, THE WEATHER, ''v-t '-PAIR VOL. XXVII. NO. 98. fl VEfiDICT SCHEHK j Stood 11 to 1 For Acquittal of Prisoner on The Last Ballot Taken ACCUSED WOMAN IS PUT BACK IN JAIL Motion Will be Made by Her Attorneys That She be Released WHEELING. W. .Vs.. Jan. 2. After struggling for more than a day or S 4 hours, with the mesa of tech nical and sensational testimot.y, the Jury in the case of Mrs. Laura Farns worth Bchenk, charged with poiaonlng her husband. John O. Schenk, a nounced lata today they were hope lessly 'divided and could not reach a verdict Judge 1 S. Jordan impor tuned them to further efforts, but at l.4 p. m. discharged them from the case, and the long drawn out trial resulted in a disagreement. Tonight Mrs. Schenk la again in Jail despite her hopes that she would be a free woman upon the verdict of the Jury. T1i Anal vote taken by the Jury af ter their long session stood eleven for acquittal and one for conviction. On the first ballot taken within Ave min utes after the Jury- retired at .6S Wednesday evening, eight voted for acquittal, three for conviction and one Juryman refused to vote. On the second ballot there were nine votes for acquittal and three for conviction. From this status the number standing by an acquittal ver dict was gradually worked up to 11, one of the Jurors coming over at the right session Wednesday while an other' changed his opinion today. The Juror who held up hopes of a verdict was Isaac Heyman, salesman for a local 'provision company. From the start he held that the accused was guilty of the crime with which she wai charged end it was early recog nised that there was absolutely no chance for changing the resultWhen the Jury was brought into court at C o nHrali Vndge Jordan asked: "Have you arrived at a verdlet?" "We have not." replied Foreman Phillip Burke. "Is there any possibility of agree ing?" the Judge asked. "There Is not," was the emphatic answer. The Jurymen were polled separately each giving as their opln- (Cootlnaert on Page Four.) YOUTHFUL LOGHINVAR SPITE OFALLOBSTACLES He Dodges Paterfamilias and Police and Now Has A Little Wife EXCITING JOURNEY SPARTANBURG, S. C, Jan. 26. Outwitting the police of Raleigh, N. C. and eluding the father of the bride, S. W. Jenkins, 21 years old, a lumber dealer at Clayton, N. C and Miss Mayme Honeycutt, the 18 year old daughter of W. R. Honeycutt. a prominent merchant of the same place, made a night flight of fifty miles In an automobile followed by a railroad Journey of more than 300 miles, and upon crossing the state line this afternoon, were married In this city by Lewis M. Cantrell, notary public After the ceremony, Mr. Jenkins telegraphed to friends In Clayton asking how "the land lay." They advised him to remain away for a while. TO lBOP APPEAL r-fi.iTMMT: h. i:.. Jan. xb. -Aiier much debate the state senate tonight, paascu me canmie rewiiuum wmui directs the attorney general to drop the appeal in the so-culled Southern The merger of the Southern rail-1 way and several other roans was upheld in the Circuit court last De cember and the state appealed. The resolution now goes to the house for final action, HITCHCOCK CtRIOCS WASHINGTON, Jan. 2 Repre sentative Hitchcock, of Nebraska, sprang a sensation in the house today by demanding an investigation of the Irregular proceeding v-blch ha re ' suited In . delay of 4 days In get ting the reports of the Bsilinger Pinchot tovestlgating committee printed and into the iands of mem ber of th house. ' The acrimonious debate followed In which Speaker Cannon took aa active part resenting what h termed an Implied criticism of th chair. - ., ..,, UfJABLETOREACHA UHYISDISMISSED THE KEPT N. Y. JOURNAL OF COMMERCE BUSY DODGING BRIBES According to Dodsworth Even Poor Old Spain Wanted to Pollute Him With Financial WASHINGTON, Jan. :. A flat denial of statements made by Alfred W. podsworth, business manager of The New l ork Journal of Commerce, who said that an offer to buy the editorial influence of his paper had been communicated by Its then cor respondent, Chas. A. Ccnant, was made In a telegram to the house ship subsidy investigating