1Yc .-..V'.. feather. 2nd Edition V Washington, D. C, Dec. 6 Fore cast for Morth Carolina for tonight and Sunday! Fair tonight; Sunday Increasing cloudiness.' light winds. ' . ESTABLISHED 1876. RALEIGH, N. C, SATUED AY, DECEMBER 5, 1908. PRICE 5 CENTS MRS. SMITH IDENTIFIES THE jifliY bliiiiiERED man THE GOVERNOR THEYANKEESINKS1LEAGUE MEETING REAR ADMIRAL IN DEEP WATER HELD NEXT WEEK f SUDDEN DEATH OF PARDONS ONE Earle Cotton acd T'm Holder field Charged With Mur der and Larceny BIG CROWD IN COURT HOUSE THIS HORNING No Attempt Made to Establish Cases Against Others Who Have Been Arretted and They . Will be I'sed as Witnesses Hearing Moved to Court House so as to Oct a Iiarger Room Many Witnesses Summon ed Smith's Widow ;nd Others From His Home Here. At one o'clock today the sensation of the Smith murder mystery was sprung by City Attorney Snow, when he had Cant. Thompson exhibit the watch, chain, and diamond ring of the late Dr. K. W. Smith and imme diately afterwards they were Identl. fled by the widow of the dead man. Mrs. Smith came Into court In com pany with her attorney, Mr. Sands, of Richmond, and on- being s:iown t:ie articles above named she examined tliem carefully and In a faltering voice declared them to be the prop erty of her late husband. As each word was emitted from her lips the defendant's faces were seen to har den, as If the Jig was up. It was truly one of the nmsr touching Hcenes ever witnessed in a Wake county court-room. There- was not a man in the great throng whose heart did not go out to her and she may rest assured that Justice will lie-done. The 8rafthf'iriui,der-"casa came -Hp4 for a preliminary hearing this morn ing - At half past nine o'clock the crowd began to gather in the police court and by 10 o'clock every avail it hie space was taken up by the citi zens of Raleigh, eager to witness the unravelling.', of the most jnysterlous homicide that ever baffled Raleigh's pollco authorities. To say that the death of E. W. Smith has aroused intense interest would he putting it in very mild terms. It has been the talk of the town since the fatal Sun day, three weeks ago. The crowd that gathered at the preliminary hearing this morning showed that instead of interest wun-j ing It had heightened. Employers; and employees, fathers and sons,! business men and loafers, stood in j death-like silence to catch every word s tha would tend to throw any light oni the mystery. . At 10:09 o'clock there entered the cotrt room Mrs. E. V. Smith, the widow of the dead man; Mr. J. T. Serey, manager, and Mr. Alexander Sands, attorney, for the White Oak Coal Company, for which Smith was travelling at the time of his death. Col. J. C. L. Harris moved that the court adjourn to the court bouse in order to accommodate the large crowd. Judge Badger said he did not see any objections to this ar rangement. Mr. William B. Jones preferred to wait until City Attorney Snow came in and hear his opinion on the proposed motion. The city at torney arrived at 10:25 o'cloc kand stated that the state desired to en ter nol pros In cases of State vs. Madge Earl, Richard Williams, E. A. Hopkins and Ed. Chavls. He stated that the cases that would be heard this morning were: State vs. Earl Cotton and Tim Holderfleld, for mur der; State vs. Earl Cotton and Tim Holderfleld for larceny; and State vs. same defendants for an assault with Intent to kill. State announced thejr readiness for trial at 10:30. Counsel for Cot ton moved that on acoount of the in ability of the counsel to be with his client that the trial be held in the county court house. City Attorney Snow acquiesced and the immense throng followed officers and prison ers to the court house. Defendants Cotton and Holderfleld teemed In good spirits and talkative humor. Cotton wanted to know of 8herwood Upchurch if "old man Ike had got back from Norfolk." Up church didn't know. City Attorney Snow stated to the court at 10:50 that Mr. William B. Jones and Mr. Sands, attorney, of Richmond, would assist him in the prosecution. Mr. Oatllng .wished to know If there was any charga against Hop kins. On being notified that there was not, h wanted to know K h b" been subpoened. . or was Hopkins . (Continued on Hgaoond Fact.) PRELI Cycle Meet Will Be Held Tonight W1U be Preliminary to the Six Days' Orlnd Which Start Tomorrow Night' Exceptional Card Has Been Arranged Some Great Sprinters . and Pace Followers in the Meet. (By Leased Wire to The Times) New York. Dec. 5 The annual short distance would1 championship eyelo meet, preliminary to the start of the International six day grind tomorrow night, will be held at Madison Square Garden tonight. An exceptional card has been arranged bringing together the fastest sprinters and greatest pace followers and middle distance men In the world. . The star event of the evening will. In all probability, be the three-eorner-ed mutch race between Frank Kramer, sprinting champion of America; Victor Dupre, one of the : fastest men In Franco, and the world renowned speed marvel, Major Taylor. 