Newspapers / Asheville Citizen (Asheville, N.C.) / Jan. 24, 1911, edition 1 / Page 1
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THE WEATHER: FAIR VOL. XXVTL, NO. 94. If! SCHENK CASE Testimony of Mrs.' Hedges Is - Ruled Out by Judge In Trial ARGUMENTS BEGIN IN FAMOUS CASE Conspiracy Charge of Mrs. Schenk Knocked Out by Judge's Ruling WHEELING, W. Va., Jan. 23. The end of the trial of Laura Karnsworth Schenk on a change of administer ing lead po'son and arsenic to her husband,, John O. Sc henk, is now in sight, argument having been begun durjjHf-thJs afternoon ut 3.15 and it is expecteaThtthe ease of the ac cussed will bo tnffiehands of the jury no later than Wednesday noon. Apparently the greatest blow yet sustained by the defense was struck today when on motion of Prosecut ing Attorney Handlan, the evidence of Mrs. Jane Hedges was ruled out. It was this witness who told on the stand that Albert Schenk had said he would "leave no stono unturned to rid the family of John O. Schcnk's wife." The defense played Its) trump card tn Mrs. Hedges, relying upon 'her evidence to prove their contention that members of the Schenk family had conspired against the woman who is fighting for her liberty. The evidence given by Mrs. Hedges was ruled out on the grounds that no overt act suggestive of a conspiracy has been attributed to Albert Schenk or other relatives. State Rests Case. The state Immediately after the exclusion of Mrs. Hedges' testimony announced that they would rest their .case, taking counsel for defense and every one else by surprise, as it had been anticipated that a number of .witnesses would be put on tn re- The state apparently scored again when Instruction to the jury were offered. , The state offered ten in structions, all of which were given. The defense offered thirty-four, nine teen of which were stricken out. The suggestion of the state for In structions were of usual form and while the defense objected to ".most of them, the objections were 6t a (Continued on Page Four) WEST 1611 DENIES ANY LIABILITY FOR OLD Claims That Certificate Holders Are Ones To Sue. IN SUPREME COURT WASHINGTON, Jan. 23. The llrst word of defense for the state of West Virginia in the suit brought by the commonwealth of Virginia in the Supreme court of the United States to require the former state to pay one third of the Virginia public debt at the time West Virginia oecame a state, was said before that court by Charles E. Hogg, of Morgantown. V. Va. He followed Major Holmes Conrad who spoke In favor of West Virginia being required to bear a portion of the debt. Arguments will continue tomorrow. After making denials of many of the claims of Virginia. Mr. Hogg at tacked the right of Virginia to sue West Virginia for one-third of the 133,000,000 debt. He sjrid that Vir ginia had been released from all lia bility for this third of the debt by a refunding agreement between the state and Its creditors. Furthermore Virginia, he argued, according to Its own claim, was responsible for two thirds of the debt, and as It bad paid only that proportion, It could not bring a suit to require contribu tion to it from West Virginia. Any liability that West Virginia miijht be under, he said, was not to the com monwealth of Virginia hut direct to the certificate holders. SOUTHERN CITIES AFFECTED BY RATE WASHINGTON, Jan.. 23. In a complaint filed today u'ith the Inter state commerce commission It Is al leged hy the F. M. Klrby company and other shippers in the southwest ern states, that the freight rates on glassware and buggv dashes from Pennsylvania points and from Rlack Rock, N. T., were excessive and un reasonable. The points affected Sre Danville, Va., Columbia and Green ville, S. C. and Raleigh. Henderson, Greensboro and High Point N. C. The commission Is asked so to re adjust 'the rates as to make them equitable. RULIfJG OF COURT AGAINST DEFENSE THE DEMOCRATS MUST BE RESPONSIBLE Present Congress Will Not Pass Omnibus War Claims Bill CLAIM CALENDAR ALREADY CROWDED So It Will be up to Sixty Sec ond Congress Which Is Democratic WASHINGTON, Jan. 23 The dem ocratic sixty-second congress will be charged up with an extra $3, out), 000 appropriation fur war claims, as the result of tho action of the house committee on claims today in killing the omnibus claims bill for this con gress. The bill, which already had passed the senate. Is largely made up of claims from the South on account of depredations during the Civil war. und there are many provisions in it for Individual relief. Whin the bill. which Picsldent Taft had savingly lirged, reached the house the claims committee appointed a sub-committee to inquire Into the whole ques tion, and tin y delved Into a mass of historical details. The full commit tee today decided to postpone inde finitely any