!- v M '' - ' v ' , -:X':;.
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Weather.
2nd Edition
1 , - : Washington, X). C, Jan. J Fore
t cast for ,North Carolina or tonight
and, Wednesday:- Threatening with
rain, tonight;'-much colder. "v" ;':'
ESTABLISHED 1876.
RALEIGH, N. C, TUESDAY, JANUARY 5, 1909.
PRICE 5 CENT3
l
L
CAP. ERB TELLS
STORY IN COURT
Mrs; Beisel Tells in Dra--maiic
Manner Bow She
Shot Erb
STRUGGLE FOR PISTOL
Mrs. Beisel 'Springs From Her Seat
And Leaned to And Fro to Front
of The Bar as She Told of The
. Shooting Straggled With Captain
Erb Brb Fell And She Secured
Pistol And Shot Him Did it to
Save Her Sister Erb Would Have
Shot Her if Sho Had Not Been So
. Quick.
Media, Pa., Jan.- 5 Springing
from the witness chair lu which she
took her seat this morning to resume
her account of the tragedy Red
Gables, Mrs. Catherine Beisel repro
duced in a remarkable manner the
struggle outside of Captain Erb's
bedroom, which ended in his death
from the revolver which she turned
on him on the night 'of October 6.
Her hands clenched and her eyes
Hashed, the woman who Is accused or
murder, leaped to and fro on the lit
the raised platform before the bar of
the court, going through an Imagi
nary battle for life with the enraged
' owner of Red Gables,
"I grabbed him like this," she
cried while the court room audience.
watched her spellbound
"I seized the pistol like this and
nulled. 1 tore it from his grasp. He
slipped and fell against his door
Then there was a roar .of shots, 1
' don't know how many shots I fired.
I don't know whether I emptied the
revolver or not. Everything got
dark. '1 knew nothing until a crowd
o'f people were around me. I did it
to save, my poor sister. ,;'
"Oh, my God, how horribly she
was treated by that man. He would
have shot her and he would have
shot me if I had not been too quick
for him." r ;
"Mrs. Beisel stood with face upturn
ed as she said the final words. Her
bands were stretched appealingly to
ward the Jury. Then, placing them
over her face., she hurst into a Hood
of tears and sank limply into the wit
ness chair. .
Judge Johnson had half risen from
his seat during tuts remarkable
scene, the attorneys, both for and
against the woman, had as one man
stepped toward her, fascinated.' Half
of the six hundred- persons in the
court room were standing. A great
sigh ran through the court room af
ter it was over and there was not a
sound for several' minutes as Mrs.
Beisel sat weeping,' her shoulders
shaking with uncontrollable emo
tions.' .-':'': '',':'."- -, , - -" s
"I was at the Village Green Hotel
when my sis'.er called me up," said
Mrs. Beisel, at ,the outset. "You'll
have to come oyer" at once,' she said,
'the captain is; In a frightful humor.
He has beaten me terribly. I never
saw him so gvage.' I hung up tire
receiver and got my coat. I told the
proprietor I .was going to Red Gables
and might be back later in the night.
''I threw my coat over my shoul
ders and hurried up the road to Red
Gables. I found my sister pacing the
porch, bhe said: 'Oh, Catherine,
don't know what I shall do; the cap
tain has treated me dreadfully.' We
went upstairs and Bhe went to her
bathroom. I went into her room.
'Presently I heard her scream.v I
stepped to the door and saw a sight
that paralyzed me. Captain Erb was
at the door of his room hv his pa
jamas. ; In his right hand he held a
revolver. He was pointing It at Flor
ence and he said; "'Now, I'll get you.
This time I'll nave you.
"Then he saw me. , 'What!
You
By
here ; .you b ..,,., he called
God Til get rid of you, too.'
' "I ran at him.' He threw his arms
up In the air. I think the first shot
went into the air. We "tussled all
over the ball. He pushed me around,
He tried to hold me. I tried to hold
him. He pushed me np against the
watt between the bathroom door and
the door of the ' guests' room. He
shoved his face against mine and spit
GIR
0T
tn my face. .1 hit him a blow and
Jerked away. Somehow I got the gun
and pushed and pulled until I
wrenched Jt away. I atarted tojrun.
e grabbed me. I struck at faint with
U my might. Once again I got away
and again he lUrted after me, then
1 turned and fired.". .
