North Carolina Newspapers

V THEONLY EVENING ASSOCIATED RESS NEWSPAPER IN CHARLOTTE. VOL. XXXV NL 3264 CHARLOTTE, N C, MONDAY EVEN I N G, MARCH 19, 1 906. PRICE: 3 CENTS M'KELWAY CASE CALLED TODAY IN S r Up to the Noon Recess the Jury had Been Chosen. There are Five Farmers, Four Merchants one Dairyman, one Clerk and one Skilled Laborer,on the Jury. The Plaintiff in the Action was the First Witness Examined Many Days will be Consumed in the Trial of this Important Case, The McKelway-Observer suit came to an end this afternoon at V15 o'clock. The compromise if such it . can be cdiid 's set forth in the following: Are the charges made of and con cerning the plaintiff by the defendant, ss set out in the pleadings true? No. What damage, if any, is the plain tiff entitled to recover? Nominal damage, to wit, five cents. The damage suit wherein Dr. A. J. McKeiway claims $50,000 from the Observer Publishing Company was begun in Mecklenburg Superior Court this morning. Judge Henry R. Bryan, of New Bern, is presiding. The array of legal talent on both sides is unusual, both asto ability and numbers. The plaintiff is represented by ex-Governor Aycock, of Goldsboro; N. A. Sinclair ,of Fayetteville, and Messrs. C. H. Duls, C. D. Bennett, E. R. Preston, Frank R. McNinch and T. L. Kirkpatrick, all of Charlotte, The defence is reDresented bv Judee F. I. Osborne, Judge Armistead Bur- well, W. C. Maxwell, J. W. Keerans,! r Tillett. T. C. Guthrie. J. D. Mc.-I Call and D. B. Smith. There was considerable tension when the hour for the opening of court arrived this morning. Some said that the case would be continued, while ethers were firmly of the opinion that it would be tried. Judge Bryan, promptly at 10 o'clock, caiied upon Deputy Sheriff Johnston to open court." rmraerately'theTeafter Mr. J. Vv Keerans arose and offered objections as to certain depositions taken by the plaintiff. The first move on the part of the de fence w as to lodge an objection against certain depositions that were taken m Bainbridge, Ga., the 11th of March, which was on Sunday, thus making it invalid. The depositions were those of L. C. Jackson, J. E. Donaldson, B. B. Power, Ben E. Russell and J. S. Brad low. The second objection was as to tne deposition of John R. Lovejoy, which the defence claimed was taken at 10 o'clock at night in the city of Charlotte, which the defence claimed was an un usual hour and therefore should be in valid. Mr. J. W. Kerans, of counsel for the defence, made these conten tions and Mr. C. H. Duls, for the plain tiff, argued that as the deposition was taken in the city of Charlotte, in the Piedmont building, at a convenient time, therefore he saw no reason why it should be set aside. The defence also made objections to fee depositions of Park Woodward and nev. T. II. Rice on the ground that the defence was cited to appear in Char lotte and Knoxville on the same day and same hour. At this juncture Judge Bryan stated that he would sustain the objections of the defence both as to the depositions of Park Woodward and Rev. T. H. Rice, of Atlanta, and John R. Lovejoy, of Charlotte. The plaintiff gave no tice cf an exception. The defence then made objection as to certain depositions in a sealed en velope now in the hands of the clerk ? the court because the title of the case did not appear thereon. The ob jection was overrruled by the court. Still another objection was raised by tne defence as to the deposition of W. S- Flournoy, of Charlotte Court House, (a- It was contended by the defence that the authority given the commis sioner in Virginia, was not attached the papers when received in Char lotte. Counsel for the plaintiff contended that it Was too late to make such a contention. This should h?ve been cone when the depositions were opened. The court sustained the ob jection of the defence. No exception a noted by the plaintiff. Loth sides then announced their rfcaliness to proceed. Mr. James A. Bell, of the law firm of uiarr & Bell, arose to explain a mat- that he said was of a personal na "'e: He said that his firm had been etamed by the plaintiff at the incep "on of this case. But, since that time ce defendant company had filed an ndefl answer in wnich the name of near kinsman was mentioned. There-nn-e'ito relieye other lawyers of any isibie embarrassment in the tril of fortvl!Se' his firm woula withdraw tms and no other reason, tho,, Work of selecting the jury was ? commenced, iurn!' J' A- Bixby one of the regular M pfi was the first excused. Mr. H. iu'rv was