THE WEATHER:
FAIE
VOL, XXVII., NO. 88
J
IfJ VOTE ON RULES
Czar of House Is Turned Down
by Combined For
ces FITZGERALD OF N. Y.
WAS RESPONSIBLE
Acrimonious Debate Follows
Ruling of Speaker
Cannon
WASHINGTON, Jan. 16. The stir
ring scenes of the last session of con
gress, when tne house overthrew
Speaker Cannon and took the making
of Its rales Into Its own hands, was
re-enacted In part on the floor of the
house today.
Threatened with what they believed
to be an effort to "draw the teeth" of
one of the most Important of the new
rules, democrats and insurgents Joined
In the defeat of the speaker. By a
vote of 145 to 126 the combined forces
rallied to the support of Representa
tive Flugerald (democrat) of New
York and sustained him in his appeal
from the speaker's ruling.
The light developed as the result
of the second attempt to use the new
rule which gives the house the power
to discharge a committee from further
consideration of a bill that has been
referred to it The insurgents and the
demoorats believed that this rule was
Iron clad, that as Boon as the consid
eration of bills by unanimous consent
had been concluded on every first
and third Monday of the month, he
house was bound by the new rule to
take up the motions to discharge
committees from the custodies of
specified bills.
When the moment arrived today,
however. Speaker Cannon gave recog
nition to Representative Hull of Iowa,
chairman of the military affairs com
mittee. Mr. Hull, moved that the
house resolve itself Into a committee
Of the whole and take up the con
sideration of the military appropria
tion bill ,-tlpon which It had been work
ing last wsak.
Democrats and Insurgents
There was an Immediate rallying
of forces and stiffening of ranks
amongst the insurgents and demo
crats. Mr. Fitzgerald insisted upon the
consideration of a motion to discharge
a committee which was upon the cai-
(Continued on Page Four.)
ASKED TO RETIRE BEGAU5E
Telegraphed Bequest and
Navy Department Is
Suspicious
WITH PACIFIC FLEET
WASHINGTON, Janl6. Secreta
ry of the Navy Meyer this afternoon
telegraphed to the Pacific coast for
a full report on tho allegation that
the retirement of Admiral Barry was
caused by the demands for his res
ignation by officers of the flagship
West Virginia, The navy depart
ment " declined to say to whom the
telogram for a report had been sent,
but It is assumed that It was di
rected to Rear Admiral Thomas, the
new commander-in-chief of the Pa
cific fleet Not until the complain
ing officers of the West Virginia
have been heard from will tho navy
department be, In a position to de
termine whether there shall be any
proceedings in the case of Admiral
Barry. If it should be decided In the
afflrmatrne, the mere fact that the
accused officer has voluntarily re
tired may shield him from punish
ment In the eyes of a courttnartial
resulting in conviction. Under the
regulations which specifically desig
nate punishment for each offense a
person convJcted In such a case. If
an officer, would be liable to the se
vere penalty of confinement, not to
exceed 15 yearn, and expulsion from
the naval service, cutting off all re
tired pay.
There Is no record of the trial of
an officer under sucti circumstances
thought many bluejackets have suf
fered conviction. Admiral Barry's
request for retirement was ,recelved
by the navy department by tele
eraDh last Thursday. The fact that
It was received by wire Instead o
by mall, was by no means unprece
dented and excited io suspicion on
the part of officials as to the prob
able causes for the request Secre
tary Meyer approved the applica
tion on the day following Its receipt.
The president promptly approved the
reauest and the department tele
graphed the fact to the admiral on
Sunday, detaching him at the same
time from the Pacific fleet, and or
dering hlra, to his home in accord
ance with the estabusnea custom
His retirement dates from January
IS. By operation of lay Admiral
Barry would have retired in Octo
ber of the current year, '
HlSHEflTS
DEMOCRATS
THE
E
F
E
Killed Man. Daughter and
Grand-Daughter and Burn
ed Bodies
TRIAL OF FIE&ID
SHORT AND QUICK
Two Companies of MIHtla
Guard' Prisoner In Court
House
OXFORD, N. C. Jan. 16. Eight
minutes deliberation by the jury of
the criminal court, convened in special
term by order of Governor Kltchln
was all that was necessary today for
the conviction of Nathan Montague,
a negro, for the murder of Layton
Sanders, his daughter Mattle, and his
grand-daughter Irene Overton at Hes
ter, on December 18 last. He was
sentenced to bo electrocuted on Feb.