(Contltfued 'on Page, Two.) ,' "
WW
NS SMILING
AND
CHEERFUL
UNDER
STRAIN
While Facing Most Severe
; Ordeal of Trial He Was
In Odod Spirits
AGAIN ON . STAND
Stood Cross-Examinntlon Well, Stick
ing to His Story esterday l)e
- Scribed Bis Brother's" A ppenrnnce
As That of An Entirely Over
wrought Man Told of Brother's i
Trip to Fort Wadsworth to See the j
General and : the - Conversations j
Held There Went, to House of
Captain Mains and Haw Claudia
Drunk,
(By Leased Wire to Tim Times)
Flushing, 1. I., Jan. 6 Facing the
most, severe ordeal of his long trial.
T, Jenkins Hains, accused with his
brother, Captain Peter C. Hains, of
the murder of William E. Annis at
the Bayslde Ynflit Club 0:i August
15, last, came into the old 'Queens'
county court this morning with a
cheerful smile on his face, and re
sumed the seat he had occupied yes
terday in giving his version of tha
death of Annis and the events leading
up to It.' v -v
Mr. Mclntyre completed the direct
examination within a halt, hour and
the witness was turned over to the
state for cross-examination.
Darrin questioned him about the
captain's visit to his . house on May
SI, when he broke in the door, crying
he had discovered his wife's miscon
duct with Annis. The witness held
closely to the, version he gave yester
day and described hfa" b6tnerT"ap
pearance as that of an entirely over
wrought' man.'
Next came a repetition of the re
cital "of the brother's trip to Fort
Wadswtfrth to see the general and
the conversations held there. While
the witness was telling this Mrs.
Annis entered the court-room and
took her customary seat near ' the
rail. Another description of the scene
at the captain's house on the day Mrs.
Hains confessed followed, with the
witness adhering closely to his ac
count given during the direct exami
nation. '
''The day after the confession," the
witness said, "Peter and I walked to
the fort with the general. We went
to the house of Captain Halps and
saw Mrs. Claudia Hains drunk and
naked, lying In a room off the porch.
I didn't go into the house, but looked
In through a window and saw her
lying in this condition. I turned to
the general and told h'm to take Cap
tains Hains away, so he could not see
her condition."
''Had you ever seen her drunk be
fore?" '
"About five years before."
Reluctantly the witness said he had
seen his sister-in-law under the Influ
ence of liquor at her house In Massa
cbusetts. - ' '
Darrin pressed him for a repetJ
tion of the condition of Mrs. Claudia
Hains and when ordered by the court
he went on as follows:
"I went into the house and saw
Mrs. Hains stretched out on a divan
In the parlor. She was naked save
for a klmona that hung only on her
right arm
'It was about 11 o'clock In the
morning. She moaned and talked
Incoherently, raving like. She Bald
In a low, moaning tone, 'Oh, some
body kill me; somebody kill me;
have mined my home and disgraced
niy children. Oh,1 kill me. Oh,
Peter, Peter, Peter!' "
The witness said he covered her
with a floor rug and-"told my" father
to keep "Peter away; hot to let him
see his wife, Then I went up-stalrs
and put the children in charge of the
maids so .they wouldn't see their
mother'! condition.!. V-
After she had been cared for by a
phyBlrtan,' the' witness said, the gen
eral said ne thought It was best to
bring her mother to take charge of
her, and he sent a wire for Mra. Lib
boy. " - ' .' - '
Darrin forced the admission that
the brothers went to see Lawyer Ben
nett about bring a divorce action.
"The lawyer served the papers in
the divorce the bight of the day you
first went to Mr, Bennett's office?" -"He
did." ' ; .
Mclntyre fought hard against this
testimony which showed the proml-
nunt nirt Thornton had nlaved In the
marital troubles of hla brother.
A Group of Tennessee Night-Riders
v-'Rfv if- -iM4 -f dWMMf
'''' ' ' ' '" ly " '
ORVILLt
GUT
G0E3T0 FRANCE
: (By 'Leased Wire to The Times)
New York, Jan. 5 Orville Wright,
the aeroplanlst, arrived he:-eIasL nlglit
ou his way to France to join his
brother, Wilbur. He will sail on th.
steamshiiVKaiser Wilhelm der urosse
today.
