.- t , Leather today : Cnr n'tM I rt ( A 'l ft h m for na-a Fair HALfEIG-H, N. C, SATURDAY, APRIL 29, 1906. No. 128 g 1 mm ivioliJN JMO . JtfO ST -.ar 1 i . Win sfon to ublic P Abandons Fight to Have.Gov ernmentiBuy Court House, tnd Accepts Old Appro priation of $60,000. Gen. Ainsworth's . Book - -By THOMAS J. PENCE Get Her ; I). C, April 28 Spe- Salem has abanaoneu. f:a'7cnt"to have the government pur t:'e""'. Qtwiv court house for a . building, and at the instance Wr.tatives of the city author! ' La .y board of trade, the super- s architect of the afternoon to treasury de adyeriise for building1 to be erect- purchased under au- J nti Til a 1 four "voars ago xor tut? eiec- . . , hminincr m the twin 500.000 appropriation then'-' tion Citi'- p-de for this" 'project, but the peoplo fVinstor.-Sn'.em thought they were Lid' to a bettor building, and they -inhered tli- county court house 0'Je desirable in every way for the c?7ro?t of'ici. and for that reason they never took advantage of it. The pVchase of the court house was vig-c-cu?:y. urped. but it is against the policy'. of the government to buy sec ond "and build ii gs for its purposes, jxd there was little hopo that congress wuld be induced to set the prece cir.:. . Rfalizin? the futility of further ef fort in this direction, it was decided tp take advantage of the old appro priation, -.vhich means a public build ir? at a comparatively early date. The situation was laid before Mr. Taylor, the supervising architect, this afternoon by W. T. Brown represent ing the city and aldermen and R. "VV. Gcrrell of the board of trade. He congratulated them on their 'decision, and stated that he would ask for bids M an early- date for the construction 5f the building, the plans of which fere drawn .several years ago. - These provide for a very subtantial two story building, with post office, court ind revenue accommoda-tions. The site on 'which the. new building will be located was purchased at a cost of C$50. This leaves $5G,000 for the Mdir.g. However, an additional ap propriation may -be obtained from the new congress, which would give tha city a rrcre pretentious structure at least one more ornamental. The pub lic building bill that' failed of passage last wintea contained a $15,000 appro priation for the "Win-ston-Salem pro ject, - Speaking of theituation while at the treasury dc partment,Mr. Brown said:, "Our arrowing city is in urgent need f a commodious public building and Kir people decided they would not wait fcger. While the appropriation avail ib'e is nothing like what, we desire, we decided to take any old thing. We have been fighting for a public build ing for 20 years, during which time we have paid into the federal treasury for ty million dollars." General Ainsworth, the military sec retary, has Just completed one of the most valuable and interesting publi cations issued by the . government in a long while. It is a pamphlet con taining a mass of information in re gard to the general officers who served in the armies of the Confederate states from 186 to the close of the war in 18t5. The statements were compiled from the official records and are complete in every particular, giv ing the date of the appointment to each officer, together with informaion regarding his services. With reference to the policy of the administration to force the separation of organization Republicans from the servtfee, the Star, the administration organ here, said this afternoon: "It is said to be the intention of the postmaster general to issue a cir cular to all postmasters, in which they will be instructed in the rules of the civil service, after which, if they do not possess the proper amount and quality of "gray matter to comprehend their meaning, it is more than likely that they will be relieved from their duties in the government service and permitted to devote" theifr entire time and labors to the political organiza tions with which they - chance to be affiliated." Commander, McCrea, Inspector In charge of the light house service in this district, announces the appoint ment of Mr. John Rose to be keeper of Wreck Point beacon light, N. C., succeeding N. V. Midgett, who has re tired from the service. The president, today appointed the following North Carolina