Weather. SECOND. EDITION Washington, D. C, Feb. 20 Fore cast for North Carolina, for tonight and Sunday; Fair tonight Sunday, fair; warmer; variable winds. ESTABLISHED 1876. RALEIGH, N. C., SATURDAY, FEBRUARY 20, 1909 PRICE 6 CT2TT3 AVERY COUNTY BILL IS SPECIAL ORDER Committee on Counties, Cities and tbWns Report This Bill ! vWIthoiat Preludice" FEW BILLS OF INTEREST Senator Kluttz Introduces Bill Pro hibiting Sale of Drugs and Nar cotics to Habitual Users of Such Progs and NarcoticsIt Is De signed to More Effectually Control the Sale of Opium, Morphine, Co caine, and Other Strong Drugs Bill Requiring Fire Insurance Com panies to Deposit Bonds, " Few bills of Interest were consid ered In the senate today. Senator Kluttz introduced a bill of some general Interest, prohibiting the . sale of drugs and narcotics. It Is de signed to more effectually control the sale of opium, morphine, cocaine and other deleterious drugs. The com mittee on counties, cities and towns backed down slightly in its position on the Avery county bill, which was re-referred to It Thursday, after a fav orable report. This morning It was reported "without prejudice". The bill was set as a special order for to day at noon. Another bill of general interest was one requiring all Are in surance companies to deposit bonds with the North Carolina insurance de partment for the protection of their contracts. The senate was called to order at SET FOR lb;.?0. thi morning with Hon. White head Kluttz, president pro tern, in , the chair. Dr. McC. White led In prayer. The journal "was reported to be correct Various bills were report ed from standing committees. - New. Bills Today. ' New bills were introduced today as follows: S. B. 1066, Senator Powell: To provide for the erection of a Con federate monument In Henderson. Counties, Cities and Towns. 8. B. 1067, Senator Elliott: An . act to provide compensation for va cant land granted by state. Judic iary. . S. B. 1068, Senator Elliott: To ap point justices of the peace In Ca tawba. Justices of the Peace. S. B. 069, Senator Doughton: To amend chapter 55, relative notaries. , Revlsal. S. B. 1070, Senator Love: To es tablish and provide for maintenance of graded school district in Bessemer City, Gaston county. Education. , S. B. 1071, Senator Peele: To pro vide for tax-collections after levies on real estate. Judiciary. S. B. 1072, Senator Travis: To amend law creating- the Salisbury , and Fnyettevllle Coast Line Railway Company. :: Corporations. S. B. 1073, Senator Kluttz: To forbid the sale of drugs and narcot ics to habitual users. ..- Jndtclary. S. B. 1074, Senator Love: To au- thorlze commissioners of Gaston to Issue' bonds tor erection of ail and court house. Counties, Cities and Towns.' . ' , S. B. 1075, Senator McCall: To allow, domestic bonding . companies . to issue their own bonds. Judiciary. S. B. 1076, Senator Doughton: To remove the county seat of Mitchell ' to the geographical centre of county. Counties, Cities and Towns. Passed Third Reading. S. B. To allow commissioners of Richmond to issue bonds, a B. To allow Greenville to is . sue bonUs. ' ' , 8. B. To amend charter of Aber V,J deen & Asheboro Railway Company. ... S. B. To enable Charlotte to fund its floating Indebtedness. - H. B. To allow Sahford to issue '. bonds, v r :: ' " j;-,'" - " H. B. .' To provide method to con ' demn lands for mills in Ashe, Alle- . ghany .and Watauga. J H. B. To amend 268, f Revlsal, relative to road law In Yadkin county, S. B. To authorize building of ma cadam roads by county commission ers of Mecklenburg In Incorporated ' towns. -r v.- ;"'?' H. B, To amend charter ot Mor ganton. : . ' ' , H. B. To relieve J. M. Davis, ex - sheriff of Surry county.; ' ." H. B. To validate acta ot a cer- t tain justice of the peace In Bertie. 1 H. B -To relieve T. N- Bates, ei--' sheriff of Cherokee. u V H. B. To encourage destruction -of lwwka and ola. r S. B. To require Are and casualty insurance companies to make de posits with the insurance commissioner.