CTrpyiy-OTV
THE WEATHER'
FAIR
H
CITIZEN WANT ADS
BRING RESULTS
ASHEVILLE, N. C, THURSDAY MORNING, A UGUST 21, 1913.
VOL. XXESL NO. 302.
PRICE FIVE CENTS.
INTIMATION THAT
UNITED STATES IS
A Constant Eruption.
SEC. DANIELS WILL
FflUHD GUILTY BY
CURBENGY BILL
A FEDERAL JURY NOT BEHIND WILSON
IWHflFi
Verdict Carries Sentence of
Idea Is Conveyed In Huerta's
Search Will be Made for Sail.
from Four to Twenty
Years In Pen
nniRr
-, M- 1 .,,!-,.--. .. Ill I H..I.I I -II . W-..--,.,.
DEMOCRATS HILL
SUPPORTWILSON'S
MAURY I
5 IS
IIS
Note. According to Those
Who Know
BssSBssSs)
DEMOCRATIC RULE
ors Who Destroyed Prop
erty In Seattle
Senate Considers Possible
Changes to be Made In
Present Bill
OWEN PAID VISIT
TO WHITE HOUSE
icoator Will Improve What Is
Known as Administration
Currency Bill
WAKHDKTTON, An. aO-Whlte
democrats of the bouse were thrash
in. Affforencea n.iir the adminis
tration currency . bill in caucus lo-
lay Chairman Owen and ma demo
cratic Sjssociates on the sonata cur
rency esmimltte'e' Degah' the' consider
ation of possible chancre to be made
In the measure wnen It is tax en vv
In the senate.- Senator -Owen visited
the White House early In the day and
held a short conference with the
president. He- made ' ll clear later
that, he expected, to support the ad
ministration bill, but that he held
himself free to ' recommend such
changes as he considered advisable.
His suggestions yesterday to members
of the committee that'change "might
be necessary in the plan for regional
reserve bnks occasioned general
comment m congressional circle to
day. . Tentative Suggestions.
The meeting of the democratic
members i f the senate committee to
day brought out a number of tenta
tive suggestions for amendments, but
no definite plan of action. Senators
Bhafroth and Hollis at tne conclusion
of the conference expressed confi
dence that a currency measure would
be mussed at the present congress
and Chairman Owen said there was
no doubt of It
j "I bell ewe we will perfect a bin
that will be satisfactory to the aa
mtnlstraiion," said Senator Hollis.
"I nect to support what Is known
, as the administration bill, but the
. senate would not think it had done
' its ilutv if it did not improve it"
Among the suggestions considered
by the senate committee today was
one by Senator (wwurotn. to arop an
. present forms of paper currency ex -"cept
the silver certificates and 're
place them with treasury notes se
cured by a 60 per cent reserve fund
and another by Senator Reed to have
the treasury issue money directly to
the bank under careful restrictions.
Opposes Swnrestione.
Chairman Owen opposed sugges
tions for ;he adoption of a plan simi
lar to that enYbTaced In the Lea bill
now In che senate, which would
amolifv the present Aldrich-Vrecland
emergency currency law. He insisted
this would commit the democratic
party to the Aldrtoh-Vreeland plan
t Continued on Face Ten.)
AGAINST JUDGE EMERT
5PEEH fM III SENATE
Special .Examiner Reports
on Federal Judge of
Georgia Circuit.
CHARGES SERIOUS.
' TOaKHiNUTON, Aug. tth-CSiscges,
,Srtiictan8talned.nay e.th founda
tion of smother hripeachroerit case in
the ewnaae, are made against Federal
Judge Emory Speer. or tne Fifth
Georgia circuit In papers considered
today In a carefully guarded session of
the house Judiciary committee.
The committee j had before It the
! report of an investigation into Judge
iSpeer's conduct by Special Examiner
!r. C. Lewis, submitted by the de
partment of justice ahmg with num
erous affidavits and other exhibtta
The most serious charges dealt with
! in the examler's report are: i
That Judge Speer unlawfully per
mitted the wasting or dissipation of
bankruptcy estates that came within
his Jurisdiction as a federal Judge.
That he presided in caees In which
! his son-in-law was an attorney on a
J contingent fee, with full knowledge
I that his decision would affect the fee
of his son-in-law.
i That he was prnilty of Imposing un
lawful punishments for contempt In
'cases coming before his court,
j That he Ignored the mandates of
(the circuit courts of appeals and of
(the supreme court of ' the United
States In certain cases.
