Only Afternoon Paper in the State of North Carolina With a Leased Wire Service and Full Press Dispatches
LAST EDITION : - , ALL THE MARKETS
-THE BALEIGH .EVE
VOLUME 30.
RALEIGH, N. C, FRIDAY, AUGUST 21, 1908.
PRICE 5 CENTS.
TIMES.
CflNrttM
PETTON M OIL CASE
Courthouse Arii Lincoln's Home, Springfield, Illinois.
TAFTWANTSSOUD
Asks for Rehearing of Famous
Case By Court of
Appeals
CASE IN WHICH JUDGE
HINDIS IMPOSED FINE
Court of Appeals in Its Opinion bid
Not Correctly Quote Judge Laradis
On His Rulings In Relation to the
Admission of Evidence Effect of
the Court's Construction of the Iiaw
Would Be to Nullify That Part of
it Relating to Shippers,
(By Leased Wire to The Times)
Chicago, Aug. 2 1 The govern
ment today filed a petition for a re
hearing of the Standard Oil case in
which Judge Grosscup, of the federal
court reversed the decision of Judge
Kenesaw M. Land is, -who imposed a
fine of 129,240,000 on the giant cor
poration on a charge of rebating.
The petition was filed in pursuance
of the president's order and Insists
that Judge Landis did not exceed his
authority in imposing the fine.
The petition in part says:
The indictment In the case was
for a violation of the Elkins act of
February 19th, 1903, making it a
crime to accept a concession where
by any property is transported in in
terstate commerce at less than the
published and filed rates.
It was proved at the trial that the
Chicago & Alton Hallway company
transported Co'East St. Louis, Ills.,
and St. Louis, Mo., 1,492 carloads of
oil. In all the dealings between
shipper and carrier each carload
was treated as a distinct transac
tion and handled as a distinct piece
of business.
The published and filed rates on
this business were eighteen cents
per 100 pounds to East St. Louis
and nineteen and a half cents to St.
Louis. The Standard Oil Company
actually settled on the basis of six
cents to East St. Louis and seven and
a half cents to St. Louis.
These facts were admitted.
The Standard Oil interposed the
claim In defense that the Elkins act
was unconstitutional; that the tar
iffs had not been posted in two pub
lic places at the stations.
On but a Blngie point Involved In
the trial up to the return of the ver
dict of guilty are the rulings of the
trial judge criticised by the court of
appeals.
The point on which the trial judge
is reversed by the court of appeals
relates to his rulings on evidence
and his charge to the jury with re
ference to ignorance on the part of
the Standard Oil Company of the
lawful rate as a defense.
The court of appeals In Its opinion
has not correctly stated how the
judge ruled on this subject.
It is said in the opinion that he
refused to admit evidence to the ef
fect that the Standard Oil did not
know what the lawful rate was.
The fact is, and the record so
shows, that all evidence tending to
show ignorance on the part of the
Standard Oil was admitted for the
consideration of the Jury.
This evidence was largely that of
. the traffic manager of the Standard
Oil Company, Bogardus, who iwore
to a conversation, with Hollands, the
rate clerk of the Alton, In which he
said Hollands old him that the rate
had been filed.
The trial judge ruled that Ignor
ance on the part of a shipper of what
a lawful rate was could be interposed
as defense, but that it would not
constitute 'a defense If It appeared
that the ignorance was the result of
neglect on the part of the shipper, or
of .wilful failure, on the part of the
shipper to resort to the sources of
Information which were available
The government contends that
this la the correct construction of the
statute on this subject.
, The court of appeals lays' down
the rule that It is. necessary for the
government , to show, beyond a rea
sonable doubt, as a part of Its case
that the shipper actually knew what
the lawful published and filed rate
was. V ; ' v; A,-.. l, J;
The government contends , that
this la an Impossible rule; that it ia
contrary to the 'purpose of the 'El
kins act; that It la contrary to the
-. v. (Continued on Page Seven.) - ,
HA1NS
A
NAUSEATING LOT
Story of French Maid Regard
ingT. JenkinsHains
and His Child
SHE IS MOTHER OF CHILI1
The French Maid Who Has Charge
of Two Children of T. Jenkins
Hains Said Today That She is the
Mother of the Youngest One Has
Had Charge of Eldest Child Since
Its Mother Died and She and
Hains Keep House at Bay ridge.