committee from Mr. Conant, now a New York finan cier. r Mr. Conant says Mr. Dnds worth Is laboring under a misappre hension, and that he. Conant, "was never Interested In any manner In shipping legislation" and never sub mitted any offer from the Spanish government, or from any other source. to bribe The Journal of Commerce, or to Influence its editorial opinion on any subject" Mr. Conant wus subplenaed to ap pear before the committee next Mon day with John W. Dodaworth, editor of The Journal of Commerce, and F. C. Donal of Chicago, manager of the central passenger association.' More Attempts Still another attempt to buy the In fluence of The Now York Journal of Commerce, In addition to the foui propositions admitted yesterday. Was disclosed to the- committee today by Business Manager Alfred Warren Dods worth of that paper. - All the propositions were declined. The latest disclosed attempt was an offer of 136,000 to support, edi torially the plan for the sale of the DeLeaseps Panama canal property to the United States. This made a total of 1 176,000 offered the paper. according to Dodsworth, in definite amounts pf three offers besides an unnamed amount from the Spanish government and a check which John Roach is alleged to have told the elder Dodaworth that he could flit out with any figure he chose. Slay bo "Kuclion". Incidentally the committee" la In dignant at the failure of Alfred W. and John W, Dodsworth to disclose these facta at previous hearings, and whan John W. Dodaworth reappears before the committee a lively collo quy ts expecteeV'tw-i !3siC-e!fc'w . The working methods of the "con ference" steamship lines, handling what in claimed' to be 88 per rent of the trn- s-Atlantlc passenger traffic, were told before the committee by Herman Winter, manager of Oel richs company.tho general represen tatives of the North German Uoyd Hteamshlp eomptmy. Mr. Wlnlpr tewtlfled that the whole JOHN GARY EVANS GOES DNTHETRAILQF GOVERNOR :ise OFJ. JEUB1HI Is Satisfied That the Legis lature Will Look Fully Into Published Charges PREPARED TO FIGHT SPARTA NIHJRO, 8. C, Jim. 2d. Former Governor John Gary Kvans returned this afternoon from Colum bia, where ho went to demand an explanation of the Implied charges made against him by Governor Blease In the hitter's message to tho legis lature regarding the commission for winding up the state dlspensery. lie said that upon learning that the leg islature would investigate the charges he made no effort to communicate with tho governor. Mr. Evans en tered a general denial of the Insinu ations In the following statement: "As soon as I saw the matter in The Herald I Immediately went to Columbia, I found that the legisla ture had appointed a committee to make an Immediate Investigation of the allegations In the governor's mes sage. It will bo reported at the pres ent session. "I will state that so "far as I am roncerned the conneetlon of my name with the matter la without any foun dation of fact or circumstance. I have not seen one of those whose names Is mentioned In connection with mine In four years until a week ago In Columbia.' MRS. KEJTET DEAD NEW TOnK, Jan. 2 Mr. Frsnces J. Hcneir of Ban Francisco, whose husband gained fame as a fighting prosecuting attorney, died to night of tubercular meningitis. Bbe had been 111 about ten days. Mr. and Mrs. Heney came here on Jan. C. to attend the dinner of the Periodical Publishers' association. JMIj DKI-IVERY OB8IVT.no, N. T., Jan. 2. Beat ing down their guards with heavy brass musical Instruments as weapons, three prisoners. on - of them a murderer, serving a life sen tence, made their escape from Ring Bin? prison tonight and were lost in th fog. SHBULEE CITIZEN. ASIIEVILLE, N. Offers. point of the 'passenger traffic pool was that each line must maintain its share of ths business and wnen one line get too many passengers it would be authorised to raise the rate. H contended that the onus ' of the re duction of rotes on sailing dates of the Independent Uranium lines was on that company;, that his own line never took the Initiative In cutting rate. For fifteen years he said his line had railings on Thursdays and When the Uranium line' began to get) any business at nil lie had to rodues his rate. PREPARE ARGUMENTS IN GERMAN POTASH CASE American Buyers File Brief In Opposition To That of President Vogel WA8HINOTON, Jan. .