' 'I, - f. Only Afternoon Paper Between Richmond and Atlanta With Leased Wire and Full Press Di$RQtpt&q-, LAST EDITION. , ? A ALL THE MAEKET3. THE RALEIGH EVENING TI VOLUME 80. RALEIGH, N. C, TUESDAY, SEPTEMBER 17, 1907. PRICE tC ME THE BIG SUIT AGAINST THE OIL TRUST BEGINS Chief Octopus Enters Upon the Decisive Fight for Its Life UNCLE SAM'S COUNSEL STRIKES FDR THE HEART The Department of Just h o at Last Forces the Standard Oil Company to Trial at New York Object is to Put That Concern put of Busi ness for Violatinx the Sherman Anti-Trust Law Aims at Individ ual Members of te Company Also, ' and Some of Tliofc'j May (Jet Inside of Jail When theKMit is Fin ished Benedict' and Pratt on the Stand Today and What They Swear To. (By Leased Wire to The Times.) New York, Sept. 17. At the open ing of the hearing in the Standard Oil case before Kxamlner Ferris in the federal building this morning there was every indication that a lively session was to be expected. Frank 11. Kellogg, special counsel for the government, had subpoenaed over twenty witnesses from th ranks of well known men of affairs, includ ing nearly the whole directorate of the Standard Oil Company and it was evident that he intended to waste no finio in preliminary inves tigation but would go straight to the point of getting the information he wanted. : Those-who remembered his examination of witnesses in the Har rtnian inquisition looked forward with uncommon interest to the ques tions ho would ask of Archbold and Pratt and William G. Rockefeller. There was an air of great expectation in the badly lighted court room when the examiner took hi3 seat and announced that the hearing was open. Mr. Kellogg, the government's chief counsel in the suit to dissolve the Standard Oil Company, proposes to strike straight at the heart of the trust. Mr. Kellogg will attempt to show at once tlio ownership and control of other corporations by the Standard Oil Company of New Jersey, the holdlng'company of the trust. For this purposo he plans to call C M. Pratt, a Standard Oil director, as the first witness. William u. -Rockefeller Is likely to bo tho Bccond. The taking of testimony before ex-Judgo Ferris in this city will oc cupy at least two weeks,' perhaps longer. About 25 witnesses have been subpoenaed and many more will doubtless bo callod as the testi mony seems to call for their pres ence.':' Unless something now unforeseen by Mr. Kellogg is developed by the evidence it is not probable that John D. Rockefeller, Henry H. Rogers or Henry M. Flagler, will be summoned to appear as witnesses at the hear ing in this city. Tho only individual defendants named in the govern ment's suit who will be called to tes tify are John D. Archbold, Oliver H. Payne and Charles M. Pratt. The first witness was E. C. Bene dict, one of the owners of the Man hattan oil company. He testified ANOTHER MISALLIANCE OF EUROPEAN PRINCESS (Special Cable to The Times.) ) London, Sept, 17. Countess Momlg noso, the ex-crown princess of Saxory, hnd Slgnor Tonselll, a pianist, are now stopping together at one of '.he largest hotols In London under an as sumed name. They have arranged to be marrlel here by special license and it their plans are not Interrupted by a sro'-e of detectives and Gorman agents who are now looking for them, the cere mony will be performed In a fort night. The countess and Tonselll ap peared at the hotel four days ago end asked for an apartment. Thoy had a. limited amount of baggage and were unaccompanied by servants. The ex-crown prince of Rnxony first ntnrtled Europe on December 12, 1902, that Anthony N. Brady was also a lago stockholder in tho company. He declared he could not remember the amount of the stock. Ho knew, however, that his com pany had a pipe line in Ohio. Ho said that in 1898 he sold 5,175 shares of the company's stock at $100 a share, which wa3 delivered to the Central Trust Company. Mr. Benedict declared that he had forgotten the name of the purchaser of the stock. He received, all told, he said, the sum of J889.342 for his property. Mr. Benedict positively stated that his company had had no dealings with the Standard Oil. Mr. Benedict said that he would pay cash for his property. Questlonoed by Mr. Kellogg: ; Willing Victim of the Trust. Q. Pid you object to the. 