IS next.
Montague was brought from the
state penitentiary at Raleigh, a Jury
was empanelled, the prisoner was con
victed and sentenced, and returned
to Raleigh within twelve hours.
Before a large crowd that had
gathered was allowed to enter the
court house every one was searched
and those with weapons were barred.
Before announcing the verdict of the
Jury, Judge G. W. Ward stationed of
ficers in different parts of the building
and warned the people that arrests
would follow any demonstration. They
received the verdict of the Jury In si
lence. Good Order
Judge Ward commented on the
good order of the comunlty In al
lowing the law to takes its course In
punishing Montague for his crime.
Though there wero no witnesses to
Montague's horrible deed, the discov
ery of the bloodstained skirt of Miss
Mattle Sanders and her purse In Mon
tague's possession the day after she
and her father and Miss Overton were
found burned to a crisp In the ruins
of trsetr homo at estar -wtls Sufficient
evidence for tho court to convict the
negro.
Montague was brought from the
state prison at Raleigh today by Sher
iff Wheeler of Granville county ang
a guard of militiamen. At the time
of his arrest there were threats of
lynching anil Montague was taken
from tho county jail at Durham to the
(Continued on Page Four)
HEARING WEDNESDAY IN
Legislature May Provide
Home for Soldiers'
Widows
CONFERENCE TODAY
RAMCIGH. N. C, Jan. 16 An
nouncement Is made that the house
joint committee on propositions and
grievances Is to give a hearing
Wednesday afternoon on the Koonce
resolution for creating a legislative
commission to investigate tho con
duct of lire Insurance companies in
North Carolina, this hearing being at
the request of tho insurance men
opposing it.
Democratic members of the gen
eral assembly are to hold a caucus
tomurrow, Tuesday, night to discuss
a general legislative policy for the
session.
The senate's session of half an
hour was devoted to local matters
tntlrely. A bill relative to fishing in
Albemarle sound was passed. Ad
journment was taken as a mark of
respect to the memory of the late
Col. W. J. Hkks.
The Bwart bill to ratify the fed
eral constitution amendment for an
income tax came up for final pass
age in the house today and was
made a special order for Thursday,
January 26th, so that members may
have time to consider tht measure.
A bill by McGlll, of Cumberland,
introduced today, appropriating 5,
000 for a building at soldiers' home
for wives and widows of veterans
and 15.000 for maintenance.
A bill by Ray of Macon proposes
to increase the salary of the la
clerk of the attorney general to $2.
000 and to designate him as assist
ant attorney general.
The house passed the bill to em
power the state fair association to
hold $150,000 instead of only 50,
000 worth of property.
Petitions were presented by Rep-
rese-ntativeGreer of Mecklenburg
from the ministers of Charlotte
against trte desecration of the Sab
bath and in regard to the sale of
liquor by clubs. A great number of
local bills Introduced the past few
days were favorably reported from
(Continued on Pace Four,)
NEGRO MURD
WILL PAY
PENALTY
OR AWFUL CRIM
ASHEVILEE CITIZEN.
ASHEVILLE, N.
EIERCEQUESTIONS
E
Cross Examination Falls.How
ever, to ShaKe Testi
mony DETECTIVE NURSE
STILL ON STAND
Attorney For Mrs. Schenk
Bitter Towards Woman
Witness
WHEELING, W. Va.. Jan. 16.
Five hours of the most bitter cross
examination to any which any wit
ness has been subjected by the de
fense In the case of Mrs. Iura Farns
worth Schenk. charged wlih admin
istering poison to her- millionaire
husband, John O. Schenk, failed to
shake the story told the Jury on direct
examination Saturday by Elanor
Zoecklea, who was also known as Mrs.