the second of the regular MpL be excused by the plaintiff. w ,J- R- McDonald and T. P. Ross v-u iu mane me jury compiBie. plaintiff, at s juncture, an- noun: jury. ced that he was content with the Coun: UPER10R sel for the defence challenged Ir.T.P.Ross. The juror said that he had formed and expressed an opinion ad verse to both plaintiff and defendant as to certain facts. Counsel for de- ience contended that this admission on the part of the juror made him in competent to serve. The court up held this contention and the juror was stood aside. Counsel for plaintiff gave notice of an exception and this exception was allowed. Mr. M. A. Barnett was the next chal lenged. The juror stated that he had had a conversation with Capt. J. M. Davis, in which Captain Davis asked him if he would be a witness for Dr. Kelviiy. Mr. Barnett said that he in formed Captain Davis that he had been drawn on the jury. Nothing more was said. The defence excused Mr. Barnett. Mr. Parks Brown was next ques tioned. Mr. J. D. McCall, who was asking the questions, could not locate Mr. Brown. When he told that he was a clerk in the store at Cornelius, the questions were dropped and Mr. Brown took his seat. Mr. J. R. McDonald was next chal lenged. He was put through a round of questions, but was allowed to take his seat. Mr. J. H. Phelps was questioned, but was allowed to take his seat. Mr. J. R. Price was next called. He was asked whether or not he had formed or expressed the opinion that! tne piaintiff was entitled to recover. Mr. Price said that he end not think he had, but from what had been said he wanted to tell just what he had said. When he read the articles he said that both the defendant and the plaintiff should have been locked in a room and those around should have gone away and left them for about an hour. This caused the first real laugh dur ing the court's session. Mr. J. Hugh Griffith was next excus ed by the defendant and Mr. S. M. Montgomery was called to fill the va cancy. The defence announced at this juncture that it was content with the jury. The jury was again taken 'in hand by counsel for the plaintiff. Mr. W. C. Austin was excused and Mr. W. A. Biggers was called to fill the vacancy. He was excused by the defence and Mr. S. W. Porter was called. Here both sides expressed their content with the jury. The 12 men who are to hear and de- ""s case are as ionows; G.L.R. McAuley, merchant,Charlotte ; Parks Brown, clerk, Cornelius: W. S. Washam, farmer, Deweese township; J. R. Price, farmer, Mallard Creek township; R. M. McLeod, merchant, Charlotte; S. S. Thomasson, farmer, Steele Creek; J. W. Cross, farmer, Huntersville; J. R.. McDonald, foreman bagging factory, Charlotte; J. H. Phelps, dairyman, Charlotte; J. A. Helms, merchant, Clear Creek township; S. M,v .Montgomery, farmer, Berryhill township, and S. W. Porter, merchant, Sharon township. 400 OPERATORS PRESENT Competive Field Consisting of Illi nois, Indiana, Ohio and Western Penn. Represented. By Associated Press. Indianapolis, March 19. Four hun dred bituminous coal operators, repre senting the central competitive field consisting of Illinois, Indiana, Ohio and western Pennsylvania, met today. F. L. Robbins, who has long been the leader of the bituminous operators to be relieved as chairman of the oper called the meeting to order and asked ators in their Joint Conference with the miners. RUNS INTO FREIGHT Si A. L. Passenger from Jackson ville Runs Tnto Rear End of , Standing Freight Near Hamlet. One or Two Persons Slight' Injured. By Associated Press Norfolk, Va., March 19. A Seaboard Air Line passenger train bound from Jacksonville, Fla., to Richmond, Va., ran into the rear of a standing freight train south of Hamlet, N. C, and En gineer Muse of the passenger train and his negro fireman, both of Raleigh, N. C, were slightly injured. Accordingto official statement given out at the Seaboardheaquarters here the accident was due to improper flag ging on the part of the flagman of the freight train. Three freight cars with their contents were considerably damaged. No passengers were hurt. A later report from the Seaboard collision is to 'the effect that engineer Muse only sustained slight bruises. Fireman Crawfords wrist was broken no one else being hurt. The accident was due to the failure of the flagman to go back far enough to warn the approaching trains when the freight train stopped to repair a broken water glass. APPEAL WAS GRANTED. Negro Johnson Sentenced to Hang to morrow Granted Appeal By Supreme