Weather. Washington, D. C, Feb. 1? Fore cast for North Carolina for tonight and Friday: Warmer and partly cloudy tonight, with rain In west. ESTABLISHED 1876. RALEIGH, N. C, THURSDAY, FEBRUARY 18, 1909. PRICE 6 CENTS AVERY COUNTY BILL FAVORABLY Three Surviving Heroes of Big Bethel. PISTOL HOLDER FOUND IN SEN, UNCHECKED IN CONFERENCE IS SECOND. EDITION' ORATORY FLOWS CONSERVATION THEHOUSETODAY Say "Fish" and You Set Them All to Talking Briskly WEI) TO ADJOURN Thirty-Klglith Day's Session of the House Mot at 10:30 O'clock Service Conducted liy Rev. .Bight tY Moore -Many New Bills Intro duccd unci Calendar Bills Acted Vpon The Unfinished Business of Yesterday Conies and Provokes An Kxtcnded mid Very General Discussion Talk of Adjournment to Consider the Mutter. The thirty-eighth day -of the North Representatives was called to order at 10:30 this morning by Speaker Graham, and the morning devotions were conducted by Rev. Hlght C, Moore, editor of The Biblical Recor der.. ' The Journal of Wednesday's ses sions were reported as correctly re corded. On the call for petitions memorials and communications the following were sent to the clerk's desk and read : By Mr. Koonce: Petition asking appointment of W, A. Eubanks a justice in Onslow county. , l no can oi tne committees Drougnt forth the usual pile of bills reported favorably and unfavorably. The bill children was reported unfavorably, as well as was the bill to establish a reformatory for the colored youth. Leave of absence was granted He Idtughlin. v .,11111 Introduced. By Latham: To allow counties having no newspaper to adopt one. Ilv for nf VV'nka fthroel To allow Raleigh to lease the auditorium To equalize the assessment of prop erty. To erect State public buildings in Raleigh and to Issue bonds for 'Same. . By Julian by request: To appro priate $500 to mark birth place of Andrew Jackson. By Floyd: To amend the law as to probates and fees in Franklin. By Morgan: To adopt "Carolina" as the State song. By Braswell: To confer criminal jurisdiction on March termf Nash court. By Braswell: To amend law as to court stenographer for Nash and Wilson counties. By Smith, of Durham: To place W, J. Boon and W. W, Farrell on pension roll. By Myatt: To extend the corpo rate limits of Benson. By Myatt by request: To protect stock in vicinity of Princeton. By Lee: To provide for parole evidence as to streets. By Berry, of Bladen: To relieve sufferers from flood in Bladen. By Lovelace: To allow Cleveland county to issrte road bonds. By Crawford: To amend the law its to the Hlawassee railroad. To allow Clay to issue bonds for said railroad. By Hayes, of Chatham: To place Mary F. Perry on pension roll. To amend law as to classlflcation of pub lication of legislative proceedings. To prevent ; trapping and netting quail In Chatham. v By Gordon: To prohibit sale of cigarettes In two miles of Guilford ' College. . By Barnes, of Johnston: To al low Selma to Issue bonds. By Williams, of Dare:- To provide By Hageman: To aid Watauga railroad In connecting with the Car- (Jlllltt uuu yi uici u. By Slgraan: To protect rainbow trout In Western North Carolina. By Pickett: To Incorporate Ala mance Battle Ground Association. By Gaston: As to division or Ashevllle school funds. By Coxe, of Anson: To better the schools of Anson. By Campbell: To amend the law as to election of county boards of education. By Graham: To amend law as to elections In 'Stovall. To amend the law as to hunting In Granville. " To provide for transfer of one Martin from fourth to second class pension list. To amend the law as to tax (Continued on Pe Fiva.) REPORTEDTODAY Senate Committee Favors New County of Avery But is Re-relerrcd OTHER KAHlllS HEAR!); The Senate Met This Morning At 10:30 O'clock, "'Senator ' Ormond Conducting the Prayer Service Committee ltcports Suhstitiite tlill For the Original Avery County Bill But There Are Kew Changes Made On Objection the Bill Wan Ro-referrod and Will Come As a Sui'cial Order