postmasters: Daniel McLeod at Carthage, Drury W. Deweese at Murphy, j Fourth class postmasters were named as follows James E.Estep at Amelia, Alleghany county; Joshua W. Wood, Holyfield, Surry county; James Disson, Ham, , Bladen county. Rural delivery routes were author- in Boston yesterday to advocate the representation of Massachusetts at the Jamestown Exposition in 1907. He appeared before the legislative com mittee, on federal relations during the afternoon and made a strong address in favor of having Massachusetts, erect, a state building at Jamestown. He left here last evening, apparently in his usual health. Change for the Worse Washington, . April 28. At 11 o'clock tonight there has been a change for the worse in General Fitzhugh Lee's condition, and the opinion was express- Led at the hospital that his chances of recovery were very poor. Career of General Lee General Lee was bhorn at Clarmont, Fairfax county, NVa., November 19, 1835, his father being a brother of the late Robert E. Lee. He was graduat ed from the tjnited States Military Academy in 1856, commissioned a sec ond lieutenant In the second cavalry and saw considerable service against the Indians, receiving a severe wound in one engagement. He was ah in structor at the West Point Academy when the civil war began, but resigned his command and joined the Confed eracy. He was made adjutant general of E well's brigade and in September, 1861 was appointed colonel of the First Virginia Cavalry. He participated in all the battles of northern Virginia 1861-'2 was made brigadier general in 1862 and major general the next year. At the battle of Winchester he had three horses shot under him and was severely wounded. In 1865 - he com manded the army of Northern Vir ginia until he surrendered to Gen Mead at Farmville. " General Lee was elected governor of Virginia in 1886, serving until 1890. In 1893 he was appointed United States consul at Havana by President Cleve land, and was retained by President McKinley until the declaration of the was with Spain. His conduct of the detail questions preceding the war was the subject of high praise. In May, 1898, he was appointed major general of volunteers, and after the conclusion of peace was made military governor of Havana. Subsequently congress by a special act in 1901 made him a brigadier general in the regular army for the purpose of placing him Wentworth A. lotte, Jqhn A. .Mills is such upon the retired list, which was izea today to begin operation June l ! done in March of that year. as ioaows: Koute ino. i irom .tsain, Beaufort county; route , No. 6 from' Greenville, Pitt county. North Carolina arrivals Include Rep resentative 'Pou, G. L. Morton of Wil mington, ex-Judge Spencer B. Adams of Greensboro, Reuben D. Redd of R. Newcombe of Ohar- and Charles H. Gattis of Raleigh, W. J. Craig and W. H. Malloy of Wilmirgton and Mr. and Mrs. J. R. Rountree. Mrs: George Mercer, of Washington Circle, will leave Washington this: week for a visit to Durham, N. C. Marriage license was issued to John W. Brown -of Charlotte and Elizabeth R. Hendricks pf this city today. Arguments in the case of the Wells Company of Mississippi vs. the Gas tonia & Avon Mills was completed in the United States supreme court to day. J. Hirsch and C. W. Tillett spoke for the "plaintiffs, while Assistant Dis trict Attorney Augustus H. Price ap peared for the defendants. About$70, 000 is involved in the litigation. Gen. Fit ZillU BP Lee Died Suffered Stroke of Appoplexy between Boston and New York-Went on to Washington-Death Came at 11:20 in Provid ence Hospital era; Wharton r r. - --, . v.., April 48. VjtCII- hai ra. UV tomsht at 11:20. He th rt"a; -'ne'i consciousness throughout -'"- ins nnrurn v otmnir - - We had that Jd his nhvsiriians tr there wa htmo for his There W .I ? n r o-ar .K o r, .-v At V' Until latcr tnis even" iir,Clfk the attening phy-"Gn-r 'the Allowing bulletin: t-,oi- oirheult and pulse is not as fcXi brame aPParent that the l-.v av at fh( and he passed peacefully nour named, surrounded hint rtmj-fnen'ls of the family. SRhUr 1 April 2S.