Kean, the detective nurse who ullegee
that Mrs. Schenk offered her $1,000 to
put a poisoned pill In the medicine
which was taken by the patient at the
North Wheeling hospital. Miss
Zoeckler, who la connected with the
Pittsburg detective agency, was on the
stand all day.
The woman's veracity, her character
and her past life were probed in the
questions propounded by S. O. Boyce.
8o fierce was the attack on the wit
ness that Prosecuting Attorney Hand
land objected, declaring that Mr.
Boyce had no right to go beyond the
bonds of authorltly. The Jury was ex
cluded while the objection was ar
gued qut: .Mr. Boyce replied with
equal bitterness and said:
"Coiiunorcial WltiH-wa"
'This is a commercial witness and
I will treat her commercially. She
was employed to squirm and ingrati
ate herself into the confidence of this
defendant with a tissue of lies, she
has agreed to He for money and 1
will examine tier on those lines. The J
aeiecuve profession is an nonoraoie
one. If conducted along honorable,
lines, but In I his case It was not. This
woman is not a detective. Sho Is only
an operative, and I will conduct this
questioning along line! to show that
In such capacity she lied and entered
Into a conspiracy against this ac
cused." Time after time he asked, "When
(Continued on Pago Four)
AND LEAVES TENNESSEE
Wright Will Wait to Give
McMillin Aother
Chance
ALL CONFUSION
NASHVILLE. Tenn.. Jan. 16. Th
struggle for the seat of James B.
Fra.ler In the United States senate
ussumed a new aspect this afternoor
when the announcement of the with
drawal of G. T. Fltzhugh of Bhelbj
county became known.
Kllzhugh lias been the favorite can
didate of those Independent demo-
rats who have most ardently sup
ported stale wide prohibition and elec
tion laws.
There are abundant sl?ns that all
of the Fltzhugh vote and some of the
republicans will not accept Frazler.
In fact, it is said that the republican?
will again vote tomorrow for Newell
Sanders, republican state chairman, or
Hal Page, republican chancellor.
Tho lines outside of the vote for
Frazier will present a solid lino for
McMillin tomorrow.
It was sun- up to the time of Fitis-
hugh's withdrawal announcement thb
afternoon that General Luke K.
Wright, ex-Secretary of 'War, would
enter the race, tomorrow, but when
that camo there wes exjressed a deter
mination by the Wright managers to
give McMillin a further opportunity.
rOXHIIMS, STATEMENT
MEMPHIS, Tenn.. Jan. 16. O. T.
Kltzhugh tonight confirmed dispatches
from Nashville announcing that he
desired to discontinue his campaign In
the Tennessee senatorial contest. Mr
Fltzhugh was called to Memphis be
cause of the death of his daughter.
B LEASE IXAt'fil "HATED TODAY
NEWBERRY. H. C, Jan. !. Al
though Governor-fleet Cole Blease
has not fully recovered from an at
tack of acute Indigestion which he
sustained SunoVay. the inauguration
ceremonies set for tomorrow In Co
lumbia will hardly be disturbed. Mr.
please left tonight for Columbia, ac
companied by bis physician. He Buf
fered Intensely last nignt Dut ap
peared In better health tonight. ,
HURLED BYOEFENS
AT TRIED
C., TUESDAY MORNING,
Better
ATTORNEY GENERAL ARGUES CASE FOR
GOVERNMENT A GAINST STANDARD OIL
Contends Effect of Reorganization in 1899 Was to Rivet
2;
Th4 Twenty Companies Which Neither Death,
Ruin Could Rend.
WASHINGTON. Jan. 16 Declaring
that the reorganisation of the Stan
dard OU of New Jersey in 1S9R, rivet
ed together the control of the sub
sidiary com pan lea In a way that had
not existed before. Attorney General
Wlckershara today argued before the
Supreme court, of Mie United States
that the defense pt)t up by the Stan
dard' Oil company against dissolution
fell to the ground.
It was the third day of the oral
argument of the case. Frank B.