Saturday at Noon. The committee on counties, cities and towns this morning reported fa vorably a bill to create the new coun ty of Avery, out of a part of Mitchell county. The original bill providing tor this county was reported unfa vorably, Tint the commit tee substi tute is practically the same. The bill provides that Mitchell county of ficers shall retain 'jurisdiction', until the new county is fully organized. The governor is authorized to appoint iu due time a board of county com missioners, who will serve until their successors cm be elected. The bill provides that the county seat shall be at Llnvllle. Senator Doughton offer ed the report of the committee. Senator Uritt asked that the mat ter be referred to the committee that, certain citizens of Mitchell may be heard. Senators Doughton, Emple and Barrlngur opposed a re-reference. Senators Starbuck and Bassett asked for delay. On motion of Senator Bas sett the bill was re-referred to the Committee on counties; , cities ' and towns' and made a Bpeclah. order for Saturday at 12 o'clock. The senate was called to order at 10:30 this morning by Lieutenant Governor W. G. Neewlands. Senator Ormond led In prayer. The journal was reported to be correct and stand ing committees reported a number of bills. New Bills Today. New bills were Introduced as fol lows: S. B. 952. Senator Doughton. An act to prevent the sale and distribu tion of Impure and improper agricul tural seeds. Agriculture. S. B. 953. Senator Elliott. To place every ex-Confederate soldier on the pension list. Pensions. ' S.'B. 955. Senator Barham. To allow theWhlteville Lumber Com pany to build a railroad. Corpora tions;' S. B. 956. Senator Love. To amend charter of Bessemer City. Counties, Cities and Towns. S. B. 957. Senator Love, to se cure better drainage of Hoyles Creek. Agriculture. S. B. 958. Senator Burton. To amend law relating to fishing in Ons low county. Fish and Fisheries. S. B. 959. Senator Dawes. To regulate the appointment of receiv ers. Judiciary. 1 S. B. 960. Senator Love. To al low Gastonia to condemn land for cemetery. Propositions and Griev ances.' .:-'.. S. B, 961. Senator Love. To ex tend corporate limits of Gastoula. Counties, Cities and Towns. S. B. 962. Senator Long, of Per son. . To confer police power on dep uty sheriffs at Longhurst. Judiciary. Passed Third Reading. The following bills passed their tlnal readings: S. B. To amend charter of Bryson City.'. -, S. B. To amend charter of Row land. . 8. B. To Incorporate Bostic, Ruth erford county. H. B. To Incorporate Waltha, Pender county. .:,-''"'. It. B. To supplement. Smlthvllle township good roads fund. H. B. To amend graded school law of Hendersonvllle. H. B. To amend charter of Black Mountain, Brunswick county-"" H. B. To amend Transylvania road law, 8. B. To Incorporate Stantons burg, WllBon county. S. B. To fix per diem of Mitchell county commissioners. . H. B. To amend lav relating to holding courts In Onslow. H. B. To amend law relative to licensing physicians. H. B. To incorporate the United Hons of Hyde Lodge No. 1. t (Continueu -on Page Two.) t ' Slessrs. K. II. Bradley, John 11 '.'Thorpe .and R. H. IJirks, tiie siirvK in.;; eoiiirades of Henry L. Wyalt..'-Mr. Bradley Is the Marshal of Hie Siiprem c Couet, -which iiiisllion fie h:is held ( w (hirty years. .Mr. Kicks is a pi'om iililit farmer of ash coiinly, and Mr . Thorpe is eminent III t lie iiiisieess li le of Itoeky Nruniil. THE SIX HEROES OF BIG BETHEL Henry L. Wjall's Surviving Comrades Want Monument Erected in His memory ONLY THREE KOW LIVING John H. Thorpe, It. 11. Bradley and R. H. "Ricks Heart i'y Favor the Ap propriation for the Krcctioii of a Suitable Monument in Honor of the Memory of Their Fallen Comrade, Henry L. Wyatt Bill Xow Pend ing in Legislature Thorpe,' le scribes Wyatt's Death. At the buttle of Bis Bethel, on.JuiV! 10th, (.'ol. D.H. Hill "'called' fur volunteers to burn a house, 'which af forded .protection -'to "Federal .sharp-' shouters. Six