' '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