That he was absent from his dis
trict when he should have been at
tending to his duties in court
That, contrary to law, he tried cases
outside of his district.
I There were other charges relating
,to what the judge's aciusers claimed
.to be arbitrary conduct and one re
' latins to personal habits. The accusa
i lions 5n ru-t arc a reiteration of at
jtnek madi r. Judge Speer from time'
I to dmo i irine h!s many years of
nwrvion sine his appointiiwmt. to the
1 ataswl mn as Piiwl'lim "
FOUND GUILTY ON
FOUR INDICTMENTS!
Case Went to Jury Late Yes
terday Afternoon Verdict
Late Last Night
SAX FRANCU9CO, An. 20. In
doping with Marsha Warrington
from Sactamento Cat, to - lteno,
Nov., Maury L Diggs, former - state
architect of California, was guilty of
violating the Mann act, which makes
It a felony to transport women for
Immoral purposes from one state to
another. This was the verdk to
night of the jury that tried him. Five
years In tho federal penitentiary Is
the maximum penalty.
There were six counts in the Indict
ment and the Jury tound a verdict of
guilty on the first four. Each count
ourles a maximum penalty of Ave
years and a minimum of one year in
a federal penitentiary.
Goes to Jury.
The case of the government against
Maury I. Diggs, former state architect
of California, went to the Jury late to
day with no attempt by the defense to
prove that Diggs did not transport
Marsha Warrington across the state
line from Sacramento, Cal., to Keno,
Nev., or that, they did not live there
for three days as husband and wife.
These acts. It was admitted, had
been committed, but they did not con
stitute a violation- of the Mann white
slave traffic act because they had not
been dona with criminal .Intent The
trip to Reno bad been half an acci
dent If Diggs and Marsha Warring
ton, with F. Draw Camlnettl and kola
Norrl, .their companions, had not
missed an earlier train they would
have remained within the state, and
though their offense against morality
would have been' the same, they would
not have transgressed a federal stat
ute.' . "This defendant," asserted the gov
ernment prosecutor, "did not deny on
the stand the truth of the essentials
we have shown br.- -He nad to ad1
mit them all. The defendant In a
criminal cafe otiually relies on the
presumption of his innocence. But this
defendant relies upon his own deprav
ity and licentiousness."
In seeking to establish that the
trip was not premeditated and that
the two girls had not been induced to
take it by threats of scandal on the
one hand and promises of a marriage
on the other, Diggs willingly testified
to his own misconduct and the em
barrassments, domestic and business,
into which it had led him.
His counsel, in summing up the ev-
(dominoed on Page Five.)
FIFTY T
EMDSI
MISS0UR10UT OF SAND
Quit Work After Most
Strenuous Day Every
body Happy.
GOOD HUMOR EVIDENT J
KANSAS CITY, Aug. M With
bostered hands and sore muscles fifty
thousand enthusiastic good roads
workers quit their work tonight In
Missouri after a strenuous day spent
In "pulling Missouri out of the mud."
Good humor was everywhere in evi
dence and nearly every man declared
he intended to return tomorrow.
Although mud interfered with the
work of Governor Elliott W. Major
and Governor George H. Hodges, of
Kansas, who had volunteered to help
the Missouri executive, both govern
ors declared they would be up early
tomorrow and would make up for lost
time.
"It has been one of the great days
of my life," said Governor Major. "As
a boy I traveled over nothing but baa
roads. I. made up my mind then if
I ever got a chance I would do all
I could for better highways.
"I intend to fix two road days when
I return home," said Governor
Hodges. "It is remarkable how many
have responded to Governor Major's
proclamation.
"Reports from every county In this
part of the state told of throngs of
workers, many" of them encouraged
by the presence of their wives and
daughters, who served dinner."
in St. Louis county the response to
the governor's call was slleht. as th
county is well supplied with rock
roaas, maintained ny a heavy tax.
Business men of St T.nuln. hnw.v.r
contributed liberally to a fund with
which to buy road-grading machin
ery for the rural parts of the state.
