mm THE WEATHER SHOWEBS circulation Daily Over 8,000 ;ASHEVILLE N, C-, WEDNESOIVYy&lCflJJfING, NOV EM RE I? 1, 1911 VOL. XXVIIIvNO. 10 PRICE FIVE CENTS Can it Hold Him? ACCUSEDMIKISTER BUT LITTLE F INDlCTEOBYGRANa i IN PRdMISE MADE MM AND All IN SHftTTOF MINE Entombed - In Shaft b( His Claim With Left Leg Pin-. , ned Against the Side F E N On Five Counts. Rev. C. V. T, KICheson ts Charged With First Degree Munfcr Revolutionary Leaders so Ex press .''Themselves. Confl-" dent of Strength - ,' Prosecution Seeks to Show, Woman Had no Reason to Fear Garland HEmiiE citizml i ' ' " .f" i : ss . E1EVILLE N, C-, WEDNESOfVS FAITH HIS Di YTULU UK INTIMACY 0 MRS I " I f .'1 h ' JURY FDR 1 RQMTHETHRON WD CLAIMED jJUKORS UNAM-MpUS FOR THE INDiCTMENT ,Mthlsterv Appears in Court! . Haggard, Pale and Sesms to Have Lost Weight BOSTON, 'Clarohoo V Ms at.. Oct. Klihs-'.'., ? S.'Jta ii.n'or nf . . , . Imqnuel PeptLV ur.C.obride, was inBloted on five ,oouu: ..v'l.rulns murder in the first, degu-o by the .Suf folk grand Jury lata ;hlr afternoon for the a.leg.d P!"l tl'b 14 f. Vila rA.m.. mm-rnt&t i MIki It'l 14 of hi f6rmer sweetheart. MIrs Avis W. UnneYl, of Ifyanuls. 'Ihe grand jury reported their finding to Judge i George A, Sanderson, ill the superior ' criminal court, after hearing moro . .than thirty witnesses during four days' j conaideratlon of the case it is under - atood that the Juror were unanimous In ordering the return of the Indict ment. . By the returning ot thie true bill the necessity of holding a hearing in the municipal court la obviated. In connection n-lfh this latter proceeding, Rev. Mr. Richeson appeared in. the lower court today, but the case was continued formally without action, and the clergyman taken b!tck to Jail immediately. By a coincidence today had been fixed for the marriage of Mr". RlAeson . and Miss Violet d mands, of Brooklln. The minister, as he atood In the dock this morning, looked somewhat haggard and pale. Despite the fact that he . wore the same ministerial garb in which he appeared before in court, he was scarcely recognized by those In the court room. His clothes tiling loosely about him aa If. he had lost weight. But the raven black hair ' was combed in the same neat way whjoh Moisted in giving Mr. Richeson the distinguished air everywhere re marked prior to his arrest. The indictment which is said to be fclraost unique in the annals of Massa chusetts homicides in which poison ing has figured, is of the so-cailed "blanket" type. The five counts be ing so worded as to permit the intro duction of evidence Jby the govern ment as to any of ever a I methods by which the poison may have been conveyed to the dead girl. As worded, the indictment indi cates that the government as yet Is without information as to what means were employed to hand the poison to Miss Linnell and is uncertain also aa to the exact form in which the poison was taken. IDstrlct Attorney Peiletler, who had directed the presentation of the evi dence, said he believes the grand Jury . was fully 'warranted In finding an in- j ' dlctme,nt Attorney Philip R. Dunbar, coun sel for Richeson, declined to com ment on the grand jury's action. The date of Mr. Rlcheson's trial Is till tentatively set for early in Janu ary, but neither the district attorney nor Attorney Dunbar would say to i night whether any agreement had ' been finally reached in the matter. It was Teported this afternoon that At i torney John I Lee; of Lynchburg, a 1 prominent criminal lawyer In the south, was on his way here to confer with the attorneys fo rjhe defense In oonneetlon with an offer of a retainer. I SFNATIONAL COMMITTEE HAS AN UHIQUE POSITION (Supported by Clark Harmon's 'Friends, Friend of Wilson and is PRIMARY OPPOSED KANSAS CIXY. Mo., Oct 81. Ed , ward F. Qoltru of St Louis, today se , lected as the Missouri member of the democratic national committee to suc ceed the kue Oolone) Moses Wetmore, Is rated as many times a millionaire. Be had the support of friends ot Bpeaker Clark, aa well as those of 1Oovernor Harmon, of Ohio. He him self Is a close friend of Governor Wecdrow Wilson, of New Jersey. Judge Virgil Rule, of St. Louis, who is advocating Speaker Clark for the presidency, was active in support of Goitre, and aa was said, former Gov ernor D. R. Francis, of St. Louis, who Hided Ooltra, favors Harmon. Politi cians ware unabl to state whether Wilson, Harmon, or Clark would be benefited most by Goltras selection. For the most part they agreed that It wag unfortunate for former Gov ernor Joseph W. Folk, ' Mr. Folk's supporters would not admit this but pointed to the fact that the demo- erari? state committee went on record I - . 