'This race will be run In heats, the first at., half, a mile, the second at a mile and In the third and fourth, If they be necessary, the distance will be decided by the toss of a coin. Dupre, ivho will also ride In the six day event, has been showing his heels to every sprinter In Europe, including I among his victims Froil, Poulaine and Major Taylor. The latter, however, i Is in belter shape now and more at home on a small track similar to the one In the garden. Frank Kramer Is. as usual, In first-class condition. . The ten mile motor-paced race in which Bobby Walthour, Champion of America, will meet Albert Edward WHIP,' the holder of the world's rec ord of sixty-one nnd a half miles, may Wrtnws another defeat of an American by an Englishman. Wills Li certainly a phenomenal rider. He Is a little bit of a chirp, about the size of Jimmy Michael, and seems to.be perfectly at home on an Indoor track. Since his arrival here With the Europeans, who came over for the s'x day. race, he has been training n't the Park Square cycle track In Boston, behind the man who will pace him in tonight's race, Charles Turville. A ten mile open etfent In which all of the six day riders, as well as many others will compete, and two amateur events complete tonight's card. With the completion of the track everything Is In readiness now for the start of the six day grind one minute after 12 o'clock tomorrow night. The box office has been open for several days and the sale of seats Is unusually heavy;. The doors will be open at 7 o'clock tomorrow night and the crowd will be entertained while waiting for Dorando to start the long grind, by a sacred concert rendered by a band. Sixteen teams will start in the big event. . MINE EXPLOSION ISNOTAMYSTERY (By Leased Wire to The Times) Pittsburg, Pa., Dec. 6 The aver age mine explosions is not a mystery declared the state mine inspectors of Pennsylvania. They, take issue with the statement, oft-repeated' during the past three days' sessions of the American Mining Congress that the great cause of explosions is unknown. Fifty Inspectors, Including James E. Roderick of Pennsylvania, George H. Harrison of Ohio, David Ross of Illi nois, and John 0. Ross of West Vir ginia, held nearly an all day session yesterday to discuss and digest the addresses made during the two days' meeting of the congress. The result was the presentation of an address to the mining congress just before adjournment last night by the Inspectors protetslng against the broad assertion that mine disas ters were a mystery. In addition the Inspectors have in preparation a series of suggestions for recommendation as to new min ing laws In the central competitive fluid, which they wilt take back home with them. These also may be pre sentd to the congress today If they are prepared In time. The most Important recommenda-. lions will declare that stricter rules are needed. They will appeal to the legislature to force the keeping of a record of the dust sprinkling similar to the fire bosses recorda In the mines, I SWINDLER ARRESTED A Wildcat Organizer of Finance Schemes Founder of Two Magazines, Raymond ' I.. Bemlcr i ArreMe; in Goldfleld and is on His Way to Chicago He Will Arrive Today. (By Leased Wire to The Times) Chicago, Dec. 5 Raymond L. Bernier, founder of two financial-" magazines, who had a career pyrotechnlcally un excelled In the history of "wild cat" finances, has been arrested In Gold field and is on his Way to Chicago. He will arrive here today In charge of secret Fervice men. The greatest care has beett taken by the government to koeri the arrest of Bern 'er secret. Bernier had offices In the Majestic building, occupying 'the whole top floor. Many persons were hit hard in the mining swindle which he Is charged with perpetrating. ri... l V,., ,.. ....... ..! ... ' ' " to free Belnler if his'. liabilities and responsibilities, it is reported, but the nature of the plan Is a mystery, as many things Connected with the flight of the man. . There was a : large splurge when Bernier came to Chicago from New York two years ago, the stir caused by the authoritative appearance of his "Journey of Finance" and the sensa- tlon following the publication of the first and only number of "Opportunity of Today,", the reaping of the hist harvest and then the discovery that . there was not a mountain of gold be- hind It, the consequence dwindling of his establishment' and then the flood of complnlnts which caused his hasty departure,. - ' . . 