ftnurt. Washington, March 19. The Su preme Court of the United States granted the appeal in the case of the nero named jonnsou uuuci ocu, i. hono-ori tomorrow in Hamilton the charee of assault. The order of the Court operates as a stay of the proceedings. ; . - PASSENGER TRAIN SLIDES CUT OFF 610 It is Thought That at Least 20 Miners Lost Their Lives in Great Snow Slides Which Is solated 600 Miners From Out side World. he Damage From Slides May Reach $1,000,000. In Places Snow is From 150 to 300 , Feet Deep. Party to the Rescue of Those in Distress. By Associated Press. Denver, March 19. Fair weather, with a rising temperature followed the snow-storm which has prevailed over Colorado for a full week, with a brief intermission. Many snow-slides have already oc curred in the mountains but up to this time there has been no heavy loss of life reported. The losses from the destruction of mine property in the vicinity of tmray may amount to $1, 000,000, and further damage is threat ened at Ouray, Telluride, Rico, Sil verton and other mining camps. 20 May Be Dead. Ouray, Col., March 19. It is feared J chat at least 20 miners have lost their lives in the snow-slides which have cut off from outside comunication 600 miners employed at the various mining camps within a radius of 20 miles from Ouray. The exact number of deaths will not be known- for days. As many as 25 mines are completely isolated. The damage may reach $1,000,000. At Camp Bird mine, which is four miles from the Bird Mill a snow slide late last evening completely isolated fifty or more .miners employed there and the provision house was caried away it is certain they are in urgent need. Two hundred miners started to their res cue today. ' The body of William Cressey, i an Englishman, who lost his life in the slide at Camp Bird Mill, ' has been recovered. It is said that there is 60 feet of snow at High Tower on the tramway of Camp Bird and the snow is very deep all along the route of the tramway. In Imogene Basin the snow is from 150 to 300 feet deep. This will pre vent work on the reconstruction of the tramway for several weeks. LABOR COUNCIL BEGINS. Executive Sessions of American Fed eration of Labor Opens A Several Days Session. By Associated Press. Washington March 19. The Execu tive Council of the American Federa tion of Labor began a several days session here today. President John. Mitchell, of the United Mine Work ers is not present because of the Miner's Convention in Indianapolis. It is understood among the subjects to be discussed will be a controversy between the Union Printers and the Typothetae , of the several cities. Whether or not the Council will take up the questions now being consider ed in Indianapolis could not be ascer tained. . ABOLISH GRADE OF LIEUT. GEN. Amendment to Prince Bill Accepted :Bill Passed. By Associated Press Washington, March 19. The House accepted the Grosvenor amendment to the Prince bill abolishing the grade of Lieutenant General in the army, permitting the promotions of Gener als Corbin and Macarthur before the grade is abolished. The bill was then passed. Mr. McCreary was the first speaker in the Senate on the Railroad Rate bill. The House passed the Senate bill reorganizing Counsular service. P. O. APPROPRIATION BILL. The Amount Provided For in Bill Ex ceeds Amount of 1906 By $10,351,755 By Associated Press. Washington Marcn 19. Tne nouse committee on pestofiices and post roads reported the Post Office Appro priation Bill to tho House. It provides the expenditure of $191,373,948 for the fiscal year 1907 or $913,221, less than .the modified estimates of the . Post Of fice Department. This amount exceeds the appropriation for 1906 by. $10,351,- 755. THE AUSTRIAN AMBASSADOR. Name of Former Ambassador to Greece to Be Sent to Senate As Em bassador to Austria. By Associated Press Washington, March 19. The name of Charles S. Francis, of Troy, N. Y., former American Minister to Greece, will be sent to the Senate as Ambassa dor to Austria, Hungary,- to succeed Bellamy Storer. His father was form erly Ambaissdor to "Austria. '. Fourth Class Postmasters. By Associated Press Washington, March 19. Fourth class postmasters appointed are: For North Carolina, at Granite, Bessie L. Rdwards : at Lucania, Wiley H." John- I son: at White Rock, Jimeson S.Tweed. For South Carolina: At Lucknow, I Jesse B. Bullock. MINERS FROM AID THE A. & N. C, LEASE CASE. Argument in the Famous Case Began Friday Morning Speeches of Coun sel. Special to The News. New Bern, N. C, March 