Kellogg had- concluded his Ions; ar
gument ,Ln fa,rofr jttae. i dissolution
as decreed' by the Circuit court of
the Fifth district of Missouri. D.
T. Watson had entered an attack
on the form and effect of the decree.
Mr. Wickers ham was then called up
on to close the argument for the
government. Ho did not conclude
but will complete his argument to
morrow, when John G. Johnson will
finish ne presenjation of the pnllro
case. The address of Mr. Watson
paved tho way for Mr. Wlckersham's
remarks.
Attacked lowep Court Decree-. ,
Mr. Watson made the decree of the
lower court the topic for his re
marks. He sojld that the ClreuM
court held that tho defendants had
done nothing after the passage of
!he Sherman anti-law trust to vio
late it but to convey the properties
hold together for years by a lawful
body of men to the Standard Oil com
pany of New Jersey.
LIS l
INVASION OF ALL RIGHTS
So Says Governor of Ala
bama in His Inaugural
Address to Legislature
MONTGOMERY. Ala., Jan. 16.-
Kmmet O'Neal of Florence, Ala.,
Alabama's thirty fourth governor and
linth native sun to hold that office,
vas sworn In tills afternoon on a
ilatform neur the state house.
In his Inaugural address to the leg
siature today Governor O'Neal de
clared Alabama's prohibition laws to
le an invasion of Individual rights and
onstltutlonal guarantees and branded
he attempt to insert a prohibition
iauso In tho state's constitution as
in offspring of intolerance and blgo
ry. Ho proelalmert prohibition a fail
ire and recommended a" general local
option law.
He advocated a divorce between the
liuor interests and politics and said
t could be nrcompllshed by tho cre
aion of an excise commission vested
vlth power to control liquor traffic.
Governor Braxton Braarg Comer In
-elinqulshlng to Governor O'Neal
ook a parting shot et corporate in
terests. .WASHINOTON, Jan. Forecast
N'orth Carolina; fair Wednesday, In
creasing cloudiness, probably rain in
western portion; east winds.
JANUARY, 17, 1911.
Wake up And Get
"Are tho Federal courts to alt by
the avenues of Intercalate commerce,"
Inquired Mr. Watson, "to pass on the
conveyance of properties?"
He declared that the Standard Oil
did not gain a single power by res
Bon of the conveyance.
"We did not put any alien prop
erty In the new organisation," he
said, "only Joint property was chang
ed from the trustees to a corpora
toln. Pray tall me how the Stan
dard OU company of New Jersey
could restrain trade by such' a con-
3&S?3i,, ?,t:;jt'-n tkfmWS'!ii'
Still Koii-fotnpftfllve.
Ho contended that the properties
conveyed were noncompetitive before
1899 and remained exactly as they
had been after that year.
The reason ho advanced for the
Circuit court holding that tho con
veyance was Illegal was that It be
lieved It hd to follow the decision
of the Supremo court In the North
ern Securities caso.
But the.Stnndard WI case, he argu
ed, differed front tho Northern Se
curities suit. In the latter railroads
owing & duty to compete and engaged
In sctlvo and net mil competition,
wore concerned. In the former case,
thero were concerned trade romps
litis, owing no duty to compete and
not In com petition with one another
be"iuse of their common ownership.
A second point that Mr. Watson
argued was that the decree eonfls
ciited property beeiiuse' (H did not
E
Despite Confession to Po
lice, Mrs. Melber Pleads
Not Guilty in Court
ALBANY, N. Y Jan. 11, Mrs
rOitth Melber pleaded not guilty to
day to the charge of murder In the
first degree befor Justice Cochrane
In tho .Supreme court after being; In
dicted by the grand Jury for killing
her five year old Son Georgle by
giving him carbolic acid to drink.
The coroner's decision on tho In
quest Is that death was due to car
bolic acid .
According to tHe specialists In
mental diseases who examined Mrs.
Melber yesterday. sho is perfectly
rational. On this report, tho deci
sion of the coroner, and tho confes
sion by the woman to the Rochester
police ,the district attorney will base
his ca.se.
