ews fr ik t fr 0?nm I TEN PAGES. FOUR O'CLOCK EDITION ESTABLISHED 1888. Th 0 Busy Day Wit, Jt apt tsts Wa de s peli'BOtes Continue to four in Report On State Missions And Biblical Recorder Made at Morr ing Session. full Account of Day's PrOLCcdingS'Several A d dresses Del iv e red Work of Last Night and Yesterday Afternoon. Special to The News. V.Vlesboro, N. C, Dec. 9. Another uv, ims brought still more delegates ro the Baptist State Convention. How ever. Pastor Chambliss said this morn nig. And yet there was room." M the morning session Mr. Archi ls!, .lolinson, of Thomasville, and Rev. H. C. Moore, spoke to the report on Eiblican Recorder. 'Rev. C. L. Greaves, of Newbern, read ihr report on state missions and deliv-ti.-il a splendid address. Last night a magnificent audience attended the session, whie hwas de voted to foreign missions. Rev. S. J. Porter, D. D.. of Richmond, Ya., and Rev. A. J. Moncrief, of Raleigh delivered the addresses Continued on Page Sis. Lurtonfor The Supreme Court Bv Associated Press. Washington, Dec. 9. The president to-day was urged to nominate Judge Horace H. Lurton. for associate jus tice of the supreme court, to succeed Judge Peekham, when a delegation including Senators Taylor Bankhead ur.rt Johnson called" at the White Senator Mocey to be Minority Leader Ey Associated Press. Washington, Dec. 9. In caucus this afternoon the . democratic senators e! -cteil Senator H. D. Money of Mis si;?:; si minority leader cf senate to Twu a l" " "v;t:rtri ivhopt resignation was presented to- da. Senator Culberson retires on ac- coint of ill health. Five of Crew Went Down With Ship T.v Associated Press. ' Buffalo, Dec." 9. A big steel freighter same rive miles up trie lake irom but-, t'alo harbor. Five members of the crew went down with the ship. Xev York, Dec. 9. Several nun- jng $7,600 and the principal incorpor dred diminutive specimens of the ators, John J. Thrower and others, ranine kingdom were inspected and Another charter is to the Southern admired by fashionable society Land and Trust Co., Asheboro, capital which thronged the Waldorf-Astoria $100,000, authorized and $5,000 sub today at the opening of the annual scribed by W. M. Worth and others, ijf-nch show of the Toy Spaniel CluD state Dairyman J. A. Conover has of America. The exhibition, which gone to Tennessee to present a paper is the largest in point of entries on "Farm Dairying" before the eighth ever held by the club, will continue annual session of the Middle Tennes over tomorrow. see Farmer's Institute.. Kalamazoo Suffers Destructive Fire $i,0d6,Q)0 Loss Bv Associated Press. Kalamazoo, Mich., Dec. n. one life by smnkc rhvvc, hnnrirpri hotel guests streets and loss of property valued at one million dallars were the feat of a destructive fire here which. was extinguished after, an all night -ni-gie by the combined fire fighting forces of Kalamazoo, - Battle Creek and Grand Rapids. , . . a . The b'aze originated in the basement of a five and ten cent store ;ir US Main street and fanned" by a strong wind, spread eastward, sweep tofi everything in its path, totally destroying a four story hotel covering half s block, and a dozen commercial structures. The guests of the Burdick house warned of their danger fled hastilj the streets and many were forced to remain m the terriable cold Right before finding shelter. , ; ; , y,a wn- r, ic tn thf low pressure of the wa- "-r rutins. Temperature was ten degrees above f,".e:ely from exposure. Ut ica Visited By Disastrous Fire-"- P.V A i CoiVmibus, OhkTbee. 9.-The business section of Utica was wiped out bv f toda y. '-I ward Daum. a guest of the hotel Vance, was burned to a ensp. '"him-five other guests escaped in their night clothes. The entire uus section of the town was destroy-ed. The loss is 100,ouu. as the Largest 'HP' or o Two .s Lost When Ship Was Burned By Associateu Press. Cleveland, Ohio, Dec. 9. Two men lost their lives and the fate of 13 oth ers is undetermined,, as the result of the burning up of the steamer Clarion in Lake Erie this morning. King Leopold Improved. By Associated Press. Brussels, Dec. 9. It was learned ! todav that King Leopold, who' has suffered two paralytic strokes in the last few days, was unconscious for two hours last night. He was revived after heroic efforts. The palace is greatly alarmed, fear ing immediate - death. He is very slightly improved today. To Institute Damage Suit Summons tiled in Case Against Southern Kail way Alleging False Ar rest of W. S. Morton Amount of Damages. Attorney Hamilton C. Jones