-Argu-ments In opposition to the brief filed with President Taft by A. Vogel, rep resentative of ths German potaab' syndicate, were prepared today by the executive committee of the In dependent potash buyers of the Unit ed ritates, claiming to represent most of the fertilising Interests and the large chemical and gunpowder con cerns. The committee, arranged to confer with Secretary Knox at the state department tomorrow. Members of the Committee char-' acterised the Vogel brief as a con fession of discrimination on the part of the Oermfms and added -that tnay also would pove tha illegality of the operation In this country of the Ger man syndicate In competition with American- Interests. He declared that the penalty export tax on pot ash to Americana If not removed by the German government would keep the price of potash per ton for the American farmer from 111 to 14 above what Is really should he. POLICE BELIEVE THAT OE iril ASSASSINS Mystery Surrounding Death of Former Minister Is Being Investigated BODY FOUND ON HOOK ST. PISTKIIHIIUHO, Jan., 28.--Thkro Is much mystery In the death of Prince Tihln Pomll, ex-Corean rnhilHter to J(uiiMla, whoso body was found todny hanging In his lodgings in a suburb of 8t. Potcrsburg. It was thought at first that the prlnco had committed suicide. Llten from the dead roan addressed to the Korean end Russian emperors, were found ivitti no the tu.hle loirether with u rt. nlhLi lu,,(.r lntl,'(ittnir t he reujinn fur I .. . i , u I IDS Wlice Bunirt-i m turn i"o m; was murdered and his body placed In the position In which It was found. Th officers were summoned by the prince's secretary, who hoard shots wlbrsln the barred room. An en trance was forced and the body was found hanging to a hook in the cell ing. One of his hands clasped a re volver. Three bullet holes iwere found In ' the wait Examination showed that one of the vertebrae wa broken. An undertaker's re ceipt for a sum -of money for tne transportation of the body to Vladi vostok was discovered on the prince's person. The undertaker stated that ihls money hal been deposited with blm a few days ago by a self styled Japanese prince. a IXH MARDI URAS. WASHINfmN. Jan. 2 In ad dition to the four torpedo boat de stroyers whi'-h hav been ordered to Mobile for the Mardi Gras there tn February, the scout cruiser Birming ham also vs. ill represent the navy. OOI .M'IL ADJOIHNS NASHVIM.K. Ten.. Jan. . Th Sunday school council of evangelical denominations closed in tii.'s city to day with th election of th following officers: President, A. J. Rowland, Phila delphia, re-elected; vie president, J. M. tuncn, Toronto: secretary, Hen ry H. Meyer. IK I.. New Tork: treas urer, V, H. Bmith, NaahvUl. , , G, FRIDAY MORNING, ' . -T-i - - ' ' ' I I I I . SSI ' -..'. -" " TfM I ;- --iiiiiT;I fl It-..-. v-.u-yjA ' ' Mrs. Laura Schenk. Who Must Stand Another Trial "'"T"f1''TT" fii w winsfapiiHu. jaiiw ip.waJWsssBM 11 iiiisi. PRESIDENT PLEADS FOR PROMPT PASSAGE OF THE U.S. AND CAN A DA TREA TY Sends Special Message to Famou$ Agreement Looking to Such Treaty?' JVj cuns Cheaper Living? WASHINGTON Jan. 89, -Th terms of tha new reciprocity agree ment between the United Slates and Canada wer announced simultane ously tirjm torfwtawa-rtmia?. Th agreement provide? reciprocal Hats on leading food products nnil places on the free list certain commodities such as cotton seed bit by Canada and rough lumber by the United Mtates, and somn taw materials. Print ing paper Is to iMH'ome free on the removal by Canada of all restrictions oh the exportation of " pulp wood. With an extended message urging its confirmation, the agreement Was sent to congress this afternoon by President Tsfl. Urging the prompt passage of- a reciprocity treaty be tween the United Statin ami Canada, President Taft today sent to congress a special mcsanK accom panied by the agreement, looking to such