19. Argu ment in the A. & N. C. R. R. lease case began here before Judge B. F. Long, of Statesville, Friday morning. Judge Long allowed three hours for argument. Solicitor Larry I. Moore, of Green ville, was the first attorney to address the court. He contended that the lessor company had no right to lease the rail road to the lessee company, because they had leased it for a longer period than their charter. He also ar gued very forcibly that the lessor com pany had no right, either legal or moral, to lease the road to a company which would increase the freight-rates. j thus inflicting a hardship on the indi vidual shipper. He exclaimed with dra matic earnestness that how .could the original purchaser Howland did not now a dollar of stock in the A. & N. C. R. R. He cited mkny opinions to sus tain his cause, shaking an hour and forty minutes. X. Mr. A. D. War, of this city, was the next speaker, appearing for the de fendent company. - He made a clean, clear argument, showing that the comf pany had the right to lease property for a longer period than its own charter provided for. ; He claimed that it was not within the province of Judge Long, a Superior Court Judge, to overrule the opinion of the Superior court. Attorney General Gilmer also ad dressed the court. His speech was along the line of the State right to make the lease, and the benefits which had occurred from it. In the afternoon Mr. C. N. Busbee, represented some Raleigh stock holders, addressed the court. Mr. Bus bee contended that the lease of the A. & N. C. R. R.-liad settled a long continued turmoil 'in which the A. & N. C. R. R. had been a "foot-ball." Following him was Mr. P. M. Pear sail, of this city, -no briefly set forth the terms of the ?ease, showing that they had been f ujily and fairly com plied with. Hon. Ex-Governor Aycock addressed the court in a lotigthy and eloquent and, at times, impassioned speech in which he justified the lease by what had been and could be accomplished by the jiew company in the way of de velopment and etc., saying among oth er things that the coaling-station to be established, beyond Beaufort, at some point on the coast. Perhaps the strongest argument made was th?.t by Mr. W. W. Clark, of this city, who represented the plain tiffs. The brief presented by him was one of the most clear, consumate and convincing ever presented at this bar. It was an extensive esay on rail road law. Argument was concluded at about 5 o'clock this afternoon. Judge Long argued that he would be unable to announce his decision im mediately, and would do so at some time in the near future. There is no way of forecasting what his decision will be. That the matter isexceed ingly uncertain i confirmed by the fact that the A. & N. C. R. R. Co. has as yet made no disposition of the hotel at Mprehead City. There were present here in attend anceupon the case Ex-Gov. Aycock; Hon. Jos. H. Pou; Atty. Gen. R. D. Gilmer; E. C. Duncan; Collector Inter nal Revenue, C. M. Busbee, Esq; F. L. Merritt, Industrial agent A. & N. C: R. R, DEATH OF MR. UNDER. Remains Taken To His Old Home at Clifton S. C, For Burial. Mr William Linder, an aged citi zen of Charlotte died Sunday after noon at 5 o'clock at his homo on North Cedar street. The remains were taken to Clifton S. C, yesterday morn ing, where the funeral and interment took place in the afternoon. Mr. Lin der had been in bad health for sever al months, his condition becoming more serious about a week ago. The deceased was 61 years old and besides his wife, is. survived by the following named children; Mrs. Elizabeth Mar tin, of Cowpens, S. C; Mrs Ola Tur ner, of Clifton; Miss Belle Linder, of Charlotte; Messrs W. S.., J. S., and-W. W. Linder, of Charlotte and Mr. C. W. Linder, of ' Clifton S. C. RAINS DO DAMAGE. train Schedules Are Far Behind and Many Have Been Annulled. By Associated Press Jackson, Miss., March 19. The rail road traffic has been paralyzed for the last 18 hours as a result of the heavy rains. Many trains are late, while others have been annulled. The main line of the Illinois Central south of here is tied up with innumerable wash outs. The Alabama, lcksburg Roard is open, but the trains are far behind the schedule. SCHOOL I.N FLAMES. Normal Training School on Fire and Fire Rapidly Spreading to Other Buildings. By Associated Press Haverhill, JVlass., March 19. The Manual Training School in this city Is in flames, and the fire is spreading to the Whittier annex of the high school. The fire has also spread to nearby