THE WEATHER. -WASHINGTON,
. Aug. 20. Forecast
for North Carolina: Fair Thursday,
warmor west " portion; Friday fair
awe waitlist; moe1""' a 1 wtngW
ONLY TEMPORARY
Mexican President Declares
' He Is Entitled to be "
..... Recognized .
WASHINGTON, 'Aug. lO.Intlma
lions are contained in Provisional
President Huerta's reply to the
American note presented by John Llnd
that President Wilson 1 not backed
un hv congress or the American peo
ple In. his stand against recognition of
the Huerta government.
Referring to the attacks ' on the
Washington administration by mem
bars of ocngress and pointing to the
official recommendations of Ambas
sador Henry Lane Wilson advising
recognition. Huerta declares ha Is en
titled to be recognised. Ha holds that
the democratic party's power Is tern
porary and argues that recognition of
his government is a partisan question
In the United States. . lie intimates
that ha reached his conclusion on pri
vate advices from Washington.
...... Those Who Know.
This Information was obtained to
night from those who know the con
tents of the Huerta note so far as It
has been deciphered. The complete
note la not yet at hand, but the prin
cipal argument has been placed be
fore administration officials.
Though negotiations between John
Llnd, personal representative of
President Wilson, and Provisional
President Huerta are continuing on
a cordial persona! basis, neither side
is receding from its position, and
alternative measures already are un
der consideration here. No definite
'bourse has been formulated, hut the
policy which at present la under con
sideration and Is most likely to be
adopted is one of absolute non-interference.-
' The American government
under such a policy would oontisue
to deny arms to both sides, would
withdraw property and Uvea, and In
effect let the Mexicans continue their
controversy on the battlefield. ' -.
The administration Is determined
against intervention or war, and the
other alternative,' friendly mediation,
apparently has failed. Officials here
believe, however, that the United
States, through the mission of Mr.
Llnd, will have satisfied foreign gov
ernments generally of Its dpstre to
bring about peace and they do not
conceive that there will be any pres
sure to bring about Intervention.
To grant arms to the constiturlon
aliAts would, In the opinion of many
officials, only add to the dangers of
(Omitrmied on Page Five.)
GLYNN IS DFFICIrlLLY
RECOGNIZED BY
OF
Rooms Set Aside 'for Quar
ters of Acting Governor
; Glynn.
ISSUES STATEMENT.
ALBANY, N. T., Aug. JO. Uartm
H. Glynn was officially recognized as
acting governor of New York state by
the board of trustees of public build
ings late today when rooms In tha
capltol were designated as the "execu
tive chamber" for Ms use. The assem
bly parlor ar." a jommittee room were
set aside a (he acting governors
quarters. , They are situated otf the
third floor, while the executive offices
to which Governor Sulser still clings
are on the floor below.
As his first act after moving Into
the new offices, Mr. Glynn issued a
statement outlining his policy. In part
the statement says:
"I do not Intend to employ a tem
porary occupancy of the governorship
for the purpose of partisan warfare.
"Under me, as acting' governor,
there will be no political earthquakes
and no factional reprisals.
I have no Intention of removing de
partmental heads for mere political
reasons.
"I propose to discharge my sworn
obligations for the best interest of the
public.
"I ask the hearty co-operation of all
state officials and all good citizens to
help bring order out of chaos In the
state government until the court of
impeachment shall have rendered a
verdict ' i
"No act of mine will compound the
present confusion. Official chaos must
end, and the affairs of the state pro
ceed, as If no Impeachment proceed
ings were pending. Until the court of
Impeachment renders its decision I In
tend to do only the things a may be
necessary for the smooth running of
the business of the state."
An Immediate clash of authority be
tween the rival governors may follow
Mr1 cnynafsTKeaaa-of todag
THAWS LEGAL BATTLE AGAINST
DEPORTATION FROM CANADA TO
i
Counsel Obtains Writ of
MorninglImmigratioh
V
BHERBROOKEl, tjueber, Aog. 10.
Harry K. Thaw .' will be across the
American border in the state of Ver
mont by - tomorrow 4 night if tomor
row's events in the fcasa of tha fugi
tive from Matteawan. staft.pe . them
selves as Canadian ' officials In clone
touch with the Tprlcefedlngs antici
pated.'' - ,:;' f, " ;
This was tha semi-official intima
tion here tonight an Thaw awaits a
hearing on tne nesa corpus writ
his counsel sseurkd today. ' "
. It ts not dente that official opin
ion , inclined to trf belief that tha
habeas corpus ' proceedings will re
suit in Thaw being declared free
man. What will ott8wr tha lilans 'ot
the immigration authorities Indicate,
lies in the hands ef Inapecum D. H.