action on the measure, the announcement being that Ihe calendar of the houf-e was already full and that there were many more measures pending than could possibly je put through at this session. Chairman Prince, of the commit tee stated that there was no antag onism to the measure but that it was Impracticable to load the calen dar further. The addition of bout $800,000 for French spoliation claims by the sub-committee caused a lively session In the committee and finally defeated the proposed legislation. The democratic members contend ed that if the French spoliation claims were to be taken care of that this should have been done long ago Instead of saddling them on to this generation. On an aye and nay vote the -entire Mil -went-airwir-tu- di'Wl,1 The democrats say the bill will he passed In the next congress with the French spoliation amendment elim inated. WILL IX1VKII AKDKKSS WASHINGTON, Jan. 23. Repre sentative Saunders, of Virginia, has accepted an invitation to address the South Carolina association at Its an nual banouet at Columbia this week. FOR M URDER OF OCEY SNEAD MOTHER GETS SEVEN YEARS STATE PRISON SENTENCE One of Surviving Sisters In Bath Tub Murder Mystery "I AM INNOCENT" NEWARK, N. J., Jan. 23. Seven years In state prison was the sentence imposed upon Mrs. Carolina I!. Mar tin for the part she played iu the death of Oiey Snead, her daughter, by Judge Ten Eyek In the court of Oyer and Terminer today. Mrs. Mar tin bad pleaded noil vult to man sbiUKhter wlii n arraigned In an In dictment charging her with murder. The body of Ocey Snead was found In a half-died Imth tub In a partly furnished house in Fast Orange, N J . November 29, 1909. The indict ment of Mrs. Martin, the victim's mother. Miss Virginia A. W'ardlaw, and Mrs. Mary W. Snead, ic. y s aunt and mot her-in-law. for murder fol lowed Miss Wardlaw died in jail. Mrs. ,neail faces trial, but It is said that 'the Indictment against her will be nolle prossed. Several times while the Judge was reviewing the case Mrs. Murtin broke In with "I am Ipnocent, I never in jured my daughter or anyone else living or dead. I am as Innocent in the sight of lod as you are. Judge Ten Kyck." , Twice she collapsed. and at one time a recess of ten minut'-s had to lie declared as it was found necessary to carry the woman from the court room to revive her. When the sen tence was pronounced Mrs. Martin again became greatly excited. "It l not because I deserve it," she shriek ed. "I do not deserve It. I am ab solutely Innocent," The altendants carried Mrs. Mur tin out of the room in a chair In which she was sitting. PROMOTER IISPPKAKS LORE Do. Tex., Jan. 23. TA L Story, promoter and agent for sev eral New York banking houses, dis appeared from 1-diredo about Decem ber 20, and now fears are felt for his safety. He was seen with a large amount of money the day before he disappeared. He left all his personal belongings here. Mr. Story had been In Laredo about tw months. 1 CLAIMS ASHEVILLE CITIZEN. ASHEVILLE, N. State Is Exploited by Trusts Says Ewart of Hen derson INVESTIGATION IS ASKED OF CHARGES Resolution Provides Commit tee With Wide Power of Search RALEIGH, N. C. Jan.. 23 The senate today passed a resolution of Senator lirown, of Columbus, ap pointing a special committee of Ave to investigate the matters mentioned in the report of the state board of In ternal Improvements. Senator Brown said tho report shown that the state has about $244,0(10 Invested in mrl mn enterprises, the value of which is problematical and that conditions demand a thorough Investigation. Involved In this are the stale's in terest In Mattamuskect railway, Statesvlllo Air Line and Elkin and Allegheny Hy., In which the state's stock Is for convict labor for which the state paid the state's prison. A bill Introduced . by Senator Oreen, of Craven, would Increase the ex pense allowance for Superior court judges, from $250 per year to $750. State Trust Exploited. Ex-Judge Ewart of Henderson of fered In the house a resolution for an investigation of the conduct of the American Tobacco Co., and other great corporations as to their obser vance of the state anti-trust law which he declares it to he commonly charged Is befng flagrantly violated. This resolution recites that charg es are openly made by Journals and citizens of the state of tho highest character that North Carolina Is be Ing exploited by trusts, that under existing laws the courts and prose cuting officers of the state are help less; that the American Tobacco com pany eapoclally is openly charged with violating the anti-trust law. 