Wetitfifec.
OTtB
mm
, Washington, D. C, Jan. 2) Fore
cast for Nortft Carolina tot tonight -and
Saturday: "Threatening tonight
and Wednesday, prtibablealn.
ESTABLISHED 1876.
RALEIGH, N. C, FRIDAY, JANUARY 22, 1909.
PRICE 5 CENTS
SECOND.
EDITION
THE SELECTING
OFJIYGOESON
IN COOPER CASE
Both Sides Making Use of
Peremptory Challenges
to the Limit
CROWD NOT SO LARGE
Six Jurors In the Box When Court
Convened Today Third Panel Be-
' tag Drawn On Said That the State
Will Attack One or More of the
Jurymen That Have Already Been
Selected on the Ground That They
Are Unfit ' For Service- Rumor
Causes Suppressed Excitement.
The Three Defendant Were in
Their Accustomed Seats on Time
and Appeared in Good Spirits.
(By Leased Wire to The Times.)
Criminal Court Room, Nashville,
Tonn., Jan. 22 With six jurors In
: the box the work of selecting the re
maining six was resumed at 9 o'clock
this morning in the Carmack-Cooper
trial. After the names of several ve
niremen left over from the first and
second panel was drawn and the at
torneys repaired to their consulting
room for the purpose of looking over
the names on the third panel.
This one contained 7 s names as
against 102 for the nrsc one drawn
It had been reduced, however, by tae
fact that six jurors had been chosen
and had taken seats in the box and
further that the state had used up
seven of Its eighteen peremptory chal
lenges, Colonel Cooper, four of his
and John D. Sharp seven of his.
The relatives of the Coopers were
late In arriving, but Mrs. Sharp and
Read Sharp, wife and brother of the
defendant Sharp, were on hand
promptly at the convening hour,
Judge Hart allowed the six jurors to
retire to their ante-room, where they
might be more comfortable. One of
the jurors, James M. Whltwort.,
humorously, but none the less earn'
estly, reminded the court that he
was accustomed to take a little "nip"
each morning, and the judge instruct
ed the officer to let the juror with the
"morning's mprning" habit, "have a
little sweetening". Jucge Hart has
been fining all jurors who failed to
answer when their names were called
: the sum of $25. One juror this
morning suid he had sickness at
home, that some of the folks were
"kinder ailln ". Judge Hart said
the juror could go it his folks were
' sick as much as $25 worth. The
juror stayed in court. ;
Easily the first sensation sprung In
the trial of the case of State of Ten
nessee vs. Colonel Duncan B. Cooper,
Robin J. Cooper, and John D. Sharp,
charged with the murder of ex-Senator
E. W. Carmack, was sprung this
morning shortly before 11 o'clocs,
when four affidavits were presented
to the court by the state alleging that
one of the jurors accepted In the case
: Is an habitual drunkard and that he
is not a fit man for jury service. The
juror in question was J. H. Leigh.
Three affidavits charged that this
. juror had been seen drunk on Jan
uary 19 and on the 4th, which was
that of the attorney-general himself.
It was stated that the Information of
i. the atto'rney-general was that the
juror was not only an habitual
drunkard, but that he was an habitual
gamblet and was hot a man of good
character. The attorney-general de
clared, that the juror was not fit for
Jury-qaervlce and the state asked that
he be removed.
The attorney-general therefore
challenged "for cause" the right of
the juror to sit in the case. "We
. have, not heard or this matter,"
promptly answered Judge J. M. An
derson, of leading counsel for the
defense, "and we would like to exam
ine the affidavits as we want to de
termine what steps to take in tbe mat
ter seeking to disqualify a juror after
he has been accepted by both sides."
The affidavits that were then hand:
ed jo the attorneys for the defense
and General McCarn for the state
went formally on record as his mak
ing his objection to the juryman, the
matter will be brought up later be
fore Judge Hart.
v Bar Meeting. f:
, , The members of the Raleigh bar
will meet in tho office of the clerk of
the court. Monday aftern60n at J: 80
o'clock, to set the calendar tor the
February term of civil court -
COMMISSIONER
H
MAY GET RAISE
IN HIS SALARY
Substitute Bill for Increase
in Salary Commissioner
Labor and Printing
FAVORABLY REPORTED
lrs. R. T. Vann Conducts the Prayer
Service at the Owning of the
House This Morning Cox Pre
sents a Petition From The Ladies
Memorial Association Asking For
a Fireproof Building The Bill
Increasing Salary of the Commls.
sioner of Labor and Printing Fa
vorably Reported.
