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Insuran*^
Bd^:^ toarders
^atest Eaition
twelve pages.
THE
Latest Edition
TWELVE PAGES.
VOL. 45. NO. 8085
CHARLOTTE N. C., THURSDAY EVENING, NOVEMBER. 16 1911
D*ll3r—6 Oe&ts Stmday.
* ^v*Vi/I2# (Otttside Charlotte t Cents a Copy Z>aUy Stmday.
Petition of Independ
ent Tobacco Dealers
Was Denied To-day
Itai't to Intervene tn Govern- j IndictmcniS In
Rebating Cases
’s Diss olution Suit |
i the Tobacco Itust
cu!i C
c frmied by U. S. Cir- By Associated Press.
i New York, Nov. 16.—Thirteen in-
nW^tt
dictments were returned this atter-
noon by the federal grand jury which
has been investigating charges of re-
c^,rment waiNoi r;mw.~riirr*is
from Decision oj Approval rduSWh\‘‘.‘usuTs?.
Quhrme Court Mai Be crecy.
^tfUpremc ^ ^ indictments are similar
jiskea to Review the Case.
I r.
i.ir ^ed Pres®.
Va.'-trif*. a. P. C, NOT. 16^The gov-
:’il not appeal from the de-
ti.e I’nited States circuit
.r-* York which approved the
^ j ,-rslution proposed by the
V^-rlcR- Company. While
E =^rnrieni may ask the supreme
tbe decision at any
. -h n a year, it was learned
'- it 'ifTomey-General Wicker-
. -3,, r.o; planning do so at this
t!a® •nfl
Petition Denied.
s>w Y.^rk. Nov. 16.-The peUtion of
•• *1independent tobacco deal-
f, r lea >' ■ intervene in the gov-
-Its d -30lilt!on suit against the
■0 Tr'irf, was denied today by
? ai''^5 circuit court. This
f! the case probably will
the I'nited States su-
■ ’"3C* court.
' SVT York. Nov. 16.-The United
?ta»r= pircuiT court denied today the
(r -ji penfion »f the National Cigar
Tchr.rrn AsociatioD and the Ci-
ar Manufs furpf?’ Asoclatlon of Amer
ico fli«d y-^?tprday for leave to inter-
• °ne In dovemment’s dissolution
. • 'he American Tobacco
■^1? decision furnished a def-
"i p t inf "la which the defendants
-r."«ai to the Federal supreme
except as to the details of the par
ticular transaction and contain in all
forty-five counts. The alleged rebat
ing w^as on the shipments of mer
chandise between this city and Chi
cago.
The Cox Murder Cate.
By Afsociated Press.
'Miami, Fla., Nov. 16.—The defense
in the trial of P. C. Cox, charged
with them urder of 15-yearK>ld Hettle
Parcel today introduced witnesses
purporting to controvert the testi
mony given by witnesses for the
state, Fred Lawrence, who told of the
carrying by the defendant in his
buggy of a mysterious paskage from
a deserted house to a point in the
Miami river where the body of the
dead girl was found.
The theory of the defense is that
Cox’s bugg>^ is not large enough to
hold two persons and a package con
taining the body of another. Several
witnesses testified to the identity ol
a narrow boxed buggy exhibited by
the defense but would not swear that
Cox was driving in that particular
buggy on the night of the alleged
murder.
J. D. Glrtman testified that Cox
owned a large buggy in which his
family rode shortly after the killing
but he did not know whether Cox
was In possession of the bugg^’’ prior
to last April when the Parcel girl
disappeared.
Constitutionality
Of Sherman Anti-
Ti list Law at Test
James Cannon at Promises to Be One of
Bankpri Mppt\ ^ost Important Battles ever
JHlIlKerS iueei\ Federal Courts
Opened Against Beef husts
Today.
VIEW AT NANKING.