treaty, reached by representa tives of the Canadian government and state department, reached at a con ference In this city. Identity of two peoples linked together by race, lan guage, pollhal institutions and geo graphical proximity, Ge president gives as the. chief reasons for such reciprocity ns he recommends. The president hhvs that he feels It Is "the HARRIS PLEADS FDR IE Says West Virginia Will Have No Right to Com plain if Justice Is Done WASHINGTON, Jan. 2. In an I appeal for what be termed Justice for the old commonwealth of Virginia, Randolph. Harrison, of Lynchburg, today closed the long oral argument before the Supreme court of the Unit ed Htates over' the apportionment be tween Virginia' and West Virginia of the state debt at the time the lat ter was admitted Into the union. "81m asks only for Justice," said Mr. Harrison for Virginia, as he brought the argument to a close. "West VlrKlnla has no right to com plain If Justice Is Jne. Justice has long been delayed. It Is but right thst the state of West Virginia, so prosperous, probably the rights In the union should comply with th ob ligations which she made In being ad mitted Into the family of states." WASHINGTON, Jn, Forecast for Western North Carolina; Fair; tightly warmer la atTn portion. JANUARY 27, 1911. Congress Accompanied by wish of tha American people" that this' country enter Into a 'mors lntl mats ; and , cordial relationship with ffS)taa1Sfl',,nwi;i' Tpiiii, ,Wi . pn ji I..-.;.. srf liberality in view lit dealing with the proposed treaty Is recommended by President Taft j Ijoglcal Mcaiifwa After speaking of ths efforts made previous to ihe conferences hsre till month to bring about a trad agree' menl between the two ' countries; President Tart says, the path having been thus opened for ths ' Improve ment of commercial relations, a recip rocal trade agreement Is tha logical .sequence of Bit tt"tt has been accom plished In disposing of matters of a diplomatic and controversial charac ter. "The guiding motive in seeking adjustment of trade relations between two countries so situated geographi cally nhoold he to give play to pro ductive forces as far as practicable, regardless of political boundaries. No ysnlstlek can measure the benefits to the two peoples of this freer com mercial Intercourse and fid trade NEWSPAPERS MAY GIVE AOVERTISH PASSES Alabama Legislature After Spirited Debate Takes Action on Corporations MONTGOMERY. Ala.. Jan. 2 Hnllroii'lH and other corporations were before the Alabama legislature today In both houses, in ths senate, after much KklrmlKhlng and a spirited de bute, the bill allowing newspapers to cxchnnK" advertising for railroad lHnf-H and nherlff to accept free transportation was passed. Walker Percy and Speaker Almon were the ohjecta of heated attacks In the lioiine by Or. I.'uddleston of Kl mor ami Mr Jenkins. Ur. Huddles ton attacked corporations and corpor ulion lawyers and especially Hlrmlng- hnni corporation lawyers; Mr. Percy r-ille, that he Was fortunate enough to be corporation lawyer, but he did not auk any corporation, but the people to cnd him to the legislature. Kpeaker Almon objected to allowing a former member a seat 00 the floor, and this csued an attack on him from Mr. Jenkins. GRAND OPERA FOR ATLANTA PEOPLE ATLANTA, Oa.. Jan, . It was announced here today that the Metro politan Opera company would appear In Atlanta for four performance on April 27. 2 and ? next. "Th Girt of the Golden West," "Koenlgskind- er." "II Trovatore" and "Olaconda" will be sang here. Among the noted singers to be In cluded In the cast ar Carnso, Farrar, Altai", Mlezak, Karl Jorn, tlsmf Dva- unn and Rappold. COMMITTEE OF 100 ADOPTS R E P O R T FOR COMMISSION Almost Unanimous Vote Recom mends New Form of Government To Citizens of AsheviWe. I !,..' At the meeting of the committee of 100 last night to hear the report of tho committee of seven which waa recently appointed to draft a charter for the commission form of govern ment for this city. It was decided by kn overwhelming majority to recommend to a mass meeting of the Cltlsena of Ashevllle to be held next Thursday