4 .. Bernier hought a small farm maga zine In Michigan to obtuln a circula tion status and opened his offices in the Majestic build !ng. The nineteenth floor was fitted up at a cost of $40, C00. . V';'. -;. Several good editorial writers, short stol y writers and a prominent artist were employed. To a big printing firm he paid more than $20,000 to get out the first num ber of the magazine which was to boost his stock schemes. The magazine came out after num eroua delays and was said to be one of the finest examples of the printer's art ever Issued. The first number alone cost $20,000. The printers went to work on tho second number of the magazine and the word went around that Bernier was broke. The postal authorities sav the Mil- waukee man, who paid over $20,000, did so for mining stock, which he has never been able to sell. Even an ap proximate amount of money belong ing to other people that Bernier Is ac cused of getting away with Is not definitely known. THE DEMOCRATIC LEADER IN HOUSE (By Leased Wire to The Times) Washington, Dec. 5 "The minority In congress Is not so much Interested In the speakership aa It Is in the election of its own leader," said Representative Henry D. Clayton, of Alabama, at the Rlggs House. "At the caucus a successor to John Sharp Williams will ba chosen and It Is as good as settled that Champ Clark will have no opposition. He will have no more opposition than there will be to the re-election of 'Uncle Joe' by the republicans In the sixty first congress. "All this so-called antagonism to the speaker will fritter away before the republican caucus is held and there Is no doubt, in my opinion, that he will ba elected practically unanimously, And why not? Cannon represents re publicanism as well as any member of that party. All he has done since he became speaker has been what the majority of the house desired. The fact that a handful of republican mem bers are talking of some one else for the speakership will only emphasise Cannon's victory. r "After he Is elected there will be no opportunity for those who oppose him to say that If they had made a light they could have beaten him." Lewis Gets Appointment. Pittsburg, Pa., Dec. 6 President T. L. Lewis, of the United Mine Workers, has been appointed by Pres ident Roosevelt an ex-offlcio member of the national advisory board, hav ing general supervision over mine explosion Investigation. President Lewis promptly accepted the appoint ment, . Two Commutations Granted and Brdrfardons ' Refused-Toaay NO PARDON FOR MARTIN Pardon for W. H. JJnrtln, Convicted of Kinbezzliug-i'uiuls From the State of North; Carolina While Clerk in the-: treasurer's Office is Denied Robber Jthe State of 110, 000 In 81. Years Commutation of SpntenccTftMrJohii Angel and Henry BurgessvNtwv Governor Glenn today 'refused. .three pardons, granted one and issued two commutations. Wlthi the governor's statement, they are A follows: State vs. H. B. ftWister Defendant was convicted' August term, 1903, '.Columbus superior court, of aidipg and uuriimg in a murner. find was sen tenced to state prison fur life. The defendant's son, wa convicted . of murder In the '.first' 'degree, Ihe evi dence showing that his father Instigat- I nil tha ait tftn . " .w ..j..,.,.. innoikm from the benclt that, It was great pity the father' could not' have been convicted of murder in the first de gree, and the son have taken his place. The son was executed on the scaf fold. The prisoner is now serving his term. He is an od man. Infirm, and has an innocent and suffering family, but even considering all this, after .carefully examining the evidence, his offense seems to have been so atrocl- ous and premeditated that I cannot in the interest of justice disturb the sentence imposed by the court, and therefore must decline .the .