this afternoon filed with the clerk of court summons in a civil action to be brought against the Southern Railway asking damages for false arrest as a result of the recent apprehension by a Southern Railway detective of Wil liam Stacy Morton, the young man who was discharged in the recorder's court this morning, the prosecution having no witnesses on hand to sup port,the charge against the young man which was that of larceny of a quan tity of whiskey frcm the Southern Railway. The defendant's attorney contended that the prosecution had had sufficient time in which to get its witnesses and inasmuch as it had not done so, but desired to continue to hold the defend ant, a motion for dismissal was made and granted. Although the complaint in the civil action has not been drawm it is under stood that it will be alleged that the defendant was unlawfully arrested and that he was detained for several hours at detectives headquarters at the ried to the police station and locked , . , . . , , . . . J"?"?2 iftS g deTtf El? " lIL?. ll win uc aiicgcu mac liixz ancai was falsely and unlawfully made and damages in a sum not yet named .will be asked. -The case will probably come up at the next term of civil court. Charters Granted. special to the News. Raleigh. Dec. 9. The John J. "Throw- er Co., Red Springs, is chartered for a mercantile business, the capital be- lost, many firemen overcome driven scantily clad into the icy and fire fighters suffered zero Burned 16 Death Circulation of THE ONLY EVENING CHARLOTTE, N. C , Second Day S. C. Methodists Special to The News, Abbeville, S. C, Dec. 9. The 'sec ond day's session of the Methodist conference was called to order at ten o'clock by Bishop Wilson. Rev. J. B. Fitzen conducting religious ex ercises. G. C. Hedges and W. L. Gray lay delegates were substituted for Brushton and J. F. McKelvy. A telegram from the Baptist state convention sending greeting was rea4 and response sent. Dr. Waldong intro duced resolution of memorial to general conference, stating that no bishop be elected except by two thirds vote. Bishop Wilson said it was a dangerous thing as two could hold up the general conference till they" elected their man; sent to nroner ' committee. Ranald A .Russ was discontinued on - account of ill health. The classes of second third i)d J. fourth" years were advanced and make their reports. The creden tials of Paul A. Sesoranse a local preacher of Florence iistrice were surrendered to the conference. The first ballot for delegates to "general conference - was taken resulting in jthe election of C. C. Featherstone, F, C. Hodges and V. P. Williams lay delegates. The selection f next place of" meeting caused a lively tilt between the friends of Bennetts vi lie and Charleston the vote being 112 to 112 and on roll call Charleston won 126 to 124 made unanimous. Vote for ministerial delegates not announc ed. Resigns from Canal Commission. Bv Associated Press. Washington, Dec. 9 Former Sen ator J. C: S. Blackburn, has resigned as member of the Isthmian Canal Commission. The resignation was ac cepted by President Taft, effective December 4. -S' MR; BAIN APPOIN TED TO ELDERSHIP Will Fill Vacancy Made by Death of Rev. J." N. Huggins Rev. A. W. Plyer Made Pastor of Trinity Church ' Preach Sermon Here Sunday. A surprise came to Rev. E. L. Bain, pastor of Trinity Methodist church yesterday when he was made presiding elder of the Statesville district of the Western North Carolina conference. This change was made on account of the death of Elder J. N. Huggins, who died Sunday night. Mr. Bain will enter upon his duties as elder next week and will be suc ceeded here by Rev. A..W. Plyer, who had been given an appointment as as sistant pastor of Trinity. Mr. Plyer is a capable and splendid man, having been college-bred and a special student of the University of Chicago. He is a native of Iredell county and has held several important charges, having been presiding elder of the Asheville district four years and of the Salis bury district one year. A cordial wel come awaits him and he will preach his first sermon as pastor of Trinity next Sunday. . . The congregation of Trinity church has become very much attached to Mr. Bain for he was an able pastor and had won the love and friendship of the people ; outside as well as in his church.