The fifteenth day's session of the
house of representatives of the North
Carolina general assembly was called
to order at 11 a. m. by Speaker Gra,
ham and the morning devotions were
conducted by Rev. R. T. Vann, of the
Baptist University for Women.
The committee on journal reported
the proceedings of the day previous
as correctly recorded and without olv
;'ectlon the same stood approved.
Under tho call for petUlons, me
mortals and communications, the fol
lowing were presented: From An
son county asking J. W. Msacham be
appointed a justice.
Reports of Standing Committees.
The following reports were made
To amend law as to salary of com
mlssioner of labor and printing; a
substitute favorably. This calls for
Increase; to relieve .Tno. Hyatt, of
Edgecombe, unfavorably; as to sani
tary condition of schools in Wash
ington county, unfavorably; to pay
solicitors, without prejudice, and
Tuesday, 24th, set as day to consider
same; to repeal section 2767. laws
of 1907, unfavorably; for relief of
prisoners in Jail in Bertie, favorably;
to provide pay of witnesses ia
Wilkes, favorably; as to liability of
tug boats, favorably; as to courts in
Tyrrell, favorably; to require change
in mortgage sale, unfavorably; as to
fees in short term mortgages- in
Wayne county, favorably; to validate
certain stock law territory In Har
nett and to levy tax, favorably ; to al
low guardians to cultivate land of
their wards, favorably; to allota ilerk
or Northampton court to be absent;
to regulate sale if pistols and car
tridges, unfavorably, but was re-referred;
to amend landlord and ten
ant act in Bertie, favorably; to pro
vide separate uniform for prisoners,
unfavorably; for separation of white
and colored prisoners, favorably; to
appoint justices for Duplin, favor
ably; to vadidate election of justices
in Alleghany county, favorably; to
appoint certain justices in Wilkes, fa
vorably. A memorial was Introduced by
Cox, of Wake, as to fireproof building
from Ladles' Memorial Association.
Bills Introduced.
By Pool: To amend code as to se
duction. By Pool: To amend law as to In
heritance tax.
By Cox Resolution as to pay of
expenses of inaugural committee.
By . ...... . : To give assistant
supreme llbrlan more pay.
By Currle: To abolish -crop pest
commission.
By Currle: To regulate sale of
feed compounds, two bills.
By Gordon: To validate certain
of B. J. Fisher in Guilford. -
By Gordon: oT validate certain
deeds.';.
By Underwood: To allow three
day's grace on sight drafts.
By Pally: To protect game and
land owners In Rutherford county.
By Connor: As to liabilities of
banks as to forged checks.
By Connors: To punish, for cer
tain crimes.
By Connor t To amend law as to
assistant librarian supreme court.
By Weaver: To regulate use of
business names.
By Grant: To protect labor.
By Grant: To allow sheriffs and
ta collectors to collect back tax,
, By Livingston! To appoint hoard
of education for Polk county. i
By Taylor; To amend law as to
to fees.- - , '
By Taylor: dT amend law as to
tax of certain .fishermen.
By Freeman: A to pay of com
missioners in Richmond county.
By Freeman: At to pa of jurors
In Richmond county. .
- By Freeman: To allow Richmond
county to hire .convicts. .v I House bill 96, reported unfavor
By Gavin, by request:. To appoint1: (Continued on Second Pagt.Jt
j . .i, ; ; ,
These changes would only cost the State. threw hundred thousand dollars, and would pive the State one
with ample room for all departments and records. Kemodcld after the capitol at Washington it would make
cotton weigher for Warsaw. I
By .McDonald, of Cherokee: To re
peal chapter 60, laws of 190$. I
By McDonald, of Cherokee: To
relieve certain physicians.
By. Smith, of Harnett: To direct
publication in Harnett.
By Rodwell: As to property of
insane people.
By Morton: Resolution to provide
more light In capitol corridor.
By Kendriek,- As to paiy-of--Jurors
in Gaston county. :
By Wallace: As to holding court
in third judicial district.
By Graham: To amend law as to
certain publications.
By Bolton: Resolution as to ven
tilation and cleaning of house chamber.-
Leave of absence was granted to
Shepherd, Assistant uoorKeeper
James. Underwood, Redding, Tom-
lln, Pickett, Smith of Durham, Carl
ton, Turlington.
