Weather.
BICOND.
Washington, March 8 Forecasts
for North Carolina for tonight and
Tuesday: Rain tonight and Tuesday;
warmer tonight; colder Tuesday.
ESTABLISHED 1876.
LAWYERS IN THE
MURDER TRIAL
BEGIN SPEECHES
Colonel Fitzhugh, Life Long
Friend of Carmacb, Opens
the Argument
SCORES COL. COOPER
Groat Crush Attends the Oix-ninR of
Hie Cooper Triiil This Morning;
People Began to Gather as Early
us ::) O'clock and hy O'clock
Kvery Available Space in the Court
ltoom Had Ileen Taken and Many
People Were Turned Away -Capl.
Kitzhugh Opened the State's Argu
ment Before the Jury Scores Col.
Cooper. ,
(By Leased Wire to The Times)
.Nashville, Tenn., March 8 The
greatest crush of people since ' the
trial began were in attenilance this
morning to hear the opening argu
ment in the case of Colonel Duncan
H. Cooper, his son Robin Cooper, and
John D. Sharp, whose trial on the
charge of murdering former Senator
Kdward W. Curmack, has entered
upon its eighth and probably linal
week...;.; -"
Back of the table reserved for the
prosecution's attorneys, who will be
gin the argument of their case today,
the crush was unusually heavy. Largo
numbers of ladies were in the crowd,
which began to gather as early as
C:S0 o'clock. By 9 , o'clock every bit
of available space in the court room
Jind been taken and many scores or
people had been turned away.
It was 9:20 o'clock when Captain
0. T. Fitzhugh, the eloquent Memphis
attorney and .life-long friend of Sena
tor Carmack, opened the slate's argu
ment to' the Jury.: The court room at
this time was crowded to suffocation,
every seat being taken and all the
open places were filled with standing
spectators. ,.
Captain Fitzhugh began by paying
the customary tribute to the Jury,
thanking them for their untiring pa
tience and their uniform courtesy
and attentlveness.
He then lauded the citizenship of
the dead man. He dwelt at length
upon the distinguished service to his
country of this son of Tennessee.
Captain Fltzhtigh then denned "mal
ice" to the Jury and said it could
ariso suddenly, in law and fact, or
could be the result of brooding, "as
it has been in this case," he added.
He told how the defendant, Colonel
Cooper, had been heard cursing and
threatening Carmack and said that
this showed that the colonel bore
'malice deep in his heart against Car
mack. ; '
Captain Fltzhtigh declared that
Colonel Cooper did not kill Senator
Carmack because of wounded reputa
tion, but he killed him because of his
fear of the truth and his love of ven
geance. The speaker asked how It was that
this man's name could not be men
tioned, "this man who had shaped
the destinies of a Btate, this man who
had made politicians, this man who
had pulled the wires. Jno. D. Rocke
fe'ler, J. P. Morgan and E. H. Harr:
man are not officeholders, yet they
are not going around killing men who
dare to mention their names in the
public press.
"This man who has injured all he
has ever touched; this lobbyist, this
defaulter, this professional politi
cian," exclaimed Captain Fitzhugh,
vith intense emphasis, "puts himself
ou a pedestal so high that his name
may not be mentioned even in a Joc
ular manner."
Captain Fitzhugh took up the edi
torials of which Colonel Cooper had
complained in order. The first was
October 21. In this one Colonel
Cooper had r.omplalned because his
nume had been linked with those of
cet tain saloon ineo. and gamblers.
"The only difference," , declared
Captain FlUhugh. "lay in the fact
that Colonel Cooper, a gambler all
h! life, had played for larger stakes
and bas never paid his debts with his
big winnings.
"The editorial of November 3,"
Bld Captain Fitzhugh, "did not even
mention his name, yet he took offense
at It because the machine was attack
ed, ftis attitude was, I am the ma
chine! I am. the state, and when you
strike the .machine you strike me.'
" "Where fas the offense in that un
let!? ' Colonel Cooper was looking for
It with jaundiced and malicious
eye?"
Captain Fitzhugh then took up the
editorial of Sunday morning, Novo in-
(Continued on Page Two.)
Secretary Frederick Carpenter.
.jWWWtv W -
w Ym
This is a picture of the man who is to (alio the place of Secretary
Loch in the White House. He is Fre derlck Cnrpenter, and has been Presi
dent Tuft's Secretary for n long time.
REAR ADMIRAL
SPERRY RETIRES
(fty lased Wire to The Tinier.)
