Fall Leased "Wire Service of the Associated Pruss. Leads all North Carolina Afternoon Papers in Circulation. LAST EDITION. ALL THE MARKET THE RALEIGH EVENING TIMES 6 VOLUME 27. RALEIGH, N. C., FRIDAY, DECEMBER 14, 1906. PRICE 5c. BARNHILL ACQUITTED IN THE FEDERAL COURT i AFTER BITTER FIGHT All the Evidence Was In a Few Minutes After Twelve ' hy SHORT SPEECHES IT THE ATTORNEYS The Case Has Been Watched With Much Interest A Large Xnmbc of Witnesses Were Examined' Klder Barnhill Well Known in Pitt County Rlggsbee Case Has Not Yet Been Called, But Will Prob bly Be Reached the First Thing Saturday This Term of Federal Court Has Been a Busy One. After being out about five minutes the jury in the ease in which 'Elde Thomas H. Barnhill of Pitt county was "charged with retailing, removing and concealing, came tnto the court room and returned a verdict of not guilty. was expected that tlie jurors would get their dinner before talking over the matter, but their minds seemed to have been made up when the case was giver to them. Judge Purnell instructed the clerk to notify him when they reached a verdict; but it was not necessary f he had scarcely got out of the cour room. The case has been a hard fought one and was watched with much interest It was about 2 o'clock when the Jury wus given the Barnhill case, and at one time this morning it looked very much like it would not be flnlshe'd to day, but Judge Purnell announced that jf the attorneys took too much time in examining witnesses it would be taken from the time allowed them in address ing the jury, as he intended to give the case to the jury before adjournment of court, at 2 p. m. today. It was around the hour of 12 when the last witness left the stand and the attorneys on each side were given three quarters of an hour in which to address the jury This was a shorter time than la usual ly consumed In cases of this Import ance, but It was done so as the case would nijt have to go over until tomor row. Several witnesses were put on this morning by the defense, but nothing-of Interest was brought out. All who were asked as to the character of El der Barnhill said his reputation wus good and they knew nothing against him. Two or three of the witnesses on the stand for the prosecution yesterday were recalled and also several charao tcr witnesses. Among the witnesses of the prosecution was one J. L. Mpore, who had talked with different parties in regard to the white-capping and also other matters connected with the case, Lein James, witness said, made the statement that he could not damage El der BarnhiU's pocket-book but he could damage his character with the facts he knew about his being engaged in the whiskey business. Mr. Moore said he told Elder Barnhill about the conver satlon and he requested that he' get James to make the statement in writ ing. '"Whin, James was approached in regard to the matter, witness stated that he said if "Eider Barnhill wanted him td make a statement he would do so, if t3ie elder would go with him to Cot. Skinner's office. Elder Barnhill could not go at thti time, he sald.- On cross-examination the witness was very amusing and one little remark caused such a titter over the court room that the marshal had to rap for order. Even his honor could not re frain from smiling. Mr. J. L. Fleming, one of. Elder BarnhiU's attorneys, asked the witness if he didn't like to take a drink occasionally, and his re ply wus, "Yes, sir," 'I do like a drink occasionally, but I had not taken one In some time until I took a toddle with you just before coming up here." Mr. J. A. Manning was next put on the stand. "Mr. J. A. Manning now state If Mr. Tom Barnhill was present and helped to white cap you," asked the district attorney. "A tall man with" black mustache caught me and thre me backwards and placed his hand over my mouth. I said that night it was-Elder Barnhill." Mr. Pou objected to witness answering above question, but the objection was overruled. Several character witnesses were put on the stand by each side this morning and It v as very amusing to hear them testify as to the character of their neighbors. It seemed to depend very much on which faction they sided with whe telling of the character of the dif ferent witnesses that had been on the stand, one man gave so many In his neighborhood a-bad character thaUIr. Fleming wanted to know of him If there was any one in the neighborhood who bore a good character. Mr. Solomon Jones said up to a year and a half ago he had never heard any thing detrimental to the character of Thomas Barnhill, but about that