Reynolds and F. E. Whlllana, of Ot
tawa. These two officials, immediate
ly Thaw Is released by the courts. It
Is understood, win take him Into- cus
tody as an undeilrable under the Im
migration act and rush the fugitive
to Coatlcook.
Formal Proceedings.
At the immigration office the for
mal deportation proceedings will .ba
conducted In. the form of an official
inquiry tato the manner of Thaw's en
trance Into the country, and his past
history, whloh It is held debars him
from '-remaining In Canada ; These
formalities ended he will be taken on
board a. Grand Trunk train and con
veyed ta the border, where Messrs.
Reynolds and Whlllans will hand him
over to the Amertran authorities.
The .point of dnportation Indicated
will be Island Pond, Vermont, the
nearest border sUttion on the Grand
Trunk, about twenty miles south of
Coatloook.
"The through ticket" to Detroit on
which Thaw, it Is understood, hopes to
evade the immigration authorities end
continue his Journey through Quebec
and Ontario to the state of Michigan,
will not serve that purpose, if the In
TH1BTY-F1VE ENTOMBED
440 FEQ
Fire in Catskill Aqueduct
lien Pound Unharmed
Shortly Afterward.
NEW YORK, Auk. 20. Thirty -Ave
workmen, caught 440 feet under
ground in a section of the Catskill
aqueduct. In course of construction
under Washington Heights here, when
fire broke out in the ahaft house
overhead tonight, were found un
harmed two hours later when the
fire was controlled. Their chief suf
fering had been from lack of air.
The fire was spectacular, and be
sides badly damaging tha massive
shaft bulliing. spread to apartment
houses aloaely adjoining It. Twol
apartment buildings were burned out
and others damaged.
When the fire broke out the men
In the underground working . fled
1,600 feet to the end of tha section
and huddled there, terror-stricken,
until tha air began to clear. Then
one made his way to the telephone
connecting with the street and told
of the safety of all. . Preparations
were at ones made to bring them to
the surface.
NASHVILLE SAILS.
BOSTON. Aug. 20. Tha United
States gunboat Nashville sailed from
the Cbarlestown natvy yard, after
taking on ammunition. Although she
left under sealed orders, it was - be
hoved at the nary yard that tne
UNDER MHO
J?alrfne"ssis"ai4toa3aoar
UNITED STATES STARTS TODAY
Habeas Corpus Before Canadian Judge, Returnable This
Officials Ready to Detain
Thaw's Friends Confident.
formation of the Immigration officials
Is correct. Though they have not yet
been shown tha ticket by Thaw, they
have learned that It was purchased in
Coatlcook and reads from that point
to . Detroit, It is not, therefore, a
ticket from one American station, via
Canada, to another foreign point; and
does not qualify as "through" trans
portation. " '
The possible hitch in tha deporta
tion plan would be a further writ ef
habeas corpu cailtlng upon tha Immi
gration authorities to show cause why
Thaw Is not eligible to. enter Canada.
This would "further delay action, v
H. K, Thaw's- legal fight' against as
portation' to the Unlted-Watesr trTerf
his dramatic esoape from the Mattes
wan state hospital for the criminal
Insane, on Sunday morning last, win
begin In. (he open In this Canadian
frontier town tomorrow morning at
10 o'clock. He Is to ba produced
then before Judge aiobrnsky, of tha
Superior court, on a writ .of .habeas
corpus, obtained by his counsel this
afternoon,.
If the writ Is sustained ha will ba
a free man. But for how long hs
will be free Is problematical.' Do
mlnkm Immigration authorities,
watching every move In the. case, an
nounced tonight they stand ready to
detain him, should he be released, and
then to lake steps to thrust him back
across the border as "an undesirable
alien" either at the New Hampshire
line, where he entered the Dominion,
I or at some point In New York state.
