurance
conditions in this state, He im
peached the knowledge of Mr.
Koonce as to Insurance matters de
claring after Koonce had replied to
questions that be waa not an - In
surance man, but knew something
about these matter and that he had
(Continued on Page Two)
IINGTI
STRIKE AGAINST
Refuse to Attend the Lec
tures Given by Doctor
White Because of Negroes
WASHINGTON, Jan. 13. More
than a hundred medical students
from Georgetown and George Wash
Ington universities' here have gone on
strike against lecturea given by Dr.
Wm. White, superintendent of the
government hospital for the insane,
because of the presence at the last
lecture of about 30 negro medical
etudrtnts from Howard university.
Impulsions, It is said, may follow.
The lectures are given weekly by
nr. Wlrtte and are pres riled as part
of the medical course at the George
town and George Washington uni
versities. To the last lecture the ne
gro students were Invited. When
the student from Goorgetown and
fieorgo Washington appeared they re
fused to enter the lecture room. A
f I w minute after they sent In a
formal notice asserting they would
not attend because of the presence
of the negroes. Dr. White then lec
tured to the nngroes. The faculties
at both Institutions have apologised
to Dr. White for the stand taken by
the students, but so far no action
has been taken. The students de
clare that they will not attend the
lecture unless the negro students
are barred.
Fnrty-flve student from George
town end fifty-five from George
Washington "cut" the lecture.
snORT IV ACCOUNTS
TAMTA, Fla., Jan. II. Mrs. Jewel
B. Pope, postmistress at Astor Park.
Fla., and her husband, J. C. Pope,
were arrested today by postofflce In
spectors charged with being short In
their accounts. The husband la as
sistant postmaster, and has been 111
for several months. Tt la sieged that
no return have been made to the
department since last August. -
Citizen Want Ads Bring
Results, t
PRICE FIVE CENTS
OF PEOPLE IS THE
Test Vote Shows Feeling In
Senate Favorable to Con
stltutional Change
ALL SENATORS SIT
UP AND TAKE NOTICE
Various and Sundry Resolu
tions Offered as The Bill
Starts on Journey
WASHINGTON, Jan. 18. That (he
ent at this session must face the
question a to whether the oonstl.
tutlon shall be amended so a 'to re
quire the election of senators by di
rect vote of the people waa made
apparent today. A vote which many -senator
considered a test of the sen- -timent
of the senate waa-taken and
resulted largely In favor of the prop,
osltlon. The matter was In connec
tion with tha Joint resolution amend
ing the constitution, recently report
ed from tha committee on Judiciary.
When tha resolution -was reached on
the calendar, Mr, Keen waa- ready -with
an objection which would have
had the effeot of preventing imme
diate action under the then order
ot business. .
,Thell,,, said Ma. Borah, with
quick appreciation of the situation,
"I move to take up the resolution
notwithstanding the objections of tho
senator from. New Jersey." -
"Oh, don't do that," pleaded Mr.
Galltnger, In charge of the ocean
moll subsidy . bill, "The effect of
favorable action would be to dis
place the ship subsidy bill a the
unfinished business and I know tho
senator does not want to do that,"
. Appeal to Keen.
Ho appealed to Mr. Keen to with-
draw his objection. . The New Jersey ,
senator Consented and the ' senate '
election resolution waa launched upon
Its legislative voyage, v . ,
, The situation was such as to arouse
the Immediate Interest of the sena
tors, . Mr. Sutherland wanted to
amend the resolution so aa to strike ;
out . the provision giving the state
legislature supervision of elections '
and milking other changes. . , ,
Mr,: llalnor, a staunch advocate of
tha oommitte resolution, . suggested,
aa the amendment went to the heart
of the resolution there should he time
for consideration. "No," stage whis
pered dosen In his tr-.medlate vi
cinity "no. we'lt yota H down."
Mr. Itolner did not press hi point..
but his plea, was token up by Bena-
tor Hale, of .Maine, whose position '
on the merits of the measure la dia
metrically opposlts. He wa. auras
that the resolution could not be act
ed upon without protracted debate.
He precipitately moved an adjourn
ment of the senate. . The first vota
was vlve voce. ; ' i
"The aye appear to have It," an
nounced) the chair.
Never," exclilmed half doaen
senators; "let u have the aye and
noo." . . , .
Accordingly a roll cal was ordered
with the result that 41 out of 0 '
senator voted against adjournment.
Encouraged by this, Senator ; Borah
endeavored to obtain the consent. of
tha senate to name a. day for vote
on the 'resolution and all amend-,
ments. ' He suggested Tuesday, Jan
uary tt. For a time It appeared ;
that he would be successful.
Mr. Borah' colleague. Senator
Hoyburn, had not said a word up
to- this time, but when the -chair
put the request for unanimous cod?
sent, he sold:
"No," and spoiled tho entire
scheme. y '
Evidently Mr. Rorah waa dlspleas- r
ed He considered tha senate pre
pared to proceed.
IS :
GUEST OF HONOR AT THE
N.C. S0Gm7 BANQUET
Whitehead Kluttx of Salis
bury Says South Watch
ing Coming Test
WANTS CONSERVATION
SENATQRSBY VOTE
PENDING QUESTIOf,
NEW YOTtK, Jan. ll.Oln'ord v
Plncbot, former forester of the
United States waa guest ef honor st
the annual banquet of . the North
Carolina society of New York. He
devoted hi address to national for
est reserve discussion, "conserve- ;
tlon" being the general subject of the '
meeting. There were several other ,
speaker, all of whom dwett upon the ,
need ot permanent ' forest reserve.
Resolutions were adopted, urging tha
passage of such a btl at 'the present
session ef congress. - v ' :'.
State Senator Whitehead Kluti of '
Salisbury, N, C.,' was the last speak
er ot the evening. He said the South
waa watching with profound Interest
tha approaching test of the present
party "that has held the fealty of tha
Southern people through so mauy
yean of adversity."
I