gallant tur-heels, who in the glory of tlieir young inunhood days, in the pride of their strength, were built like the strong oak that fixes Us roots deep In the 'earth, like the tall cedar that lifts its head far 'above the trees of the forest men who Mired no danger anil felt no hardships respond ed proiiiptly to tho call, willing to give their life in tlie service of llnir coun try. One of this sextette of heroes fell midway, pierced in the forehead by a musket bull. Henry 1, Wyntt Is the name of this brave solilier and devoted patriot. . Of his five surviving companli'Iim, wlio were daunted at no obstacle, who faced death at the cannon mouth upon many battle Ileitis, two have been borne to the open grave and their mor tal remains cone down to the tongue- less silence of the dreamless dust, from whence they came, with the solemn saying, "earth to earth, ashes to ashes, dust ,to dust." Only three are now awaiting the coming of that incessant ' traveler, who, with scythe in hand and silent tread, goes on harvesting fi'akiit life in!., it i.riiil V lllee hl'ok images of the glory of our lost cause, ! Aldefnieii,' I In n I would suggest that These remaining comrades nl' I Icnry ho sign his '.printed articles in order I Wyalt. are It. II. Hr.idley, of Hal- jthat the real citizens may under elgh, and John II. Thorpe and I!. II. (stand the com iniiance of the disctis Itleks, both of Koiky Mount. .".Their 1 Ljo . ...,.1 -w ( l;,t if is not out' clH- plctures Will be Seen elsewhere ill this isiuie. . Willi one accord have they given their hearty support to tlie move ment now 011 foot to civet a suitable monument In honor of the memory of their fullcu brother. The state Is only asked to appropri ate $-'.500 to this worthy cause, which, if carried out, will not only perpetuate the memory nf the llrsl to yield his ,' life upon the llvtrt of battle In defence nf tile Southern Confederacy, but will j afford a great convenience to the tired 1 and thirsty wayfarers. A bill providing that tlie sum of two thousand live hundred dollars In- ap-1 pronrlateil to aid In the ereeiion of a I monument lo Henry V. Wyalt, lu Cup- jltol Square, . liiilclgh. North -Carolina, .to be available wnen a nae simoinii ; 'shall be raised for such purpose by pi t- I 1 . vutn uiiliui.i-liillon or iitbel Wise. lias I been Introduced In the general asseni- ' could not, :. neither would I at bly, and upon which there has been! tempt to debate electric arc : lighting, I no repnr made nn yet. This bill has j with the Kleclric Company, but 1 met with general approval throughout j reservo I ho right of claiming to know I North-Carolina and it should be pass- (le wHi,es of the good people of Ral 'ed without the slightest hesitation. o(h f(.om tmpnrtlal ' standpoint J It will be of lnterst to know that In a1(, th)J ()f the w ' , HCl .(nulling uvrr 1111 uiwuhim few moments 'before bis death, Wyalt was Just between Messrs. Thorpe and j (Continued oil l'uge Three.) p -: a il I' - f f CP 1 VI III IIUtlJ S.iys l!iilci$li Can (,'et Same Ijitflit An Km hum I'or $2. liiirlumi I'ays $1:0 Writes l''roiii t:ii;ut i.il -View and as Ol'lieial of the t'ity. To the lOditor of The Times:" lu justice to myself I desire to deny tin; truth of thi) 'Statement that I '-at tempted to array 'the people, of UtileiKli' nsalnst' the Strict Car and Lighting. Company. This .charge is without foundation and-Is made by one (Citizen) who doejipt sign his name. -.'.'... -VJiS."" -;.