View of the Nanking Gate outside of the pity of ,N*nWngf whei^jthe^anJ^ ..ioWierit recently wassacred
thousands of the Inhabitants. The lrnpe!‘lal tfooM, sacked the city arti|^ih«®,^^turBed.;loo«c pn the helpless Inhabi
tants, siaugtering men, women and children.'* "v
By Associated Press.
New^ Orleans, La., Nov. 16.—James
G. Cannon, president of the Fourth
National Bank of New York city, is
scheduled to arrive in this city today
and will be awarded the honor of be-1
ing Ae first delerate to come here rOT%,eS OU MJejen"
for the 37th annual convention of the
American Bankers’ Asosciation, which
opens November 21st, to continue five
days, closing with a trip to the Panama |
canal. Mr. Cannon was the first chair
man of the national association of I
credit men, which organized in 1869.
He is also idei^tified with the men
and religion forward movement and By Associated Press,
will be Invited to speak on this sub- Chicago, m., Noyember 18. - No
,|OCv DOIOrc uQ ilOcvvOS Lud d' I .3 1 * i XI.. *1 J! 2 J
The creation of a foreign banking j appeal of indicts
section and a section dealinj^ with {Chicago packers for writs of habeas
bonds and securities, it is understood, I corpus can come before tomorrow,
will be u^ed ^^ore the conv^tion of Judge Kohlsaat in the United States
local bankers. The foreign banking sec- * . . . „.
tion, it Is said, is made'necessary today granted a 24-hour
essential to transactions involving if*], ^®
bills of lading. The recent controversy h^swer affidavits filed by the govern-
brought about by alleged fraudtllent attorney^
(koigia
Without a
Executive
i’iate ' Press.
*hf>
•i
-.r S
Pr,
■ne
tr.‘ f,
ir
LINES DRAWN IN SESSION
OF NATIONAL GRANGE.
Chief
1 By Associated Press
Columbus, O., Nov. 16.—-Lines are
drawn for a conflict between the so-
n-Nov. 16.—For a period called reactionary and Insurgent fac-
lou s ending at 9 o’clock tions of the National Grange at to-
. ^ of Georgia was with- day’s session. x * -
o\rf u-ive. I’nited States It was predicted the supreme test or
' Smith formally ten- the strength of the factions would
ation as governor at 7 come when committee reports are pro-
da \ pveninc: and his sue-'posed or nominations for offices or
. 1101 Pro Tern John M., membership on committees are sug
" n: of the ptate senate, gested.
if th, oaih of office until 9 It was declared by membera of the
a . The oath of office was new so-called “middle of the road
h rhlef Justice Fish, of group, organized by 14 masters in ^
rrme «ourt. So ceremony cret session yesterday, that this eie-
the resignation of ex-'ment would hold the balance of po^er
ith or the installation In'in the sessions of the grange. This
no’ Slaton. ! group, it was found, has a membership
' tiiRt important action; the majority of which is also
iipw executive will be the among the membership of the so-called
’1 for the election of a Insurgent faction.
- cessor to ex-Governor , —^—
'•fl'e primary has been Canadian
nUIIQN
IN CHIN A
By Associated Press.
Amoy, China, Nov. 1.—Practically the
entire southern half of Fo Kien prov
ince has gone over to the revolution
ists. There are disorders in the inter
ior. At Chang Chow rival factions are
fighting for control of the local govern
ment.
Foo Chow reports that provisional
government there ife trying»4a
order, people who had fled are returii-
ing to the city, and the shops are b^
ing opened.
Hing Hwa, a coast city about 50
miles south of Foo Chow has accepted
the new government quietly and many
of the old ofiicials remain at their
posts.
In this city the radical element is
organizing the republican government.
The moderates who wished to declare
Amoy independent without committing
it to the revolutionary cause are not
being consulted.
Threatened WitH t^amine
Because qf Crc^ Failure
By Associated Press. ' -
St. Petersburg, Nov. 16.“Blght mil
lion persons are in need of immediate;
relief owing, to the failure of the crops
in 20 Rossian provinces.