(By Leased Wire to The Times.)
New York, Aug. 21. Marie Louis
Suldman, the French maid who has
charge of the two children of T. Jen
kins Hains at his home,', No. 140
Eighty-sixth street,' Bayridge, de
clared today that the younger child,
eight months old, is her own. The
wife of T. Jenkins Hains died In
Washington in 1906 and the baby he
recognizes as his daughter was born
in Brooklyn hospital in December,
1907.': Marie Suldman Bays that T.
Jenkins Hains had promised to mar
ry her. , She expects him to keep his
promise as soon as he is .released
from-- prison after -his trial on 'a
charge of being an accessory, to the
killing of Annisby. hla brother, Cap
tain Peter C. Hains; :
The maid and the two children,
Mollie,. aged three years and a half
and Louise, are in a lonesome state
at the Bayridge residence.
It has been more or less of an
open secret in the neighborhood since
T. Jenkins Hains moved to the
Eighty-sixth . street premises last
May that Marie was the mother of
the baby. He had not given the lit
tle one a name when he first arrived
In the neighborhood. The resem
blance of the child to the maid gave
rise to the rumor that she was the
mother, although T. Jenkins Hains
had given Inquirers to believe that
his wife died last January, Shortly
after the birth of the little one.
Worry over the absence of T. Jen
kins Hains from home and reports
that have reached her that he is
likely to be sentenced to a long term
of Imprisonment drove the half dis
tracted French woman to a revela
tion of her motherhood.
DEFOREST EXPECTS
TO TALK TO PARIS
(By Leased Wire,to The Times.)
New York, Aug. 1 Contracts
were signed yesterday whereby a
wireless telephone service ia to be
established on the 700 foot tower of
the Metropolitan Life Insurance Com
pany by the DsFprest Radio Tele
phone Company. Dr. Lee Deforest,
scientific director, declares his belief
that eventually it will be possible to
communicate by speech from the lofty
pile in Madison Square to the tap of
the Eiffel Tower In Paris.
He expects when the apparatus Is
installed to have wireless telephone
communication between New York
and Philadelphia, Boston, Montreal,
Chicago and Havana. Then he hopes
to achieve the feat of talking to the
French capital.
FAVOR ROOSEVELT
WOOD PULP TARIFF
(By Leased Wire to The Times)
Philadelphia,:, Pa , Aug. . 11. A
resolution urging the . membera to
create public sentiment In favor of
the Roosevelt tariff from wood pulp
and other commodities entering Into
the ma&ufacture of white paperwai
passed unanimously at the ' closing
session here of the convention of na
tional association r of news-dealers
and stationers.
CROWD
':rs .. ,fmw . -I
(if -kX2 SS; Jf
I. '
S3? -
Tlie upper picture shows the Spriiifirld, Illinois, courthouse, around
which the recent riots, took place, . r'Jgure Xo. 1 sh:i s where Chalin, tlio
Pi-ohibition nominee for President was standing when lie was bit 'with a
brick while defending negro from the mob. "Figure- X. 3 shows the
location of Lopcr's l-estaurant, where the fii-st victim was killed. Abra
ham Lincoln's home, which is shown hi' the lower picture, is on the out-,
skirts of the negro quarters and was for a time nienaeed by the flames
started by the riotei-s. The portrait Is of L. V. Charm.
FIPHTING INJUNCTION
Preparing for Fight .'-Against
Bock's Stoves
Preparing to Fight the Injunction I
Against Boyeott Order Issued at
Instance of Stove Company.
(By Leased Wire to The Times)
Washington, Aug. 21. Samuelj
uompers, president of the American
Federation of Labor; John Mitchell,-,
for president of the United Mine
workers of America, and Daniel J.