time he heard of his drinking, arid recently had heard it reported that he had oeen engaged In the whiskey business. Mr. Jones wa3 recently ejected to the leglrlature from Pitt county drift It was brought out that Elder Barnhill op posed him. He was the last witness on the stand, and when the evidence was concluded it was 12 o'clock. Rlggsbee Case Not Yet Called. The Durham attorneys of Rlggsbee were heer again today, but the case was not reached and It looks like It will be taken up th? first thfng in the morning. It was predicted in The Ev ening Times yesterday that the Barnhill case would consume all of today and It would not have been concluded If the attorneys had not been limited to such a short time In addressing the Jury. W. T. Rlggsbee was In court again to day. is still irregular, but there Is no in crease of phlegm in the lungs. The patient's general condition is fairly satisfactory. "Bulletins will be published here after twice daily at 11a. m. and 9 p. m." Crown Prince Gustaf arrived here today from Berlin and asumed the regency which he will hold during his father's illness. The official bulletin had the effect of reassuring the public, but the hopefulness it created was somewhat shaken when it leaked out in the course of the afternoon' that camphor and digitalis had been freely used in the treatment of the patient. The impression is gaining ground that the king's condition is much more serious than represented by the bulletin. DRIVEN FROM HOMES BY INCENDIARY FIRE FOR FAILURE TO COMPLY WITH THE MARRIAGE LAW. (By the Associated Press.) Burlington, Vt., Dec. 14. Young men of this city wno nave taken wives outside the state in the last two years are alleged to have neg lected to comply with a certain pro vision of the eVrmont statues, and are. therefore liable to a fine of $10 each. City Clerk M. D. McMahon has compiled a list of bridegrooms who have come back here to reside after the honeymoon, and has sent out notices calling attention to their delinquency. The Vermont statue covering the matter reads: "If a male resident of this state is married without the st,atc he shall, within sixty days, deposit with the clerk of the town or city where he resides, a certificate embracing the statistics required by law in marri age certificates, ana upon failure to do so, he shall be fined not less than ten dollars." EPISCOPALIANS OUT OK THIS CAMPAIGN. (By the Associated Press.) Norfolk, Va., Dee. 14. It developed here today that the Episcopalians, as a denomination, have withdrawn com pletely from the proposed inter-denom national evangelistic campaign to bo conducted hereabouts during the Jamestown Exposition period next year A meeting of the Virginia state Bap tist. Presbyterian and Methodist com mittees in this matter has been called for December 28, when the local com mittees of these denominations will dis cuss with tile state representatives the situation as presented by the with drawal of the Episcopalians. The evan gelistic campaign, it is estimated, will cost $10,000 for the eight months of the exposition, and the Episcopalians were being relied upon to assist liberally in this expense. It is stated for the Epis copalians that their withdrawal was be cause of no disinclination to co-operate but because of the rather unsettled con ditions in two of the leading Episcopal churches here, and further because it was not regarded that there waa such need for the evangelistic campaign as some thought. . . . (By the Associated Press.) Chicago, Dec. 14. Fire probably of incendiary origin destroyed the Charles H. Mears & Co. lumber yard at Racine avenue and Fletcher street last night, drove several families from their homes and caused $50,000 damages. The blaze originated in the rear of the yards, far from any stoves, elec trie wire3 or other agencies that might have caused an accidental fire It spread to adjoining piles of Hun ber in spite of the falling rain and water-soaked condition of the lum ber, leading the police to believe the lumber was soaked with kerosene and other combustible oils. ROOSEVELT TO ASK FOR SUBSIDY Will Send Special Message fo Congress LINES OVER EQUATOR Wishes to Provide for Several to South American Ports Desires to Correct False Impression That May Have Been Produced in House By His Annual Message. PAY IN ADVANCE RATES ON PERISHABLE GOODS. (By the Asspclated Press.) Pittsburg, Pa., D.ec. 14. The Balti more & onto itaiiroan uompany yes terday notified the commission men In this vicinity that hereafter they must pay in advance all freight rates on per ishable goods,',.1 - 1 . .The