The senate sent over a batch of
bills, asking concurrence.
Harshaw gave notice that tomor
row he would introduce a joint reso
lution to adjourn the session Febru
ary 20th, and ask immediate consid
eration. -
Bills Passed.
A bill to provide a system of road
working in Macon, second reading,
To amend charter othe town
Granite Falls, second reading.
of
To
amend the charter of Wilson, second
reading. To allow town of Marshall
to Issue-bonds, third reading. To al-
low the county of Buncombe to Issue
bonds to refund its debt, third read-,
uuuuo vi. v.m v, , , ' .
ing. As to bridges in Wayne county, '
second ana tnira readings. Mr. moi-
lWu u. a w.. -
up In form of a substitute, and after
minv onnH renrtine. so many!
.m.ntloa wnntort t.n ho added that, the
, ordered nrlnted and allow all
bill was
, . tVlof ',,.., tn ..... iDotn- nouses., ...
,". . L fl! The charges are understood to be In
to come
mi, 2.- 1 1 ,. . AnnMnn
Din iv repeal iuw as w iiuauv-o
A..mmlttaA In Uanriarenn pnnnrv WHS
taken up, but as there was confusion
aa tn . intont t went over I
Th hllT maklmr the Wa -ne auto
The bill making the Wa.ne auw
law apply lo aubuu couiuy
v nnniv tn Annnn connrv was caueu
up and passed second and third read- mfU,y persona not entitled to them re
lngB. The bill as to state boundary. ceve valuable perquisites from the
lines, giving governor power to act,
passed second and third readings.
Bill as to Yadkin county road law
passed second and third readings.
BUI to correct land grant In Cald
well county passed second and third
readings. Bill to amend fence law
in Tyrrell, making a four foot wire
fence legal, passed second and third
readings. BUI to allow free passage
Of flih in Clay county, by Mr. Craw
ford,, was - called up, and the chair
suggested that the word dam be cor
rected in "the spelling, and the same
was passed over and later passed
second and third readings.
Mr. Bowie's bill for a stock law for
Ashe tcounty was read three times
'rlL 'lh!!1' ges that existed previous to
sufci' tta that othor counties wantod
tq Illicit, It went over. th financial panic. In case the de-
Mr j Jones Fuller, of Durham, was mands are not met It Is said strikes
granted the privilege of the floor
BUI as to surveyors' fee In Scot
land and Anson counties passed sec
ond and third readings and was or
dered engrossed. . ; (
. nlll ik' tit ttnunil nal in Hutch
I river passed sedohd and third reftdt
lagn,
PROPOSED CHANGES IX
ilk
1 - 3ivF:it
FOR AN INVESTIGATION
State Hospital of South Caro
lina Hof.plt-1 ' Anhtfnles 'Have ' Bill In
troduced Asking For Investigation.
Taking Movement to Forestall
Enemies of the Institution Will
ApKint Commissioners.
(By Leased Wire to The Times.)
Columbia, S. C- Jan.- 22. Foreseeing
that because of sensational charges
by former inmates entrusted to a sen-
ator and generally known of but not
yet officially filed, demand for a leg
islative investigation would likely be
made, and preferring that tho initia
tive in the matter should not be taken
by .members perhaps hostile, the man
agement of the state hospital for the
Insane today had Senator . Chrixlunsun
Introduce a bill providing for a full
inquiry by a committee of three sen
ators and four representatives to sit
between the sessions and report, its
findings and recommendations to the
general assembly next January.
. The committee Is to have full court
powess, with leave to keep its pro
ceedings secret, to receive per diem
and mileage and be furnished witli
clerical help, Including stenographers
anJ? "V"'sha1, ,' , v ' , ,
The bill was accompanied by a let-
ter gettlnS forth the nee(1 of ail ,llV0H.
tIgation, for the vindication not only
ui . " ( . iuu m ui-.
the state. .
It is believed the measure, which
would become effective upon It signa
.tuI? b.y the evernor, . will readily pass
gu
uDstance mat remaie paiienis nave i
ot been treated respectfully by male
.....
keepers; that male patients have been
brutally beaten; that sanitary condi-
re higlfly unsatisfactory: that
furnished Is insufficient In
..... ... . ... i
oualltltv and noor ln Duality, and that
fine farm attached to the Institution
(By Leased Wire to The Times)
New York, J,an. . 22 A special
meeting of the United Hebrew Trades
j has been called for Monday to con-
involving: 60 trades and 150,000
workers will result. One trade, that
ot the " pants-makers, at a meeting
held in Clinton Hall, where 3,000
workers were present, authorized its
executive committee to order a gen-
oral strike. It la aald this will be
ordered la the hoxt few days unless
thr Is a change in cbhdltlohi. and
will completely , tie up .that Industry.