'Standard Oil Company getting possession of your property? A. I:1U1 not. Q. Then why did you inquire whether the Standard Oil Company was the purchaser? A. Out of curiosity. The witness admitted that the .Man hattan Oil Company was a 'competitor of the Standard Oil Company. He said he had gone into the oil business to protect his interests, in gas com panies. Since the sale of the Manhat tan Oil Company's property,: the Stan dard OH. the witness said, had furn ished oil gas to the gas companies w ith which he was connected. The ne gotiations for the disposal of the stock were carried on with the broker age firm of Brown brothers. Charles M. Piatt, rnic of the officers of the Standard Oil Company of New Jersey was next called. : Pratt de clared he had been an officer since 1899, but was not connected with tho Standard Oil Company prevloously, other than lie had been one of tho liquidating trustees in Ohio. Mr. Pratt said he had been a salesman for the Standard Oil Company, and was ex amined at length. Q. Did you sign the Ohio trust agree ment of 1882? A. I had two shares of the stock at that time. Mr. Pratt admitted that $2,000,000 worth of stock in the ".Waters-Pierce (Continued on Page Five.) THIS BIG DAY AT FAYETTEVILLE (Special to The Evening Times.) Fayettevllle, N. C, Sept. 17. This progressive southern town is enthus iastic and excited over the opening exercises Incident to the driving of the first spike and the beginning of the laying of iron rail on Fayettevllle street and intcrburban railway. A large crowd Is in attendance, a band is playing and spirited addresses are being made by various prominent cit izens. The mayor and city aldermen the officers and members of the cnam ber of commerce, the officers and mebers of the industrial club, the clergymen and many ladles are in at tendance. Adrcsses have been made by Hon. E. J. Halo, Capt. J. D. Mc Neill, F. R. Rose, secretary chamber or .commerce, Messrs. A. H. Slocomb and others. This Is an Important event In the history of this progres sive city, which is so rapidly forging to the front of southern cities. This system is owned by W. D. Mc Neill, W. E. Klndley and other bua Ines men of -this city. Promptly at 3 m. all places of business will close in honor of the event. by 'disappearing from the court at Dresden and taking her three youngest children with her. On December 22 It was discovered that she had fled to Geneva where she was joined by M. Giron, a former tutor of the chil dren. Efforts were made at a recon ciliation, but King George of Saxony insisted that Crown Prince Frederick should get a divorce. In February, 1903, a decree of dlcorce was granted to Crown Prince Freder ick on tho ground that the princess was demented and the custody of the children was given to him. King George of Saxony died In 1904 and the crown prlnco succeeded him. An allowance was made to the Prin cess Louise, who since then has been llvng in ynrlous places of Europe under the name of Countess Mon-tlgnoso. HEAD OF STANDARD OIL DYING; ROGERS (By Leased Wire to The Times.) Boston, Mass., Sept. 17. Henry H. Rogers, the virtual head of the Standard Oil Company, was reported by his friends today to be dying. "His face is distorted; his speech affected; his left side is no longer normal. In three months he has signed only three papers and one of them was a power of attorney. He cannot transact any business or even discuss ordinary affairs." This was the startling testimony given by his son, Henry H. Rogers, Jr., and his brother-in-law, Urban H. Broughton, under oath before Justice Hammond in the Massachu setts supreme court. To this Mr. Broughton added: "He told me to take care of his entire interests and when I asked HASA NEW CARD IIP ITS SLEEVE The Standard Oil Lawyers Find a Technicality WIPE OUT THAT BIG FINE In the Event tho Chit-ngn & Alton is Granted Immunity by the Govern ment, Which Has Virtually Been Promised, the Oil Octopus Will Jciiiik1 That Judge Landis' Twenty-Nine Million Dollar Fine Shall Be Set Aside Reasons. (By Leased Wire to The Times ) Chicago, Sept. 17.-The " : $29,240,000 fine Imposed on the Standard Oil Company by Judge K. M. Landis will be wii-ed out of existence on a tech nically if the statements of the Stan dard Oil lawyers, which became known today are carried to fruitltlon. The line of action which muy result In the fine becoming nothing but a name revolves around the decision of Judge Landis In the Alton immunity case, which Is set for hearing on September 24. - In the event that the Alton Is granted the immunity,' which it has been fully established,. will be promised to the railroad through agreement with former Attorney General Moody, the Standard Oil attorneys will de mand that Judge'-Landis' fine be set aside.. '-. . , . The grounds for this plea will be that the Standard Oil lawyers should have been apprised of this Immunity agreement in order that they might question the Alton Railroad witness es properly. Attorney John S. Miller, chief coun sel for the Standard Oil Company, is credited with being the originator of this scheme of asking for the flue to bo set aside. He and his aides have been working for two weeks in pre paration of their