- He was just beginning his third year here and his leaving will he a source of regret by all his friends. He is a graduate of Emory and Cenry College of Virginia and is a good stu dent, ably fitted for the eldership to which he has been appointed. Switchmen 's Strike At a "Standstill Rv Associated Press. St. Paul, Dec. 9. The switchmen's strike is practically at a standstill. The strikers insist that they have the rail road traffic tied up, while the railroad's officials are equally; certain they are p"ininsr on the strikers. With mercury ten degrees - below zero cold weather will undoubtedly handicap the railroad. CONTRIBUTIONS N ELECTIONS JlfE-jsk. JV OF CCW CHESSMEN . v ! PpTws delays mmmk Arvy Afternoon Paper PublishedUn the Two ASSOCIATED PRESS NEWSPAPER ThUHSUaY tiVnwiiNU DhCtiMBtiR 9, 1909 A HARD WINTER'S JOB AHEAD! Presentment Is Made Grand Jury to Investigate The Killing of Albert Headwall1 homes J, Murphy and Wfritcrson Presented. The names of Michael Murphy and Phelix Whiterson, the two men who were said to have been with Albert Headwall, the tailor whose body was found in the northern section of the city on the night that he was killed, have been presented to the grand jury by the solicitor for investigation on the charge of murder. It will be remembered that Head wall was killed abort the first of No vember, and at the euroner's inquest Murphy and Whiterson, who were held pending the investigation, were, releas ed, there not being sufficient evidence against them in the opinion of the por oner's jury to justify holding them fcr the higher court. The presentment means that all the obtainable evidence bearing on the killing of Headwall will be carefully gone into by the grand jury and if it seems to indicate that the two above named men, who were- said to have been with the tailor on the night he was killed, were in any way connected with the crime a true bill will be re turned against them. Only two cases, were completed m v.Q ciiiiovirvr onrt this morning. King Buzzard, on the charge of larceny, was given 12 months, and after court ad journed for the noon recess the jury brought in a verdict of guilty against E C Caton and Ella Brewer, charged J with illegally living together. A true bill was 'returned agamt Caleb Withers, charging him wun tne murder of John O'Leary on or about November 20, the crime occurring near Pineville. From the evidence adduc ed at the coroner's inquest it seems that a crowd of darkies, among whom were Withers and O'Leary, were en gaged in a "skin" game, and a row resulted. O'Leary was shot and lived only a short time afterwards. 1 he bullet, it seems, entered his back be tween the 6th and 7th ribs and was taken out from his chest. The solicitor stated that m tins ch& he would ask for a first degree verdict. The first murder case of the pres ent session of court is scheduled to come uo this afternoon when the case against'Treal Moore, will be taken up. It was called just Deiore me iournment and the solicitor stated that J. . , u ob!.- ff n first de- the state wotuu uui w . . -- ree verdict, but would ash. 101 &ev-- ond degree or mansiaugmei m jury may find. . f As onlv two more ua.vs icmom court it seems hardly likely that the docket will be completed. There are several jail cases yet which have not been disposed of. Three Children Died. By Associated Press. Wow Vnrlr ec. V. liiiee small A,v. , - , children of the passengers steamer Carmania, which arrived to day,' died-during the steamers vw age to Gibraltar, mey veie -uunc-at sea. Coldest Place in U. S. By Associated Press. St. Paul. Minn... .uec. m et spot in the United States today was Devil's Lake N. D., where mer cury registered 22 degrees below zero. Winnipeg, Manitoba, was 30 degrees below zero. Hon. John M. Parker, district attor ney of New Orleans, was in the city a short while to-day going from Wash ington to his home. THE WEATHERO Forecast till 3 p. m. Friday. For Charlotte and vicinity: Fair and eclder to-night.. Fri- day: Fair and continued coia. IN CHARLOTTE. Supreme Court Decisions Special to the News. Raleigh, Dec. 9. Ten opinions were delivered last evening by the supreme court as follows: Rhyne vs. Rhyne, Gaston county, af firmc.l. Hall vs. Jones, Mecklenburg, error. State vs. Staines, Caldwell, new trial. ; Bryan vs. Hodges, Watauga, modi fied and affirmed. Little vs. Town of Lenoir, Caldwell, affirmed. . Maca vs. Southern Railway, Cataw ba, affirmed. Lumber Co. vs. Triplett, Caldwell, affirmed. . ; Roberts vs. Baldwin, Henderson, re versed. State vs. Pitt, Catawba, per curiam, affirmed, on authority of State vs. Ring, 142 N. C, 596. r Fowler vs. . Railway, Cabarrus, per curiam, affirmed.' Insane Man Shot and Killed Sheriff By Associated Press. Shreve,: Ohio, Dec. 9. After hold ing his family in terror all night, Rob Leej believed to be insane, today shot and killed Sheriff Bell, of Holmes county, when the officer at tempted to enter the Lee home to make arrest. Mrs. Clark Better. The condition of Mrs. Walter Clark of Raleigh is somewhat improved today. A phone message at 1 o'clock announced the fact that she is very much better than she was yes terday. This news will come with gladness to her many friends over the state as she was reported to be dying yesterday and it was thought coula not possibly survive through the day. Taf t's Message Pleases G erm an. People By Associated Press. Berlin, Dec. 9.