dealers In '-this ' class of goods feim the' tiemarta is unfair and pt a meeting to be' held here next month by the Pittsburg branch of the National Association of Commerce an appeal will be made to the Interstate Com merce Commission for some relief. The Baltimore & Ohio Is the only pan ose! In Pittsburg that has taken any such action so far, butit is said sim ilar demands will be made by every road in the central territory In accord- U ance with a ruling of the Central Freight Traffic Association at a recent meeting in Chicago. (By the Associated Press.) Washington, Dee. 11. That President Roosevelt will send to congress a special message advocating the passage of a ship-subsidy measure at the pres ent session was stated by several mem here of the house today. It was said that the president had declared that the recommendation in his annual message was misunderstood. In that message he said that if it were found inexpedient to pass the senate bill a measure should be passed to provide for a few lines to South American ports. He did not mean to minimize the importance of other features of the bill. It is said, and now purposes to correct any false im pression that may have been gained by the house. The house committee on merchant marine and fisheries will meet on January 7 and it is believed the pres Ident will further communicate his wishes to the house before that meet ing. No decision as to the committee's at titude on ship-subsidy was reached at the caucus of the republican members of the house committee on merchant marine and fisheries held today. After discussing the amended Gallingc bill the republicans took no action but de cided to call a meeting of the commit tee for January 7. when a vote of the entire committee will be taken on the measure. To Increase Salaries. Representative Littaeur of New York today offered thef following amendment to the legislative, execu tive and judicial appropriation bill under consideration in the house: "On and after March 4, 1907, the compensation of the speaker of the house of representatives and vice president of, the United States be at the rate of. $12,000 each." (Continued on Page Seven. i BOILER BURSTS THE BANQUET OF THE MERCHANTS Nearly a Hundred Around Board at Raleigh Cafe FUN AND SERIOUS TALK The Affair a Huge Success- i From Every Standpoint The Telephone Recommendations Major .las. I. Johnson Tpaatmaslvi A Number of Impromptu Speeches Pull To gether the Keynote. Merchants' il the Ral- Thc banquet of Th Association last night eigh Cafe was a huge every standpoint. There was a larger attendance than at any previous oc casion of its kind, the arrangements were all carried out to perfection. ute to the Merchants' Association in this connection and eloquently refer red to J.he Woman's Club by- saying that its work for the social, moral, Intellectual progress of the city was worthy of emulation by the men. Co-operation until Raleigh, becomes the pride and joy of the state was what he urged. . R. W. Simpson, Jr., editor of The Raleigh Evening Times, had been as signed the toast "Advertising Ral eigh," but the toastmaster read a let ter from him expressing his regret that a business engagement had call ed him out of the city.- S. L. Rotter city editor of the Times, was called on to respond to tne toast, ana in a few extempore remarks mentioned that the city was already deeply in debted to the Merchants' Association and on the subject o. advertising spoke of the negative side of the proposition, saying that one of the best ways a newspaper could adver tise a town was not to knock it if anything went wrong, not to adver tise to the world the shortcomings of a place, but rather help to better them without publicity. W. W. Robards, president of the Industrial Club, speaking on "Build ing Home Enterprises," strongly uccess from I urged the patronizing of home indus tries, the stopping of the mail-order business that is all too large. He showed that new enterprises might be brought here by a joining of the the menu was all that mail could do-1 forces now building up the city. He sire, the aesthetic side was duly re- called attention to the amount of garded in the beautiful decorations! capital in the city and the ability to INCREASE ANO NEEBS OF NAVY HARD BUT VAIN THE STRUGGLE One Hundred and Seventy Seven Ships in 1908 MAGAZINES TOO SMALL Mason Recommends Thut an Ammu nition Ship Should .Acrqmpnpy Each Fleet The Government's Smokeless Powder Factory at In dian ( Had New Turret Mounts. The Decisions Anger Wal thour and Bedell LEAD TWICE IN SIGHT 111 One Case the