dwellings. Some children received in juries by jumping and others escaping down the stairway.' It is stated , that none were fatally hurt. One Bale. Only one bale of cotton has been re ceived at the city platform today, the price being 10 3-4 cents. - Qn the same date last year 42 pales were received at 7 3-4 cents. Mr. R. E- Post, general sales mana ger of the Fairbanks Scale Company, of Baltimore and Mr. H. R. Thomas, Southern representative, are in : the city stopping at the Buford. DENIES Secretary Taft Received Cable From ' Gen. Lenard Wood at Manila Stating that Reports That Women and Children were Slaughtered is.False. Says Sensational Reports of Mount Dajo fight were Made Up and were not Gotten From His Authentic Report Sent to Washington. By Associated Press. Washington March 19. Secretary Taft received the following cablegram from General Leonard Wood at Ma nila: - ' "The sensational cables sent to the United States relating to the Mount Dajo Ssht were made up in Manila. There has ben no reference in any cable from Mindano to the killing of women p.rd children. On receipt of Col. Andrews conden sed report from me in Washington the American newspapers cabled for details. The reporters here had no otner in formation than wr.s contained in my report to Co!. Andrews and supplie the sensational figures." , NEW BREEDS OF COTTON- Experts Discover New. Breeds of Cot ton Which Will Greatly ; Augment Crop: By Associated Press. Washington M.?.rch ' 19. It was made known today at the Bureau of the plant of industry, of the Depart ment of Agriculture, that the follow ing series of experiments extending over several years, of the bureau ex perts had developed a number of new breeds of cotton seed which are ready to be sent out for next seasons planting, which promises to almost double the value of the cotton crop where ever ther are used. These new cottons have been bred from native and short staple upland varieties and are from a half to three quarters of an. inch longer in fiber than cotton grown from parent seeds. NORFOLK WITHDRAWS. Gives Way to Richmond for Meeting Place of United- Confederate Veter ans. By Associated Press. Norfolk, March 19. It was practical ly decided today that Norfolk would withdraw in the contest for the 1907 camp of the United Confederate Vet erans in favor of Richmond where it is desired to have a grand camp meet ing during the Jeff Davis monument ceremonies. s The "Virginia veterans will go to New Orleans united on Richmond as the next place of meeting, three days to be spent in Richmond and the entire campto come to the Jamestown Ex position on the fourth and final day. STOCKHOLDER'S MEETING. Mechanics Perpetual B. & L. Associa tion Elects Officers This Evening. The annual meeting of the stockhold ers of the Mechanics Perpetual Build ing and Loan Association will be held to-night at 8 : o'clock at the office of the association at 207 North Tryon street. - Reports as to the condition of the association will be made and direc tors and officers for the ensuing year will be elected. . The meeting is an important one and the presidentrequest that all stockhold ers be present, personally if possible, but if not that they be represented by proxy. ; ' WHO WILL BE CHAIRMAN' Representative Babcock W-ll Not Serve AMin Several Other Candi dates. By Associated Press. Washington- March 19. Represent ative Babcock, of Wisconsin, has again made it clear to tho Republican another campaign as chairman, of the Repubican Congressional Committee. He said "my heath will not permit me to ' undertake the committee work in another campaign." ' . ! Representative Sherman, of - New York and Tawney of Minnesota are being freely discussed as his probable successor. ' - -Two Basket Ball Games. Two fine games of basket '"ball were nlayed in the gymnasium room at the Y. M. C. A. Saturday night. Both games were fast and interesting from start to finish. They resulted as fol lows: Invihcibles 20, Excelsiors, 8; Independents 13, Joplinites 4. Death of Mr. Theodore Bartlett. His many Charlotte friends will be pained to know of the . death of Mr. Theodore H. Bartlett which occurred at his home at Northampton, 'Mass., March 3rd. . Mr. Bartlett is very pleas antly known in Charlotte, having spent seyeal winters here with his '. sister, Miss Lucy L Bartlett." " ' The officers and teachers of the Second Presbyterian Sunday school will mee? Tuesday afternoon "at 4 o'clock to hear Rev. Dr. J. R. Bridges teach next' Sunday's lesson. A full at tendance' is