1 Lbrpe) AMERICANS MAY AVERT ANY SERIOUS TROUBLE Disaffection Among .People.! and Troops Prevent Satis- factory Communication FEITOTO. Ort. H.- I ihsi rebel: force and the Jtswi pr-rituais continues, n is veuevea .lha r9r, ar m(J(lnl, aetar mined, reslstanoe. , Late advice re- reived hero Indicate that Hankow, city was rfot retaken by the Imperialists, although General Ytn Tchang rap- turcd railway station immediately 1 ti to the north. Contrary to promises,! however, t'n railway service hap not bpen resumed nor has telegraph com munication been - re-established. The fact that the Associated Press, cor- . t . t.''. :;r : r- I bciii uu worn irom me iioiu iu inu days may indicate that tb& censor will not permit him to repqrt unfavorable news. v In the meantime there are serious dangers along the railway line be tween the war minister's position and Peking. Disaffection among the troops and the people, has prevented satis factory comunlcatlon between the va rious sections of the loyal army. Tuan Shi Kai started for the front yesterday, and is not at Sin Yuan Chau". The policy which -he ' -will adopt is eagerly awaited. Negotia tions, looking to a settlement have been under way between Yuan Shi Kai' and the revolutionary leaders, but the latter are confident ot their, strength and have expressed them selves as having little faith In the promises of the throne. The Americans will hold a meet ing at the legation tomorrow to de cide upon definite measures for their own protection. Foreign troops are guarding the mission houses In 'Pe king. It Is believed that serious trouble b- the eapitat wTIt e avertef 'fcjr'tM Americans. . " ' THRONE MAY YIELD WASHINGTON, Oct. 31. Yuan Phi Kai, the dominating force in China, will return to Peking in an swer to the Imperial summons, only w.rwn the prince icgent voluntarily relinquishes the power he now en joys of condemning any Chinese to (Con tin wd on Pure Three) L DISTRIBUTION OF DIVIDENDS DECLARED IT U.S. STEEL CORPORATION Reports Circulated That Steps Were Being Taken to Enjoin It EARNINGS INCREASE NEW YORK, Oct II. In spite of apparently unfounded rumors circu lated on the stock . exchange today tU&t steps were being taken to enjoin the common dividend of the United B tales Steel corporation and gossip al so that It might be reduced, the usu al distribution of 1 1-4 per cent on that security was declared at the reg ular quarterly meeting of the direc tors this afternoon. There was com plete accord among the directors present as to the dividend which the quarterly financial statement showed I had been earned, although no extra appropriations were made for expen ditures. The usual quarterly divi dend of 1 S-4 per cent on the pre ferred stock was also declared. Unusual Interes is attached to the meeting by 'reason of the dissolution suit recently instituted by the govern- ment against the corporation, and the latter'yannounced determination to 1 ODDose the proceedings, but nothlns additional on this subject was made public. Trade conditions In their re lations to the immediate future formed the bests, it was said, of a part of tTe discussion. The financial statement which was for the third quarter of the year, end ing September 10, showed earnings of t29.il2.72S. with net earnings of $22. 716.157. These compare with 128. 