-General Fitz- anc-cir j , " UI,ie(icrate. cavalry com- -- iuc civil war, former gov- a. a veteran of thr;i 'r'ra! of , )V: a retired brigadier 1):r? da, United States army, is feitPi 7v,Rly U1 at Providence karrivni re he was taken upon frjsto 'J I'll. . : tit Vv'ashington today from thle timfl 'an suffered, on thp a stroke of ap federal expres3 W 1 rr 1 . ... 1 a n . , - . . mfivv,;.- "-, aim ai a o ciock atMottT; 'hen the train arrived Han,, wf VOn n Harlem River, phy- -,n, Ummoned. He was con- "Brnr.,. ' uc'0,-dcd Urnov t . J---iea to continue the iaap.j Uaphington where the fcoa' r at tcn 0'clock in the af- ll On v, nc train 1I1P renmvoH medical attention from Dr Richard C. Cabot of Boston and Dr. Schull of the Pennsylvania Railroad. News of - General Lee's illness was telegraphed to the war department, and when the train pulled into the Pennsylvania station, a group of phy sicians and friends were there. Sur geon General O'Reilly of the army sent three surgeons, Majors Kean, Edie and Mason, and among others who were at the station were Major Michie of the general staff. Prof. Harry St. George Tucker of George Wahington University; Major1 Holmes Conrad, former solicitor general of the United States and Major Robert W. Hunter of Virginia. During the process of carrying him from the station to the hospital General Lee retained con sciousness, but his condition wras re garded as alarming. At one o'clock Major Edie of the army, one of the attending physicians, issued a bulle tin saying that General Lee had suf fered a stroke of apoplexy but re mained conscious. The general's whole left side is affected by paraly sis. While alarmingly ill, the physi cians believe that he has a cnance o" recovery. He is C8 years old. General Lee went to Boston to urge the Commonwealth of Massachusetts to erect a building at the Jamestown Exposition. He is ( president of the exposition company and has been working for the success of the project in New York, Pennsylvania and other states. He left Boston last evening for Washington, where he was to be joined by Mrs. Lee. She has been no tified, as her son,;iGeorge, an officer, who is in San Francisco preparing to sail for the Philippines. Since becoming connected with the Jamestown Exposition. . . General Lee has made his. home inT Norfolk. Surgeon General O'Reilly went to the hospital this afternoon . and partici pated in the consultation of physi cians over General-Lee's condition. FOUR BEARS THURSDAY Roosevelt's Massage to Sec'y Loeb He Rests Till Monday Glenwood Springs, Col., April 28. President Roosevelt communicated with Secretary Loeb this afternoon and gave a quietus to the reports that .he as in ill health. His message came over the telephone, the president dictating It to Courier Chapman, who rode from the camp to a near-by ranch. The president's message in part was as follows: "We got four bears yesterday. All are well." - The rest of the president's message related to public matters and was to night communicated to Secretary of War Taft. the West Sixty-eighth street station. who made the arrest, said that he fol lowed the machine from Riverside Drive and tSeventy-second street to Broadway and Sixty-eighth street. The arrest was made within a couple of blocks of -Mr. Duke's residence, at 11 West Sixty-eighth - street.. He asked the policeman to allow him to be tak en - home, as he was lame. The police man went along and Mr. Duke sent his valet with $100 cash to the police sta tion to bail Grasser out. The driver is French and had diffi culty in understanding the magistrate, whose usual lecture was wasted on him. He asked Grasser if he ever stop ped his machine to, allow pedestrians to cross the road in front of him, or if he tooted his horn and expected them to run for their lives. After some trouble Grasser comprehended the question and said he had stopped to let' people cross in front of him. "If you ever did," said Magistrate Crane, "you deserve the biggest medal in New York." Grasser was held in $300 bail for trial. Mr. Benjamin N. Duke, brother of J. B. Duke, appeared to bail out Grasser. He said that his brother's lameness was occasioned by a recent surgical opera tion on his foot. As security for Gras ser he gave 'the $500,000 house at Eighty-second street and Fifth avenue. AWFUL CHARGE AGAINST THEM Mr. and Mrs. Shepard Knapp Smith Arrested for Bsat- . ing Child to Death New York, April 28. Mrs. Shepard