night that this city adopt tha commission form of government and Instruct Its legislators to provide for an 'election to phvoa this city un der the commission form of govern men.. Chairman UernardValled the meet ing to order and asked Chairman George 8. Powell for lbs report bf tho committee of seven, lie road the following report! , ' I "Wa submit herewith and fm-' mend for your approval, a plan for: a commission 'orm of government, and request that you recommend, am to a mass meeting of ths nit J- j kens of Ashevllle, to he called In accordance with tha resolutions pas sed at a, previous mass meeting, pefore resdlng thts plan, WS Wish to say that while tha tlms taken by tha commute for this Work may seem short when tha importance of tha matter Is considered, yet the movement for a commlslon form of government ta pot new In Ashevllle, end that ws have used In making up this plan, tha Information gathered by thosa who have given tnuoh time, snd thought to ths subject, . In tha rail of 1101 tha board of trad ap pointed a commutes' to Investigate this matter, and report back to the board. Later on, ths Retail Mer chants' association And Central Labor onion took similar action.. In the early spring of 1110 two of these committee filed an exhaustive re port "showing the workings of the commission plan In other citus and recommended that our representatives In the next general assembly bs re quested to taka steps to secur such legislation s may be tiecassary to nabla tha cltlasng of th t city of Ashavllla .. to .' adopt i tha commission farm of. governments Tl) repurt was untinlmCunly adopted. Tha plan herewltkjMbjrnUiRd. contain lb best, features of the charters of flalves ton, Houston, fM" 'MolntMi. V Csdar napldi and Greensboro, ; and h change recommended hav proven to h progressiva step In b develop ment of municipal government along practical business lines. The mn .features of this plan ar to divide tha dittfps and the responsibilities f th city , government among three men, on of whom It th mayor and known as commissioner of account snd finance. Another known as th commission of public work, Snd th other- to b known as th com-' ihlssloncr of public nfiy. The first I to receive salary of twenty-five hundred dollar and th other two two thousand dollars , per annum each. These men ar to devote all of their time to their public duties, and ar to b directly responsible to tha peoplo. Partisan politics Will be eliminated from th city elections so far as It I possible to do so, and tile power of recall I vested where it bnlonga-Hn thn people, The plan also embodies th Initiative snd referendum. We hav recom mended no changes In th present BELATED NEWS OF ABIE BATTLESEEPS TflRBUGH Federal Troops Rout 400 . Rebels Who Had Been Pillaging and Burning MEXICO ClTlT, " Meg., , Jan, I. Related new of a flv hours' battle between troops and rebel near Ban Juan Kvangellsta, southwest of Coatsaclolcl. Vera Crua, reached this city today. Tho rebels estimated to be 400 strong, who had been plllittc ing ranches In the Acayua?an dis trict, were routed by federal on Jan uary 31 with a Ions to the latter, said to have been three killed and sev eral wounded. Tha rebel loss Was not known. After the battle, Captain Oonxale. of the federal army, with hi aid; was attacked by the revolutionists white en route to the town of Acsyuacan on a mission. Their took refuge In a church at lCrn del Mllagro and made a heroic defense. The rebels fired the building, th two unfor tunate meeting death In th flames nBVOI,tJTIOJfIHT KOtTRD. NEW ORLEANS, La., Jan., it. The revolutionlsta In tha department of XaPns, Honduras, tinder the lead ership of General ffalo were routed by government troop yesterday,' ac cording to despatches received today ty &val General Vlloa, of Hondu ras. No details of th battl which occurred near fh Salvadorean bord er, were glvn. General t'lloa ex pressed th belief that General Oult teres, vice president, and command ing general of th government troop In th field would shortly strike a telling blow against th revolution Ims commanded by . General t Christmas. . 