HEBREW TRADES
HOLD
El
THE CAPITOL BUILDING.
Lit
OF PRESIDENT
Trensmiilirg Report of the
National Conservation
Commission
SENT TO THE CONGRESS
The Report is the Outgrowth of tho
Conference of Governors of States
Held Last May at Washington and
. Was Unanimously Approved by the
Recent Joint Conference Held in
Washington Between the National
Commission and Governors of
States.
(By Leased Wire to The Times)
Washington, Jan. 2 -The special
message of the president transmlt-
ting the report of the national con-'
servat.lon commission was received by
congress today. The report is the
outgrowth of the conference of gov
ernors of states held last May at
Washington and was unanimously
approved by the recent joint confer
jence held ,n Washington between the
nRtlona, - commission and governors
L, ,.., . ,
r.' -"-" ........u.. wm,.,.o
,i . ...I..---
great organizations of citizens
The president declares the report
to be on(J of the most rundnmentalIy
,. ... .
l1"110?'1111, doc ime"t8 ever laid be-
-v f""!"" 110 ""6"
gests that immediate steps be taken
'to adopt a comprehensive plan for In-
land wnterwv tlnn. th,,t
- '
tlonul forests
only one-fifth of them now being pro
tected ln that manner; that means
should be adopted to avoid the pres
ent waste of mineral resources and
the , annual loss of lives of men en
gaged In mining. The interests of
labor, he declares, should be safe
guarded, a thrust being made at the
trustB by adding that "trie man who
serves the community greatly should
be greatly rewarded by tne commun
fty, for as there Is great inequality of
service go there must be great ine-
NEW
MESSAGE
quality of reward, but no man or set 'church, of which Dr. John E. White,
of men should be allowed to play the1 Pastor, have pledged thomselves,
game of competition with loaded i "Blnnl"f nt Monday to attempt to ,
dice." He admits that "the admin-
istration has doubtless made mis-
takes, but what it has done has been
done or attempted ln the single con
iBtent effort to secure and enlarge
the rights and opportunities of the
men and women of the United
States."
The president declares that "the
unchecked existence of monopoly is
Incompatible with equality of oppor-
tunity", and asserts that
the con-
trol of a public 'necessity Involves a
duty to tbe peopla". r
me oenents or.a pure rooa law and
the employers' liability law are alio
. ...... - ...
pointed out'
of the finest building in the country,
an ideal building.
BOSSES IN THE SENATE
Lafolette's Magazine on Man
nor of Legislation
Says Legist
S!a?VthCn nitftatcs
itrdllcd by Committees
is Control
Bosses Control the. Committees
Less Than a Dozen Dominate Leg
islation in This Country.
(By Leased Wire to The Times.)
Milwaukee, Wis., Jan. 22-Here is
what Lafollette's magazine says of
the United State's senate in this
week's issue:
"Legislation in the United States
is controlled by committees.
"The appointment of the commit
tee is controlled by a party caucus.
"The caucus is called at the begin
ning of each congresss to organize
for control.
"The caucus is composed of a few
bosses, a few independents, and
many cowards and followers. Tlie
programme of the bosses Is arrang
ed In advance. It goe3 through with
' i l: t a I. h i,. A boss Is madj i lialr
man and authorize! to anniunce i
-'wmmltte; on committees. Tho other
mcir.bc:!: of this committer aro the.
more amuo.iou . cowards anil follow
ers who hope some time to be sen
ate bosses. .
"Less than a dozen bosses domi
nate legislation in the United States
senate.
"Who- are these bosses? In the
order of their control one acquainted
with the business of the senate would
name them as roiiows: Aldricn,
Hale, Elklns, Cullom, Galllnger, For- i
aker. ..
Do they rule because of their su-
perlor mental endowment?
"Far from it. They are not merit
' ln ,l"e mxaln arj "J"118 nn
I ordinary lot. No ; they are the pro-
. , . ..,.,,
WHITE'S CHURCH
Atlanta, C5a., Jan. 22One hundred 1
younr people of the Second Baptist
?, ,'TT,, .. -rw iZZZ
hBv hennmn rPnHV intnmtnn in thrt
' Cleveland Movement and they have
plodged themselves to femulato those
' "re striving to walk in His steps.