108.150 and I21.8IM40. respectively, for the quarter immediately preced ing. For the corresponding quarter of 110. earnings and net earnings were I37.Seg.187 and t31.04l.72B, re spectively. In practically all particulars the statement was decidedly better than had been expected. The surplus net Income for the third quarter Is 12, 74S.4M. ss against tl.Sfil.177, in the preceding quarter, but is much below that of the same quarter test, year, (bea thla Item touted tll,7MU. MESSAGE LEFT TOjLD DIFFERENT STORIES Just as he Had Found Gold. -California Man Meets Ter rible Death 'i'RK&E.POBT, Cat.. Oct II. An J'eay certificate found on the body of J. J. D. Miller, who died in the shaft cf hie mining claim twelve mile north of here, told two stories when it wag deciphered in the cor oner' office here today. One side told of fold in Miller's shaft. The other bore the penciled record of the man'i . . . . . seven-day imprisonment, ended by death at noon Friday. oetoDer w. The body was found last Saturday with the left leg pinned against the side of the fifteen-foot shaft by a mass of rock, standing upright with his head thrown back. The shaft Is slightly inclined and he muat have seen' the house which stood on the Meridian as he wrote the last line ot his diary: rVFrlday noon, the thir teenth day, no hope." Diary Record The certificate was rolled and had been .replaced In his pocketbook. The dally record follows: "October 6 Frank Yparragulere. Sweetwater: If help does not coma, send this message to M. C. Miller, wife, Harrisonburg, Va., ' and wire what to do with the body. J. J. D. Mil ler." ' "This occurred Friday morning, Oc tober 6. It Is now Saturday noon. "Io help yet.. Why did this come? . "Sunday night It Is cold and long. God help me. I forgive mother. "Monday It Is noon. Why did Dick forget A drink of cold water would taste good. Am getting weak. Tuesday night The end Is . near. Don't see how Dick can forget me. "Wednesday morning Guefs to night will be last; no hope; tjh end near.' "Friday noon The thirteenth and no hope." The "Dick" referred to Is Richard Barnes, a teamster on the Yparra gulerre ranch, where the two men had been employed together. The body was found by Barnes. Miller came to California a year ago from Virginia. An unsuccessful attempt was made by the authorities to communicate with his widow In Harrisonburg today. NEED THREE TALESMEN TO FILL JURY BOX TRIAL OEJAS.MIMARA Opposing Counsel Will Soon Begin Exercising Their Challengers COURT ENCOURAGED LOS ANGELES, Cal., Oct Si. Three more talesmen were needed to night to fill the jury-box in the James B. MoNamara murder trial before opposing counsel begin exercising their peremptory challenge Five ot the nine accepted so fax as challenge I for cause is concerned. hv K..n chosen In a day and a half. The burst of speed encouraged court and coun sel. With, twenty peremptory challenges at the disposal of the defense and ten in the hands of the state. It is consid ered unlikely that more than three of the nine will be on the final Jury. If all the thirty peremptory chal lenges allowed by law are used, which seems likely, they will empty a fuli Jury-box. with eighteen left over anrt mese are exhausted, a fln.t twe)ve men will have to be selected ,m . . " selected, lmPerV'" to challenge for cause. The completion after a Jury is therefore considered a matter of weeka Only a half session of court was held today because of a Loe Angeles I primary election. Talesmen Frakes i .. . Tl . ouu duiuimn were accepted as to cause. Johnson was taken over chal lenge by the defense, which w dis allowed by the court. A challenge against Talesman Thomas E. Preston, presented by the defense after Preston had said that from a per inexperienced he had formed opinions which would prevent him giving a fair trial, waa under consideration when court adjourned. 7udge Bordwell announced that he would take up before court tomorrow morning the preliminary examination of the new ventre of forty yesterday, to see If any have excuses other than belief which would prevent their serv ing. Thla plaa expedites the examinations. 1 "'1 " ' r WICKBRSHAM OF TOBACCO piSSOLUTION PLANS Insist Howeber That Court Thatk Appears That Dissolution Does Not Result in Conditions in i Harmony NEW YORK, Ooj. n.The end was reacned late loflaj in the arguments which have been pmsde for the past two days before the United States cir cuit court for and g!nt the plan of dissolution . filed bjt the American To bacoo company, 'i Judges Lacombe, Noyes, Coxa, and Ward, took the case under advisement? A decree'ls ex pected within a .few days, determnl Ing whether thie much discussed plan Is In accordance t with the supreme court of th Units States, which held the American Tobacco company to be an illegal combination, in Restraint