Thaw Silent
Facing such ' a situation, Stanford
White's erratic slayer, ordinarily o
quacious, htts shut his lips tight and
for once In his tlfe has refuted to ba
Interviewed. He has talked vaguely
of matters not appertaining to his es
cape, but not one word has coma from
him regarding his flight from Mat
teawan, or of the Inception of the
pint that led to his delivery, or of
EIN TIE PBS1
REGUUTIDNS IS RSKED
Pharmacists of Tennessee
Want Change in Trans
portation of Poisons.
NASHVILLE, Aug. 20. A change
'n the potal regulations of the Unit
ed States In regard to the transpor
tation of poisons will be asked of the
national authorities, according to ac
tion taken today by the education
and legislation section of the Ameri
can Pharmaceutical association in
convention here.
The resriution whl'-h w;e adopted
by the pharmacists was offered by
Caswell A. Mayo, of New York, sec
ond vice president and historian of
the ao?ltttion, and called for the
appointment of a commission of five
members tn prepare regulations gov
erning sued transportation of poUoni
through the submission of such regu
lations to -he postal authorities.
PCIiE ENGLISH WINS.
CHICAGO, Aug. 20.fllang, as a
means of the proper description of
baseball games In the newspapers
came out a little behind stralghtfor.
ward English, accordlh gto the verdict
of several thousand readers In a test
vote taken by a Chicago newspaper
which was announced today. Of a to
tal f 1,930 ballots recorded today,
2,04 declared for the English pe-
scrtbed Jyth dictionary and J J2l
ware in Lav or oi uut ue ox smas
Him if he Comes Free
V U s
tha five men who spirited him sway.
Of these five, one Is believed to oa
In Jail In Bherbrooke. He gave tha
name of "MlteheH Thompson," and
insiatea mat na was a resident of to
ronto. But both Sheriff Uornbeek
and District Attorney Conger, of
puohess county, . Naw York, who
looked him over today, said ha was
none other than "Gentleman Roger'
Thompson, lata ef New York city, and
reputed chauffeur of the black auto
mobile rtiat whirled Thaw from Mat
tea wan at mora than sixty miles an
hour. :,.'; , ; V; .'. , .,-,:,.,,
. Thompson was idling in tha Supe
rior murtj'pom, tfalttng, for,tht Thaw
tJttse'fo'cbma p, when the Immigra
tion officers arrested him. Ha was
quickly Identified as one of the two
men with Thaw whan ha was arrest
ed near Coaticopk yesterday. Ha de
nted that he had aided Thaw In cross
ing tha border and maintained that
he had met tha fugitive by chance.
Notwithstanding his protestations of
Innocence ha was held In f 600 ball
for a hearing Friday, Unable te fur
nish tha bond, ha was remanded to
Jail. ' : '
Technically, be Is Charged with aid
Ing and abetting a lunatic to cross
the Canadian border, an offense pun-
it-name with a 500 fine. 'If the au
thorltlea fall to hold him on this
charge District Attorney Conger will
seek his extradition on I warrant
charging Roger Thompson with con
spiring with others to defeat tha ends
of Justice In liberating Thaw,
The warrant Is here, but will not be
preued until tha Immigration law vl
olatlon has been tested.
Thompson's Defense. .
Thompson's defense. It Is under
stood, will emphasize (provided he
admits coming across the horder with
Thaw) the contention that Thaw has
(Continued on Page Ten.
ISS!
REFERRED TO COMMITTEE
Credential Committee Will
Pass on Gov. O'Neal's
Appointee.
WASHINGTON, Aug. 20.Th
commission of Representative Henry
D. Clayton as aenator from Alabama
to succeed the late Senator Johnston
was presented to the senate today
by Senator Iiankhead and referred
to the elections commltee. It had
been withheld because many senators
(iuestloned the right of Governor
O'Neal to make an appointment with
out express authority from the legis
lature. Benator Rankhead moved that the
credentials be referred to the com
mittee on credentials. . .The motion
prevailed without dlscunslon. Senator
Kern, oh prman of the committee on
privileges and elections, has not In
dicated when the committee will con
sider the credentials.
O'NEAL'S STATEMENT.
MONTGOMERY, Ala., Aug. 20.
Governor O'Neal today Issued th fol
ic wing supplemental statement re
garding his appotnmerit of Congress
man Henry D. Clayton to the United
Slues senate to succeed the late Sen
ator Jowe-p.i F. Johnston:
"When I appointed Mr. Clayton I
did so upon the advice of eminent
counsel that I had th right and that
it was my duty to thu fill the
vacancy nscasloned by the death of
Senator Johnston. I am still firmly
of the opinion that Mr. Clayton' ap
oT"ni is vmua.