Spectators Thought They Had Lapped Stol and Geor get, Bnt the Score Showed No Change in the Relative Positions of the Riders. HE CONDITION OF KING OSCAR. AND KILLS TWO (By the Associated Press.) Stockholm, "Sweden, Dec. 14. King OBcar's condition today shows considerable improvement. Towards noon the following guard ed official bulletin was issued: "King Oscar passed ,a quiet night (Special to The Evening Times.) Ashevllle, N. C, Dec. 14 A boiler explosion yesterday afternoon at Ed neyville, fifteen miles from Henderson vllle, resulted in the instant death of W. A. Smith, owner of the mill, and J. F. Jackson, an employe. Smith had discharged his fireman the day before, and was attempting to man. tie siepi six nours, oniy cougueo a th. pn.,nmnm whn . Biitt.ea little, and his temperature this morn- t00 much steam In the boiler and the ing was 1 00.9 Fahrenheit. His pulse explosion followed. A of the handsome dining-room of the new cafo, which was studded and decorated as to ceiling with hundreds oi incandescent lights and flags and adorned as to table with roses, ferns, palms and other flowers, and the: speeches were simply loaded down with wit and good sense. Music, dispensed by Lavin's orchestra while j the knives and forks were in play,! was a goodly factor in the enjoyment! of the entire affair. The committee in charge of the banquet, J. M. Norwood, J. H. llob- bins and Sherwood Hlgs, together with the proprietors of the new cafo, deserve all the nice things that were said about the .least last night. The members anil their guests as sembled In the rooms of the associa tion between halHnast eight and nine o'clock and proceeded in a body, and a rather formidable one it was as to size, nearly a hundred, to the scene of the feast under the Capital Club, headed by President T. W. Dobbin and Mayor J antes f. Johnson. Mayor Johnson was the toastmaster, and happily, wittily he tilled the place, ready, dignified and easy. President Dobbin called on ex- Senator N. 1!. U rough ton to ask a blessing. The set toasts were called for by the toastmaster in the inter vals between courses, and then there were several impromptu speeches, it was after one o'clock this morning before the festive night was over. The menu that was discussed fol lows: Celery Blue Points Olives Consomme Royal Kennebec Salmon Hollandaise Potatoes, Natural Roast Young Turkey and Cranberry Sauce Duchess Potatoes French Peas St. Julian Punch Quail on Toast , Chicken Salad Neopolltan Ice Cream and Assorted Cakes Edam Cheese Coffee jk Cigars and Cigarettes W The Talks. Col. P. A. Olds, secretary of the Raleigh Chamber of Commerce, was the first speaker. His subject was How Raleigh Ought to Be Boomed.'.' Things in this world were either brickbats or bouquets, said Col. Olds, and he told how they were thrown at Raleigh, sometimes the one and then again the other, all in a humorous and happy vein. He seri ously called attention to what some Other towns were doing and what Raleigh should do. The motto of Raleigh should be, he declared, 'Every man for Raleigh and God for us all." M. Ashby Lambert, attorney for the Merchants' Association, had the subect "Collections assigned to him. As between bouquets and brickbats, he said all present knew what he generally got. In a practical, com mon sense talk full of force he took the ground that the credit system of Raleigh Is too lax. He told an anec dote of the generosity of a Raleigh merchant in a deserving case, mak ing the point that they want only what is due and that there Is a spirit of generosity among them. President Joseph G. Brown of the Chamber of Commerce had the sub Ject "Co-operative Efforts," which he handled in bis usual eloquent, pol ished way. He frankly called atten tion to some shortcomings on the part of Raleigh citizens and brought (Continued on Page 8.) SHAW GIVES HIS CURRENCY PLAN Doesn't Think the Bankers' Scheme Will Do POINTS OF WEAKNESS He Favors a High-taxed Credit Cur rency. Suggesting Five Per Cent Rate, and Emphasizes the Need for Great Elasticity in the Currency at All Times. (By the Associated Press.) Washington, Dec. 14. Secretary Shaw appeared before the house com mitt.ee on banking and currency to day in advocacy of a high-taxed credit. currency, suggesting five per cent as a desirable rale. He emphasized the need for great elasticity in currency, but expressed the opinion that the plan framed by the American Bank ers' Association will not bring about sufficient elasticity to be very useful. Granting that the bankers' plan re sults in the issuance of $200,000,000 additional