-Official and journal istic comment upon President Taft's message to congress notes with ap proval the attitude regarding the un likelihood of "rade wars with other countries as a consequence of the max imum duties clause of the tariff law. Mr. Taft's utterance respecting Nica ragua, though conisdered vague, are taken to mean that the United States will restore order in the republic. By Associated Press. New York, Dec. 9. The ceaseless grind of the six-day bicycle riders caused records to be broken today, six of the twelve surviving teams, leading. 7 At 11 o'clock the end of the 83rd hour's continuous peddaling, distance covered by leaders was 1,624 miles. This morning. Rutt-Stol was declar ed put of the race, Stol's leg being in bad shape. ' Keegan was suffering from conges lion of the lung and forced to. quit His partner Galvin was . compelled to stop.' Teams leading are: -. McFa.rland-Clark, ; Lavsoh-Demara," Walthour-Collins, " ; Halstead-Lawrence, ; Phe-Hepir. . , TEAMS LEADING II SIX DAY "BIKE" fifiEE Death To m i American Zelaya' s Order STILL TANK TO DISCREDIT OR. G O By Associated Press. Copenhagen, Dec. 9. A summary of the affidavits of persons claiming to have aided Dr. Frederick A. Cook in the preparation of his Poiar data pub lished in London and New York today, was read here with amazement. Scientific circles are inclined to be incredulous regarding the charges and some persons like Dr. Carl Burrau, as tronomer, consider them so improbable that their effect will be to strengthen confidence in Dr. Cook. Charge Not Believed. Copenhagen, Dec. 9. In an interview Dr. Burrau said: "Pasasges in the story give me the impression that the matter is thoroughly untrustworthy. In order to make observations at tJie North Pole more extended and detailed knowledge is necessary than is enjoyed by the average shiD's caDtain. It will be easy for the University to mine" the truth of the charges." A Committee of six which will examine TDr. Cook's records .will besrin work at the end of the present week. Cant. Loose Talks. Captain A. W. Loose, master pilot and navigator, who made an affidavit that he formulated a series of obser vations and data for Dr. Cook at Dr. Cook's request since his return from the Arctic regions, talked to-day at his home in Brooklyn concerning the statements made in the affidavit. . "I went to Dr. Cook," said Loose, "thinking I might assist him, but nev er expected to do such extended work. A short talk with Dr. Cook convinced me he knew almost nothing about nav ip-nttrm Wo wq iornrt.nf the essentials of the science. S : V dands have , "A person not accurate might have bnen,?to '?ya nor has the de thought himself at the pole when only int authontaVe f?" within 60 miles of it; as I got deeper j ?t0at Zlay is CDtfeiSpla" into the matter I began to suspect DrJ iTTf l' J 6 Sty M Sl' rnni- wa r,,. oi J i. ! dent Zelaj a issued an order that Amer- New York Dpc QPantain Tnce e!l.x' L9T?i)fin Laid that the' writ '"f "Sr An not show a "skillful attempt to de - " a ru 5 posslble for Dr Cook to te thW- calculaSoi of 'oWrvationa hi LoJse calculations or observations dj Loose simply for comparison of his own, Loose said: "Dr. Cook will probably say this, but why did he need any such calculations and reckonings backward, as I made for him? Why did he need any one to make calculations for him if he went to the Pole and too: careful observa tions on his way to and from the Pole?" Statements Differ. Companisons of statements of Dun ket, and Loose today show distinct variance. Dunket says he always be lieved Dr. Cook a fakir, and framed up this with Loose on that assump tion. Loose says he believed Dr. Cook honest when he entered the deal. The Airidav'ts. Affidavits are by -Dunkle, a broker, and Capt.' August W. Loose, seaman, the two men asserting Dr. Frederick A. Cook, hired tbem for $4,000, with the promise of an additional