- . - '. . :' ' : ' - ' ' H.' B. To appoint J. H. Nowell a justice of the peace and allow him to practice law. " ; i H B. To prevent dumping saw duct in Jackson county streams. H. B To provide for better work ing of roads In Currituck. : . S. B. To change Phillip's Gap road, In Wilkes. S. B. To establish a special court for Rowan county, with civil and criminal jurisdiction. Avery County Bill.: The Avery county bill, which was set for noon today, was postponed till Monday, at 12 o'clock, on motion of. Senator Doughton. ; Passed Third Reading. H. B. To authorize building of a stock law fence in certain townships of Harnett. H. B- To prohibit public drunk enness In Yadkin county. S. B. To allow Gastonla to con demn land for cemetery purposes. H. B. To amend law relative to the duties of clerk of superior court of Yadkin. S. B. : To authorize New Bern to appropriate money to celebrate the bl-centennial of the founding of the' city.. H. B. To authorize bondsmen of W. B. Cooper, ex-sheriff of Tyrrell, to collect taxes. . ;,'"';' H. B. To allow sale of county home of Yancey and purchase of an other. II. B. To relieve an ex-sheriff of Cleveland. ' H. B. To release certain part of McDowell from stock law. H. B. To prohibit throwing saw dust in streams of Nash. ... ' H. B. To repeal law relating to stock law in No. 7 township, Craven. H. B. To prohibit public drunk enness in Brunswick. S. B. To compel express companies to make prompt settlement on C. O. D. shipments. H. B. To provide for election of cotton-weigher- for Union. ... H. B. To prevent depredations or mischievous live stock in Tyrrell. '.'' H. B. To prevent obstruction of certain streams In Bladen. H. B. To . prevent horses and mules from running at large In Pitt. H. B. To allow D. R. Noland, ex- sherlff Haywood, to collet back taxes.; An Inquiry. A large number of bills were rati fied by President (pro tern) Kluttz. In the midst ot these Senator Nlm- ocks arose to a question of Inquiry and raised the point that the presi dent pro tern could not, under the law, properly ratify bills. Mr. Kluttz was ready with information that tne point had been thoroughly Investi gated, and that the power of the pres ident pro tern to ratify billswas un questioned. ! The Solicitor Bill. On the suggestion of Senator Pharr the solicitor salary bill was made a special order for Thursday, at 12 o'clock. Passed Final Reading. H. B. To appoint a cotton-weigh er for Smlthfleld, Johnston county. , S. B.v To relieve sheriff of Moore. H. B. To prevent throwing of saw-dust in certain streams In Gra ham county. H. B. To allow sheriff of Madison to collect back taxes. H. B. To appoint cotton-weigher for Red Springs township,. Robeson county. . ; S. B. To prohibit the manufacture and sale of intoxicants in certain parts of Randolph. H .B. To regulate stock In stock- law territory, Lenoir and Swain coun ties. - '.'.'- v ';. Bills Out of Order. '; Bills were introduced out of order as follows: - S. B. 1095, Senator Elliott: To provide for a uniform ballot, known as the' Australian ballot Judiciary. S. B. 1096, Senator Pharr: An act for the relief of the commissioners of Mecklenburg county. Judiciary. ' S. B. 1097, Sentaor Clark: To reg ulate trapping In Bladen. Calendar, i S. B. 1098, Senator Clark: To im prove publlo roads In Holly town ship, Bladen county. Calendar. ' On motion of Senator Em pie the senate adjourned to meet Monday at 12 o'clock.' MOORE DIED BEFORE . HEMIS. FREEDOM News was received In the govern or's office today ot the death of Wal ter Moore, of McDowell county, to whom a pardon 'was granted yester day. He, died before the pardon reached-himi j. : ' -V- - Moore war serving a .four year Sentence for manslaughter. The par don was granted 6n account of the prisoner' extreme physical weak- abbs aDit JJJ health. ' ' CROWD LISTENS TO EVERY WORD WITH INTEREST Greatest Crush Since Cooper Sharps Case Began Was Witnessed f hisMorning SCENE SHIFTED TODAY The Frail Figure in Black und Little Golden-haired Boy Senator Car macks. Widow and Son-Were Again : Centre , of Attraction on rttate's Hide of Itoom, But Today the White-haired Man Across the Room Also Attracted the Attention of the Spectators. (By Leased Wire to The Times) Criminal Court Room, Nashville, Tenn., Feb. 20 rTlie greatest crush since the celeebrated Cooper-Sharp case began on January 20. was ,wlt nessed this morning when ' the de fense opened its case. As early as 6 o'clock, three hours before court was to have convened the crowd began to gather in the gallery and scon all the choice seats had been