7 .... " . : ' , . Cltixen Want Ads Bring Results. PRICE FIVE CENTS charter nor In th ordinance, Mcept those In conflict with this plan. W retain our present' charter, amend ments and ordinance In respect to publlo schools, sanitation, publl health, street improvement, . taxes, etc. Th who!' proposition. I to b submitted to th voter for their rati fication or rejection. Ashcvlll' to , day ha on of th heat of th old form of municipal government, and w hav been particularly fortunat t having good men to manage our municipal affair under system that t obsolete In some respect, Ashe vllle Is one of the best advertised, cleanest and most progremriv cltle ht the country. The achievement hav been attained by publlo spirit that has always been quick to adopt Improved methods, and willingness to benefit by th experlenc f oth er. Thl ha bfen shown In the building of th first slectrlo trolley system In th South,, our ' publlo school system, water works, street and swer Improvement, sanitary d 1 partment, Auditorium, stc, all of which had to meet th argument that "It Is beat to let well enough alone,' Because of human limitation the plan submitted ts far from- perfect, and those who r looking for defects' only Wilt find What they ar looMng for, but, whole IV Is a forward, step: In nur municipal development, and unless th Ashavllla aplrlt has died out, It will taken with th same wladom nd frcmndeno. that' has been shown In th tat. iwctfully submitted, "flint), H. POWRt, ' f j "W. B, WIMitAMROKi 1 " "O, R. JARWKTT, ' - ' -I "THOMA A. JON KB." , Mr. Powell then stated that it was th deslrrt of , th commute that lJft night' mooting be a harmonious on and that personalities b not In dulged n, In that no good could possibly result In hard feelings and word which-would b better left unsaid, M pleaded for every man n th meeting to cxpre hi opinion In clear cut manner an 'to re' member that every ,man pressnt was working for th good of Ashevllle, twtwlthalBndlng th tact that many different opinions wer rpreintei a to how to ttaln iha best thing for th city. II stated that h Had sked Jtidg Thomn A. Jone lo -read th proposed charter which I lisped after, th dreensbnro plan, , ,, Mlnrtrlly Ilcnrt. ' ' At thl point Mr. Klngsland van Winkle, member nt th aommll-t ten of seven, Itsked that bn bit allow ed to fllo minority report. Tha commutes voted to hear thl report' (CiHHlitwl on ,riw Three')'' ' j IE! 11 CONCRETE CRAVE D,'l Directors of Mother Churcll Were Present at The Im pressive Ceremonies :f. i !''.'"-. .it.; ..rv , I '-"V.'.'' ''J '- aflistgi -j .-.-? GEN. BAKER THERE (.'AMUR! DOB, Mas.. Jan. In r concrete, grav on th shore of,. Ijftke Halcyon In Mount Auburn , cemetery tbor was laid today : bronne casket containing th body of Mrs. Iliker Eddy, founder 0( tbe t'hrlstian Selene denomination. On the casket . rested brona bo en closing a complet Mt of th work . of Mrs. Eddy, together with M Christian Bclenc publication while .th silver plat beneath gav her nam and date ot . Iter birth , and death. The ceremony was attended by th directors of tha church and a wore of H Strongest upprtra Judge i'llffnrd P. Smith, first reader of two mother church, repeated th nlnetv first Psalm and the last two ,yjri In Judge which wr read at tno ranerat.on. imiiunr i,- jnru the grave was sealed. , 1 " Oftnerel Henry H. Baker, of Sow', V. H., Mrs. Eddy' cousin and -t utor of lier will, was th only mem-, her of her family In atundanc but It was announced -that all claim to ihe old burial place fcad been waiv ed, ' th churcll hurlt-d Jt leader. TRUCE DECLARED IN SENATORIAL FIGHT AtTIANTr ft T Jan.. . Another Hires day true wa declared tonight -In th battllo to elect a United State senator, , trader of hotM house of the legislature said there would b no quorum of th Joint assembly to morror. , Wm. F. , Bheehan 1 whos strength n the eighth ballot today showed no apparent diminution. In tend ta go horn tomorrow and Cha i Murphy and other Tammany Hall leader will spend th : week nd In New Tork. Th trnc wa de clared In recognition of th general feeling that thsr Wa BO ehnc,of breaking th deadlock thin week.