"I positively shall not fly in France
during my visit," lie said. "That, is
not my object In going abroad, and,
anyway, my physician forbids work
tiUHy erotfne- IHM one Trwir.1-- -
"Businss matters," added Mr,
Wright, "require th combined atten
tion Of my brother and myself. I
rather expect that we shall botn re
turn to this country in April. We
hope at that time to fulfill the speci
fications of our contract with the
government.' '
;
STANDARD OIL CO.
FAIRLY CONFIDENT
(By Leased Wire to The Times)
New York, Jan. 5 At the Stand
ard Oil Company's offices one of the
officials, in commenting upon the de
cision of the United States' supreme
court yestrday, Baid:
"We shall be fairly confident If we
have to' come to court again, but of
course, no one can tell what a jury
will do. We are certain, however,
that our position is secure as far as
the law Is concerned.
"We contend that we acted in good
faith and if we broke the law techni
cally it was through accepting hon
estly a rate which the railroad was
imposing by mistake.
"At any rate.lt has been authori
tatively declared that the selection
of .the carload as the unit Is absurd.
But even It a more reasonable unit
is adopted we might be condemned
to a fine of about f 1,000.000 If the
case went against us again."
VANDERBILT TAXES OVERDl'E
- " .i
Because $24,0O0 Is Unpaid Buncombe
County Teachers Can't be Paid.
(By Leased Wire to The Times.)
Ashevllle, N. ,C Jan. 5 Because
$24,000 In county' taxes due from the
BUtmore estate have not been paid,
the county authorities are unable to
pay teachers' salaries for the half
month and have cabled an appeal to
George W. Vanderbllt, at Paris, to di
rect; Immediate payment or at least
half the taxes,
The tax, could be collected oy process
of selling the property, as the taxes
became due October 1, but there Is no
thought of doing this, as Mr. Vander-
bllt Is expected to take prompt steps
to' relieve the situation. Mr.1 Vander
bllt's property In this county, is as
sessed at $2,500,000. He pays no per
sonal tax here. .'
Ambassador Held to be Retained,
fBy Leased Wire to The Times)
New York, Jah. 6 The Edinburgh
Scotsman says Its London correspond
ent has been Informed by Ambassa
dor Reld that he will retain the am
bassadorship under President Taft's
administration.' ' . r-
He is also quoted as saying that
there Is no visible prospect of a
' I change In. the situation. -
I). S. WARSHIP
Nil
AD! EQ
1UI
IVfli IAU
(Bv.I,e:Sfld Wire ty The Tunes.)
WashniKtun, Jan. 5 The navv
liartment tmlay received a cnolffirain
from NapHv amiouiirlrig the arrival
of the. Srorpii.iii at that point fiom
Missina today. The .ship sailed almost
immedtu toly
Messina.
on
heTj retu:-n n ip to
The dcnartiiu nt was also notified of
the -departure of thl Jjotilaiutia, . Vir
ginia, Mhio anik..MiNfturl -from Sura
ftiul tlve--n!W't vovtiiV t- tmtvtlrut;
Kansas, MinnesoVa tv.sl VoruiMlVuf the
JUDGE HUNDLEY MAY
FAIL OF APPOINTMENT
(By Leased Wire to T?e Times.)
Washington. Jan. 5 Vfaiker Percy,
a prominent attorney of Birmingham,
Ala., who with a -dclegttion of Ala-j
bama lawyers called resterday ; on
President Koosevelt jo ask 'that the
nomination of judtfe O.wi' R. Hund
ley to be United Stiies judge of the
northern district of A lata ma be '-'withdrawn
fom the stjiatt. today said
that he was sanguine Mat the- presi
dent would heed tar protest of the
Alabama lawyers, ihe majority of
whom were opposed to Judge Hund
ley's nomination. Mr. Percy said that
with few exceptions the ; whole Ala
bama bar was oppoied to the appoint
ment on the ground that Judge Hund
ley did not have tto .necessary quali
fications for the pot.
The Alabama attrneys here, headed
by Percy, have pinted a brief ad
dressed to the preldent and the sen
ate, setting rorth their reasons why
the nomination shuld bo withdrawn.
SOUTHERNERS LEAD
AT NAM ACADEMY
t u L.eueu m no Aiiucor
T J li.n ThA Ttntnol
'. Annannlla i . .Inn. Fi Advance:
copies of the nVal academy register
for 1908-1909, jte sixty-fourth acad
emic year, hav, been received at the
naval academy. The number of mid
shipmen in thtacademy at the proa
em time is shorn to be 811, .which is
below the averge. They are divided
by classes as' follows: first, .17-5;
second, 164; Urd. 246; fourth, 226.