in national bank notes, Mr. Shaw said that in his opinion not more than $20,000,000 worth of these will be redeemed. Mr. Shaw thought the bankers' plan is wholly inadequate to meet the requirements of the commercial world, and said it was encumbered with too much machinery for the lim ited good results he feels it. capable of accomplishing. He said he did not want to be regarded as an oppo nent of the measure suggested by the bankers, because he felt that any step toward relieving the demand for greater elasticity at. certain seasons of the year was desirable, but he urged that the committee Strive to frame a more effective measure. It was urged by the secretary that an effort should be made to make all our currency more elastic rather than to impart elasticity to a certain amount of emergency currency. Under the bankers' plan, he said, only the credit currency which goes itio national banks would be on its way to redemption. There would be no reason why private banks should seek the redemption of national bank notes, and consequently they would make no effort to do so. out the idea that the same spirit of co-operation that had built up the nation could be applied with the greatest results to committees. Mr. Brown urged that all work together for Raleigh's good, and paid a trib- 400 ARE ILL WITH TYPHOID Pittsburg, Pa., Dec. 14. Owing to the crowded condition of all the hos pitals throughout the city the bureau of health authorities have been com pelled to place typhoid fever patients in the municipal hospital. It is estimated that at least four hundred persons are ill with typhoid fever in iPttsburg alone. With Alle gheny and the boroughs of Alle gheny county, this number is about doubled. (By the Associated Press.1) Washington, Dec. 14. Declaring that in the design of vessels of the battle fleet the space and weight as signed to ammunition has been so restricted that the ammunition on board, under certain conditions of battle, would be expended in less than hour, Rear Admiral N. F. Ma son, chief of the bureau of ordnance, in his annual report, urges the build ing of two vessels of considerable size, one on the Atlantic and one on the Pacific coast, devoted exclusively to the carriage of ammunition, and he states that ultimately there should be one of these vessels with each fleet. They should be so fitted with appliances for assembling and break ing down ammunition that they might serve to as great a degree as possible as floating magazines. The lessons drawn from the war with Spain, Admiral Mason says, lead him to recommend also the equipping of an auxiliary vessel for use as a machine shop and store vessel with the fleet. In explaining his estimates for a considerably increased appropriation for target practice, Admiral Mason calls attention to the fact that he anticipates there will be in full or partial commission during the fiscal year 190N twenty-four battleships, twelve first-class cruisers, sixty-six second and third-rate vessels, sixty torpedo boats and fifteen auxiliaries, making a total of one hundred and seventy-seven vessels. This, he says, represents an increase of thirty-eight vessels over the present fiscal year. Xew Designs. A marked departure from all pre vious designs, Admiral Mason says, is represented in the turret mounts for the 12-inch guns of the South Carolina and the Michigan, which, it is stated, will operate to increase the rapidity of fire. A new type of turret sight has been developed for installation in these two ships, and it is stated that a new type of sight for broadside guns is in a preliminary stage of design, this being likewise a marked departure from existing models. Especial attention is called to the batteries of the Iowa, Brooklyn and other vessels, and Admiral Mason says that unless they are equipped with modern guns, mounts and sights they can no longer be considered ef ficient vessels and fit for service. Considerable attention is paid to the government smokeless powder factory at Indian Head, Md., the out put of which the last year is stated to have been 1,001,699 pounds. With the completion of the sulphuric acid plant there, it is believed that in the near future the government will be entirely independent of outside sources for the supply of mixed acids. As the result of experiments, a new three-inch gun, semi-automatic, will be placed aboard all future ships. ROOSEVELT'S ACT IS COMMENDED. (By the Associated Press.) Kansas City, Mo., Dec. 14. Camp Louis A. Craig, Ann of the Philip pines, last night endorsed President Roosevelt's order discharging, with