located.; At 7 o'clock the gallery was packed and the downaour to the lower floor be gan.. By S o'clock not a seat was empty and standing room wag at a premium. Hundreds of men and wo men, many of them having come miles to gain admission to the court room, were turned away. The frail figure In black and the little golden-haired boy. Senator Car mack's widow and son, were again the center of attraction on the spate's side ot the room, but today the Bcene had shifted somewhat and the white- haired man across the rooni also at tracted the attention of the specta tors. . It had become generally under stood that Colonel Duncan Brown Cooper would go on the stand first and for the first time siuco the day of the tragedy, would the lips of the defendants be unsealed and the world would know the Cooper version of the controversy which plunged the whole state into the throes of pnrtt sanism. Each of the spectators lean ed and listened, with the keenest in terest to every word uttered by the witness and his counsel. All were curious to see how this noted de fendant would meet the supremest test of his long and eventful career. At 9:20 o'clock two ot the counsel for the defense entered the court room and asked the Indulgence of the court for further conference of thirty minutes. This was granted. Robin Cooper Takes Stand Contrary to expectations, the first witness put on the stand was Robin J. Cooper, the man who fired the shots that killed Senator Carmack. Kvery one had been expecting Colo nel Cooper to be , the next witness. Robin Cooppr took the stand Shortly before 11 o'clock. Prior, to that time a flutter of excitement went through the court room when It became noised (Continued on Page Two.) ELIOT MAY SUCCEED AMBASSADOR REM (By Leased Wire to The Times) . , Memphis, Tenn., Feb. 20 The fact that ex-President Eliot, of Harvard University, would say nothing one way or another about a report that he Is to succeed Whltelaw Reld as ambassador to the court of St, James was taken here as a strong indica tion that the educator either enter tained a partially founded hope that he is to get the assignment or that he Is actual the Taft selection. Dr. Eliot came to Memphis to deliver a lecture at Goodwin Institute. JAPANESE EMIGRATION HERE WILL SOON CEASE V, t '' (By Cable to The Times) Viotorlal B. C, Feb. 20 News that the emigration from Japan to the Pacific' coast Is to be totally tor- bidden by the Japanese government at the result of recent agitation at Tokio, waa revealed on the arrival of the steamer Tangu Maru. Count Ko mura, minister of foreign affairs, la quoted as stating that the govern ment would not In future dispatch .migrant! to the Pacific coast.. BANK Of NEWBERN SAFE Book Officials Replace Every Dollar of Shortage J. R. B. Can-away, the Alleged De faulter, Given A Preliminary Hear ing Yesterday and Round Over to Court Vnder $8,000 Bond. Car roway Caught Accidentally. (Special to The Times) New Bern, N. C, Feb. 20 The preliminary hearing before United States Commissioner Chas. B. Hill of the case of; J. R. B. Carraway, charged with defaulting while in the employ of the Batik of New Bern, as teller, was heard, yesterday and .the defendant put uifder a bond of 1 8,000 for his appearance at the next term of United States .court here. National Bank Examiner Fred A. Hull was the only witness today, who said, on the stand, that he had found evidence sufficient, to make the charge of defaulting, embezzling, misappropriating and making false entries on the books of the bank. Mr. Hill said that the defendant bad admitted to him that he was short, that the amount stated in his admis sion was ?116,000 which he had taken from tlmti to time in aspace of about ten years. The defendant, said the witness, said ho had success fully carried oa this shortage by not turning in the; deposit tickets to be tiled. District Attorney Harry Skin ner represented the government and Wm. Dunn, Jr represented the de fense. '.The defense endeavored to bring out on cross-examination that Carraway had connected others with the .case In some way. Mr, Hill re fused to say either way in replying to the questions. He said he could not tell how mtjch had been taken from the bank during any one year since the defaulting had been going on." V . . ) " It is stated by some of the bank officials that almost a month will be required to get : through with the books and a correct statement can not be made untltthe work has been finished. ...1" ... - - -".'