This startling announcement was,
made in the Duma last evening by
Premier Kc^dvzoff in reply to interpel
lations concerning reports that famine
threatened a wide ar6a.
The premief explained that the crops
had failed compl^ely in 12 prbvinceis
and partially in eight • others. Of the
12,500,000 inhabitants of the affected
territory, $,000,000 were in immediate
need of relief.
,The iveceiMaiy measures would re
quire, the premier said, the expendi
ture of $60,000,000, of which amount
the imperial exchequer would have to
find: $^,000,000. Half of the total was
hecessaiy at once to defray the cost
of silpplies already dispatched.
M. Kokpvaott added that actual fam
ine conditions were riot widespread yet
huf .the sajffltary situation was a cause
'of great anxiety. \
M’fAMyHS
sive—Await Judge*s Action
in Habeas Corpus Procud-
ings—Court Asked to Quash
Writ. *
cotton bills of lading could have been I * , v - i,
avoided, it i. pointed oat. had the
Bankers’ Association provided a for-lp*®“* “Si^ that writs Issued Novem-
eign section which coild have talten t)e auashed and the govMit
up this matter and in all probabiUty “®“‘ allowed to proceed with its trial.
‘set for next Monday, on indictments
charging violaUon o£ the Sherman autU
trust law.
In any event it is not believed the
trials o£ the packers will begin Mon
day. In case Judge Kohlsaat sustains
the government’s contentions that the
packers petition was not good faith
and quashes the writ, the indicted men
have announced they will appeal to the
supreme court and thus obtain a ruling
on the constitutionality of tiie criminal
sections of the Sherman la'w. This, ac
cording to counsel, will have the effect
of preventing trial on the indictmentai
until the ruling. Should Judge Kohl-|
By Associated Press. Isaat grant the writs the government!
Lincoln Center, Kan., Nov. IS.-Pleas jwUl appeal to the supreme court.
of guilty were suddenly announced In Chicago, W., Nov. 16.~What ^yea
. . .X . ^ ... J X- promise of being one of the most im-
the circuit court here today by three battles ever fought out
of the most prominent men accused in hn the federal courts was begun be-,
connection with the tarring of Ml^a fore United States Circuit Judge Ghrla-,
Mary Chamberlain, the Shady Bend
^ ^ . J .At lQ o*clock couMel for the govem-
school teacher. These announced aild sd-^ed heef trust wenei
of guilty: jih court for argumeht in the habeas
E^rerett G. Clark, president of a corpus proceedings filed In behalf ofi
Shady Bend milling company. nine indicted meat packers and which
nr* cviaHv attacked the constitutionality of the
Watson Scranton. Shady Bend i
farmer. ti-trust law.
Jay Fitzwater, Shady Bend farm* Government on Defensive.
gj. The government forces are on the
Judge Grover reserved sentence. I defensive. They were so placed when
I When court was called County Pros- Judge Kohlsaat granted the order for
ecutor McCanless presented affidavits the writ. The ground gained by coun-
from many citizens of Lincoln county j ®el for the packers in the first nwve
to show that the cases could be tried was the cause for a hurried gathering
fairly in the county. talent to protect the federal
We will announce to the court that sovernment’s interest,
we have decided to withdraw our ap- The government’s case. It was said
plication for a change of venue,” de- will be directed by James ^eean and
Glared S. C. Millekin, of counsel for District Attorney James H. Wilker-
thG d©f©DS6» I
When the formal pleas of guilty had
been announced one of them by Clark,
upon whose case those of the other depends on the acti^^en by Jud^
eight men accused of connection with Kohlsaat on the writ, ^ould ^e court
the tarring were expected to hinge, and j decide to quash the wnt then by a pro-
Judge Grover had reserved sentence, ^s^ion of the rules of the supreme co^t
aftld* be may either remand the indicted
“It is necessary that I reserve sen- na®u to Judge Carpenter for trial to
tence for I have heard no testimony j the district court or detain them in toe
ifd I re^ly do not know the nature custody of the circuit court until the
of the offense. Accordingly I will wait appeal which it is assumed woi^d be
until after the other cases have been made in such J®
h Vd ” ^ ® question of the law’s valld-
The first surprise at the pleas of ity in the sujeme ^
2 Eierelt’S^mni^ ker^ the most important point in-
employe to B . placed ™lved in the proceedings is whether
^to"Cs?ait Md It is possible to bring these defend-
on triaij^ charged with assault same way and ao,
With' tnrtftv'8 nleas of guilty in cording to the same principles as la
With todays pleas oi ^my m ordinary law breakers.