out honor, the negro troops of the Twenty-fifth infantry. Resolutions adopted commended the action of the piesident in "his fearless and com mendable stand, regardless of politi cal lines and consequences." THE DAUGHTERS WILL REPRODUCE BEAUVOIR. (By the Associated Press.) New York, Dec. 14. The contestants iii the six day bicycle race were grind ing out laps In a mechanical manner at 7 a. m. today after an eventful night. The positions, however, were unchang ed, according to the scorers, although many of the spectators believed Stol and Georget had been lapped after a sensa tional sprint at 3 p. m. This spurt, as have been so many during the race, was started by the Walthour-Bedell tean., It was the longest of any that has yet occurred, lasting sixteen minutes. Walthour and Bedell smarting under a decision rendered an hour earlier, when a spill robbed them of a lap that they had nearly won, started out at a pace that kept the spectators in a con tinual roar of cheers and excitement. Relieving each other at every few laps, Walthour and Bedell gept going at their best pace and forced the other riders to call on their partners for help anu relief. Leon Georget and Stol, whose part ners had been hurt in the spill at 2 a. in., were the only riders who could not get relief, and they had to bear the brunt of the fight for their teams. It was thought they had lost a lap when the sprint after sixteen minutes was suspended. The score, however, when it was hung out at 4 o'clock showed no change. Bedell and Walthour are in good shape, and they have promised to make the race interesting for the others be fore the day is out. They protested earnestly early today when Just as they seemed again to gain a lap, Fogler fell, making a spill and causing the red flag to be hung out, which Indicated that the Walthour-Bedell gain would not count. The riders claimed that the fall was de signed in order to block their gain, and for a time they refused to ride again until something was done. They were eventually appeased, and the race which had been delayed an hour, was re sumed. The score of the nine leading teams at 7 a. m. was 1,723 miles and six laps; that of Walthour and Bedell and Brere ton and Samuelson was one lap less; that of Galvln and Wiley 1,723 miles and 3 laps. This was 273 miles below the record for the same number of hours. Protest From Riders. An organized movement in which nearly all of the riders joined as a pro test against the rulings of the judges in refusing to mark up the laps which some of the riders declare were fairly won, was begun today. The men de clare that they have been unfalily treated and they will do no more real work until the management makes some arrangement by which their ef forts will be properly recognized and their gains recorded. Soon after this agreement was reached among the men the pace decreased to the minimum. Arm in arm, members of rival teams pedaled slowly along reading the morn ing papers and Joking with one another. The score at 1 p. m. was for the nine leading teams, 1,790 miles and 4 laps; Walthough and Bedell and Breton and Samuelson were one lap behind and Galvin and Wiley 3 laps. The record for that hour was 2,105 miles, 7 laps, made by Miller and Waller in 1S99. ALL BUSINESS WELL MAINTAINED. (By the Associated Press.) Norfolk. Va., Dec. 14. The contract for the building to be erected at the Jamestown exposition by the Daughters of the Confederac y all over the country has been awarded to C. B. Moore at $5,000. The building will be a reproduction of "Bcauvolr," the home of Jefferson Davis, president of the Confederacy at Gulfport, Miss. The building Is to be completed by the opening of the expo sition In April. (By the Associated Press.) New York, Dec. 14. Dispatches to Dun's Review indicate that even with the great rush of holiday trade, gen eral business is well maintained and manufacturing activity is at a high point. The bank clearings still show a large volume of settlements through the banks at nearly every city in the United States than In December last year or the year before, though trade was exceptionally active in both pre ceding years. A small loss at New York City due to a greatly reduced volume of settlements through the banks on account of stock market operations causes a small loss in the aggregate of bank clearings and total exchanges this week at all lead ing cltios in the United States are $3,045,84", 886; .2 pr cent less than last year, but 2.4 per cent larger than in the corresponding week of 1904.

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