.'': The catching' up with Carraway was by a mere accident, the utmost confidence having been placed in Carraway by the officials. As was stated in court today by the cashier, Mr. George Roberts, Carraway had been teller of the bank for more than twenty odd years and his honesty was never disputed or anything suspiclon ed wrong with his accounts. In look ing over the books, for some-other reason, the cashier, Mr. Roberts, dis covered an erasement. This, it seems he had discovered on various other times, but in each of the other in stances Carraway had made an ac ceptlble excuse. This time Mr. Rob erts took interest in his actions and went Into questioning Carraway. Finally Mr. Roberts told Carraway that there was something wrong and that he (Roberts) must know what it was. Mr. Roberts had cornered him so close that Carraway broke down and told what he termed to be the facts In the matter. The explanations of Carraway were to the effect that he had allowed cer tain friends in New Bern to overdraw to Buch an extent that he was afraid to Btop them for fear that they would expose him and only shorten the time before he was caught up with; that he had made the entries In the be ginning and the people would not come up with the money. National Bank , Examiner run stated in Court that the bank officials have replaced every dollar of the shortage that might be discovered. When the bank examiner has fin ished his investigation, and he pro poses to go through the bank's books and make a thorough examination, the officials will then employ experts to go over the same work and com pare their findings. About $20,000 of the shortage was recovered from Carraway In property and stock Interests, besides a small amount of cash. , , The confidence displayed In the bank by the people of New Bern Is a source of gratification to the officials, Nat an account has been withdrawn, a condition rather to the contrary- Is the deposits have In sotne cases, beett Increased. $21,000,000. BOND . ISSUE BY SOUTHERN New York, Feb. 20 The Southern Railway Is expected to announce an issue of $21,000,000 In development and general four per cent bonds shortly." The t-onds will be Issued to meet the $16,000 000 of S per cent notes of the company now outstanding, which mature April 1, and to finance improvements which are - contend plated. ' , THE ATTORNEY GENERALTO GET A LAW CLERK Bill to This Effect, By Mr. Turiingtoi?, is Ratified in the House ELECTROCUTION BILL The Bill For Changing the Manner of Kxecution From Hanging to Elec trocution AVus Taken I'p and Read in. Pall Bowie ' Wanted Bill Set For ' Next Wednesday as Special Order Mr. Hayes Hoped That the Matter May be Considered Today. Bill Went Upon Immediate Consid erationMany Local Bills Intro duced. The fortieth day of the house of , representatives of the North Carolina General Assembly was called to or der at 10:30 o'clock today by Speaker! Graham and the morning devotions were conducted by Dr. W. C. Tyree, pastor of the First Baptist church. The journal of yesterday was stated by the committee to be correct ly recorded, and the same stood ap proved. Calling for petitions, memorials and communications, the following were sent forward and read: By Koonce. As to oyster law; by Cox, of Pitt, against stock law terri tory; by Morton as to oysters In Pam lico. The call of the committees brought forth the usual number of reports. By McDonald, of Moore: To al low Southern Pines to issue bonds, . By Gordon: ' To issue bonds to fin ish work for Insane. By Gordon: To prevent advertis ing and sale of concoctions to pre vent conception. By Koonce: As to use of state lands for experiments. By Hampton: To protect musk- rats in Currituck county. By Majette: For relief of certain live stock districts in Tyrrell. By Morgan: To amend law as to roads in Pasquotank. By Crawford: For relief of W. H. Hogshead, a pensioner. By Everett: To amend the law as to cotton weigher at Laurlnburg. By Parker: To allow dispensary fund to go to school fund. By Parker: To amend road law in Jones. ,; , By Lovelace : To regulate salaries of