brief on this sub ject. It will be presented as soon as Judge Landis gives the Immunity decision. FORTY KILLED ON BATTLESHIP (By Cable to The Times.) Tokio, Sept. 17. An explosion Is re ported on the Japanese battleship Kashlma, a 12 Inch shell having burs', with forty casualties. SEABOARD MUST MAKE CONNECTION. An order was made by the corpor ation commission today requiring the Seaboard to make the connection at Maxton after October first, even if It is necessary to give additional ser vice, as the connection will have to be made. Tho Seaboard does not de ny that It has broken tho connection, I but claims that this connection can not be made and tho one at Hamlet, and that the latter Is more Import- ant. The Coast Line has been com 1 plying with the order and fault Is with tho Seaboard. CAN NOT ATTEND COURT the reason for this he said, 'Because I'm about done.'" The witness appeared to prove that the oil magnate was neither physically nor mentally able to ap pear in person to defend tho suit for 150,000,000 brought against him by C. M. Raymond of Somerville for al leged conversion of royalties in con nection with the petroleum produc tion. Mr. Rogers' private physician, Dr. Pratt, Added 'even more startling testimony. "The attacK on Mr. Rogers in July was undoubtedly due to something wrong with his head," he swore. "He is still suffering from that at tack. It might be from apoplexy or it might be from other causes. "The strain and excitement and WANTS IRISH EnySlsh Police Woulu Pay Dig Reward POSES AS A PATRIOT Hut ill Itculily Is' a Daring Criminal and Noted Jail Breaker -Tracked to United States by Scotland Yard Detectives But He Has Given Them the Slip Taken Once But His Brazen Effrontery Secured His Lib eration Through Aid of Influential Countrymen. (By Leased Wire to The Times.) New York, Sopt.. 17. Roaming somewhere about the state of New York, possibly in--this iry is-a dar ing, swashbuckling Irish criminal and Jail-breaker for whose capture the English government would pay al most any price. He is James Lynche liaun, the picturesque Individual, who, after escaping from prison in Ireland, where he was serving a Sen tence, was trailed to this country by Scotland Yard men and royal Irish constabulary and arcrsted in Indian apolis four years ago. With sublime effrontery ho passed as a patriot, secured the assitsance of influential Irishmen and got off scot free before those conversant with the cold facts in his case could take action. The English government made a hard fight to have Lynchehaun re turned to Ireland. Since his libera tion atempts have been made to se cure changes in the extradition laws that would allow him to be rearrest ed and taken across the Atlantic. In the face of all this Lynchehaun has recently traveled all over Ire land, England and parts of the con tinent. Ho walked under the noses of the Scotland Yard men and forced his presence at the most inopportune times and places. Lynchehaun is 48 years old. He was born on the Island of Achill, in the Atlantic Ocean, oft Westport, county Mayo, Ireland. He secured employment on the es tate of Mrs. Agues McDonnell, a wealthy woman, and In time became steward or care-taker of the prop erty. Mrs. McDonnell found occasion to discharge him. In revenge he set her barn on fire on tho night of October 6, 1904. When the woman, who was well along In years, rushed out to save her property, Lynchehaun at tacked her. He beat her with a club and bis fists and tore her face with his teeth. She never fully recovered from the brutal attack. After a long trial he was sentenced to prison for life but escaped and came to America. APPEAL FOR AID (By Leased Wlro to The Times.) Washington, Sopt. 17. President Goiupers, of tho American Federa tion of Labor, today issued an ap ponl to organized labor lor funds to nsslst the striking telegraphers. SWASHBUCK GOMPERS ISSUES closeness of the court room, if Mr. Rogers were compelled to testify would be apt to result In the death of Mr. Rogers, considering his pres ent condition." "it would be cruel to compel his attendance in court," said Justice Hammond when he had heard the evidence of Mr. Rogers' serious ill ness from the lips of his own fam ily. Then he dismissed the appeal for an immediate trial. Just how long Mr. Rogers Is likely to live his physicians will not say. But all of the testimony give proof positive that he is suffering from paralysis of the entire left side of his body; that he speaks and. thinks with great difficulty, because of that paralysis, and that he never will re sume business. STOP INVASION OF ORIENTALS People of fanada Aroused on Subject MEANS CHEAPER LABOR Already the Lrovtn lmisrants Are so Numerous That White Men Who Apply for Work Are Turned Away "From the Factories in Vancouver and Elsewhere Japs, Hindus and Chinese Are Xot Wanted and Will Not lie Tolerated, Says McVeity. (By Leased "Wi re to The Times.) Otawa, Ont., Sept. I7.r-Advices from Wininpeg say that the people have become aroused over the threat ened Oriental Invasion and are deter mined to take steps to prevent it. They declare that the coming of the Orientals would cut down the wages Of white labor an dare arranging a series of meetings to petition the gov ernment to stop the inflow of the un desirables. The people are now in favor'-.of .absolute exclusion of cool ies. ."' .