As has been th case for a number of
years, a marbd comparative excel
lence In scholrshtp of western 'mid
shipmen Is lntlated. Southern mid
shipmen appaintly are next in gen
eral excellent while thosa from
eastern, northrn and middle Btates
do not, as a rle, do as good work In
their studies, hough there are some
marked excepons. Theddore S. Wil
kinson, Jr., C Myrtle Grove, La.,
stands at thehead of the first class
and will doudess be at the bead of
the next grcp of graduates. The
leader of theiecond class is Mervyn
Bennion, ot rnon, Utah. Theodore
S. King, secod, a Callfornian, Is tile
leading scholjr In the third class. No
scholastic rak has as yet been as-
signed to th
members of the fourth
class.
Going to Court.
PEACE SOCIETY
TO BIVEDINNER
(ily Leased Wire to The Times)
New oik. Jan. u The leace So
eTeiy will give a dinner to Secretary
of State Klihu Hoot on Kebruai v Z in
reeoBiiillon of his not aide s.Tvii es to
the enn:e of Intel n itional peai e The
speakers win bo President-eleet T:ift,
Governor Iltighes. Buron Takiili in,
Joseph II. choate and Andrew
C'arni'Kie. ,
The society also ts plannini; (ither
fitting tlebratloiT in tho future of
J-tHff .puperesii miwia.aui'ing l(lS.'inlhe
eause of pea ee and Intrrnatlnnnl eo
opeiatlnn. It has notified its memlx-rs of plans
of the enlargement of the activities
of the organization.
STEEL CAR MAKERS
FIGHT STEEL TRUST
(By Leased Wire to The Times)
Pittsburg, Pa., Jan, 5 -War
threatens the steel corporators and
the makers of steel cars. The steel
car concerns of this district; as well
as affiliated concerns in different
parts of the country, have demantrfeJ
of the corporation a renewal of a ten
year contract for steel plans, which
will expire, on February 14' but; the
Corporation refuses to accede to the
more .mportant demands:
In the first place, thosj who have
controlled the making of steel cars
have, for ten years past, been getting'
their steel at a reduced rate, on thd
sliding scale basis, and in addition to
this the Carnegia Steel Company with
which the contract, was first made,
agreed not to -start the manufacture
of steel cars during the tenure of the
ten year contract. "
Londoii Bur Silver.
(By Cable to The Times)
London, Jan. 6-rllar silver steady
at
f,.(j(
advane 1-lfid.
I
W.
t ' - h-yc 1
A BIG BATCH OF
PARDONS
WERE
ISSUED TODAY
Ed Wiillams, Arthur Daniel
Rlcfiard Green, Allen Bailey,
and Blfiers Free
THREE ARE REFUSED
Allen IJailey, of Wake County, Con
victed of Larceny at The July Term
of Court, 108, is Pardoned Par
don Itecoinmeiuled by Several
Good Citizens Two Serving Terms
hn' Murder in Second legrev Are
PardonedThese".'. Are Kowan
Luekey, of Rowan, And John Gor
don, of Forsyth.
Oovernor Glenn today Issued pardons
to six convicts. The governor's state
ment as to those granted is as fol
lows: . '.'';
State vs. Ed. Williams Defendant
was convicted September term 1906,
Mecklenburg superior court, of lar
ceny, mid sentenced to three years on
coimij roads'. The delendnnt having
been a good prisoner, and liavine
s. rvi-d two year, and the trial judge
iinil solicitor having recnininended this
pardon, on account of his previous and
suoKiiiucnt good character, I (trant a
.ndon,: conditioned on his being of
n"od belmvior, sober and indusirious-
Miitc vs. Artmir iJaniel Defendant
was eonvictcd spring term IMS, Dare
superior court, of assault with Intent
to commit rape, and sentenced to two
ycHjs on county roadH. I have read
'.his testimony and do not believe the
dcf' iHlant was -guilty,' 'and the judge
must nave thought it a weak ease, else
he would have given him a longer
lerm. 'Ih? prosecutrix is a notorkius
l.v liad worruui and I cannot let the
1 1 i'aiistav 1'U.Uitx on the Lnad ou
her testimony. Pardon granted on
condition that defendant ' remain of
Hood character. .