officers in Cleveland, By Lovelace: As to graded school In Shannon. By Smith, of Harnett: As to tax In Hector township. By MeNeely: To change line of school district in Union. By McLeold: To increase pension tax to six cents. By Bryan: To establish a recor der's court for Edgecombe. By Fagg: ', To promote good roads in Sauratown township in Stokes. By Bpwie: To correect a call in grant. By Bowie: For relief of pension ers. By Taylor (by request: To make a new charter for Southport. By Cook: As to good roads. By Crumpler: To amend the law as to Sampson ' courts. Bills Ratified. The following bills have been rati fied and sent to the secretary of state and are now the law: To establish graded schools In El- kin. To amend the charter of Black Mountain. To supplement Smlthvllle township roads fund in Brunswick county. To allow bond issue and tax levy iq Carteret. To amend revlsal as to licensing physicians. To allow Brevard to Issue water bonds. To amend the law as to courts In Onslow. 1 Message from the senate was read and referred to the proper authorities.';..;,--' -:,:.': ' Leave of absence was granted to Kllllan, Snell, McLeod, Parker. Al brltton, Underwood, Barnes of Har nett,' Pickett, Cotton, Bmith ot Dur ham, Lemmond. The prlvllegee of the floor were granted to General Royster. The morning hour having expired the bill for changing the manner of execution from hanging to electrocu tion waa taken ud and read In full. Iv Mr. Bowie moved to have five hun dred copies printed and set tor next Wednesday as" special order. ; . Mr. Hayes hoped the matter would be finished now. Mr. Underwood hoped the bill would be considered now. The bill to allow prisoners in jail to work on the roads, applying to An son, Edgecombe Scotland and Har nett, was called up and Mr. Kltchln moved to adjourn till 11:00 Monday. Mr. MeNeely amended by making it 2:30 today. Mr. Graham begged for the motion of Mr. MeNeely to be voted for. Mr. Kitchen withdrew his motion and McNeely's motion prevailed. The bill was then put upon Its third reading and Mr. Smith sent an amendment withdrawing Harnett. The amendment to add Cumberland was, on division, carried by a vote of 1 2 to 45. Mr. Morton made the point that there was not a quorum voting. The chair ruled that the point was raised too late (a quorum was pres ent). Mr. Morton proceeded to discuss the bill. Mr. Bryan asked if the law did not make it optional with the prisoner? Yes, said Mr. Morton, but the law does not allow a man to even plead guilty before grand jury acted. Mr. Grant asked what would be come of the prisoner if he wanted to go home? Mr. Morton said he thought he could go, and a guard that would shoot him ought to be convicted of murder if he fired on such. Mr. Morton said it was wrong in principle, even if it did pass. Mr. Smith, of Randolph, withdrew his county; so did Swain. Mr. Henderson Bald the principle of a man serving time on roads be- (Gonllnued on Page Two.) BURIED BLADE IN GIRL'S NECK (By Leased Wire to The Times.) Chicago, Feb. 20 In the presence of throngs on their way to work to day, a young man stabbed an uni dentified girl,; apparently., .seventeen years old, In the face and neck. The attack took place at Oak and Larra bee streets. The girl, who was a pretty brunette, was passing the cor ner on her way to a street car when the youth leaped out, brandishing a knife. Many others were close at band but before they could interfere the assailant had rushed forward and buried the blade in the girl's neck. The crowd pursued and captured the assailant, who was taken to the Chi cago avenue station. SILVER LOVING (By Leased Wire to The Times) Washington, Feb. 20 Senator Foraker, of Ohio, will be given a tes timonial by the negroes of the United States at the African Methodist Epis copal church in Washington on-March 6. A silver loving cup, which has been purchased by popular subscrip tion from negroes will be presented to him. -' TWO AND A HALF CENT RATE IS ELIMINATED (By Leased Wire to The Times) Columbia, S. C, Feb. 20 Consid erably amended, the Graydon-Smith rate bill today passed the senate and was ratified, a motion to postpone In definitely being voted down, 2 to 1. The provisions making 2 cents the maximum passenger rate was elim inated. The bill provides that con ductors