(''" I note tlie -first ilaraRraiih of the1 "Citizen's" reply: "I have read with interest the article signed liy 'Horace U. Dowell on tlie siibjeet of gas illum ination,'.' etc. if the 'Citizen"' iu question had not read the 'article.' with.. interest Avould he be 'faithful to ihe interests he rep resents? When an issue is adopted by the board of aldermen which is not in the strictest 'accordance., with 0110 mail's personal interests, then 1 think this certain one man should slate his remarks over' his personal signa ture as 1 did. and not disguise him self as a solely disinterested ''."Citi zen" -and one having absolutely notli- iug hut the city interests in mind. ! ;.:' As the question was .publicly ask- td 1 desire to answer in the -.sumo to say to Mr. Can- that ,.,,,,. .....i I am conversant with the city's lighting contraer and when ! say they, refused flatly ihe order for 1 " arc lights 1 mean exactly what 1 say. This older wits given them with the provision Unit a part of these lights were to he installed on (loose neck poles, said poles to be purchas ed at the company's expense. Under our contract we could not force them into an acceptance of this order and if .Mr. Carf knows the ('contract he can not deny this fact, 1 do not" care, neither do I intend to enter into a mud slinging cont ro- 1..... ...t... . M w.....i .1 . ('l.s,, IMll. n IU .1 ..'II. V til I , t uiinnn 1 " tin; his connection'.-with the Kleclric C'oniiiany, takes ii upon himself to '(liiicize the action of the Hoard of .ens who fail lo approve of our ac tions, lull one who Is directly con nected and who.f personal Interests are on the other side. It Is true that Durham' only pays $25.00 iter year for tlie gas light, but I .understand this Is only 1-Ti candle power. If this lie true, then our city can got' 1 he .same, light--1 25 ciindlo power for ? 2:'.. 00 per year. There is no Chinese wall around t ho city of Italelgli ami as lit) evi dence of this wo could not. do bet ter than to advertise the city's courtesy and willing assistance giv- . en tho eli ! t)u)' jj. lectric people, encouraging line extension. We have cheerfully withheld every 1 I' I (...,.. ! '"" """'I' accordance. : IIOHACK U. DOWI'.I.L. i ISulolsh, . C, Feb, 19, WO!). AT .NEGRO SCHOOL Second Day's Session ol the Conference at Tnskegee Normal Institute HEALTH CONDITIONS Special Subject For Discussion Today Was the (ienci-al Health Condition of Negroes in the Southern States. Physicians, Ministers, Teachers and Laymen in the Small Towns Surrounding Tuskcgec Were Invit ed to Hear Lectures and See the Ivvhiliils Other (Questions Dis cussed. my. 1. Tusk.-g. used Wire to The Times.) lnsliiule.. Ala., Feb. IS.- tlepreseiitatives of schools and colleges mure than 200 iu diffcivhl purls of tlu'-: south' at tended the second day's .ssiiiii in 1 lie TusUegec negro conft'l' eiKc. The- meeting today, known as the "Workers' Conference,-:', is a- sequel of-i the meeting yesterday, which was a 1 1. ended by negro farmers : from' the conntiy districts and from many parts of (lie south. The. .special subjeci of discussion to day wi:s tin' gi'iieral lieiilili condition of .negro;-' in tie; southern stales, tin I lec' iiibcr II .lust- a tuberculosis con gress, under Ihe direction of 'the 'na tional tuberculosis association. was: held tor on" week at Tuskogec Jnsliiute. I 'hysieians. . teachers,, ministers and laymen in the small tow ns surrounding Tuskogec "were invited in to hear the lei-tines and to see the -.exhibits, 'I'll - subject of Important Interest --at the 'meeting was-the'.-report of Profes sor Monroe N. Work, who has been making' a study (if the w ork and iiillu- ellee of. the TllskcgeC 1 list it lit c il IllllUg the rural e oiilniuiiit ics williina radius of twenty iir thirty miles -around the school. V During " ilie past II eirs iu si hool d'slricts new s: hool houses have been i reel id and tlie people laiscd for school purposes $:t.;sn.l2i'-., . 