Washington,- March H. Ucur ''Ad
miral Charles S. Sperry. who Was
coinmnnder-i'ii-chief of the Atlantic
tleet, on Its world tinny- hauled, down
his. flag today and Hear, -Admiral Kea.-r
ton Schroedcr sueceeili'd him. Ailmiral
Speiry will lie iiHstgniMl tn.ll'ie .N'avnl
War i il lege at Newport.
Hear 'Admiral Schiovdi'i' is one of the
best known officers of the navv. lie
is a 'brother-in-law uf ..Hear Admiral
Hieliaiil Waiiiwriht, of the lirst li
vlslon of the tleet, who many believe
will ''assume '--command of--the tleet in
a few weeks.
Hear Admiral Casper F, lioodrich,
comnmndunt of the New Vork navy
yard, will bo relieved on May 1.1, when
Superintendent Joseph Murdock of the
battleship Hliode Islaml, will ' sueewil
him. .'-.
The battleships Kentucky, Keursnive
and Illinois will be replaced in the At
lantic Meet this week by the New
Hani pshi re, Idaho and Mississippi.' "...
YALE GRADUATE
(By Leased Wire to The Times.)
Washington, : March 8'. It Is mi
nouncel that President Taft has de
cided to appoint as successor to Dr.
'rum, the colored collector of the port
of Charleston, S. C. over whose re-ap-polntment
there has been much con
tention In congress, a personal . friend
of the president named Durant, who
Is a well known .resident of Charles
ton and a. num. -of . large means. Mr.
Durant, 'who Is a Yalp graduate, was
married some yenm agi to Mrs. Urcgg
Chlsholm, a Widow well known In
South Carolina and Louisiana, .-where
the Chlsholm family Is highly connect
ed. Mrs. Chlsholm was a Miss Gregg.
It Is believed that the appointment of
Mr, Durant ; will be received with,
much satisfaction In Charleston.
THIEVES BREAK INTO
CRINKLEY DEPT. STORE
Thieves broke Into Crlnklev's depart
ment Btore lat night and secured $1.70
from the cash register, several shirts
and some shoes. It Is thought that
they entered ut the rear window. The
affair occurred Jimt after the crowd
had returned from the place from
which a false Are alarm hud been turn,
ed In.
Mr. Hlnnant, of the Rescue Com
pany, stated that he had Just gotten
Into bed, when he heard a window
glass fall out.
The robbers must have Ihhm bold
ones as they chose 10:15 as the time to
do their work,
UCEDSCRI
RALEIGH, N.
11.11 II. I Hi! IS
(By Leased Wire to The Times.)
ISatUtnoiiv AliJ.. i:'inli . After
three days and 'nights' effort by an
army of workmen, estimated at be
tween 10,1)00 and 12,000, and aided bv
'the ".warmer wen titer, Kalllmore is
again in commiiuieatlon wllh the re
mainder of the world by both wire anil
rail. Hundreds of telephone and tele
graph poles and hundreds of miles of
wire were destroyed and replaced.
Wrecked tracks -and bridges were re
paired, and the officials of the West
ern Union find T'ostal. the Hallimore
and Ohio, the Pennsylvania and West
ern, Maryland,- all report that trains
are running nearly on schedule time
and that messages are being handled.
No exact amount can be. given as to
los.-es but railroad officials .issue esti
mates running from" $1,500,000 to $:(,
000,1100. '...'',
Much cannot be said, however, of
telegraph facilities! Messages are be
ing Held and received, but It Is an
emergency service, and two weeks or
more '.must elapse Imfore conditions
are III'' same as they were before the
stojni of Thursday.
(Hy Leased Wire to the Times.)
-'Madrid, March $. King Alfonso of
Spain, was today hurled from a. speed
ing automobile"-as he was dashing
down a steep winding road near Se
ville, the car suddenly whirled and
dashed Into a stone wall.
The motor car belongeil to the Mar
quls Vlana, wiio accompanied . the
king. Alfonso's hosl was thrown sev
eral feet, being shot across the front
of the car and the stone wall. He is
reported to have escaped serious In
Jury. The king himself suffered only
bruises, u few cuts and u severe shak
ing up, It Is said.
WILL BE NO STRIKE OF
ANTHRACITE MINERS
Wllkei'barro, Ta., March 8. It Is now
said authoritatively that there will bo
no strike of the anthracite miners
even If the operators refuse all de
munds, as they have publicly an
nouced that they will. President Lew
Is and the district officers will advise
the workers, It Is said, to remain at
work during the summer, while the
union la getting strengthened, and wait
until the fall, when there Is a brisk
demand for coal, before taking further
action, Then the operators could be
given another chance to grant some
concessions, and, if they again refused,
the mine workers could go on a strike.