4r-4tR.-vR.:K'ehard Green Defendant
was convtrted August term l(Hir, ItarK.
Ingham superior court, of affray, and
sentenced to six montlis on county
roads. The defendant had great provo
cation, and the jury might well have
acquitted. In my judgment he has
been sufflcientlv punished, and as there
Is no opposition to the pardon, but the
vi-i.v bcrt citlxCTTS, fncludniK tin: prost
ecutor, having recommended it, 1 grant
same, conditioned on his remaining of
good behavior.
State vs. Allen Bailey Defendant
was convicted July term 1906, Wake
superior court, of larceny, and sen
tenced to two years In state prison.
After carefully reading this testi
mony, there is doubt in my mine as to
prisoner's guilt. He had previously
borne a good character, and some of
the very best people in the county
recommend this pardon, and I there
fore give him the benefit of the doubt,
and grant a pardon, conditioned on his
remaining of good behavior.
State vs. Rowan Luekey Defendant
was convicted February term 1904,
Rowan superior court, of murder In
the second degree, and sentenced to
ten years In state prison. At the time
of the "sentence the bar of Rowan and
the Jul v asked his honor to reduce the
sentence, and the judge stated that
while he would not do so at that time
If the defendant demeaned himself
'well, he would later recommend a par
don. Tile judge and solicitor both
now recommend pardon. The defend
ant has served three years. He was
using u pistol recklessly when the kill
ing took -place; but there Is doubt In my
mind of any criminal Intent on his
part. On account therefore of his prior
and subsequent good character, I grant
this pardon, conditioned on good be
havior.
State -vs. John Gordon Defendant
(Cnotinued on Fifth Page.)
C. DOWD.
CANBIDATES FOR
SPEAKERSPLACE
ARE VERY ACTIVE
The Three-cornered Fight
Grows In Interest as the
Time Draws Near
THINGS BEING DONE
The Legislative Body Now Well in
The City, And The Preliminary
Work of Settling Who Will Hold
Down The Many Places of Honor
And Good Pay Goes On From Hour
: to Hour Review of Some of The'
Men.
The legislature Is here. For two
days each train has been bringing in
the advance guard, and last evening
and today the great rank and fife
struck the city, and it Is theirs for the
next sixty days.
The assembling of a legislature Is al
ways interesting to the . whole state,
and while this one has no overshad
owing issue to settle it Is Interesting
A. W. GRAHAM,.
nevertheless. Just getting on its feet
frnrn the effects of a panic, there 'Is
every reason for moderate and careful
legislation, and for that reason, if for
no other, the citizenship of the state'
looks to Raleigh for a policy that Will
encourage the highest progress of the
state.
The Sneaker Candidates.
While there are more than one hun
dred men and bovs here looking for a
place in the organization of the two
houses, many of whom must be disap
pointed, the real Interest centers in
who will be speaker. The fight for
- V
It. H. HAYES.
the speakership being three cornered
hightens the interest and makes tha
result more doubtful, for the winner
must first get more votes than both
the others before the caucus can de
clare him the nominee. The candidates
are all men of ability, and perhaps
either could do the work equally well,
yet the friends of euch think his Is the
man for the place. Mr. W. C. Dowd,
of Mecklenburg; Judge A. W. Graham,
of. Granville, and Mr. R. H. Hayes, of
Chatham, compote tho trio that meas
ure strength and winning ability In the
contest now on.
Mr. W. C. uowd was a member of
the last session of this body and a
formidable candidate for the place he
now seeks, and received 28 votes In the
caucus. Prior to this legislative ex-'
perlence he was senator from his dls-'
trtct In the fusion days, and was one
of the few democrat fighters In the
senate that year when fusion threaten
ed to run wild over the institutions
of the state. Mr. Dowd has a large
following In North Carolina which
would rejoice at his winning the price.
Added to this Mr, Dowd has assur
ances from his friends that art prom
ising to htm. He expects to be the
next speaker.
Judge Augustus W. Graham, famil
iarly known as "Gus" Oraham, an
other candidate for the corettd prlro
of the speakership, and comes before
the caucus as no new and untried man."
Judge Graham has-been more 'or lee'
In public lite for th'lrtjr years, as able
lawyer, good cltlsen and Judge of the.'
(Continued on Page Eight.) ;
V.-VV;.- ''";
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