desired. - ' GEN, WOOD REPORTS OF FIGHT WHEN QOURT. CONVENES. .Spring Term of ,S'-!per:or Qovrt To Convene :n -April Couple to -'Wed, Special to The News. Rutherforaton, , M?rch 19. The Spring term of Rutherford Superior court convenes here on Monday, April 9th, with Judge M. H- Justice, of this place, presiding' and ..Solicitor J. F. Spainhour, of( Morganton, represent ing the State. The term will embrace two weeks and will be for the trial of both criminal and civil cases. Hereto fore, it has taken up the entire time of the first week and a greater part of the second to dispose cf, the criminal cases, but the docket this term is the lightest we have had in. several years, and Clerk of. the Court M. O. Dicker son says that he tiinks it will be clear ed by Wednesday of the first week. The only criminal action of much con sequence is the case of State vs. W. N. Levi, the alleged green goods man, who was recently arrested and tried at Forest City, and in default of a S500 bond, ; was brought here and lodged in jail. . The other cases are mere petty of fenses and are. of minor importance. The civil docket, however, is large, as it. always is and it is doubtful if it will be anything like completed. Cards have just been issued announ cing the marriage of Mr. John M. Magness, of Shelby, and Miss Bonny Morrow, daughter of Mr. and Mrs. D. F. Morrow, which will take place at the home of the bride's parents in this town on Wednesday evening, April 28th. The young people are both quite popular and their marriage is being looked forward to with much interest. FUNERAL OF MRS. SPRINGS. Death Occurred Saturday Night Bride of a Few Months. The funeral of Mrs. Carrie Glenn Springs, whose death occurred last Saturday night at her home near Lodo, took place from the home this morn ing at 10 o'clock. The interment was at the Steele Creek Church ceme tery. " Mrs. Springs was the wife of Mr. Burt Springs, and they had only been married since last Christmas. She was a good woman and had many friends who feel their loss and sym pathize deeply with the husband and family. She was only 20 years old. Besides her husband and mother she leaves the following named brothers and sisters: Mrs. A. L.. Berryhill ana Mrs. C. M. Berryhill, of Charlotte; Mrs. W. D. Stancil, of. Sharon; Cassie and Pinkie Glenn, of Lodo, and Messrs. J. B. and W. E. Glenn, of High Point, and Ottie Glenn, of Lodo. . , PRESIDENT C. C. MOORE HERE., Has Completed His Work in the East ern Section of the State. President C. C. Moore of the North Carolina division of the Soutfaern Cot ton Association, pent yesterday and today in the city with his family and will leave this' evening for Monroe, .where he goes to make an address to morrow before the farmers of Union county. President Moore has complet-1 ea ms work in tne eastern part or tne State and commences tftis week, by the order of the executive committee, to work central and western North Carolina. He will make and address in Charlotte next Saturday, the 28th, in the court house and it is needless to say a large number of Mecklenburg farmers will turn out to hear him. American Bowling Contest. - By Associated Press. Louisville Ky. March 19. Norfolk today, entered the field for the .next meeting of the American , Bowling Congress. BIG FIRE OCDUHS Several Hundred Bags of Saw Dust and Hay Catch Firt? and Fill Tunnel of Railroad Mine with Suffocating Smoke, A Daring Deed. By Associated tress. New York, March 19. Fire among several hundred bags of hay and saw dust far down the Pennsylvania rail road tunnel under East River filled the section of the Tube with suffocating smoke and it was reported that one or two men had lost their lives. The firemen were unable to combat the flames as it was" found impossible to carry hose to the scene of the fire with out shutting off the compressed air pressure at the air locks. A Daring Deed... After several occupants of the tun nel had reached the surtace one of them remembered that several boxes of dynamite had been left in it. Tnere was sufficient of explosive to have de stroyed the work , of months. George Barr, one' of the tunnel em ployes, volunteered to bring out the dynamite and did so, but became un conscious after reaching the surface. The fire was extinguished after having burned about five hours. The superin tendent in charge of the construction work: said one death had been caused by fire. The victim was a negro watch man ' ' - No Sale. Some more of the effects of the "late" W. T'.McCormick.were to have