! ina vem ' rai1B1 lo
Dr. White will deliver two sermons
Sunday mornln on the movement.
. . .
New York Fogbound.
New York, Jan 22 New York was
shrouded all night and today in one
of the thickest winter fogs ln years,
Down the bay and on the rlvers It vuis
.... .... . .... . . .
like a blanket, and pilots nad tne
greatest difficulty in picking their,
MOVEMENT IN DR
jway.
THE SOLICIT!
SALARY BILL IN
SENATE TODAY
Senator Ormond Introduces
the Bill to fut Solici
tors on Salary
THE MAIL FACILITIES
Senator Kluttz Presides Over Today's
Session of the Senate Senator
Ormond's Bill Referred to Com
mittee on Judiciary Senator Han
kins Presents Memorials of ' the
Daughters of the Revolution Ask
jug For the Erection of a Fire
Proof Building For the State Lib
r.-ry and Museum Other Bills In
troduced. The senate was called to order at
11 o'clock by Senator Whitehead
TI..11- ......
ajuuz, piesiueni proiem. ."
Rev. Mr. Lay, of St. Mary's School,
led the senate In prayer.
The committoe reported no correc
tions in me journal.
- New Bills Introduced.
The following new bills were in
troduced: S. B. 222, Senator Ormond: An'
act to place solicitors on salary and
to fix their compensation. Commit
tee on Judiciary. . .:..:,
I S. B. 223, Senator Hankins: A
! joint resolution relative to , better
postoffiee facilities in the iapitol.
1 Committee on Pnhlle Rnllrifn
Grounds.
I Senator Hankins also presented
memorials from the North Carolina '
for the erection of a fire-proof build-,
ine fm, (h hror ., mnaa
Referred to Committee on Public
Buildings and Grounds.
Senator Kluttz presented a peti
tion from the fire departments of
Salisbury asking for legislation In the
matter of the fireman's relief fund.
Referred to the Committee on insur
ance. ,. .
Passed Final Reading.
Bills were taken up on their final
reading and disposed of as follows:
S...B. 148, relative to allowing the
town of Marshall to vote bonds.
Passed its third reading, 36 to 0.
A bill relative to killing squirrels
in Chowan passed its third reading.
H. B. 91, S. B. 201: To amend the
charter of Kinston. Passed Its sec
ond reading, 36 to 0.
S. B. 88: A bill to incorporate the
Pee Dee Valley Railroad Company.
Passed Its second reading, 36 to 0.
S, B. 110: An act to authorize the
county commissioners of Rutherford
to levy a special tax for bridge build
ing. Passed its second reading, 36
to 0.
H. B; 222, S. B. 209, relative to
paying expenses of Drs. Bolton and
Gordon at the Tuberculosis Congress
at Charlotte. Passed its readings
without reference to a committee. .
, S. B. 59: An act' relative to build
ing sidewalks in Hendersonvllle.
Passed its third reading.
H. B. 14. S. B. 84, relative to a
township line m Alamance county.
passed
S. B. 186: A bill to confer police
powers on deputy sheriffs of Cabar
rus county in Konnopolis. Passed
and ordered engrossed.
S. B. 125, to amend charter of
Hendersonvllle. Passed its second
and third reading.
S. B. 49: An act relating to the
town of Greenville. Passed its sec
ond and third reading.
H. B. 30, S. B. 151: An act to In
corporate the board of publication of
the Western North Carolina Confer
ence of the M. E. Church, South.
Passed its several readings and or
dered enrolled.
II. B. 189, 8. B. 196, to appoint
justices of the peace ln Davidson.
Passed its several readings and or
dered enrolled.
H. B. 122, S. B. 125: An act to
reduce the number Of commissioner
of Beaufort county. Passed second
and third reading and ordered en-
rolled.
H. B. 68, S. B. 119, to permit the
Beaufort Land and Improvement
ComPany 1 mske cer'aln IniproV.
,ents ln Beaufort, Passed and or-
dered enrolled.
I Leavo of absence was granted to
Senators Scott, DaWes, Travis, Lock-
hart, Emplo, Doughton. Long of Ira-
dell, Long of Person, Brltt, Etarbuck,
and Martin.
j... ...
Bills Out of Order.
Unanimous consent was asfeed for
(.Cnotlnued on Flftli Pags.)
7