-application, It is but another case where Innocent loved ones suffer for. .the misdeeds of their kin. :. .' . I State vs. W, H. Martin -Defendant was convicted Al-mi&Ujnw Vm,, we- superior court, of embezuling funds I while he was a clerk of' the state treasurer's office, and was sentenced to ten years in state prison. There are many reasons why I would like to grant this pardon. The defendant Is old. has a family that Is highly re spected, and many good people ask clemency for -him. but after carefully Wxuinlning the record, I find these facts: The defendant for G years sys tematically robbed the state of its funds, until he had ..'appropriated' to his own use at : least $1(1,000, and to cover up his acts forged amounts nnd changed figures and entries, thus pre venting discovery. All theft Is to be condemned, but when an officer of the state, or a hank, is trusted by the peo ple, and robs then and betrays the trust, he cannot expect much clem ency at the hands of the executive. I Therefore, not thinking the .sentence of the court excessive, and believing that the defendant was Justly convict ed and punished, 1 am compelled to deny application. State vs. Charles Vance Defendant was convktcd September term, 190S, Gaston superior court, of larceny,, and sentenced to four months on county roads. The defendant hud a fair trial, and sentence of four months does not seem to mc excessive, Neither the judge or solicitor recommend the par don, and in my judgment sentence ought not to be disturbed. Application declined. State vs. John Angel Defendant was convicted November term, 1902, Surry superior court, of murder second degree, and sentenced to 21 years In Hate prison. I heard this, trial, and think the defendant was properly con victed. Before passing sentence, the Judge asked me what I thought would be a fair punishment, and I told him under all the circumstances I thought 10 years was enough. I am still of that opinion. He has been In prison for 6 years and Is entitled to some credit for the good record he has made. I therefore- commute his sentence to 10 years, and direct that he be dis charged from custody the first day of May, 11112, provided that from now un til then he Is of good behavior, and remains of good behavior thereafter. State vs. Henry Burgln The defend ant was convicted at Buncombe su perior court of murder In the second degree and sentenced to 20 years In the state prison, Both trial Judge and solicitor, as well as of tho best citizens and attorneys of Buncombe county, recommend the pardon of this man, and the defendant having served 7 years and made a good prisoner, upon the condition that the defendant remain of good behavior up to that time, and also thereafter, I commute his sentence, and order his discharge on the flrsf of January, 1910. , Pardons Granted. State vs. George W. Barnes De fendant was convicted September term, 1904, Martin superior court, of carnally knowing a girl under 14 years of age, and sentenced to 10 yea,rs In state , prison. The trial solicitor, the private , .prosecutor, the parents of the girl, recommend the pardon of this defend-1 ant, and after carefully considering ' the testimony, believing that the de-' fendant was unjustly convicted, I , grant pardon, conditioned on hta re- j malntng of good behavior. Admiral Gougiiiau Died Sud denly at New Rocheiie Tills Morning 7 HEART FAILURE, CAUSE Rear Admiral .Joseph Ihillork Cogti Ian, Retired, Who Had Been One of the Most Distinguished Officers in the American Navy, Died Suddenly at the Home of Charles Chamix-i--Inin, Sutton Manor, New Rocliclle, Toduy -Was Well Last Evening and Seemed (o be in Excellent Heulth. (By Leased Wire to The Times) New York, Dec. 5 Rear Admiral Joseph Bullock Coglilan, retired, who had been one of the most distinguished officers in the American navy, died suddenly today at the home of Charles Chamberlain, Sutton Manor, Now Rocheiie. Admiral Coghlan went to visit Mr. Chamberlain several days ago. He walked about the streets of XW Rocheiie last evening and greeted a number of friends. He seemed to be In excellent health at that time. Heart failure is supposed to have caused his death. Since June 1, 1907, when he retired from the navy. Admiral Coghlnn had been engaged in business. He had u host of friends In New York men who admired him for His bravery nnd also because of the determined stand he. took at Manila 'during the Spanish American war. It was at Manila that Admiral Cogh lan, '-."wrote his famous "Hoch Der Kaiser" poem, after Admiral Von Dleterlch, of the German fleet. In pa cific '-'waters, had vigorously protested against the holding up of German boats ! .b'ocSwde, . '.That,. poeJJL 4ienrly caused a- serious clash between Germany and the .'.United States. Admiral Coghlan was born on Decem ber 9. 