GETTING NORMAL
KING ALFONSO
IN AUTO WRECK
C., MONDAY, MARCH 8,
SENATE GETTING
FOR THE CLOSE
Extends Thanks to Lieuten
ant Governor Newlanti
for His Fair Rulings
MATTERS IDISPOSLD OF
Senate Met Ei'ly nd is Pushing
Work in Kffrt fo iet, TbroUKh
Mr. Hush. Iah , yio; Prayer Many
Hills I'ass MWJ, Heading Ainone;
Them Dill to: Allow Widows ot
'ontederat ictrrans Who Wer1
Marrleil Prior t$ 1808 to Itcceive
Pensions Jt(iHt t tesolul ion Passes
lo Appoint a Commission to Inves
tigate the Torrens System of Iteg:
islerni' Ijatilt 'J Hies.
y ih '. . -
I he senate WAR nillod to order at
!(:;!0 today by -President. Nowlaml.
Mr. Hush led the senate in prayer.
Passed Filial Heading.
The following bills passed thmr
third readings:, ;
II. 11. For IreJIof of flood suffer
ers in Bladen county. ,
11. II. To provide for construction
and repair of roads in Nashville
township, Nash comity.
H. U. RelatlvCfto the acquiring of
the. right of eminent domain.
11. 1.1. To regulate fishing on Capo
l''oar Itivcr. - .. i .
II. li. To alio widows of old sol
diers who were muffled prior to lstis
to receive pensions instead of before
April, lsiiS, as tlwV present luw pro
vides. . v. r -
11. n. For relief of janitor of cap
itol. ' "- v-.-'.. -v.
II. B. To nmiit eWpter A3 8 & of
public. laws of ,18 .f . , 1
Lincberry. '.' . '"""" '
H. B. Joint resolution In regard
to appointing a comnilssion to inves
tigate the TorretiM system of regis
tering land titles.
H. U. For seiiaration . of ; while
and colored prisoners in slate peni
tentiary and in convict camp.
If. B. To promote proper man
agement' of forests in North Carolina.
II. B. To pay costs of special
committee appointed to examine the
i-eport of the legislative auditing
committee.
II. B. To incorporate Stale Nor
mal and Industrial College Aliimni
Association.
H. B. To amend hog law in Dare
county.
. H. B. To amend law relative to
open season lor limit in;; quail In
Greene county.
"H. B. To authorize .Ino. A. Kxum
to collect back taxes in Greene
county.
, H. B. To assist poor children to
obtain - school books in Chowan
county.
Thanks Ut Capital Club.
The thanks of the senate was ex
tended to the Capital Club by a ris
ing vote for its many courtesies to
the members of the general assembly.
Senators Pharr of Mecklenburg, and
Dockery of Itichniond, spoke feeling
ly of the many courtesies of the club.
Thanks to (iovernor Xewlnnd.
Senator Manning Introduced a res
olution of thanks to Lieutenant Gov
ernor Newland for the able and im
partial manner in which he has pre
sided over the senate during this
session and the resolution was adopt
ed by a unanimous vote and amid
much applause. .-
S. B. To establish a board of wit
ter course commissioners for Adams
Creek, Cabarrus county.
H. B. Relative to highway com
mission for Valleytown township of
Cherokee county.
S. B. To increase the pension of
Capt, Frank Siler, placing hint on the
first class pension roll.
H. B. To correct law establish
ing free library In Wilmington. .
H. B. To amend charter of Gluu
ood, McDowell county.
S. B. 1 For relief of C P. Gaskins,
an old soldier.
S. B. For prevention of spread of
disease.
S. li.) To prevent directors of
state institutions from appointing
one of their members to a position In
the institution under their control.
For State Hospital.
A joint resolution to provide for a
contingent appropriation for the
maintenance of the Central Hospital
at Raleigh was introduced by Senatoi
Doughton. Senator Mills said he
"wouldn't play without a limit" and
asked that some limit to the appro
priation be made. :
Senator Pharr offered a resolution
(Continued ou Paga Two.Ji
THINGS IN SHAPE
1909.
Mrs. Taft in Ballroom Costume.
1ft A. A .
Mrs. William H.'laft is here sho
wore at the Inaugural Ball, adoriietl
TEXAS NEGRO LYNCHED
Taken From Jail Sunday Night
and Burned
Hound to an Iron Stake in Public
-. Square Of tlie Town and Burned to
"TTpWHi-rtfpiWH"i,Bnnt-i-4ii'-
otber Negro, Who Tried lo .Shield
the Criminal, Also Killed.