'Til tnrfnrt '" trrat 'thrtlTJUgTi and searching inquiry be made of these charges the resolution directs thai the speaker appoint a committee of five, who shall have power to sit at Italelgh or elsewhere, subpoena wit nesses, making witnesses immune from prosecution If compelled to an swer. It directs tho attorney gen eral tn act as counsel for the state and that all exiienses shall be ald (Continued on Pagf Fr) OE Latest Reports Give Victory To Government i Forces REBELS ROUTED MEXICO CITY, Jan. 23 A special from Cludad Juarez to El Paso, dat ed esterday, related that the en counter at Ouesta de la Aldea was a stubborn light, resulting In losses In killed and wounded on both sides, but gave no figures as to the num ber of casualties. The rebels were said to have suffered more owing to the fact, that n part of their number foUKht in an open plain. A reinforcement from tleneral Lii'iu's troops arrived while the bat tle was in progress and saved the day for the small force under Colonel Dorantcs. a portion of whose com mand had been dispatVhed to Casa Orande and Calena. A rumor was In circulation, it was stated, that Maderlsts have been for some days in i'ma (Jrande at the head of a considerable number of fol lowers recruited from the minus of the flalena district, where work had been suspended. Colonel Antonio Itabago, with In fantry and cavalry, was reported en route to tialena. Chihuahua dispatches to the same newspapers recounted a recent brush with rebels at lio'inlllas on the Rio 'Jrande opposite Brewster county, Texas, and a sharp fight In the Batapolls mining district near the Honor state line, southwest of Chi huahua. The former lasted an hour, the rebels having been, routed with one killed and several wounded. In the latter the federals took the town of Yoqulvo, where the insurreetos had been entrenched. The rebels were dislodged with the loss of "a great number of dead, wounded and prisoners." Among the prisoner were four leaders.. . Dispatches to El Impartial from Chihuahua refer to meagre report of lighting at San Buena Ventura and Galena but give do detail. NORTH 01 AT TRUST US OPEN C, TUESDAY MORNING. DAVlb GRAHAM PHILLIPS, WTER, SHOT BY CRAZY ASSASSIN Was About to Enter Princeton Club When Approaching NEW YORK, Jan. 23. David Gra ham Phillips, -editor, publicist and novelist, was hft six times- today as he approached J the Princeton club, by Fltihugh Cfyle Ooldsborough, a Harvard man. who Immediately after committed sulclfle. , Tonight Phllll Js Is at Dnllevue hos pital In an extremely critical condi tion, but, as relatives hopefully ex press It, with "a chance of life." The body of Ooldshorough, whose career at Harvard y brief, lies In the morgue. -Ai-rehtly; tnanrfTh Trnd a fancied grutlge alnst the author and sought his lire. He as only 31 years old; Phillips in 43. Kent Irullol lu Own Brain. "There you go," snapped the as sassin, as he opened (Ire. and "here I go," he echoed as ho seat a bullet into his own brain. He ued a ten shot 32 calibre automatic pistol and all six shot aimed at Phillips took ef fect. One of them perforated the abdomen; another plrced the right lung and came out at tho back; a third shattered Ihe left wrist and a fourth drilled the right thigh. Two of them dropped from tho wounded man's clothing as he was being un dressed at the hospital. The most dangerous wound Is thought to be that through the lung, Septicaemia or pneumonia are the secondary effects most feared.' The robust constitution of the patient bnre him through the loss of blood and shock surprisingly well, and his llrst request to his physldun was that no alarming reports be given out. SPECIAL BEARING MORGAN MAKES MILE A MINUTE Record Time Over Pennsyl vania Between Washing ton and New York rHILADEI.I'IllA. Pa.. Jan. 23 -What Is belleirrt to be- the fastest railroad trip ever made between Washington and New York occurred today when J. Plcrpont Morgan, the financier, was whirled from one citv to the other over the Pennsylvania railroad in the unparalleled time of three hours and D6 minutes. All the way the special train on which Mr. Morgan made the trip averaged inure than a mile a miiinie. The distance between the t o cities Is 224 7 rnlle;' and express trains make It in five hours. Mr. Morgan's train, composed of a locomotive, a tender, one steel coach and a private c ar left Washington at 11.22 o'clock this morning. Fifteen minutes stop was made at the West Philadelphia station, where cnglner were changed and Ihe train arrived in New York at ?. K o'clock this af ternoon. The sperlal train, It Is sold, was ordered In a hurry and the pur pose of Mr. Morgan's trip was not made known to the railroad officials. WASHINGTON, Jan. li. Porecast for North Carolina; Fair Tuesday; Wednesday increasing cloudiness and warmer; moderate northeast nd east win da. JANUARY 2-1, 1911. The Song of The Sea. tx Shots at Him, Then Turned Pistol Upon Self, Com mitting Suicide. "My mother." he said, "Is an old lady and the shock might kill her. I'm young and strong; t may get well. Make the bust or it and I'll try to bear' you out."'