Knapp Smith, formerly a New York girl, daughter of a well known family, is ImnrisoriPil in MnnrVipeter Ta ar.A her husband was arrested in this city j but that she today and locked up at police head quarters to await extradition. They are charged, with beating to death their five year old son. Mrs. Smith expressed no regret at her act. Mrs. Smith was formerly Miss Es telle Townsend, daughter of Mrs. Charles Townsend of this city. The Townsends are ; well known southern ers, and Mrs. Smith has three broth ers prominent in financial and profes sional circles. A brother of Mr. Smith is president of ..the Hygei Pure Dis tilled Water Company of this city. to attersoial3)(giii Seiase Prosecution Has Put in its Case Mrs. Smith Refuses to Testify Against Her Sister, Altheugh Guar anteed that Conspira cy Case Would be , Dropped Newcastle, Col., April 28. President Roosevelt did not participate in the hunt today, according to a telephone message received from a rancher living close to camp Roosevelt. It is further stated that he intends to rest until Monday. J. B. DUKE'S CHAUFFEUR ARRESTED President of American Tobac co Co. Was Taking Initial Spin in New Auto New York, April 28. Romar Grasser, of 30 West Sixty-sixth street, who drives an automobile for James 15. ; Duke, president of the American To , bacco Company, was arraigned in the West Side court today, charged with running his machine at 22 miles an hour. The automobile was a brand new 40 horse-power car that Mr. Duke had just paid the duty on, and he was tak ing his initial spin in it at the time of the arrest. A bicycle policeman of THE EDUCATION CONFERENCE OFFICERS Ex-Gqv. Aycock Vice-Presi-o dent-Clarence H. Poe on Executive Committee Columbia, S. C, April 28. Robert C. Ogden of New York was unanimously re-elected president of. the Conference for Education in the South at this j morning's session of that body. Chas. 1 B. Aycock, former governor of North Carolina, was elected vice president. These gentlemen compose the execu tive committee for the ensuing year: S. C. Mitchell,, Virginia; H. L. Whit field, Mississippi; S. J. Bowie, Ala bama; R, B. Cousins, Texas; C. H. Poe, North Carolina; B. :C. Caldwell, Louisiana; C. P. Bibson, Georgia; R. H. Jesseman, Missouri; J. H. Hinne man, Arkansas; D. B. Johnson, South Carolina. , B. J. Baldwin, Alabama, was elected Secretary and W. A. Blair cf North Carolina, treasurer. - Asheville and Greensboro, N. C, Lexington, Ky., and Austin, Tex., pre sented claims for the next annual ses sion. A decision will be announced later. Edward M. Shephard of New York was among the speakers af to night's session, after which the con ference adjourned. New York.cAprll 28. Nan. Patterson through , her counsel , has decided to leave her fate with the jury without making any defense to the charge that on 7 the morning of June 4th last she murdered Bookmaker Caesar Young in a cab. This decision was arrived at this: afternoon after the prosecution had put in its case, and after a lot of new evidence, considered very damag ing to the chorus girl, had been intro duced. From the prosecution's standpoint the principal witness against the prisoner was her sister, Mrs." Julia- Smith, the wife of J. Morgan Smith. Three pieces of jewelry, two of which had been giv en to her by her mother, Mrs. Smith identified as belonging to her. Pawn tickets were admitted in evidence showing that the jewelry had been pawned in Hyman Stern's pawnshop, where the revolver was bought on June 3, the' day before Young, was killed. Mrs. Smith swore that she had given the jewelry to her husband to pawn, did not know where he had placed it The pawn tickets were dated October 5, 1904, and by a number of questions Assistant District Attorney Rand, tried to show that they were renewal tick ets. It 'was not claimed by Mr. Rand that the jewelry had been pawned the day before the shooting, although by a series of questions in an attempt to confuse Mrs. Smith, he asked her if she did not know that the jewelry had been pawned on that day. When Mr. Levy demanded of Mr. Rand to produce , any tickets dated June 3, Mr. Rand admitted that he did not have any. All this testimony was brought out after Mr. Rand had promised Mrs. Smith to free her on the indictment for conspiracy if she would answer a' num ber of questions about what happened after she and her husband fled from this city soon after Young was killed, and a day or two before Nan Patter son was indicted for murder. When Mr. Rand offered to have the conspira cy indictment against her dismissed, the scene was one that stirred every one in the court room. Mr. Rand asked her if. she left this city on June 8, four days after Young was killed.