Full Leased Wire Service of the Associated Press. Tieads all North Carolina Afternoon Papers in Circulation, LAST EDITION. ALL THE MARKETS, THE BALEIGH EVENING TIMES. VOLUME 27. RALEIGH; N. C, FRIDAY, MAY 25, 1906. PRICE 5c. FOWLER KILLED TODAY Crushed to Death by Shifter in Freight Yards NO WITNESSES SAW IT While Dodging Passenger Train the Theory Is That She Got Frightened and Palled to S Other Engine Had Hoen Repeatedly Warned to ' Keep Out of the Yards. The body of Bertha Fowler, a fifteen-year-old white girl, was found on a Hide-track of the Southern freight yards here early this morning, mangled In a most revolting manner. Her limbs and body to the shoulders were crushed and horribly ground. No one, so far as has yet been as certained, saw the accident In which the child met her death, but It Is con ceded that she was struck by a yard engine In charge of Kngincer A. F. Fowler and Conductor Myers who came lo Raleigh recently from Oroensboro. The body was found by a trainman engaged In coupling cars for the shifter. Tl(n cl.ili.mnnfa nf imtll TCnirincrr Fowler and Conductor Myers of the shifter are to the effect that about 5:E0 lllis morning as they were (lifting cars on the network of eight or more tracks just above tho freight depot and just south of the oil mill they saw passenger train No. 10S, Greensboro to (ioldsboro, coming down the track from the water tank, having already been into the union station and started on lis run to fioldsboro: that the passen ger train slowed down apparent y for .some one to cross the track in front of it. Conductor . Myers of the shifter says he went around his cars to see what the trouble was, but could see nothing. The passenger train moved on and passed out of the yards on th: run to fioldsboro, and the shifting" train moved on down the siding. As thoy came back Conductor Myers and the trainman were adjusting a ear coupler when tho 1 trainman saw th ' body of the child and called the at tention of tho Conductor Myers to it. The theory Is that the child pasted across the truck In front of the pas senger train, and being excited or "rat tled", in her efforts to get oqt of the way of this train she ran light onto the track down which the shifter was pussing. She dashed right between tlie moving cars, as no one of the train crew saw her. Night Watchman Busbee wp.s called ! up b.v Engineer Fowler and told of the accident. He made such Investigation as lie could. He said he had seen the child dossing the track early morn ings f here often and had warned her time and again that It .was dangerous si ml against the rules, but tli:it ho did not know what her name was, only that she worked at the RakV.sh Knit ting Mill. A 'Mr.-' Morris who lives nearby and also worked at this mill was sent for by the night watchman and identified the body as that of Bertha Fowler, daughter of Will Fowler, who lives in the field near the Boylau Spring. A messenger was sent to notify the family, and the father and other rel atives were soon on the scene. In fact, finite a crowd gathered beforo arrange-' menls were made for the remains to be removed to the undertaking establish ment of Mr. John Brown. An aunt of the child told Mr. Mc Itury, keeper of the city market, as (lie crowd gathered about the body f the child, that r.he was not surprised to hear of her death as she had been warned time and again not to go that way to her work and to keep oft the side-tracks. Dumage Suit Preliminaries. Will Fowler, the unfortunate girl's father, was greatly distressed when In formed of the death of his daughter and Insisted that there must be somo criminal carelessness on the part of somebody, and before ft o'clock this morning he, had retained Col. J. C. L. Harris as counsel, and the latter had visited the scene of the accident and made an Investigation of the conditions w ith a view of Instituting suit against the railroad company. To a reporter of the Evening Times Col. Harris said that he was ?atisflcd thai the railroad company was negli gent III that he could not find that there we.ro any . "look-outs" on the shifter to warn anyone who might be crossing tho tracks. He said that the girl in order to cross the yards Vo reach the factory where she worked bad lo walk around a long lino of freight cars on one siding, und Ju?t beyond this wus a pile of wood which further obstructed her view of tho tracks. The upproaeh of the passen ger Iruln startled her and alio rushed eits8 the main line onto an adjacent, siding where the ( Bhlfter was ap proaching. Here, he suld, is where