four men now stand guilty or a pare omvAmmPiit attomeva ““i"
in the tarring of the young school! The government attorneys
In the meantime arguments were
reached a'solution.
OPPOSE GHIINGE OF
VENUE IN “Tim UNO
mmr eiise
B>-. Associated Press.
By Associated Press.
Parliament
and It is thought the bv Associated Press.
Opens.
’pf't’on will he called in Janu-1 Ottawa, Ont., Nov. 16.—The first
- sKir Slaton is allowed 60 -session of Canada’s 120th parliament
^ - ro cfii] It. } was ppened this afternoon by his roy-
I hi8;hness, the Duke of Connaught.
ATTACKS MADE UPON I The appointment of a triff com-
POWER OF CONGRESS.! mission was urged in the speech
j j.jjg throne.
'"'ontted Press.
‘‘•'^rston. Nov. 16.—An attack
■ fo-Jnv upon the author-
'•■..sr's> and the interstate
: ' ■( commission to require
rharge against their
?8ri i; ■ , - F-timated replacement
'^lu# '.age) of parcels ot
rHlIroads.
'If 'as brought to the com-
‘ ;rt by the Kansas City
'’■’■’prn nT.ilway In an action to en-
‘iin i;i,f ih-rsiate commerce com-
n frnrn ?nforcing an order
. ’■hi'-;
OEATII OF BISHOP
ALEKANOEII
MUCKAY-SMITH
n efferi, •prevents the petl- ^
ror,i rarrvlng In its capital orjBy Associated Press.
■ a:’r.i,int8 the full, undlmln-
net salvage) of grade
, ' . nt! property abandoned
• '■''•'fl UEP,
pvi, inn i'pclares the order is
ar.d that it was Issued
pov rr of either congress
a'e commerce commis
.t f.
Philadelphia, Pa., Nov. 16.—Bishop
Alexander Mackay-Smith of the Pro
testant Episcopal diocese of Pennsyl
vania and one of the most prominent
churchmen in the country, died s\id-
denly at the Episcopal residence here
!se it is asserted that it'early today. Death was due to heart
n of the constitution. ! disease. He was 61 years old.
RF.V jirv SPOT
COTTON DIFFERENCES.
Tif.
Owing to poor health the bishop was
to have retired next February.
Bishop Mackay-Smith last evening
. ' V. 16.—The committee attended a reception at the divinity
iiot cotton differences I school. Later he tetumed home and
Vnrk Cotton Exchange met j retired. At about 1 o’clock the bishop
-'■'’^'al revision.
‘ If* C .
' 1 ,0
f’f fro-n
im
^acainat the old basis of
Medical Inspection of
High Point Schools
Special to Tne New^s.