- She answered, that she would be pleased to tell him if it had not been that she was under indictment for conspiracy, and that any answer she made might tend to degrade or con vict her of a crime. With his arms out stretched and in a tone most pleading, Mr. Rand walked until he was dijectly in front of the "vrttnees: An4 is -that: your only reason?" he asked. She paused, shifting her eyes from her sister to Mr. Levy: "Tei, sir. it ia she answered hesitatingly. Mr. Rand stepped back and In a solemn tone, told her that h was the aoting district attorney and that he would guarantee her that if $he an- " swered his questions, he . would inwne diately have the indictment aarainst her, dismissed. She smiled at him, it seem-; ed approvingly, and asked if she might consult with her counsel, Herbert R, Limberger, before answering. ;.Thi was accorded her, and after a -five min ute conference with Mr. LImberger she, returned to the stand. Mr. Rand . re peated the question several times, first coaxingly, then threateningly. Finally, grabbing the arms of the ohair and straightening herself until she became almost rigid, Mrs. Smith answered de fiantly: "No, sir, I will not; I will stick by my sister." " After that Mrs. Smith, declined to answer some two score questions, tak ing refuge in her privilege. After' be ing on the stand all day she felt weak, but still defiant. v "I feel good,"v shesaid," but at the finish I think they, had me a little bit rattled.". With, the exception of Mrs. Margaret Young, who was witness for only a few moments, Mfrs. Smith was 'on the stand all day. Mrs. Smith said she knew that Hyman Stern was . in Toronto in March last, but she denied that she knew he .was there for the purpose vof trying to "identify either Her or her husband. ' . - A letter which was marked for iden tofication, but not admitted in evi-, dence or read to the Jury, she said was in her handwriting. - That letter was supposed to have some reference to Stern. Another letter which she said was in her handwriting, was also in-, troduced"by Mr. Rand, but nof ad mitted in evidence, nor was it read to" the jury. This letter, Or a section of it is supposed to show that she wrote to her husband telling him to stay away as "I am not trusting to my own judgment,- but am simply acting under L and U's order,1 as you are." " When Mr. Rand got -through with Mrs. Smith, he announced that the prosecution's case was Jn. -It was then a few minutes after 4 "o'clock.- ' Mr. Unger made 1 the v usual motions for the dismissal of the indictment on the ground that no - crime had been shown ' to have been - committed, - that Mr. Rand had- failed to make good his promise in this opening-that J. Morgan Smith bougrit the pistol, and that evi dence had not been submitted to show that the prisoner ' killed Young. In answering this , argument Mr. Rand said that the manner . In which Young had been killed was in itself enough to submit the case to the jury. It was a question he said, of whether the man or the woman fired the pistol. "I did not state that I would prove that J. Morgan Smith bought the pis tol," Mr. Rand said. "I knew what i r (Continued :on page two.) g?usssort Fleet Sighted Off Gape Varela Thursday May Proceed Toward Vladi- vostack Left Kamranh Bay Provisioned for Six Months Foreign Offi cers Traning Crews Tokio, April 28.