Keefe, all of the executive council
of the federation, had a long confer'
(ence with their local attorneys last
j night, at which preparatory steps
I were taken toward fighting the In
junction recently issued restraining
,the officers of the federation from
carrying on a boycott against the
iBuck Stove & Range Company of St.
i i-
.UUU1B.
Officers of the American Federa
tion of Labor will be brought before
the district court September 8, to
show cause why the temporary re-
, straining order, Issued a year ago by
Justlce Gould, should not be made
permanent. The order was issued
at the Instance of the stove com
pany and was to prevent the federa
tion from placing the firm on the
"we-don't-patronlse" list.
BOTH WILL DIE.
Fought Duel With Pistols, Then One
Not Satisfied Used Shotgun.
(By Leased Wire to The Times)
Roblnsonvllle, Miss., -Aug. 21 H.,
B. Suber and J. H. Gllmore, rival
merchants, fought a duel with pistols
in front of the former's store here
, last tight. , ' Suber was shot in the
I breast His pistol failed to go off, but
he retreated to his store and, seizing
'a'shotgun, emptied the contents into
uuuiuio ubck hb uie inner was leav
ing the scene.'
The wounded men were taken to
Memphis hospital on a special train.
Bota will die. :'; v.- -
.; . i
y
FIRE AT leUlSBlG
Great Excitement This Mcr
ButSnisllHre Fire Started in Some Fire Crackers
in Mr. K. A. Terry's Store, and the
Noise Brought Whole Town to' .'the
Scene. -
(Special to The Times)
: Louisburg, Auk. 21- There was a
fire here early this morning in the
store of K. A. Terry. The fire start
ed In some fire crackers, sky rockets,
and other combustibles of a like na
ture that had been packed away from
last season. The noise coming from
the rapid fire of explosions and the
rockets shooting about the building
caused considerable excitement and
the whole town was soon on tho
scene. . : The fire company arrived
early and soon had the fire under
control.
The damago to the building, or to
the stock of goods, other than the
combustibles was Insignificant, ; but
the stir made by the peculiar origin
of the fire was great and great ex-
cltement prevailed for awhile. It is
not known what started theV crackers
to popping.
Fell 180 Feet to Death.
(By Leased Wire to The Times)
Bristol, Va., Aug. 21. Mike Sco
ble, of Cleveland, a bridge expert,
fell a dlstanco of ISO feet from a
bridge which he was engaged in ex
amining yesterday and was instant
ly killed. His body was mashed
into a pulp. Practically every bone
was broken and his flesh was
little
more than a jelly-like mass.
Jap Seal Fishers Caught.
(By Leased Wire to The Times)
Victoria, B. C, Aug. 21. Russian
coast patrols have resumed activity
In the; Copper Island seal rookeries
and hate seized the Japanese sailing
cruiser "Efuku Maru. The Informa
tion Is brought -to Victoria by the
steamship Sbinano Maru.
BURNING HOUSE
Liille One Suffocated Before
Her Father Could
Reach Her
FATBER WAS INJURED
As Result of Fire in Bakery One Fa
ta'ity Occurs, One Person is In
,jr -d and Several Have Narrow
Escapes -Fire Caught, From Gas
in the Ovens, Igniting the Wood
work Booms Over Bakery Occu
pied as Residences Father of
Child Vneoiiscious.
(Ry Leased Wire to, The Times)
lilairsvillo, Pa., Aug. 21 As the
result of a lire at the Link Bakery,
South Blalrsville, at 3:30 o'clock this!
morning, one fatality occurred, one
person was injured and several of
;the occupants narrowly escaped being
burned to death
The dead: Anna Plarre, aged five
years, body found in debris.
The injured: Joseph Pierre, father
of the child; perhaps fatally burned
whilo making ''attempts to rescue his
child; is unconscious at the home of
a neighbor.
The first floor of the building is
used as a bakery,' while the other
floors are occupied as dwellings.
Shortly after gas had been lit In the
ovens tho woodwork eaucht fire. Be
fore those In the bakery realized
what had happened the whole of the
first floor was in flames.