High Point, Nov. 16.—>Todiay marks
a red letter day in High Point school
administration when the first medi
cal . inspection in the city schools
takes place. That everything may be
carried out properly and systematical-
Kansas City, Mo., Npy. 16.—Bankers : Atlanta, Ga., Nov. 16.—Interest in
and business men together, with thcsir today’s, session of the 31st annua*'
less formal brothers,'* the farmers,’to- convention • of the American Federa-
day swept aside the banner of peace tion of Labor convening in this city»
that has hung over the - traris-Missis- largely centers in the probability of
slppi commercial congress and plunged ^thelintroductipn of., a. resolution for
into a bitter struggle ovfer parcels an , appropriation of, |50,000 to ”be
post and the question of state’s rl^bts..' vised in the defense of the McNamar
Defeated' in the resolutions corhink- j>a brothers charged with complicity
tee, .where they had expect^ victory, in , the LOS Angeles Times disaster,
the support.ejs of the p^cels post r^- debate is expected to be
missing. ' ry - !.of this character is placed before the
George J. Kindel, of' Denver,known federation by. the California delega-
best bacuse. of.his fights uppn railroad tfon,’,and it is understood that prom-
Interests in Colorado, fired the 'open- ihent labor leaders are endeavoring
Ing gun for the parcelia , post adher- to prevent * the introduction of the
ly, the hygiene committee apportion-1 „ _ _ ^
ed to the different grades of the differ- ents when in a speech against .Wh^t resolution.
^ 'he termed the dofeliia^on of-the.^y-;j Reports of varfous committees, in-
ernment by the. ‘‘robter express coin^ troductibn of , a.nd action on resolu-
pajiies” who, W€|re gettinjg the benefit tipns rand ’ routine ' business are the
of the failure to h*kye a parcelii.i^(^ features of today’s iHrogram *
ent schools certain physicians, who
will make examination and give each
child a printed slip, will be sent to
each parent telling any defect of
siP^ht hearing or any part of the;he declar^ . that > "dnly^ia naji^ "of, President Swnuel Goinpers tonight
^ chumps would stand'fqr such-damna- wilt be the guest of bonor at the local
ble treatment and statesma^nshfei” “ ' lodge; of a secret, order where elab-
“I predict, that in ten' year^^!’ ;;be (^rate initiation ceremonies will * be
continued, “there..; will be no-expr^^^ carried - out. ;
company doing interstate^or cdpat>eti-1> > ; : — —
live business wftb “our ppstoffl^^.’.- BiSWOP KiLGO , \
Addresses by'Congressman' W.iiliam 1 i PRESIDING OFFICER.
P. Borland' on “WaterwayV’/.ind by '
Governor John Biir^,’of’ Nbrth bako-j; Salisbury”; Md,. Nov. 16,—The 129th
body. It is to be hoped the. parents
will attend to it promptly and thus
have the child atoid any ill nealth
that might come in the future. 1 his
philanthropic movement together
with the new departments of domes
tic science, sewing and bookkeeping
recently added to the city schools
curriculum makes High Point' schools
some of the most progressive in the
state.
HEROES’ NAMES AT CANAL
Panama Fortifications to Honor Civil
War Qenerala. ■
Washington, D. C.,_Noy. 16.—The for
tifications which are being construct
ed on the Panama Canal will be named
in honor of the heroes of tbe civil war,
with the execption of one at the At
lantic terminus, which will be called^
J\)rt* De Lesseps in Jionor of the
, Frenchman who engineered the origi
nal canal project which failed _
The seacoast fort at the Pacific-ter-
included an increased ing for breath. She summoned the
n $nades above middling' family to the bedside and in a few min-
25 points and Increased' utes the bishop lapsed into unconsci-
on Rrades below mid- ousness. Dissolution followed.