1844, in Frankfort, Ky. On his father's side he was of ' Irish ex tinction. He entered the Annapolis Naval 'Academy In lSiirt and was grad uated in J'i:i. Fi.mi is-i.'l to lSfiS lie was attached to the steam sloop Sacramento on special sen-Ice. His promotion after this, was rapid. From 1SS8 to 1SS7, after having com manded the "Adams," he was station ed at the Mare Island navy yard. He Inter ..commanded the Mohican and the Ifaleigh, and it was while serving on the lialelgh that he took part in the battle of Manila Bay. While there Admiral Van Dleterlch called upon Admiral Itewey to protest -against the holding of German ships in the Amer ican blockade., Dewey said that the ships would have to stop when ordered, "Hut we fly the German llag," pro tested" the admiral. "Those ..flags can be bought for a dol lar a yard anywhere," retorted the admiral. "The slightest infraction of my rule will mean only one thing and that will he war. If your people nre ready for War. with the United States they can have It at any time." "And the quicker the sooner," chuckled .'Coglilan as the German de parted. Sometime later, while reading an Australian paper,, he discovered a poem about the kaiser, which had been written during ail unpleasantness be tween Kngland and Gormany. Admiral Coglilan memorized It and sometime later at a bnnciuet of the fleet officers he recited it. Admiral Dewey is said In. have laughed so heartily that he narrowly escaped choking. After the war, when Admiral Cogli lan returned to New York, he was given a. dinner at the Union League club, at which he ugaln recited the "Hoch Dcr Kaiser" poem. Admiral I'oghlan was married in 1S68 to Julia Harbour, of Terre Haute, Ind. He leaves one son, Gruhum Cogh lnn. ' :."'... ' Tf 1 RE ATS AGAIN ST GRAND JURY (By Leased Wire to The Times) ; Toledo, O., Dec. 3 Constantly armed and even sleeping with a gun at his side, Joseph Munch, a hotel proprietor, foreman of the grand Jury now In session Is prepared to meet threats against his life. During the present inquiry Into criminal cases by the grand Juryt Munch has received anouymous let ters and telephone messages warning him that If certain lines of Investi gation are not dropped hewlll suf-' fer. This attempted intimidation and other suspected Interference with the work of the grand jury will prob-' ably be Investigated by Lucas county authorities. (By Leased Wire to The Times) New Bedford, Mass., Dec. 5 United ,States cruiser Yankee sank In deep waterat-l: Sl o'clock this morn ing. The boat hadJust been floated and was being towed to New Bedford. The crew of 150 wreckers were Res cued with difficulty. The Vessel was sunk by the blowing out of an air port, which permitted the' flooding of the compartment con taining the three giant air compress ors. They were choken by relieving the air pressure and then the whole ves sel filled and rapidly listing to port. Rank. Her bridge and rigging are above water. She lies easily on an even keel and can be saved. The trouble was caused by the heavy seas, kicked up by the strong southwesterly gale which was blow ing. Several heavy steel and rope cables snapped as the tugs tried to control the rolling cripple and In spite of the tug Harlan, which colided with the cruiser, was smashed in and Capt. Chase, "bf the tug, was almost caught and crushed to death. None of the cri?ws were injured and all are anxious to return to the work of saving the boat. EVANS WON'T ACCEPT GIFT (By Leased Wire to The Times) Los Angeles, Cai., Dec. 5 "Of course, the people in Southern Cali fornia, who know me will understand that I dont' want to be placed in the position of accepting a home, and those who do not know me had bet ter be told that I would not accept It bawe-o,-oy o'lep preserv"; This is the way Admiral Bob Evans disposes of the plan to present him with a magnificent house In this city. When it was announced Admiral Evans would soon become a resident of 'California a subscription was started to buy nim a residence; in a letter to a friend in this city the admiral quashed the movement in the foregoing terms and declared he will pay rent like any one else until his business ventures yield him a Sum sufficient to warrant the purchase of a home. GENERAL SIMON IS IN HAYTI (By Cable to The Times.) Port Au Prince, Dec. 5 With General Simon at it s'.iead the revolu tionary army, numbering 8.000 men, marched Into this city at 9:15 o'clock this morning. General Simon was given a splendid ovation. There was no disorder. The troops are distri buted throughout the city and perfect order Is being maintained. IXOCULATKD FOR FKYKK. Philadelphia Physician Tries Expert. iiient to Prevent Typhoid. Philadelphia, Pa., Dec. S "Yes, I Inoculated myself and Dr. Miller, one of the Internes at the Methodist Hospital, together with Miss Me lbourne and Miss Henderson, two nurses at the same institution, with anti-typhoid perms." said Dr. Harlan Shoemaker, of 1018 Spruce street, "and I would not take a great deul for tho Immunity." DrKhoMnnIWT, who Is one of the surgeons of the Third regiment, N. G. P., made the inoculations Novem