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