? to 40 points. Among I Bishop Mackay-Smith was bom in
■ f c hanges were the follow- New Haven In 1850 and came of a dis
tinguished New England family. He
was gjaduated from Trinity College in
on ^ fair, 1.20 on against 1872, studied at theological seminaries
^ n against in x^w York and In England and Ger-
iiMddlinK 80 off against 60‘many. He was ordained to the priest-
" 2.1.' off a^ainBt 1.75 hood in 1878. He served as a city mis-
" P >ii!,4ed 1.90 off a?ainst gionary in Boston, rector of Grace
i church, South Boston, waa Msisunt
COMvipr-.a 'rr 'rector of St. Thomas church. New
CONTnSPi^^^^^® I York, from 1880 to 1886 and from 1886
controlled by TRUSTS, to 1893 he was first arch deacon or
Kaii^e-.; / ~ . ! missionary superintendent of the dio-
’ I 16.—“This cese of New York. In 1893 he became
^■ *5 1r ,, rr.r n Con- rector of St. John’s church, Washing-
t^ ro?h l'’b‘>yi3t» rep- ^ ton, and while there was chosen bishop
"'uung thp rnv.h —icij- Ton, ana wniie iaer«
r&iiroadR companies, coadjutor of the Pennsylvania diocew,
!''* b?f»n rf JL SuKar Trust and succeeding Bishop Whitaker upon toe
coLsrrwi.’ repeatedly death of the latter in February of this
'■■ jg WASetnent the star- year.
the plat- Bishop Mackay-Smith leaves a wid-
J Kenrt* congress ow and thrfi^ daugbtera. His wife w»*
Uei
Kendal, of Denver.
Miss Virginia StewarL
ta, on “Improvement of Inland Watery session of the Virginia confer-
ways for N^ivigatioh,” as wMl : as an . of the Methodist Episcopal
addretes by Darwin P. Kihgley; of-New church^ South, opened yesterday with
York city, 'oh ‘‘Llfe“ Ihsurahipe and :^bout -SOO:- delegates In ; attendance.
Justice” occupied the>rest of^the* con- Bishop John C. Kllgo, of Durham, N
ventiqn’s time. . t IC. presided.. Rev..^S. S. Lambeth was
r^leetod 'secretary and Revs. B. F.
1 . . ' -«T. ^ WaIIa WATA
PR INTING" MONKEY
of
Ld^^nlb - afid Frank L. Wells, were
fer^©i;t#d^as^is^ts. . _
V Reports - of Hhe - presiding elders
eiiowed* that dtiiing ‘ the past confer
Mce -yea bad been 24 persons
pn ail average converted for every
minus of the canal will be known as
Fort Grant and batteries at this for
tification will bear names of division
commanders of the Northern" artny
They will be as follows; John Newton,
Wesley Merritt, Gouveneur K. Warren,
Don Carlot Buell, Ambrose E. Burii-
side, John G. Burke and Charies F.
Smith. ^
The seacoast forts at the Atlantic
terminus will be known, as Port Shu
man, in honor of General William ^
Sherman; Fort Randolph, In honor
General Wallace P. Randolph, and
Fort De Lesseps. The batteries at
Fort Sherman will be named in hofior
of the following division commander*
who served under General Sherman:
Oliver O. Howard, David S. Stapley,
Joseph A. Mower and Judson • Kilpat
rick. The bateries at the* other. tw.o
forts will be known as John C: Tib-
dell, Alexander S. Webb, Stepbw S.
Wo^ and Charles H. Morgan. They
are named for artillery oflleer» wto
distinguished themselves dtinng the
HvU war.
Increased - De^afid for > Bills
' 8maM jiWnomin?rt,K»n«.; ' i ,
Washih^n, NoVL: 16.^Ru^ orders
have- been given-the Hu>*^‘u"of Engi^vr
ing aii4 conference.