thf; railroad company was negligent; thst there should have been some one on tho shifter and cars to look out. for anyone crossing the yard, and so far as he could ascertain there was no one. At the Instance of Col. Harris Mr. (Continued on Pago Seven.) BERTHA THE OHIO MINE JIOTS Wild Rumors of Trouble Not Confirmed Non-l'nloii Men Returned To Work Tills . Morning At Plum Run Mine Without a Clash With Strikers. No Killing Occurred Last Night. (By the Associated Press.) Smlthfleld, 0 May 25. A night of constant alarms and wild rumors at the Plum Run mine was followed by a day of apparent peace. Reports after nightfall yesterday that 27 men had been shot at the Plum Run mine, that an attempt had been made to blow tip the coal tip ple, that a strike breaker was shot as he emerged from the pit entrance, that the strikers were drinking and gathering for an attack, have dwin dled with the dawn of today to a bit of desultory shooting In the hills. The source of these shots the union officials are trying to learn as they publicly discountenance all violence on the part of their men. - A volley was fired from the hol low east of the tipple about 9 o'clock last night. One of the big search lights was turned that way, but the men with the guns were successfully concealed. . Work was ''resumed this morning without mishap. The non union men entered tho pits early before the strikers were astir. A squad of 30 or so new miners and an equal number of guards were put to work. The force of guards will be rapidly In creased and it Is announced that the full working force of the mine will be recruited as rapidly as possible among non union men. Sueriff Vorhees with throe deputies was summoned to Plum Run last night by the company's officers in ex pectation of, an attack. The camp was comparatively quiet and he re turned over the twenty mile hill roads to Steubenville before morning. AGAINST V.-C. CO. (Bv the Associated Press.) Xashvlile, Tciui., May 25. The. grard jury of the United States circuit court which has been investigating the al leged fertilizer trust for the past four weeks, today returned an indictment against about eighty fertilizer manu facturers, ' Including .-4 number, of local men. The indictment contains six counts, detailing in specific form al leged violations of the ar.tl-trust laws and charging the defendants with com bining and belr.g engaged in a trust or combination.' .'The defendants live in various parts of the country where fer tilizers are manufactured and certified copies of the indictment will be fent lo the various districts .in which the defendants reside and there served. The defendants will be required to exe cute bonds for their appearance at the October term of the, court In this city, when the cases are to be tried. The grand jury examined during the In vestigation 140 witnesses, and the In dictment returned Is a voluminous doc ument. - REDUCED RATES IN REFRIGERATOR CARS (By the Associated Press.) ' San Francisco, Cal., May 25. The Southern Pacific and Santa Fe and the Armour & Santa Fe Refrigerator car lines have announced a considerable re duction In refrigerator or icing rates on green fruit shipments from California points to Chicago and New York for the deciduous fruit shipping seaaon which has just opened. Orchardists and railroad fruit peo ple state that the green fruit shipments east this season will be very large and give promise of amounting to 7,000 car loads including heavy consignments of grapes during the late summer a'.id fall months they estimute tho aggregate value of these shipments at something like $12,000,001) or $14,000,000. There are still five thousand ears of oranges to be shipped east, while tho number al-, ready forwarded amount to $25,000. r These thirty thousand cars rcpresolit 10,560,000 boxes and the railroad people say these shipments will average three dollars a box, or a total of $31,680,000 for the season. Bl ISXESS OITLOOK GOOD, SAYS DUN'S. New York, May 25. Dispatches to Dun's Review Indicate that business activity is maintained aid the outlook Is moat encouraging. Bank exchanged this week at all leading cities In the United States are $2,381,653,672, a decrease of 3.3 per cent compared with last year, INDICTMENTS SENSATION SOUTH CAROLINA Dispensary Folk Threaten to Shoot Witnesses APPEAL TO GOVERNOR Members Of Investigating Committee Say That Major Black and H. H. Evans Would Kill Persons Who Questioned Their Honesty. "(lo Arm Yourself" Says Bla'ck. (Special to The Evening Times.) Columbia, 8. C, May 25. There was a sensation here