1 uhcr per-1 sons d.n-cribed the "Mothers' Meeting," lie; dcuioiiM ration- fariniiig work, the work .."of the farmers' newspaper. The .Messenger,, which is used to a certain cxlciii in the rural schools as a .supple- in. nta rj reader. I 'art irularly liiteivsl illg was the deScriplioll of the model sellout wh'iii has started a few; miles 'from the'"' Institute." The school is at prcsi iil in the experimental stage. The intention is to make it a rural home. All this wink is to lie a tried on un der tin' general 'oversight and direction of I ho 'people at the Tilskegce Institute, It is hoped to demonstrate lha it is licnper and easier and iu every way nioie protitalile to carry nil Hie school work Fit connection with Hie household duties and w (Hi agriculturiil work than il is t,i carry on the work of a school iu the old fashioned way. Tile niem liej's of the fVkelli' eoiifereiiei' were invited to visit tile school and to keep truck of tlie experiment' as It .devel oped from year to year. Is Erecting ! Miignillccnt Hesldem-e at Cost of More Than ISt,000,0M. I Hy Leased Wire to The Times) Middletown, N'. Y., Feb. 1S-K. H. Harrlniaii, who is erecting a niagnili cenct residence nt Ardcii, Orange county, at an est iniatei! cost of $il 0011,000, decided to add another large wing to his houso. NOW IN SESSION Canada, Mexico, and United States Confer on Promotion ol Mutual Welfare CAL1 ON PRESIDENT North American ConsiTwition Con ference Called by President Koose velt Met This Morning in Washing, ton Commissioners Were Present ed to President by Secretary Ita coii tiill'osd I'inchot Made the Address of 'Welcome Keception by President Uriel and Informally. 1 Commissions Take I'p Their Work in Earnest This Evening.' , (By Leased Wire to The Times) Washington, Feb. IS The North American Consenation Conference called by President Roosevelt,; throurjii invitation to the govern ments of 'Canada and Mexico began its sessions here today. The confer ence is held to consider the mutual interests 'of Canada, Mexico and the I'nited States involved in the conser vation of the natural resources of the three countries and to deliberate upon a general plan -.to promote and con serve the mutual .welfare- of the gov- eriiments concerned. Tlie Canadian commissioners arelby two. of the attorneys for the de Sidney Fisher, Canadian minister ofjfense one day in his absence. The agriculture; Henri- Belland, member j st.;lbbard was found in the rlght of the Canadian parliament; Robert hand overcoat pocket of Senator C. Young, and Clifford Sifton. Mex- i Carmack vesterdav afternoon hv Em- ico sends Roiculo Escobar. Manuel A. J DeQuevedo r.nd Carlos Celier. The United States commissioners appoint-l ed by President Roosevelt are Secre tary Bacon, Secretary Garfield and Gilford Pinchot, chief forester. Many members of the national conserva tion commission - are in Washington to attend the sessions of the' confer ence. At 10 o'clock this morning the president received the , Mexican and Canadian commissioners in the east room of the wnite house. They were presented to the president by Secre tary Bacon. .'.The reception was in formal and brief. At its conclusion the conferees proceeded to the state department, where, in the diplomatic room the first session was held. An address of welcome was made by Gif ford Pinchot, chairman of the Amer ican delegation and brief responses made by tha visiting commissioners. This afternoon the conference will take up its vorii in earnest. The evenings of the delegates and visitors will be occupied with various social functions. The commissioners will attend a brilliant army and navy re ception tonight at the white house. The president is to give a luncheon tomorrow to tho commissioners. The conference p-obably will .."adjourn on Saturday. FLEET MING ( Hy I .cam d Wi re to The Times )" '. on Hoard the -Flagship Connecticut, Feb. is, -The position of the Atlantic fleet is latitude: lit. 27 north, longitude 57.57 west, nil! miles east of Cape Hi m y. Tlie .Maine, New Mississippi and the A mold's sipiadroii, licet, Tlie weather Meet is proceeding line of sipiadrons. Hampshire, Idaho, Salem of Admiral have joined tlie Is good and the In the formal ion With fair weather the fleet should arrive oil' the capes on the evening of February "1. GOV. DAWSON WILL LOOK TO LABOR'S INTERESTS (Hy Leased Wire to The Times.) Wheeling, W. Va., Feb. 18. Governor ; Dawson has accepted President Koose vcll's offer of a position in the depart ment of coniniei'ce and