trn force and add an^onr to .;the work- /pledged $10,000 to
big. day in «der to fill a .pressing . Metho-
mand on Treasury Jor notes of c. Ac-
small denomination. , ^ . .. «Av.innff*to'Rfev^)r, €tetfrge S. Sexton,
The demand ia ?®*,tbe-reBreaentative ot the general con
notes. Inci-ease in', poDu)atlcp and in' J™ ■^5raised be-
hneineas, tSe demand solitary ^ ^'^he S!ild&“n^oo^
notes, the appro|«!h ;of the holidays y in sight:
and other' reasoM- are giye^ler. the Sih-
atortage ,ot sm»n,not«,v in, the count proposed appoint-
Because -'of . the situa^n . congress ments of pastors,
will be a^(^ for a deficiency;at>prb- ^-oAri7
priaticm tor the bureau ^and to .'appro- ASLEEP ON
priate for . 10,000,000;^additi0nal ^ ^ STRUCK BY train
“sheiats” off nojes for the curri^t'flTC^l
year. Even,tMs may‘npt fill’the gap. By Associated'weM
^ - - -,...4- ' : C6Iumbia, S. C., Not, 16.—^leep on
NlW QOVrRNO^l'iS ■
• FiliST SPEECH RELiaiOUS: was stirack by a Southern
——^ , : j.ttain ; this.-morning, between Wln^
Spmal to The News. . , . ^ bqro and, Colu^abia, and died t^
Atlanta, Nbv. le.-riBy an antecestiiig union paa^nger station
coincidence, Gorernor Jpim M'v Silatbn’^^ itfterward., The train was bound to Co-
first public speech as Georgia’s‘Chief lunibla".from Charlotte. * „c
executive, will be 'religious and not p^ , Tiie decea^ appears about 25 yeaj
lltical. He wil li^llVer the pr^cipaV oUi.' A'bundle of .clothiijg which he
address at the dedteation of.tbe Buck- csarried.w’aa wrapped In paper from a
.head' Baptist churc^i this fihmdajf.^ Rev.vstor« Jat. Smiths’ po^ ofi^e- between
^ H. Peacock irtll be'the MW imiridir/ChMita» luid Betit SL cv
asked
. • wnA 'fiviwa.rH Ricord 1 the court to Quash the writ on the al-
r5»h”»d2^^^
Sn^ce^fhy^ ~ ^ AnJ^ rrrs-^^P^S
derson M'>ert Klnfels^^r^ Attorney wnker-
sentS in tolo «>n«edan atBdavlt tosnpport themcK
were senienceu lu » iw. tion to auash the habeas corpus writ
days- ImprlBOnm^ each, are to be I ^
nve Sen?Ha^ Armstrong, *>"*on ^ reason tor the »«««.,
HaU, Alfa Llndermnth, Benjamin Paint aheean of Roeelal
cj£ Se^^'^tnT^ tSe "tarring”to quash. »* the nln* in-
Tent ttem from refusing to UnstltuUonallty of an act m urtneh
friePQg- certain Indictments are predicted,"
wiTM said Attorney Sheean, for the govern-
18 iiiftTire ment “I insist that the defendants
OBSTRUCTING JUSTICE | surrendered legaUy
« A I i. 1 should be surrendered in open court
Fla Nov. 16.—The case and not to a federal marshal. make
of Frank Praton,’former chief uiMn^fs return*toat
Se*'^o5let®‘r tXV“th”S Srlefd
Ij^t^ ftlLs^rt cL^nYhimwith by virtue of some writ of process
obstructing justice. This charge was
which has Its foundation In the pro-
brought against Penton when he Isjce^togs at issu^
said to have killed FeUx Corbin, sole ^^bese defend^ts
twitness for the government in a crimi-j merely ^
nal case against Sheriff John Collins.,not upon any process issuing from
Penton will face a murder charge In
the state courts after the federal court
gets through with him.
Premier Forms Cabinet.
By Associated Press.
Peking, Nov. 16.—7.30 P. M.—A cab
inet formed by Premier Yuan Shi Kai
was announced in an Imperial edict Is
sued today. It includes a few Mancus
but no nobles. Some of the ablest men
of China are omitted but under the cir
cumstances the ministry is 'ccnsider-
ed ai^Usfactory.
this honorable court Therefore I ad
vance that the surrender was illegal
and should not be permitted to ob
tain.”
Two affidavits were filed by Dis
trict Attorney Wilkerson and his
aides. The first was by Mr. Wilker
son and the second was by Deputy
United StiUes Marshal John P. WOlt.
Wolf’s affidavit set forth that he in
formed counsel for the defendant*
Jit the time of surrender that he
doubted the lesallty of the surren
der.