-5 p. m. The Russian second Pacific squadron was sighted yesterday off Cape - Varela, seventy miles north of Kamranh Bay. 100,000 TROOPS IN ST. PETERSBURG Paris, April 28. One hundred thou sand troops are massed in St. Peters burg in anticipation of popular dis turbances on May 1. Last night, 1,500 arrests were made. Governor General Trepoff has Issued pav no attention to rumors of what that Admiral RojestvensKy is sua uu may be expected next Saturday. He Kamranh Bay. awaiting the arrival of says that any attempt to create a dis-, the third Baltic squadron. It is as- sumeu iiiiii mo wuti , uivuU - bound, will pass Singapore Sunday or early Monday morning. France main tains that it can not prevent the Rus sians from cruising off Kamranh Bay outside territorial waters. Still Off Kamranh Bay London. April 28. The meagre infor mation here is regarded as indicating turbance will be ruthlessly suppressed, i Sixteen Miners Killed by Explosion at Eleanora Shaft Made Strong Address in Boston Boston Anril 28. General Lee was Dubois, Pa., April 28 Sixteen .men were killed and one will die as the re sult of an explosion at the Eleanora shaft near Big Run. The shaft is lo cated one and a half miles from Big Run on the Buffalo, Rochester & Pitts burg Railway, twelve miles south of here. - The mine is owned and operated by the Rochester and Pittsburg Coal and Iron Company, and is a comparatively new shaft, having been open two years. The mine was thought to be free Provisioned for Six Months Saigon, April 28. Admiral Rojestven sky's fleet left Kamranh Bay on Wed nesday evening. Its destination is not Greek, German, Italian, English, Scotch and Chilian nationality, who soon taught their trade to. the inexperienced crews. It may be expected that these foreigners will constitute an Important element of strength in case of a battle. Russians Seize British Steamer London, April 28. Lloyd's agent at Calcutta telegraphs that the Russians have captured off the Annamese coast the British steamer Beatrice, laden with a cargo for Japan. Total Japanese Lost Tokio, April 28 Ex-Prime Minister Okuma, addressing the committee of the progressive party appointed to aid the wounded, said that the Japanese wounded and sick since the beginning1 of the war numbered between 200,000 and 300,000. The deaths in action and from disease numbered 50,000. He warned the public that the prolongation of the war was to be expected. from dangerous gases. The litffit c.h.ft i known. The fleet had a reserve or pro was small, or there would have been j visions sufficient for six months. It is more fatalities. Every man who was1.-! believed the Russians will steer out to in the mine at the time of the explo- the Pacific and make their way towards sion e-ccept one was killed. The men j Vladivostok. Admiral Niebogatoffs were English speaking and resided at squadron was expected to arrive in In- Eleanora, a small mining village two i do-Chinese waters yesteraay. miles from the shaft. Asheville' s Police Court Law Deemed Unconstitutional Asheville, N. C, April 28. Special. Judge Neal this afternoon decided that the new city police court law giv ing the police justice of Asheville jurisdiction over all misdemeanor The appearance or KojestvensKys fleet of 52 ships excited general admir ation. """' ' " ' ' cases, was unconstitutional. An ap-j peal will be taken to the supreme court immediately and the law tested before the higher court. Foreign Officers on Fleet Paris, April 28. The .St.-Petersburg' correspondent of The Matin says that an engineer just returned from Mada gascar declares that the Russian fleet arrived there in bad condition. I The Russians repaired the boilers and ma- chinery. The personnel oi me uwi The law is similar to the one now in ! increased by a large number of former fori- in' Raleigh, jcommisaiened and petty officer ejLbe raorted. WHY HE FAILED 10 HELP R00SEVELTS YACHT New York, April 28. Because he con sidered the yacht in no immediate dan ger, lad a perishable cargo which would make any delay on his part dan gerous, and had no towing gear, are the reasons given by Captain Holville of the fruit steamer Oteri, for his failure to go to the assistance of President Roosevelf s yacht Sylph when she was lying in a disabled condition. The-Oterl arrived here today from Banes, Cuba, and for the first time since the inci dent Captain Holville had an oppor tunity to give his version of the af fair. - Dense F6 Off Gapes Norfolk, Vai, April 28. Dense fog last night and today outside , the Vir ginia capes ImperiaJled navigation and delayed vessels. There was great an xiety for the steamship Jamestown of the OJd Dominion Line from New York, but she arrived here tonight, eight hours late. No. accidents have i