labor, to Inves tigate labor and commercial conditions in Chicago and Japan for the govern - '"'nt. ., The appointment was proffered when Governor Dawson was In Washington last week. The position pays $15 a day and all expenses for himself and family. He will leave with his family will probably bo absent three years. HAMPTON ROADS CARMACKSCQAT Undertaker Says it Had Been Put There Since the Killing PROGRESS OF TRIAL Pistol Scabbard Found in Senator Carmack's Clothes Yesterday, But Prominent Undertaker Who Hurled Him Said He Had Examined Clothes Very Ourelully After Shoot ing and That There Was Nothing in His Pockets Said Two Attor neys For Delense Examined Clothes One Day During His Absence. (By Leased Wire to The Times) Criminal Court Room, Nashville, Tenn., Feb. 18. The Interesting question as to how a short rubber pistol scabbard happened to get into the clothes of Senator Carmack after his death, was sprung this morning at the Cooper-Sharp trial. Plnley M. Dorris, , prominent undertaker. who burled Senator Carmack, the first witness this morning for the State, testified that he had examined the clothes of Senator Carmack twice very carefully and found no such rubber scabbard in the clothes. He said the clothes had been examined bahner. W. G. Jones. The scabbard was produced in court this morning. it s about four Inches long, 3 inches wide, and appeared worn from ubb. A ref rrnwit vbb In tho nnnrl room this morning when the trial!' was resumed. V Witness Will Murray, of Dorris. Karsch & Company, undertaken, stated that General Washington, one of the counsel for the defense, In ex amining the clothing of Senator Car mack put on the overcoat of the dead man, ran his hands In the pockets the first thing, and then brought out the scabbard. Patrolman Robert Vaughn was next placed on the stand. He ex hibited the Colt's automatic pistol with which Senator Carmack was shot three times by Robn Cooper. The weapon was number 40,396. There were six steel packeted 32-calibre cartridges taken from the gun. Two of the steel bullets cut from Senator Carmack's body were produced. They tallied in size with the remaining six cartridges. A third bullet that shot Senator Carmack in the back of the head has not yet been produced In court. Further examined, Policeman Robert Vaughn said he found the cartridge tallying in calibre and make to those taken from Robin Cooper's pistol. He found the shell a yard south of the telephone post by which Senator Carmack fell when shot. While this witness was on the stand, Juror F. O. Berman, asked permis sion of Judge Hart to ask the police man a question. It was granted. The juror then asked the policeman how many times the automatic pistol shot. The witness said It carried nine cart ridges. The officer said he had been on the force eight, years and this waa the first one of tJils kind he had ever taken off any one he had arrested. Dr. Rufus Fort, who conducts Fort's Infirmary, into which Robin Cooper was brought when wounded, was the next witness. He said Robin Cooper had a bullet wound In the right shoulder about the collar bone, half way between the shoulder joint and the neck. The bullet grazed the skin from toward the center of the chest or neck before entering. It did not strike any bone and did not have any exit. The witness dressed the wound, but did not probe for the btillet. While Colonel Cooper and Robin were In his infirmary the col onel called up several persons. One of them was his daughter, Mrs. Burch. The witness, heard Colonel Cooper tell Mrs. Burch: "Daughter, it's all over; Robin has killed Car mack." ' Colonel Cooper said Robin was wounded. The witness told the colo- , nel to tell her that the wound was I not dangerous. The witness did not reniember hearing Colonel Cooper "Doctor, don't let anybody else . . , , , . . ,A erf un'e88 11 8 n oc; I don't , want ,0 8noot anybody else." i Court adjourned at noon until 3 I o'clock.

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