this morning in the proceedings of the committee which is investigating the state dis pensary. The sub-committee which has been doing all of the work con sists of J. Frascr Lyon and Neils Chrlstensen. They have proved pot ty grafts and nauseous scandals in local dispensaries and this morning had started on the directors of tho state dispensary. Mr. Lyon while on his way to committee meeting, was accosted by Maj. John Black, a mem ber of the new board who, in com pany with another, abused Mr. Lyon and threatened his life and told him to go arm himself. Senator Chrlstensen then arose and told that H. H. Evans, .former chair man of the board had threatened to kill witnesses on the stand if they should testify against him. ; . The entire committee, after con sidering the matter in executive ses sion, decided to place the matter in the hands of Governor Hey ward as he alone can removed from office a dispensary official. ..':'' Tho Investigation of the dispensaiy under direction of the general assembly began last 'summer and startling facts have come forth so rapidly tnat. tne public mind has been dulled so far as other and greater ones were concerned. Mr. Chrlstensen, senator from Beaufort county, ad Mr. Jyon of the lower house from Abbeville, have acted as quasl-prosecutors and it was through their efforts that the more sensational evidence was laid bare. There has been much bitter feeling and the culmination today will hardly create surprise. At the last meeting of the legislature Evans was defeated and Black suc ceeded him on the board, which has charge of all liquor purchases for the state dispensary. Heifetofore there have been many hints of graft, but no outspoken charges about one man or the other having profited by his posi tion. The whole system, however, is honeycombed with graft and the reve lations were so scandalous that more than a score of counties voted out the dispensary, thereby being forced to pay higher taxes in order to be free of tho common evil. Both Lyon and Chrlstensen have been fearless In their work of unearthing scandal and fraud and at the first meeting last summer epithets were hurled and pistols were expected to flash in the court room. When the su preme court was recently called upon to decide the right of the committee to demand the papers of a dispenser, a special detail of police was placed In the chamber in order to prevent blood shed. - Senator Tillman, who still fathers tho dispensary, has declared that it must do purified or killed, but many counties have killed it, believing that it is too rotten to be cleaned. : PRES. CASSATT ON WAY HOME. Ky the Associated Press.) : 'Philadelphia. Pa., May 2:,. An nouncement was made at the Pennsyl vania Itallroad office in this city today thut President Cassalt sailed for home from Cherbourg,' France, this mornlnr. Mr. Casaatt went abroad for a holi day trip on May !). It is believed that the revelations made before the inter state commerce commission are respon sible for Mr. Cassntfs sudden change of plans. He Is expected to rriich this country Saturday, June 2. : PERSONALITIES IX THE HOISE TODAY. (By the Associated Press.) Washington, May ,25.-VTho cxpre.su company amendment to the rate bill was the cause of personalities in the house today between Mr. .Cooper (Wis.) and Mr. Hepburn (Iowa). Mr. Cooper alleged that he was Informed that Botrc of tho conferees would vote to strike out the express company amendment to the rate bill. He refused to give his Informant. Mr. Hepburn said he had no patience with these statements and that thoy were misstatement. Mr. Cooper Intimated Inforentially that Mr. Hepburn was one of those to whom his informant' had reference. Mr. Hepburn characteriied Mr. Cooper's statement nn false. DEATH CLAIMS REV. T. J. GATTIS End Came Early Today After a Lingering Illness PREACHED MANY YEARS Mr. Uuttis Was Pluinliir in the Ken Rational Damage Suit Aguinst President Kilgo of Trinity Col lege, Recently Decided By the Su preme Court Had Relatives Here. Rev. T. J. Gattis, the Methodist minister, who was the plaintiff in the sensational suit against Dr. John C. Kilgo, president of Trinity College, Durham, died today iu Charlotte, where he had been residing for some time. The death of Mr. Gattis occurred this morning at 8 o'clock. He had been in declining health for a year and for several months lie had been exceeding ly feeble. For more than thirty ycai"3 Mr. Gattis was a member 'of t lie North Carolina Methodist Conference and w.is placed in charge of numerous circuits and country churches. He