of trade and ordered that the trust be disintegrated ao aal to. restore compe tition In the tobacco Industry. : us, tns a sjrgsmenw . toaar centered chiefly inThe appearance of Attorney General Wicltersham. He stated that be approved generally of the plan, but at the same time made recommendations which met vigorous protest on the part of the stock and bondholders of the American Tobacco company. Mr. Wlckersham insisted that the court, by injunction to pre vail from three to five years, reserve to the government the right to appeal to the court at any time It should ap pear that the dissolution of the trust had not resulted in conditions in har mony with the anti-trust law. Joseph H. Choate, counsel for the ( per cent bond holders of the cor poration, who are to surrender their bonds for stork In the new segradated companies, protested against this amendment. Ho was supported In this by Lewis Cass Ledyard, of counsel for Ihe American Tobacco company. Both of them declared that the Incorpo ration of such a clause In the reor ganization decree would upset the dis integration plans. The attorney general made no reply CONVICTED FOR SHOWING DEULAH BINFDRD FILMS Manager of Moving Picture House at Durham Under Heavy Hand of Law DURHAM, X. (. Oct. 31. T. F. Wilkerson. mansger of a local moving picture establishment was convicted today on the charge of exhibiting Im proper pictures. He recently exhibited a set of films purporting to portray events In the life of Ben Is h Blnford, the seventeen-year-old "girl in the case' 'In the Benttle murder trial In Richmond. The Judge declined to have the picture Intni i'iced as evidence by the defense, holding that the girl's life historv couH hold no snod or morsl lesson. Kf-ntence was deferred. I c'"""-1"'3. and. finally by the supremo j court. The two decisions last spring, KX-8LAVK UTFT FOKTt'M-: I ,n my Judgment, give It definite mean fs'EW YORK. Oct II The will ,n tnat 8ny combination In restraint of Mrs. Anns Maria ' Fisher once a of tr"de wl,n tht PurI"" "f control slave of Henry Clay, filed In Brooklvn f lnlt pT,r anfl ,in,r)f competition Is a today, showed that she left a fortune! l'l"l" the statute. Men know of 170.000. She made a number of wh"lh" h"' lnten1 tlfo compe charitable bequ-.t.. Including 110.000 i tlon ahd ""oi Prices, and all that to the Tuskesee Institute. The wo- i ' ""'"""y In a court of law Is to man died Friday last at the age of 2 years. . WASHINGTON. Oct tl. Forecast North Carolina: -! rain,, r Wednesday; colder In west; , brisk to high -north winds; Thorsday fair; colder. " R oSzf, S&SV&TK APPROVES GENERALLY Reserve Right For Government to Appeal at Any Time With the Sherman Anti-Trust Law. ' j to these protests. Mr. Wlckershgm was ; also criticised by counsel lor the Am erlcan Tobacco company for suggest ing that the court revise the dlssolu. tlon scheme in so fsr ss it relates to the United Cigar Stores company. Characterising the alllanoe Of the ci gar stores company and the trust as one of the chief sources of complaint from the Independent tobacco trade and as the trusts arm to harass the retail trade of the country, the attor ney general urged that the stores company be segregated entirely from. the tobacco trust aljlance through the sale of. Its stock controlled by. trust holders to euUlde investors. , , ' The attorney general declared that anoui a plan f re-organisation with out resort to a receivership, which would be disastrous, and In outlining the government's -attitude In trust prosecutions, he quoted from Presl dent Tart's messages to congress on the subject expressing desire to eon serve the legitimate interests of prop erty. "The guiding principle which the government has passed In con nest Ion with thla supposed disintegration." said Mr. Wlckersham, "has been whether or not the division Is msds Into parts of less magnitude as to offer any possibility of the continu ance of the monopoly now possessed and exercised, and yet to restrain tha activities of the various corporations among Which the business Is to be distributed, within the hounds of le gitimate and useful business. -Dlfferpiioo In Case "Of course there is a difference be tween a case where a combination is brought before the court for its de termination