- ', J. C, H. McVeity, of Vancouver, comes out squarely for absolute ex clusion. He says: "I have seen white men turned away from factories in Vancouver be cause tho labor market was over stocked. There is positively no short ago of skilled or unskilled workmen on the Pacific coast and the state ments that only through the impor tation of Japanese, Chinese and Hin dus can work be carried on Satisfac torily, and the country fulfill its des tiny are misleading and untrue." Sir Wilfrid Laurier and Mayor -Be-thune of Vancouver, are in constant touch with each other by wire. It is learned from Mayor Bethune that few if any of the 900 Hindus who land ed in this city last week will be de ported. Nearly all have money and many are now scutetrcd over Can ada and Pacific states. Some of the Hindus huvo a bad eye disease. Four hundred of the Hindus driven out of Bcllingham, Wash., have crossed Into British Columbia. Others are slow ly making their way south to Seattle. iCLE JOE (By Leased Wire to Tho Times.) Washington, D. C, Sept. 17 "Jos eph G. Cannon is the best posted man In this country on tho maters that touch tho welfare of the people. There Is no man so well fitted for tho white house us Joo Cannon." These aro tho words with which Shelby M. Cullom, the venorablo sen ator front Cannon's state, added strength today to the boom of tho speaker of the house for the presi dency. "And he would be the best vote getter of them all, continued Mr. Cullom. "The people lovo Cannon and ad mire his strength. "There Is ubont Joo a certain plr turesquoiu'SM that appeals to tho masses of tho people a plcturesque ness that Is not possessed by any other man In public llfo today. The people love him. In the south ho CULLOM BOOSTS $30,000 PENALTY SUIT AGAINST THE SOUTHERN would pile up an immense vote for the republican ticket and he will do it, in every part. of the country." "How about the opposition of labor to the speaker?" the senator, was asked. "Weil," he replied, "Joe handled them pretty-well in his district when It. cropped out. I suppose ho could handle it elsewhere till right." "Will Roosevelt figure in the race?".. "Well, I am faking the president's word that he will not. run for the presidency again. I take it for grant ed that he is man enough to know what he intends to do. Therefore, he is out of the figuring by his own wish. But you take Taft, or Fairbanks, or Knox, all of whom are nc1u!rable: fel lows, and not one of them can show the qualifications for tho place that are characteristic of Cannon." HOLT COTTON MILL BURNED, Smithfiehl, N., C, Sept. 17. Fol lowing close upon the loss of S. R. Morgan's residence yesterday even ing by fire, the Holt Cotton Company lost their carding mill this morning at 2 o'clock. The mill was valued at fifteen thousand dollars, and in-i sured for ten thousand dollars. The I preme court loaay. , ax-uovernor Ay-loss-Is verv. heavy on Mr. S. S.-Holt,'cck and Mr. E. J, Justice represent ee manager. The origin of the fire l eu" the state, and Col.-W. B. Rodman, cannot be accounted for. SOUTHERN STILL DROPPING MEN. Knoxville, Tonn,, Sept. 17. Vice President . and General Manager Hackett of the Southern Railway, reached here last night, and for sev- oral hours conferred with W. J. Oli-; ver, C. a. McManus and J. R. Loyal, superintendent of the division. HARRISON MUST -, The .supreme court of North Caro lina this afternoon handed down the opinion in the Harrison kidnapping case and he will have to serve his term of twenty years in the State's Prison. The attorneys for Harrison felt almost certain that they would get a new trial, but the attorneys for the prosecution were equally cer tain that the case would bo affirmed. Joshua Harrison was arrested something over a year ago upon the charge of having kidnapped Kenneth Boasley, the small son of State Senator Beasley. After some delay, he was tried, convicted and senten ces to twenty; years in the State ' Prison. Ho appealed to the supreme court and the case was argued on August 27th, Kenneth Beasley disappeared more than two years ago and all. -efforts to find him nave proved in vain. Tho sorrowing lather has