.. ; . The six shots broke tho quiet Of one of tho most aristocratic neigh borhoods of old-fashioned New York. The Princeton club formerly the home of the late Stanford While, fronts on Oramercy park, and at two o'clock of brtght nrrenmnir, riifliiriho-rr.inT'tiotnSr "with him; Kor-oorrs nearby at the National Arts club, was sauntering through the sunshine for an hour with his friends. A po liceman stood near, not 100 yards away. Two foot passengers had just passed the club us Phillips was seen1 approaching It. -Nobudy saw any thing to attract attention In the well dressed (loldsboriwgh, who was walk ing in the opposite direction from 1'hllllpV There was no argument -as they met, no ((Uarrel, no opportunity for seir-defeiise. Th shinty barrel of the pistol glinted In the sunshine, a thin hale of powder spat from the muxxle and the patter of. the shots punctuated the air with great rapid ity. Nlnggorcd but I" l Not Pull. Phillips staggered but did not fall. He lurched agulnst the Iron railing that surrou ids the clubhouse yard. with one hand to his body and the) olher grasping fur support. Satisfied that he had been successful, the as sassin tired Ihe seventh shot Into his own bruin and toppled over before anybody could reach him. CRITICISED THE ATTOHNEY GENERALAND IS FIREO Resignation of District At torney at. New Orleans Asked by Department NEW OH LEANS, Jan. 23 At torney Ceneral Wlckorshnm has ask ed for Ihe Immediate resignation of I'nlted States District Attorney Charlton It. Ileattle, of New Orleans, according to a sieclal Washington dispatch printed In The Item today The action of the attorney general, II is said, was culled rorth by Mr rScniile'H public criticism of an opln ion by Mr. Wlekersham. advising against an aiilltriisf prosecution which the dislrict attorney had start ed. The slaletneiu which (he attorney general took cx'itl,n to was given 1o the presH , Mr Ileattle Several week ago folio i ing an Investigation bv the fed. ral grand Jury of the charges i but th- N.-v Orleans clear ing bouse Mentation by certain agre. merit n o. exchange rstes vio lated the Sheimait anti-trust Inw. No Indictment was returned. Sub sequently the district attorney gave out an mien lew In which be said that the attorney general was of the opinion that th agreement referred to did not constitute a violation of the law. lie added that he did not ngrcc with the opinion of Mr. Wck- ersbam Mr Ueatiie refused to discuss the matter. ON f;o i:iivoics fiTAPF HALIIIOIf. N C. Jan 23. Gover nor Klt' bln commissioned today. Clal born M. Carr of Durham, son of Gen J. H. Carr. a member of his personal military staff with the rank of colo nel. He succeeds Col. Sol W. Cooper, recently appointed paymaster general, North Carolina national guard. POPULAR Man Drew Pi$to1 and Fired For hours his body lay In the bright sunshine with only a sheet to cover it. The policeman and two bystanders came upon tho run. At the sam moment three members of the club Newton James, rrank Davis and Frederick Evans, rushed down the steps and carried Phillip, into the house. "Graham, what's happened f asked Kvans.X 'PhliUijf jsa eoiwrlous and suffering intensely. "He shot ma in tho bowels," ho answered sake get a ductor. '.' ' XsMmkUi Identified. It was some time before an ambu lance arrived and in the meantime the club members wers trying to Identify the dead man. In the pock ets were cards bearing his name and the address 1131 K. street, Washing ton, j), c, He carried 134.70 in cash. a membership card In the American Federation of Musicians and two manuscripts. of short stories, one en titled "The Conquest of tho Climate" and tho other "Kor Conscience Bake," wm. tr. McCoflmbs. secretary of the Princeton club, recognised the man for Fltxhugh Oofdsborough of an old and respected Maryland fam ily, he said. Mr. McC'onmbs said (Joldsborouirh had entered Harvard with the class of 1001 but-left at the end of his freshman year. After the arrival of th coroner. tho body was taken to a police sta tion where It was further identified by Algernon Lee, secretary of the (Continued on Pago Four) Reported That Bonilla Is Not as Popular as Gener ally Supposed JV 15 Yv O It LEANS, Jap. 23. Advices received here today by Consul I'lloa, of the llonduran government, state that General Lara and Colonel Mun oi, with a force of 1,000 men, have left DeguclagalpH for Truxlllo to meet the Insurgents under General Itohilln. The advice, also say General Itonllla has only about ion men at Truxlllo ami the government forces, should there be a fight, would hv little trouble In defeating the Insurgents. The same Information slates that the InhahltiinlH of Puerto Cortes anil Col ha arr. loyal to the government and llitt any attack by