must accept on trains mile age from books sold for 2 cents or less per mile. The traditional forty davs session ends tonight, but there will be an- I nfhof vraar in this eoaalnn t li a nrn.! ' htbittonlsts having refused to permit j the supply bills to be taken up until their state-wide prohibition blls should have receved consideration. STATE EXAMINER CLOSES THE BANK OF CARTARET i - The corporation commission has re 'celved information that Mr. J. Kemp Doughton, state bank examiner, has taken charge of the Bank of Carteret, at Morehead. . No particulars have been learned as yet. CLIP FOR FORAKER TERRIFIC GALE PLAYS HAVDE WITH STEAMER 1 f5. " t Strikes Rock With Such Fcrce 1 ,Tiiat Side Was Caved in Like Paper CREW FINALLY RESCUED Whether the Steamer ' Got Oat ; of Channel Through a Mistake of Pilot or Waa Blown on Rocks Hoa Not Been Determined Wind So High and Seas So Dirty That Re lief Boats Could Noe Reach. Her Side Rescuers Eventually ? Woo Out. 1 ' ' (By Leased Wire to The Times) Bridgeport, Conn., Feb. 2 01 After pounding about on the rocka off the. outer breakwater here for more than three hours last night, the steamboat John H. Starin, of the Starin Line, which ran aground at 11:30 o'clock, went to the bottom at 2; SO thia morning and it is believed, she ta, V ' total wreck. . ; ' iThe Starin, which was commanded' by Captain Dampley, and which car- , ried a crew 6f twenty-two men, left 5 New Haven last night for New York' with a cargo valued at about $10,000. A number of passengers were; book ed to sail on the Starin but because -of the storm of yesterday; they, can celled their passageV The Starin en-' countered a terrific . gale' and, -high seas early in the night. At times the 1 wind blew sixty miles an hour and" ' the boat was tossed about until tn!i cargo was disarranged and men in the crew became sick. v w ";r-i Passing the breakwater here waves were rolling over the Starin's decks and the vessel was tilted by the gale.- Whether the Starin got out ot ta ' channel through a mistake ot her pilot, or was blown on the rocks, haa not been determined. She struck the rock with such force that her aide was caved in as if it had been so much paper. Water rushed in Ilk a. torrent.' ' ;'.;-7: iv': Alice Bouton, the stewardess, and : the only woman on board, waa lying on the floor of the women's cabin, She was seasick and hardly able to care for herself, when water covered her body. She regained her feet and reached the upper deck. There all was confusion. So high was the wind and so dirty the seas that relief boats could not reach the side of the Starin. The crew of the Sarah McWllllams volun teered to attempt the rescue by dor-' ies. Many times they were "beaten by the gale and sea in their fight to gain the Starin, but eventually won out. They found the Starln'a hold half full of water and waves break ing high over her. ;: The stewardess and the crew were transferred to the small boats and then the officers were taken off and landed on the breakwater, from which they were Anally rescued by the Royal and taken ashore, where It was found the stewardess was In a state of collapse from cold and expos ure. She was hurried to Bridgeport Hospital. THE CALHOUN SOCIETY DEBATE. Will be Held at Academy February , 22nd. Oyster Supper. (Special to The Times) Cary, N. C, Feb. 20 The Calhoun Society will offer a public debate at the Academy Monday night, Febru ary 22nd. County Superintendent Judd will also speak and the music and elocution classes will entertain free, after which oysters and refresh ments will be sold, the proceed! to go to school Improvements. A big crowd is expected and everybody la Invited. . . ' i Mr. J. B. Jordan says Mrs. Jordan! writes that their son, Oeorge, who has been very ill with typhoid fever for two months in Memphis, Tenn., Is now out of danger and improving, fast. " - : - LABOR LEADERS INDICTED. Charged With Conspiracy la Calling Off Strike. Chicago, Feb. 20 Martin B. (Skinny) Maddeu, president ot the Association Building Trades, and M, J. Doyle, business agent of the elee trlcal workers' union, have beea In dicted by the Cook county grand Jury The Indictments charge Madden and Doyle with conspiracy to extort, mon- nv in cnnnartlnn with (ha nallinar nlf I and settling of strikes. .. 1 ' ' - $ !