was later made colporter and it was while he was engaged in this work that lie opened a bookstore in Durham and there oc curred the incidents which gave rise to his memorable suit against President Kilgo, Odell and Duke of the trustees of Trinity College. The suit was brought in Granville county at Oxford, and twice the plaintiff won. but the supreme court gave tho defendants a new trial. Then the ease was moved to Wr.ke county and tried here last June with the result that Judge Moore held that there was no evidence of malice to go before the jury. The supreme court sustained this decision of the lower court by a vote of two to two, the chief justice not sitting. The deceased was a brother of the late William A. Gattis, a well known citizen of Ualeigh and was an uncle of Maj. Charles H. Gattis of Raleigh. Mrs. W. A. Gattis will leave tonight Tor Charlotte to attend the funeral, which will be held tomorrow. A MONGOLIAN QUAKE Great Loss of Life and Pro perty at Uniankani The Walled City Almost Entirely Destroyed -A Chasm of Several Feet Created Severe Earthquake Shocks Also Reported From Sev eral Other Points. (I!y tin' Associated Press.) Victoria, B.C. May 23. Mail advices from the Orient state that an earth quake causing great loss of life and considerable damage to property oc curred at tho beginning of May at Un- lankani and vicinity In Mongolia. Tho Pekin Times reports that a chasm of several feet wide was caused by the earthquake. The walled city of Unian- kanl was almost completely destroyed, the loss of life being very heavy. Officials at Pekiu had received news of a calamity of exceptional severity and arrangements were being made for the relief of the people in distress. Se vere shocks are also reported from Foklen, province of China, the most de struction being in Chuen. Chou perfect ure, where many buildings were de stroyed; the loss of life was unknown. THE SEABOARD SELLS EQUIPMENT BONDS (By the Associated Press.) Norfolk,. Va., May 25. For tho pur pose of extensively Increasing its roll ing stock the .Seaboard Air Line Rail way way has mid lo .S. D. Lortng, of Boston. $l.".r)0,(10l) five per cent equip ment bonds, dated June 1, 1906. The bonds will mature' serially from one to ten years. The proceeds will lie used iu the pur chase of 437 hex cars. 1.000 gondola cars and In addition the motive power of the mi.d la to be augmented by the purchase of 40 locomotives. SPECIAL COl'RT FOR MeDOWELI. COUNTY, Governor Glenn made an order to day for a special term of McDowell county superior court to be convened, by Judge Fred Moore, June 25, for the trial of civil cases. The court Is or dered at the request of the McDowell commissioners on account of the con gested condition of the docket. iii, P TODAY A Frozen-Out Operator Tells out that Process CASES OF FAVORITISM A Witness Xnincs Some of the Fav ored Ones. But He Did Not Give Away Stock In His Company and Got the Cold Shoulder As His Re ward. Other Testimony. (By the Associated Press.) Philadelphia, Pa., May 25. R. S. Largo, assistant coal freight agent of the Pennsylvania Railroad, was the first witness before the interstate commerce enrnmiKHton tnAav Questioned concerning coal tariffs from the bituminous region to Harsi- mus pier at Jersey City. Counsel for the commission road a clause In the tariff schedule to the effect that the railroad has no facil ities at the pier and asked Mr. Large if that meant that the pier had been leased to tho Berwind-White Coal Company. The witness said he un derstood the land had been leased to the Berwind-White Company. and that the pier had been built by the coal company. He admitted that it was operated by the Berwind-White Com pany and any other company wishing to discharge coal at Harsimus would bo compelled to secure the consent of the Berwind-White Company. He had no knowledge of any other com pany ever having used the pier. Witness was then questioned con cerning allowances made by the Penn sylvania Railroad to coal companies which operated spurs or branch lines from their mines to the main line of tho railroad. He said an allowance of 10 cents a ton was given to the Millwood Coal Company for this ser vice, the Latrobe-Connellsville Coal & Coke Company received an allow ance of 12 cents and the Glen While an allowance of 15 cents for similar service. Attorney Glasgow asked the wit ness if it was not a fact that for twelve years prior to 1902 this allow ance was made to tne L.atoroe-con- nellsville Company when that com pany had no engines of its own and the spur was operated by tho