ber S. nnd Intended to keep the fact secret for the purpose of making a re port to the county medical society, but It leaked out before ho could do so. Dr. Shoemaker's inoculations of him self and of Dr. Miller nnd the two hospital nurses, it Is believed, were the first inoculations for typho'd fever in this city. If not in this country. XKGRO PKACKMAKER KILLED. Was Shot Accidentally by His Own Son. Camilla Ga., Dec. 5 While acting as peacemaker at a negro festival last night between his son Bill nnd other J negroes, Sam Smith, negro, was ac cidentally shot and killed by his own son. Doc Brown, negro, was killed by Levi Stanford, also colored, over do mestic troubles. Another negro Is reported killed at Leland, near here. No detail of the killing has boen received. Real Action Expected When Meeting of the Leagaes . Are Held GOODDIPLOMACYNEEDED According to Report a Number of Questions Are to Be Settled, Some So Important There is Sure t be Trouble in Satisfying All Hands. Chubby Charley Murphy, of the Cubs, Has An Axe to Grind, and Will be Well Represented jn the Arena When the Musa Starts. (By Leased Wire to The Times) New York, Dec. 5 Some real ac tion Is expected when the meetings of the National and American leagues open in this city next week. Accord ing to report there are a number of questions to be settled and some of tnese are so Important that there is sure to be trouble in satisfvlnsr' s.11 hands. Chubby Charley Murphy, of the : Cubs, has an axe to grind and while it is rumored that he may be forced to remain in Chicago during the confab, it Is certain that he will be well represented In the arena when the muss starts. . John T. Brush is another that is expected to stir things up, for he wants to know what right President Pulliam had to order the Giants and Cubs to play off their protested gam ' after the season had closed. Charley ' Ebbetts wants to go to the mat with,! Dovey, of Boston, and there are other, troubles that will come to the surfae and cause the magnates more than th;e usual amount or time and diplomacy tO settle .. '-' '';.;- '-' ' i ilxt F.ulUam Aajs prepare, ft Jong defense of his ac'tlon'"regarding' the " protested game. He says that sec tion 57 emphatically states that in case of a tie at the conclusion of te season a series of three games must be played to settle supremacy. This game, however, was an ex ception. Charles Murphy's protest tied up the matter so that playing it off the next day was Impossible, and it came to the end of the race a drawn game only through a technical ity. In such case the board of direc tors harked back to Section 22 of the constitution, which was Interpreted as authority for the course of action pursued. Mr. Pulliam says there are no rea sons why the present constitution should be altered to guard against a repetition of the unsatisfactory wind up of the present season He ex plained that had the race resulted In a three-cornered tie, Chicago and New York would have been called upon to play off the one sudden-death game and then Pittsburg would have met the winner for the pennant in a three-game series. The big league moguls are nat urally Interested In the much-her-nlded disputes of the Eastern League and American Association The con spirators will get together at the Ho tel victoria at 2 o'clock Sunday. While none of the first water mag nates will venture on the stamping ground most of them will be some where In the vicinity. Manager Murphy says that he does not intend to allow Bau Johnson, as a member of the national commission, to run the Chicago club. This out burst of Chubby Charley Is due to the fact that Johnson has been con ducting an Investigation of the charge that during the recent world series the Chicago club was In col lusion with ticket speculators. Murphy says this is untrue, and. tn back up the statement, ho has Just sent two of his club officials to Garry Herrmann, - also a member of tho commission, to find out If there la any conclusive proof of guilt Herr mnnn, it Is said, has made a state ment that the Chicago club Is not guilty, which, if true, may cause a general rumpus. FOUND WATER IN DREAM. (By Leased Wire to The Times.) Oil City, Pa Dec. 5 Residents of Cherry Tree township are excited over the discovery of a spring by Benjnmln Walters, who dug at a spot Indicated by his mother in a dream. Recently farmers have been driving their stock to a stream three miles distant, but the creek froze over. Last night Mrs. Walters dreamed water was pouring from tha ground In the orchard. Tha son dug a hole eighteen Inches deep and a stream big enough to supply tha n Ura neighborhood gushed forth.