Inasmuch as she confessed, tle
authorities would not allow her to
see the body before it was burled
today at ffc-hncrtady. Hho has ex
pressed a wish to see Howard Kirk,
a young Schenectady dramghumian,
but the pollco will not allow him to
visit her.
SUPREME COURT
REFUSES TO ACT
WASHINGTON, Jan. 1. The Su
preme court of the United States to
day dismissed for want of Jurisdic
tion the 8ppcal to tho court of G.
Wash Hunter from his conviction of
manslaughter In South Carolina.
Hunter was sentenced to the peni
tentiary for eight years. He was ac
cused of having killed Elbert F.
Copeland near their homes In Lau
rens county. South Carolina in 180(,
while the two wero playing at cards.
Hunter entered a plea of self-defense.
The case was brought to the
Supreme court on fho claim that
several technical errors were com
mitted during the trial.
Busy.
Control of One Hand Over
Taxes Nor Financial
allow tho subsidiary companies to pay
dividends to the Standard Oil of New
Jersey and that 'the. stock pf the
company became practically worth
less. Can't Evade Decree,
"It Is gratifying to believe, said
Mr. Wlcket-sham, following Mr, Wat
son, "that the defendants will, .t
Wast, find 'some "difficulty in evading
the decree of the lower court If ) tt
Is affirmed." , i
'flu riiT wrWttmW' st-t.
rree. tolling th court that the court
below had held that a conspiracy to
restrain 4rada hud bean found and
that the conveyance of lit was
mautt in pursuance of that conspir
acy. After reviewing the history of the
Standard Oil tn tiinnnn hiM ..tiM
that Its organisation Just proceeding
mo re-orgaoiziuion o( tne Standard
Oil of New Jersey In 1899 was ille
gal. Mr. Wlckersham answered Mr.
Watson's question about the effect
of the tep In 1(11, The effect was
to rivet the control of one hand over
tho twenty companies, a Control that
neither death, tax nor financial ruin
could rend. Before the separation of
the stock of one of tne certificate
holders would have disintegrated the
control, By this reorganisation "a
perpetual Immoral element was ac
corded to tho control."
GREW OF HORNET HOME
But Are Reticent About
Where Anns and Ammu
nition Were Picked Up
NEW ORLEANS, Jan, 1.-Cap.
tain Charles Johnson of the Hornet
filibustering expedition and twelve
members of the crew, Including; Chlor
Knglneer David I'. Rowland, returned
to New Orleans today on the steamer
Joseph Vacarro, which sailed from
Purlo Oirtez last Wednesday. All were
extremely reticent concerning thi
movements of the Hondurau revolu
tionists. Captain Johnson and crew left the
Hornet ut Ruatan and made their
way In a sloop to Belize wh-re the
hoarded the Jos, Vacarro. Their places
m the Hornet had been taken by
ttondurans and when they departed
from ltuatan tho gunboat was pre
paring to take arms and ammunition
to Tela.
Manuel Bonllla was still at Ruatan
w hen they left whence he Was direct
ing tho operations against the port
on the gulf coast of tho mainland.
"About a dozen shots were flrod at
us with small arms when we appenred
ut Huatsn,' said one of the Americans,
"but tho fire was not returned. We
could have blown the town up with
the modern guns of the Hornet but
General Bonllla would allow no shot
to be fired. As we neared the landing
thi firing ceased and the government
soldiers threw down thHr arms. Prac
tically every resident of the bay Island
is now enrolled In Bonllla's army.'
When asked where the Hornet
picked up the guns and ammunition
after her departure from New Orleans
every member of the expedition refus
ed to answer.
MOXKV FOB POST OFFICE
WASHINGTON. Jan. 1 The
postofflce appropriation bill aggre
gating (251,000,000 an Increase of
more than (9,000,000 over the ear
rent appropriation: was reported to
the bu today by the postofflce
committee.
Citizen Want Ads Bring
Results.