rail road. Mr. Large had no knowledge on Hie subject, but J. G.Searles, general coal freight agent, who was sitting close to the witness told the commission that such was the case and that it was after 1902 when tho railroad learned the coal company had no en gines. F. A. Von Boyneburgh general manager for Reakirt Brothers & Company, mine operators, testified that the business of the company had been practically ruined through ina bility to secure cars. From 4,100 cars in 1901, the supply was reduced gradually to 522 in 1905. The wit ness said that at. one period his com pany was compelled to sell coal that cost $1.48 to produce as low as $1.05 in order to keep the miners at work. The mines, he said, had been oper ated at a loss for the past two years and a half. Ho had complained, he said, to almost, every official of the Pennsylvania Railroad but got no re lief. ' VI believe," said the witness, "that somebody high up gave orders to freeze me out and all of the others simply followed instructions. I be lieve A. J. Cassatt is responsible. I believe through the community of in terest, plan he controls most of tho railroad systems and that plan has worked grevious harm to many ship pers." "Do you believe this policy has been adopted for the purpose of fav oring certain operators?" asked Mr. Glasgow. "Most assuredly. The Berwind- White Company, the Keystone "Coal & Coke Company, D. E. Williams & Company, and others have been fav ored." "Why were you not so favored?" "I suppose because 1 did not give the railroad officials shares of stock in oucompany." .The witness said there was no sys tem of rating. "Any method the rail road saw fit to Introduce It did so," he said. He had written 234 letters to the railroad company asking for relief. D. E. Williams and G. Brinton Roberts of D. E. Williams & Com pany, testified that their company had suffered from car shortage. Mr. Williams said he had never partlc- (Contnued on Page Two.) GREAT ATHLETIC MEET Begins this Afternoon in the Harvard Stadium Largest Event of the Kind Ever Held in This Country About 800 Stu dents From All the Colleges and Universities of the East in Attend anceThe Events to Be Pulled Off. (By the Associated Press.) Boston, Mass., aMy 25. What is expected to prove the largest ath letic meet ever held in this country will begin this afternoon in the sta dium at Harvard, with the trial events in the thirtieth annual cham pionship games of the intercollegiate association of amateur athletes of America. Nearly 800 students from almost all the universities and col leges in the cast will compote in the thirteen events which constitute the meeting. The finals will be held to morrow. Speculation as to what institution would this year carry off the honor occupied tho time of most of the contestants this morning as they gathered in the corridors of many of tho hotels. That the chances of Pennsylvania, Cornell, Harvard and Yale were bettor than any of the other colleges, seemed to Be goner ally acknowldged, but which of the four would be most affected by the strength of the other colleges in some single evont was a debatable question. That second and third places, counting three and two points respectively would also have consid erable bearing on the general result was another matter for considera tion.' ' A number of the athletes went to Cambridge during the morning for a little exercise on the cinder track or in the field. GEO. W.PERKINS IS SET FREE (.By the Associated Press.) New York, May 25. The appellate division of the supreme court today handed down a decision discharging from custody George W. Perkins whom the supreme court had held to await action of the grand jury on a technical charge of grand larceny in connection with the campaign contribution of the New York Life Insurance Company to the republican national committee. Each justice wrote an opinion that Mr. Perkius could not be held guilty of larceny. It is said that Mr. Jorome will car ry the case to the court of appeals. ASSEMBLY ASKS FOR SMOOT'S EXPILSIOX. (By the Associated Press.) Des Moine. Ia., May 25. At.' ' the opening session of the Presbyterian general assembly today Commissioner Samuel Wissard, D.D., of Utah, pre sented a memorial to the Coiled Slates senate praying the removal of Held Smoot as senator from Utah. Amid scenes of great excitement and without a dissenting vote the resolutions wer adopted and ordered Immediately dis patched to Washington. GOVERNOR ACCUSED OF WOMAN'S MURDER (By the Associated Press.) Warsaw, Russian Poland, May 25. Governor