CIVILIANS ARE
ALSO CONDEMNED
Investigation Board Place?
Responsibility on Seattle , .
Police Forces -
WASHINGTON, Aug, IO.-ecr'
Ury Daji'.ela ha declared that the
sallora who participated In tha riot
Ing and destruction of property be
longing to socialists or. Industrial
Workers of tha World at Seattle,
July IT and IS, wilt be severely
l-unlshed if thftlr Identities can ba dls
covered. At tha same time Secre
tary Daniels declares that ha severely
condemn the civilians who abused,
tha sailor and tha American flag.
Hoard Invee ligation, V
The secretary's action was baaed
upon a report by a board of Invests
ration headed by Commander Thomas
Washington. Tha hoard found that
for aome time before tha rioting at
Heattle Our had been attacks upon
tha flag, tha government and particu
larly upon tha army and navy in
tha Paoliio seaport cities by people
calling themselves members of tha
Industrial Workers of tha World and
to some extant by so-called socialists.
The elvll authorities, the report said,
allowed apaaksrs to harangue crowds
and engender 111 feeling, resulting in
lha attack upon tha soldier and two
skllors July 17. This led to tha burn
ing and destruction of property on
tha following night, ,
Putin Blamed. :
The board placed direct respons!
blllty for tha action of the crowd,
led by civilians and Including only
a small proportion of enlisted men,
upon tha faltura of the police fores
to prevent the destruction of property
because of their sympathy with the
purpose of th crowd, Furthermore,
tha board expressed tha opinion that
tha rlotlnii was attributable to' gen
eral sentiment against tha Industrial
Workers of tha World and the crltu
ohm)'' of the proas; and tha presence
of enlisted men wag made to serve
the purpose of accomplishing an
end which the better element of peo
ple desired and tha press encouraged.
In passing upon this report, which
was transmitted by Rear Admiral
Reynold. Secretary Daniel declared
that while the conduct of thoaa who
denounced and assaulted soldier wss
most reprehensible and -. deserving
condemnation, "their violent lan-;
guage, unprovoked assault, on1 sol
diers and lawlessness doesn't Justify
retaliation In kind," , ; '
The secretary recalled hi statement
In a speech In Seattle that obedience
to authority" In reapect of the flas;
must precede any other form; H
expresaed regret that the sailors had
Permitted themselves to forget their
(Continued on FINN Tem.)
FRANK CASE EVIDENCE '
HIL IK HANDS OFM'
ARGUMENTDECAN TODAY
Last Witness on Stand Waj
Frank. Who Denied
Talking to OirL .
' " T' '"' ?f;"'i":tL-
HARRIS SUPPORTED. '
ATLANTA, Aug. 20. Prosecution;
and defense of Leo M. Frank, charge
ed with th murder of Mary Phagan,
reeled their case late today. ; Argu
ments of the attorneys will be heard -limorrow,
and it is expected the
case will go to th Jury Friday morn
ing. The trial has been In progress
twenty-four days.
The last witness on the sjand for'
the defense was Frank hlmsejf. The
accused factory superintendent, who
in his first statement to the Jury de
clared he did not know Mary Pha
gan, was recalled to deny later testi
mony that he had been seen talking
with the girl In March at tha fac
tory where the murder occurred In
April. Frank said this was false. -.
Hypothetical, questions -and expert
medical testimony were employed to-
day to strsngthen the evidence of Dr.;
H. F. Harris, secretary of the stats
hoard of health, with reference to the ,
time that elapsed between Mary
Phagan's luncheon hour'an'd tha mur
der. Mr. Harris based hi opinion
on an examination of the contents
of the girl's stomach. . His evidence
was vigorously attacked by other
physicians, and todaylrthe state In
troduced Or. Clarence Johnson an
Dr. George M. Niles, both of Atlanta,
who agreed with Dr. Harris that the
murder muat have been committed
within an hour after Mary Phagan
had eaten her luncheon., '
Judge Roan announced today a ..
suspension of the four-hour limit to
speeches by th attorneys, who Willi
begin eirmming up tM en before
the Jury earl tui.i s,