searched far and wide for his lost child but since the little fellow disappeared no trace of him has been found. It is claimed that Harrison had made threats against Senator Beasley on account of his having had passed a certain prohibition net, and this is supposed to have been the motive for the crime. In the lower court. Harrison made a most determined fight and was defended by some of the ablest attorneys in eastern North Carolina. SERVE TR1 RYAN IS BACKING SOUTH & WESTERN (By Leased Wire to The Times.) Bristol, Va., Sept. 17. The ap proximate cost of the South & West ern' Railway, the new line that is be ing built from eastern Kentucky to tho South Atlantic seaboard and into North Carolina by the George L. Car ter syndicate, is JD0, 000,000. This is the first reliable report as to the amount that would be expended in the construction, of the new trunk line that has ever been given out. Carter Ik backed In the building of tho road by Thomas V. Hyatt of New York, and the Seaboard Inter ests. Tho road is now 75 per cent completed, and has so far cost ap proximately $200,000 a mile and the total contemplated length Is about 2fi0 miles.- Nearly $P,S,000,000 has already been spent. All tho work hns It Was Argued Today In the Supreme Court of North Carolina 1HE ARGUMENTS WERE CAREFULLY PREPARED Several Statements in the Brief of the Southern Railway Out of iho Z Ordinary Question Asked: "Why This Ofl'er to Hell Justice In the Courts of North Carolina?" Rail road Scored by Gov. Aycock, Who Declared That Attorneys for South ern Had Made a Studied Effort to Put State in a False Light. The case in which the Southern Railway was fined $30,000 by Judge Long for failure to observe the pas senger rate law as passed by the last legislature was argued in the su- 'lames u' u ana Juage Avery the Soutnern. The speeches of Mr. Pou and Mr. Justice were typewrit ten. No other cases will be reachod today, but tomorrow cases will be taken up from the fourth district. . This case, owing to its importance, is of interest to the entire state, and especially to the members of the le- jgal profession; Quite a number of at- torneys from different part . of the j state were present today, I The contention of the defendant Is, that if the railroad company Is guilty of a misdemeanor, or if its agent Is guilty, a penalty cannot be inflicted, and if a penalty is inflicted, then there is no basis for an Indictment. Mr. Pou took the ground that If the railroad had failed to observe the In junction its officers would have been guilty of contempt of court. This statement was made after Justice Walker asked, a question in regard to the matter. In regard to the matters stated above, Mr. Justice took an entirely different view from the attorneys for the railroad. His construction of the law was different as well as the effect of the injunction on the officers of the Southern in regard to observing the injunction. '.; Ex-Governor Aycock scored thdi railroad and said the brief was out of the ordinary and there had been a studied effort to place the state in a false light. He declared that the rea son for doing this was because the judge who presided when the case was tried could not be ruled. The speaker referred to a sentence In the Southern's brief where the question is asked: "Why this offer to sell jus tice in the courts of North Carolina?" Argument of Mr. Pou. Mr. Pou in outlining his argument, said lie would confine himself to an effort to establish three propositions: First. That a railroad company selling passenger tickets ut a higher rate than that prescribed by chapter 216, 'public laws of 1H07. known as the passenger rate act, Is not guilty of a misdemeanor. Second. That there wag no evidence sufficient to be submitted to the Jury tending-to prove that the defendant in this case charged more for the tickets sold to W. F. Jones than It 'was permuted to do under the aforesaid act. Third. That the fine imposed by the (Continued on Vage Three.) been let to contract and It Is expect ed that the road will bo completed and ready for equipment with rolling stock by July, 1908. " More than $:,000,000 ottho amount representing tho cost of the road Is being spent in tunnels. A tunnel al most a mile long is being driven through tho Clinch Mountain at CHnchport; another three miles long near Dante, Va and another five eighths of a mile long at Marlon, N. C. In addition to these there are twenty odd smaller tunneln.. This is accounted for by the fact that the road penetrates tho roughest moun tain sections of Kentucky, Virginia, Tennesseo, North and South Caro lina. In western North Carolina, In a distance of eighteen miles, there are sixteen tunnels, ; THE

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