The little girl, while in bed, was
suffocated by the flames, and her
father in attempting to rescue her re
ceived his injuries.
BOY CHOKED TO DEATH.
In an Altercation With His Playmate,
Peculiar Case.
(By Leased Wire to The Times.)
Newport News,- Va., Aug. 21
Henry Elliott, 15-years-old, Is lying
at the point of death from a choking
at the hands of his playmates, Ernest
Robinson and Kyle and Buck Bell.
In an altercation Elliott was set upon
and choked until his lungs burst.
Air from his lungs has now pene
trated his body until it is nearly
twice Its normal size. Physicians re
cord the boy s case as a most re
markable one, and say he cannot live,
His assailants are under arrest
SOUTH BROKEN UP
Would Be Belter for Sooth and
the Country at Large,
He Says
REPUBLICANS NEEDED
South Has Hut Little Influence in
Executive Branch of the Govern
ment Because .of its Democracy.
Is a Conservative Section But
(snoukl Not Stick to a Sentiment
When Conditions Change Its In
dustrial Development the Marvel
of the World.
(By Leased Wire to The Times)
Hot Springs, Va . Aug. 21.- In a
speech described by his friends as one
of the beat he ever made, William
Howard Taft, republican : nominee
for the presidency, today addressed
a mass meeting of Virginia republi
cans, 3,000 strong, asking them and
the entire south to adopt the princi
ples and tenets of the dominant
party of this country, ;
When the candidate told his rea
sons tor believing the independent
democrats of the south would see it
as ihelr duty to vote the republican
ticket, banners and umbrellas were
thrown high Into the air and In the
grandstand, which bounded the
fourt h side of the ampitheatre, wo
nnm in their brlght-hued gowns
stood up and waved their handker
chiefs and fans.
Taft's speech, in large part, was
an appeal to the "solid south" to
break awpy from the dtraoeratlc col- :
I i!i;in; After discussing goneral Is
sues, he said:
: 'Everyone having the interest of
the country at heart would rejoice
to have the BOlid south as a demo
cratie asset in every national cam
paign broken up. It would be bet
tor for the states themselves; It
would be better for the country. The
republican party Is not the sectional
party, which the fact that the south
always supports the democratic par
ty would indicate.
"The republican party has Improv
ed the waterways, ia building : the
Panama Canal and has started the
movement for the redemption of
swamp lands, the entire conservation
of forests and water resources, and
is taking many other steps that are
for the development of the south.
"The growth and success of the
"mining and Iron industries of the
south are directly due to laws enact
ed by the republican party. In our
dependencies, when offices were to be
filled In the Philippines, Porto Rico,
and Cuba, no attention has been paid
to the partisan proclivities of the
appointees, and there are today in
the . Philippines as many democrats
as republicans among the Americans
serving the government there.
"Leading democrats of the south
have complained, and with much
ground
that men of the south have
but little Influence in the executive
branch of the government at Wash
ington. The reason Is that the
south has always been considered by
the democracy, and especially the
northern democracy, as a part of the
country certain to support the dem
ocratic ticket.
"Therefore, when the republican
party is in power, It is not either na
tural or to be expected that it should
summon to its executive offices the
leading men from the opposing par
ty In tho south. The only way by
which the south can cure this mat
ter Is by Independence of action and
the support of the republican ticket.
"I know the south Is a conserva
tive portion of the country. By tra
dition, its attachment to the demo
cratic party Is firm; but a party
represents principles, and when the
principles change, though the name
of the party remains the same, it
would seem that, after a while, the
traditional attachment to. party
would rest lightly on an intelligent
community. Still, there is a politi
cal habit, a political association
which a conservative people hesitate
to throw off.
-"Many Independent democrats in
the south agree with the republican
party in all its main economic dod
trlnes. Since 1890, the manufactur
ing interests of the south have ex
ceeded her agricultural interests,
the industrial expansion of the south
exceeds that of any other part of this
country, and is really the marvel of
the world. ,
(Contlned'On Page Seven.)