Jclinski of Kioicc is sus pected of the murder of a woman named Okoulina, who was found dead in a room with him yesterday. Two shots were heard by the neighbors. Jelinskl declares that the woman commitcd suicide. The local papers have been forbidden to mention the occurrence, which has created a sen sation. - HEPBURN RATE BILL IN THE HOUSE TODAY (By the Associated Press.) Washington, May 25. The bouse committee on rules decided today to report the Hepburn rate bill resolu tion favorably. It provides for non concurrence in the amendments made by the senate and sends the bill to conference. The rate bill was sent to confer ence: yeas 144, nays 105,' present 14. HIGH SCHOOL CLOSED TODAY Judge Winston on Thomas Jefferson Lconita Denmark tieti J. R. Medal and Virginia Pick el the Jr. O. V. A. M. Medal. Scholarships For Margaret McKiinmOn ,' and Ethel Wynne. Tlie Closing Exercises. 1 tr, ' The first term of Ithe1 public high school of Raleigh closed today with suitable exercises, under the direc tion of Superintendent Hugh Morson, in the Centennial school -building. Judge Robert W. Winston of Durham delivered a splendid speech- on "Thomas Jefferson," in which he sought to instil in the minds of the young an appreciation of this great American statesman. The exercises consisted in patriotic and other songs by the girls, under direction of Miss Nina Green, teach er of music, the announcement of honors and distinctions, tho presen tation of medals and the examination of exhibits of the drawing done by the children under the instruction of Miss Slocumb. The other teachers In the high school with Mr. Morson this session were Prof. C. G. Keeblo, Miss Eliza A. Pool, Mrs. J. M. Barbco, Miss Ada Worn bio and Miss Daisy Waitt. Mr. ' Morson V- announced that a scholarship was annually awarded by Peace Institute and St. Mary's to a graduate from the school and the fortunate winners of these scholar ships this year are: St. Mary's Scholarship, Miss Ethel Wynne. Peace Institute Scholarship, Miss Margaret McKimnion. The scholarship medal in the high school presented by Capital City Council of the Junior Order of United American Mechanics has been won by Miss Virginia Picket. This modal will be presented, together with the other medal given by the order, at the school entertainment next Thurs day evening. The Daughters of the Revolution gold medal, given by these patriotic women to the girl pupil in the high school who wrote the best essay on some period of North Carolina colo nial history, was awarded to Miss l.eonita Denmark, daughter of Mr. and Mrs. J. W. Denmark. The medal was presented for the Daughters by Mr. W. J. Peele In a brief and ex ceedingly clever speech, which amused and entertained the young folks. ' A silver medal for drawing was given to some student in each room of the high school as follows: In Mr. Morson's room: Silver med al to McNeely DuBose; honorable mention, Alex. Field, Chas. Walton, W. H. Richardson. Mrs. Barbee's room: Silver medal, Frank Smithurst: honorable mention, Sam Sanders, Walter Dawn. Miss Pool's room: Silver medal, Leonita Denmark; honorable men tion, Rachel Goodno, Virginia Pickel, Nelly Lewis, Sue Thackston, Eliza both Bass, Laura EgertoliV Miss Womble's room?: Silver medal, Marjory Terrell; honorable mention,. Claudia Applewhite, Ruth Ivey. Prof. Keeble's room: Sliver medal, Ransom Gill; honorable, mention, Anizie Ellington, Fleming Sherwood. The address by Judfie Winston held the close attention 6f "Jhls audience. He eulogized Jeffersontor his de struction of the land monopoly in Vir ginia by abolishing entailing real es tate and wiping out the right of primogeniture,1 also for his authorship of religious freedom and his earnest work for. popular education. He-described Jefferson as a silent man with a great mission to fulfil. Judge Winston combatted the notion that Jefferson was an infidel and said that view had been encouraged and the false report circulated by clergymen of the established church because Jef ferson forced a divorcement of church arid state. In closing the speaker mentioned briefly what Jefferson's at titude would be If he was alive now. He would oppose monopolies and cor poration tyranny. Freight rates. Judge Winston declared, were not fair and epuitable now and Lynchburg and Richmond had built P 8reat wholcsalo trade "'; over -' Charlotte, Greensboro. Durham and Raleigh be cause the first two cities were favor itcs with the railroads. : Distinction. j Arithmetic, First Year, First Dis tinction Herman Aiken, Amal El- (Contlntted on Sixth Page.)