been sold today at - the court house under execution, but owing to the bad weather the sale was postponed until tomorrow. Constable Ross is master of ceremonies. - 1 . " FAR UNDER 0 0 WINS OUT The; Nomination of the Distric Attorney will -Now be Confirm ed.. The Judiciary Committee Having Acted Favorably in. his Case.. . His Confirmation Held up at the Instance of Congressman . Blackburn ..who Charged That he Had Falsified his Accounts With. the Government. By Associated Press. Washington, March 19. The Com mittee on Judiciary ordered a favor able report to be made on the nomina tion of A. E. Holten, .to be United States Attorney for the western dis trict of North Carolina. Newspaper readers will remember that the confirmation of the nomina tion of Air. Holton was held up at the instance of Congressman Spencer Blackburn; Several" charges were brought against the District Attorney, affecting Jiis official character. While these charges have never been given to the public in detail, one of them was,, to show their in nature, that he had falsified his accounts, a specific charge being that he had stop ped at a two-dollar-a-day hotel in Asheville and had charged the Gov enrment four dollars a day in his ex pence account for the same period. But, be that as it mayK it seems from the actions of the Judiciary Committee today that he has won out over all opposition. - ' PEG LEG GRAHAM ON COTTON Will Not Plant 1906 Crop If Price of Staple Goes Down. "Just te the , merchants for me," said . Peg-Leg Graham, ''that they are giving too much , for cotton. Yes, just tell them I , don't want, them to give more than 5 or 6 cents." ' -The reporter didn't at-first under-. . stand Mr. Graham. He ' knew " that there was something wrong but just what it was did . not come out until Mr. Graham further expressed him self. "See here. I have just come come from the bank down there," pointing down East Trade street," "where I had some money borrowed. It fell due this morning so I went down there and asked them if they wanted the money or the interest. The cashier says, 'Just wait till I see'. He went back in a little room and returned in a minute' and told me that the inter est would do." displaying the not for several hundred dollars tnat uad been canceled. "Yes you tell the merchants they are giving too much for cotton" con tinued Mr. Graham. "I've got about ten acres of pretty good cotton land out on my little farm and if cotton stays up- if it keeps bringing 11 and 12 cents I might have to plant another crop. Now I don't want to do that and I'm not going to if I can help it. My cattle are in good shape, my hogs fat and I,m going to buy a good mule pretty soon just to . ride around over the county and see my f rjends, and of all the pretty fat game chickens you ever saw, you ought to just see that yard of mine: smoke house? just plumb full of hams". No Peg-Leg is not worried about cotton. He shows signs of prosperity and he was never in better spirits than Saturday. He said he had 12 bales of cotton in the . ware house. BETTER WEATHER TOMORROW. Colder But Fair, Storm Moving Rap idly Eastward, Now Central Over Tennessee. Observer Bennett promises us better weather for tomorrow than he has been giving us today. The indications are now that tomorrow will bring 'fair and colder weather, though the rain may stay with us for the night. Our low pressure area is central today over Tennessee. The weather report saj-s: "A low pressure area central Sunday morning over western Texas, moved rapidly eastward, and is now central over Tennessee. It has caused rain generally over the Gulf and south At lantic states, and rain or snow over the middle Mississippi and Ohio val leys, the lower Lake region and the middle Atlantic states. A high pres sure area over Wyoming has caused low temperature to continue over the Missouri valley and. as the Tennessee low pressure area moves eastward, rain to-night will be followed by fair colder weather in this vicinity Tues day." . GOVERNOR LIKES -CHARLOTTE. Was Greatly Pleased Over Reception Given Him By Greater Charlotte Club. Special to The News." Raleigh, N.' C, March 19. Governor Glenn returned this morning from a four days, trip to Guilford, Fayette ville, Charlotte and expressed himself as delighted with the reception receiv ed at each of these, places. He was especially pleased , with the . spirit of enterprise at each and the state pride manifested by the Charlotte I club whose guest he was in Charlotte. ' FAVORABLE REPORT FROM COMMITTEE