as to whether or. not it constitutes an unlawful combination, .SHERMAN ANTI-TRUST LAW GETS TAFH ATTENTION Answers Criticisms Offered by Martin W. Littleton at Banquet PITTfiBURO, Pa., Oct. 81. Presi dent Taft defended the Sherman anti trust tonight In answer to an address made by Congressman Martin W. Lit tleton, of New York, who earlier In the evening had attacked provisions of the law at abanq.uet of the Pitts turg chamber of commerce. The president said In pert: "The. Sherman law has been on the st111 "ooks ror iwpjjiy years sna nas onen cooHiruea ana construwi, ana ... ....... That Is all that Is needed for the en forcement uf any criminal statute. "It Is not pleasant to be engaged In what may seem to be an assault ot) business, but business men thought this law could not be enforced. Now, the law can. and Is being enforced, and, because of this, we hear tonight that it is to be repealed. "I would cut my hand off before I would injure business. Rut what do I hear ray dear friend Littleton of fer? One of two courses Is open. Either we will have Individualism or wa will have combinations In re straint of trade going to that point Where the people will demand that the power of men engaged in such corporations be transferred to the government And t" we will have tat socialism. nd t case where It stand before tha bar of the court eondemned as such, and your honors are examining a pro posed disintegration for tha purpose of bringing It Into compllanoa with tha law, In tha latter case any rea sonable doubt should properly be re solved against the proponents, and the court should be vary, clear that the proposed division ' will ' re-establish that lawful condition which Is tha oh Ject of the decree to attaek." Concerning the division of tobacco brands, inder tha proposed reorgan ization, tha attorney general found no ground for abjections made by. the . rnlwpendens ,y;nflfAvturoau'. fconii eortung tnat point ne sua; 'The commissioners cf the depart ment of oommerce and labor placed at my disposal one of thstr experts indeed the principal expert In this to bacco business who had himself pre pared very largely. If not entirely, the report on tha tobacco Industry which was. recently published by that bu reau, -l am going to file that report with the. court. It strongly confirms the Impression that I had as to the fairness of distribution of Industries In the plan, and It effectually an swers the suggestions made by the so called Independents and dealers." "Upon this whole case," the attor ney general concluded, "giving It the utmost consideration of which I am able and tha deep sense fo the tre mendous and unprecedented responsi bility devolving upon the chief law officer of this government and upon this court, I am of the opinion that with the provisions and modifications suggested In our answer, your hon ors, would bo Justlfled-in .approving this plan should you be so advised." MANY DISTINGUISHED MEN AT PULITZERS FUNERAL Pallbearers of Noted Jour nalist Include Leading Men of New York. NEW YORK, Oct. II Many dis tinguished men will attend oho fun eral tomorrow of tjtoseph Pulitzer, propsletor of the New York World and the flt. Louis Post-Dispatch, who' died on board his yacht in Charleston harbor last Sunday. Mr. Hullt.r's body arrived from I Charleston late today on a special car, accompanied by members of the I family, and was taken directly to the I late residence of tvie editor, on East j Seventy-Third street, where It lay In ! Hole of a time early this evening.' I Scores of persons called to - express I their sympathy and view the body ! and a large number of floral tributes were received, many from distant cities. ' Futher details were announced to night concerning the funeral services w h ) h I ! I K h.lf , at w Protestant Episcopal church at 2.10, o'clock tomorrow afternoon. Tha 1 services will be conducted by the Rev, Dr. E. M. Stlres, rector of St. Thomas. The ceremonies will be public and preparations are being made to rare for a large atendance. The pall bearsrs will be President Nicholas Murray Butler, of Colum bia sinlverslty, former Mayor Beth Low of New York city. Rear Ad mlrat W. H. Emory, General John B. Henderson, at Washington, Lewis C. Clarke, president of the American Exchange National bank of ' New York; Col. George B. MeClellan Har vey, editor of Harper's Weekly; St. Clair McKelway, editor of tha Brook lyn Eagle; George L. Rivera, a well known New York lawyer; James W. McLean, a New York physician, and Frederick L. Judson, ot St Louis. , BOTH SIDES RESTED EARLY LAST NIGHT Witnesses Testify as to De fendant and Victim Being Seen Holding; Hands. OPELOUSAS.7 . Oot 3t.