the revolu tionary rmy can be easily repulsed. Then have been no disaffection In the Int.rlor, according to Consul I'lloa, Hint the success of the revo lutionists along the roust has been only at such minor ports as Truiilllo and Itaulnn Island. The seizure of the Hornet by the United States, the adxh-ea continue, has proved a body blow to the Insurgents and It Is ex pected the revolution will ho put down within two weeks. NOTED CAPITALISTS INSPECT RAILROAD ACO'r-KTA, Ga., Jan.. 23. A party of 3S eastern bankers and capitalists among the Hlrd H. Coler f New York, J H. Carter, Philadelphia, Edward Bnrdt, Baltimore; Pcmber ton Herman, Philadelphia; Walter Kopperman, Baltimore are guests of the Georgia and Florida railroad and w-lll leave on a special train tomor row to Inspect the line to Its Florida terminal. C. T. Williams also a member of the part v. mode a short flight with Prank Coffyn today at th aviation camp. Citizen Want Ads Bring Results. PRICE FIVE CENTS EDITOR (IKE LEA FROMJEiESSEE Long Drawn Out Fight In Leg islature Suddenly Ter minated ELECTION CAME ON ELEVENTH BALLOT Lea Will be Youngest Member of United States Senate NASHVILLE, Tnn Jan. II. Sinking at the psychological moment today won for Editor Luko Lea, or The Tennessean, the United States senatorshlp tn tho fight before tho legislature over the seat ftoott to bo made vacant by James II. Frailer. At 1 o'clock Monday morning Mr, Lua said he would not allow his namt to bo used today at II m. m.j Mon day, tho fuslonlsts had decided , to vote solidly for one candidate, but whom they did not know, At JI M they had decided to drop R. A. Bnloe, who they had , boon supporting and to to Mr. Lea who had Just given his consent to being put In the race. He was nominated at II. JO, Whea tho Inst ham had been culled on tbo roll call of the Joint session he looked one vote but a member who hid re fused to vote went Into the Lea column and later two Were whanged, giving him (wo more than the necea. ary slity-slx to elect. ; . Mr. Lett la If '.years of age and ' will have the honor of, being the' "baby" senator and holding his first public office, MeMilll polled ' votes, (i j ' , ', , i Lea's election- came' on the eleventh ballot. When the final ,-vote .wise taken the hail of representatives and c&rjrWora. were jnnuawL UR people, . When it was announced Led had -woh an animated ' ecene followed. , '.The many women vied with the men tn the noise making and filling the air wltt anything they' could, throw,'1 The victory ef Lea is one for nm- hlbltlon end a distinct defeat to- tho Patterson wing of the pertyy. Though never holding an office. Lea has been a hard flrhter for prohibition and baa taken pert In. local fights on the sltn of what was usually termed the rM , formers, '.". ......''. . AND RETURN TO WESTVA. Election of Democratic Sen ators Will Pro'-' ' ' ceed ARBITRATION CINCINNATI. r Jan., II. "We have been conceded everything we have been demanding and we are go ng back to Charleston" wit the an nouncement of Htate Henator Mere dith, one of the fifteen West Virginia state senators who have been here for a week past Just before leaving for Charleston tonight. Henutor ' Meredith said that while he articles of agreement had not 'been sealed, signed and delivered" he had been assured that an agree ment had been reached toy which the democrats would concede to the re- publlcsna the presidency of the sen ate and a dismissal of contests that are pending against two republican memliers of that body. , The West Virginia son a tors will enter Into a conference with Gover nor Olasncock and other republican eaders Immediately upon arrival In liHrleston. AltlllTBATK niFFEfiKlVCEK. CHARLESTON, W. Va., Jan., 13. Assured that no attempt would be made to enforce warrant tor arrest or non-attendance upon the sessions of the state senate, fifteen republican members of that body will return from "voluntary egile" in Cincinnati tomorrow. All matters In dispute between the 16 democratic senators and the equal number of republican senators are to be referred to an arbitration Oon)- mittee according to the announce ment of Governor Glasscock made here tonight following a conference between the governor, W. E. Chilton, democratic caurua nominee tor the seat of Henator Hcott and former gov ernor W. A. McCorkle, (he latter ft democratic member of th estate sen ate. By agreeing to. arbitration It is believed (hat the democrats1 will rescind their action' by which (Sena tor. H earns, frepubllcan) w de clared uneeated. and this and other contested election Cases .will take their regular course before the sen-te. WfNSSENATORSHIP
Asheville Citizen (Asheville, N.C.)
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Jan. 24, 1911, edition 1
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