PRICE FIVE CENTS
CELEBRATE GREAT
UICTDRYINNAT
Militant Hosts of Democracy
Gather in Baltimore
Tonight
HARMON AND CLARK
CHIEF SPEAKERS
Elaborate Banquet Will Take
Place of One Time Dol
lar Dinner '
BALTIMORE, Jan. 1 (.Content
during the lean , years of defeat ; to
dine at "dollar dinners, with "hot
mt hominy" as the central theme
end spring water on the side, the
militant democracy ef tin will alt
at a feast In this elty tomorrow night
where the exclusive diamond back
terrapin win vie With the aristocratic
canvass back duck nd the epicurean
Smlthfleld ham In the courses ot
banquet that Is fittingly to celebrate
the democratic victories of J 1 1 ,
The banquet wilt be the closing fea
ture of a day given over to harmony
conferences among the . democrats
from every section of .the country.
Governor Harmon, of Ohio, and
Champ Clark, of Missouri, are to be
the central figures In the day's do
mgs. Both will deliver formal ad
dresses at meeting rt the Lyrlo to
morrow afternbon. , ,. u
Many Will Apeak
Benater Jos. W, Bailey, of Texas: .
Oovernor Eugene N. Foes, of Massa
chusetts; i former; : Representative
Theodore M, Bell, of California! for
mer Senator Blackburn, of Kentucky;
Senator Robert L, Taylor, of Tennes
see! Senator flhlvely, of .Indiana;
Kepresenttitlve-elect Martin W, Lit
tleton, of New Tork) National Chair
man Norman H. Mack, and "Deacon"
James C. Hemphill, of Richmond,
Va., are among others scheduled to
take part tn the conference and to
deliver speeches, either at the meet
ing during the afternoon, or et the 4
banquet in tho' Veiling. " ' .
A special train from Washington .
will bring to Baltimore every demo
cfstloa member of the senate and
house of representative.. Altogether
It Is expected more than 1,009 faith-
(Continued on Vsgo rt.nr.1
SEHIN1I).S.SEI!ITF
Friends of Shepard Think
They Can Elect
GREAT FIGHT
ALBANY, N. T Jan. , Wm. F.
gheehan was nominated as the dem
ocratic candidate for United flute
senator toulght tt the caucus of
demoeratlo legislators, ' receiving 12
votes, Jour more than a majority of
all the demoeratlo members of both
houses, Tho fact, however, that II
members refused to attend the Mitt
cus loaves a strong possibility that
tomorrow when the legislature votes :
in regular session hie may fall to re
ceive the number of vote necessary
for election.
Besides Mr. Hheehan's the names of
Edward M. Hhepard of Brooklyn and
r. Cady Herrlck of Albany and New
Vork were the only ones presented ti
iho caucus. Mr. Shepard received
22 votes and Judge Herrlck 1. The
tfi legislators who bolted the caucus
kill be In a position to declare them
.elves unbound by Its action and even
if all those who entered the. caucus
vote for Mr Sheehan tomorrow the
ibsntecs can prevent his election be
cause a majority of all members of
both houses present and voting Is ne
cesary for election. An effort to make
he nomination of Mr. Sheehan unanU
nous failed because two assemblymen
objected. A , ,
The bolt was organised late today '
when a number of suporters of Mr.
Shepard and opponents of Mr. Shee
han met at a downtown hotel. Sen
ators Roosevelt of Dutches and 8aw
of New York and Assemblymen Fried
man of New Tork and Drummond of
Csyuga county j were the leaders 'in
this movement. Twenty two legisla
tors attended this meeting and at fire
o'clock sent a committee to the gov-'
ernor to try to get from him a decla
ration In favor of some candidate. The
governor told them that he could
not Interfere and declined to indi
cate the course they must pursue. "It
is a question for each legislator to de
cide for himself," said the governor.
After the committee returned and re
ported to the conference alt those
present pledged themselves not! to at
tend the caucus, f : -. : '
: Tonight twenty of the' caucus woit-
ere gave out the following statement :
'The undersigned senators and as-
(Cootlnurd on Pege I I'C)
DEMOCRATS WILL