-In r Ins; rebuttal testimony In the trial at ' Mrs. Zeo Runge McRee, charged with . murdering Allen Garland , several 1 weeks ago In the McRee home, wlt-j nesses this afternoon testified that I they saw Mrs. McRee and Garland holding hand" and that on. on 00 : rasion Mj. ' McRee had her arm or elbow resting on Oarland'o shoulder. lit bringing out this testimony tha, prosecution declared that It sought to' show that Mrs, MoRee had no ran-;.' to fear that tha man she killed would do bar bodily harm. ' v? ' ; - Edmond Sylvester, Frenchman, told of seeing Garland and the defend. ant together on saver! occasion. I When asked what h thought of Mrs.) MeRee'a character, ho ' atatsd . that after ho saw her arm on Garland's f shoulder, he did not think It Was so A. H. Holller testified that .he aa-' Istod In the preparation if Garland's body for burial and, that ha made an examination of the clothing and tho pockets and found nothing therein. "Gave NIrJ for ThredV In her statement Mrs. McRee tert- fled that she gave Allen-Oarand nickel when , she took' the spool of thread from him standing. In her Crosa-examlnaAlon failed to ohsngo Mr.. HolHer's statements. s Louis Soleau testified that he knew the accused and the deceased and had , seen them often together and alone walking' sJde by side, : Once he saw them In field. In the cross-examine. -tlon he said thsr wtrt alone tn the field, and said, thers wag jmthtng t hldo them. Mr. Arnoret testified that he saw both together, sometimes with McRee's children, and ono , he saw them, hunting. ' v . What wore they doing T" , he : wag . 4 asked.' ,-jM wpfe . Theyrwero In a fleW, thev . war hunting: Mrs. McRee had the gun and Mrs, McRee and Allan war hold ing hand. They wero near briar . ostch. The place Is auirounded . by briars on two sides." . Did thev sea you 7" asked Mr. Lewfg for ths dofenss. , . ' - I don't know. If they saw tn they didn't turn their hands logae. , David Conklln w tie, next wit. ns. He said ho lived jus) hack .of Iho Garland property. He had eetn iho fontrmiM on ! re COTTON GROWERS MUST T TO KEEP THE PRICE:UP ' & A This Decision Arrived at by Conference of the South ern Governors FUTURE MEETINGS NEW ORLEANS, Oct II. -Tha farmers of the south must withhold from ths market every remaining balo of the present season's crop of cotton i and follow this with a concerted and binding agreement to reduce nest season's cotton acreage at, least It per cent If they hope to restore the . south's great money staple, to a nor mal price level and retrieve tha losses sustained by reason ot the present low prices. This is the plan which tha confer- , ence of Southern governors adopted , at u concluding session tooay. to se cure lmmeaiaie reuer iront las oe-: pression In the price of the staple. . As a meana of securing permanent 1 relef, and to guard the cotton farmer In the future against the necessity of ' glutting the msrket with W(s supplies ' In the opening of he season, ths con t ference adopted resolutions favoring ,h tabll.hmont in ovsr, cotton growing state controlled warehouses. an -the eolleetlonand periodical pubir- llcatlon of statistics bearing upon th world's demand for, and consumption of, American cotton. The proposal of foreign banking Interests to finance a holding move, ment covering two million bales of ths present crop, was referred to a sp clal committee for future action. tt was decided to hold Similar eon . ferenres In the future on the eall of the chslrman. ' v ,V ?'' Ths committee which I to consider the pgpposed flnsncing of two million bales of the present crop is composed of Governor Colquitt, of Texas. and Governor Sanders, of Louisiana, Gov . ernor O'Neal, of Alabama.;, Governor . Noel, of Mississippi, and four cftlsens of business Ufe to ho appointed by tha governors ntad.

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