bonus of $500 to have them fabricate astrono mical observations and calculations of latitude and longitude for submission to the University of Copenhagen. They were published in the New York Times this morning. The men admit their reason for making the affidavits was that the explorer only paid them $260 for their work. Dunkle tells how he met Dr. Cook and caused him to become interested. Dunkle says they went to Dr. Cook with the idea that he wanted some one to help him prepare evidence enough to fool the Danish savants. The two men decided that the explorer's origi nal narrative bore traces of fraud; that Dr. Cook would welcome the right kind of assistance in carrying out the "bluff." Also there is evidence that Dunkle intended to reserve the lion's share of the spoils. General Superintendent A. H. West fall of the northern division of the Southern, passed through this morn ing on his private car going to Atlanta. Enthusiastic For Improvement Of Our By Associated Press. Washington, Dec. 9. Words that rang true to the couse of waterway improvement coming from speakers representing every section "of the United States aroused enthusiasm in the National Rivers and Harbors Congress today. That there was no reason for delay in formulating a policy of making effective for navigation the water courses of the nation and that the only thing to be considered ;was the project for national development was the concensus 'of opinion-of the many delegates. . Advocates of greater opportunities for commerce defended the poli cy of creating bond issue sufficient to complete the comprehensive pro jec tof improved water ways. . Carolinas TEN PAGE FOUR O'CLOCK EDITION PRICE 5 CENTS The s vv as Dispatch From Panama Says a Mo n t h Ago Zelaya Ordered Military Commanders to Shoot Americans. Officers Then Predicted, '1 rouble With tlncle Sam Four American War ships inCorittto Harbor. Day's Developments. By Associated Press. New Orleans, La., Dec. 9.-A cable' from Panama says: "Death to Americans" is the order issued to the army by President Ze laya. Positive information was received here that more than a month ago Ze laya issued instructions to military commanders to shoot every American caught fighting in the army of the revo lutionists. Some of Zelaya's military officers pro deter-(iesie(I against the order, and warned him that trouble with the United States would be the result. The gunboat Vicksburg which has been stationed at Corinto ever since the I Nicaraguan trouble assumed an acute stage, has been reinforced. Now four American warships are in Corinto harbor. Reports Discredited. , Washington, Dec. 9. The statement telegraphed from Nicaragua to London to the effect that the United States demanded the resignation of President Zelaya and he indicated his purpose to retire by the end of the present f,"1""" - "' ia ueuiareu umrue.ai tne state ' 1K-aua uiyimea wiine serving in tne Revolutionary army should be m,t. to .death, is discredited. Officials" are not J&?J15?hr elaya WOU,d lnus coujt ms own: undoing and cer- Wn ve, throw hi government by f!'CeS f the United States bv . S),h n nri1sr nn!. m . 1V JXXlv.llLO are awaited with great interest. It is expected that within the next few days or weeks at farthest a crisis will be reached which will determine the fate of the Zelayah government. DEEP MYSTEBY ; ENSHBOUDS BATH MM flk . m 'mm ' t nn u n to iuu m u ii u lu By Associated Press. New York, Dec. 9. Insisting they are objects of undeserved persecu tion the members of the Wardlaw and Martin families are still disin clined to clarify the deep inystery surroundings the death of Ocey Snead, victim of the bath-tub tragedy. Miss Virginia Wardlaw, the victim's aunt is in jail awaiting hearing on the charge of murdering her niece. The absence of Mrs. Caroline Snead, mother of the victim, and the young woman's husband, Fletcher Snead is still unexplained,' tending to controvert the theory . about ill treatment of Snead and wife by mem bers of their families. Letters written by Virginia Wardlaw to Fletcher Snead were given publicity today. The missives are filled with endear ing phrazes from aunt to nephew. Family pride is asserted to have been the sole reason for the apparent de sire of the women for seclusion in adversity, which caused neighbors to regard them with suspicion. Mr. and Mrs. R. C. Carson will return to the city tomorrow from Lake Waccamaw . in the Eastern part of the state where they have been for several days. . Waterway

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