(By Leased Wire to The Tillies)
Kociavall, Tex., March S - After
having been idenl il'n'd by Mrs. Arthur
McKiiKH'.v as the negro who attacked
her Friday morning, hill was re
pulsed. 'Anderson lOllis was iaUen
from lite .'Rockwall, county.' jail lasl
night. He was -'bound to an iron
slake, driven into the earlh in the
public square, and was burned to
death in file "presenceof about 1,(100
persons. '
Karlier ;in the ovening Will Clark,
a negro, was shot and instantly killed
when Ills father, Andrew Clark, re
fused pcrinissioti.lii a posse to search
his premises on the assumption that
Kills was concealed 'there.'-
People were here from several
towns', and from Pallas, Collin, and
Hunt., as well as KocUwall county;'- to
witness' the execution of the negro.
Rllis admitted his '.'unlit, but refused
to make a statement, or to leave a
farewell message for his relatives. He
did not utter a cry as the pile of
cordwood which had been saturated
with kerosene, was set, on fire, 'nor
did ho show loss of -nerve as the
flames cooked his flesh. He was dead
within nine minutes after the torch
had been applied.
A posse arrived at the farm house
of Andrew Clark, a negro, yesterday
iftertioon to search the promises for
Kills. Fpon refusal the Inmates were
commanded to surrender. Two ne
groes were seen to run from the rear
of the house. Shots were liivd at
them, and one, Will Clark, son of the
farmer, was killed. The other negro,
now known to : be Kills, escaped.
Bloodhounds were put on bis trail.
About S o'clock bo was surrounded tit
a farm-house three miles south of
Caddo Mills.: Ells made desperate re
sistance and emptied his weapon at
the posse without effect. Quickly
closing in, the' posse overpowered the
negro and tied him securely.'. During
the fight, with the posse Kills was
wounded twice, once In the arm and
once in the back.
; The negro was placed In the Rock
wall county jail. When it became
generally known that Kills was held
in the jail determined men overpow
ered the jailers, obtained the keys,
unlocked the cell and look the negro
to his doom.
Mil. WATSON lMPROVKD.
(Special to Tito Times.)
Winston-Salem, N. C, March 8 -Hon.
C.' BvAYutson's condition shows
Improvement today so fur as attacks
of Brlght's disease and diabetes are
concerned. His heart is extremely
weak, however, and physicians are
administering stimulants to keep him
alive.
s
": jj $ "wjT' tmmim
n in (lie evening dress ..which she
with (.olden Kod.
RAILROADS WIN CASE
Missouri Rates Arc Held to
be Confiscatory
Judge Mcpherson, in the Vniteil
States District Conrt Hands Down
'Zjyivhijp inp?tef$)t;.jk$ Piwsengw
Kale' 'aMWoldM..Iiu''1ll(lrt
. Hales Are Not Keimuieratlve.
(Hy Leased Wire to The Times)
Kansas Cily, Mo., March S Judge
McPherson, of the I'nited States dis
trict court today handed down a de
cision in two Cent, fare and maximum
rale cases involving- eighteen Mis
souri lines, in favor of railroads,
The railroads '--'-contend that the
rales fixed by the statutes of the
stale were not, remunerative but con
fiscatory and that the enforcement of
the statutes should be enjoined.
"The question,";' said Judge Mc
Pherson, in his decision, "is whether
the traffic, wholly .within, the state or
Missouri, generally referred to in evi
dence as local IraHie can be carried
under tlie freight rate statute of 1907
and the passenger fare statute of
I HOT at such .profit ns A ill give a rea
sonable ret urn alter paying expenses
ppon the .investment or 'whether such
Ira flic is carried fit a loss or less than
such reasonable: '.profit, The court
reached the cdivIus Ion that upon this
question- tlu? statutory rates fixed by
either and' both Matutes are not re
munerative." STATE OPENS IN
LISDEN CASE
(l!y Leased Wire to The Times.)
New 'York,'; .March f. The. state
opened Us case against John (.'. I.unis
denv the young inventor from North
Carolina, who Is-charged with murder
in. the first 'degree',' in the Court of gen
eral sessions this morning. '
The ' defendant's wife, a pretty .-woman,
clad in grey,-' occupied a seat w ith
a friend 111 the rear of the-court room.
Inside the rail with a young man
companion sat the widow of Harry
Suydaiu, the curl) broker, for whose
death Lumsilcn Is being tried. Lums
den is defended by former Congress
man James J. Fitzgerald, of New
York, and former (iovernor fharlea H.
Aycock, of Kali'lsli, N. t
The state's Interests ale looked af
ter by Assistant District Attorneys
Not! 'and Appleton. , .
Although locked up since last De
cember;, the defendant does not show
that confinement tells on him.
Destructive Fire- in Turin. '
(By Cable to The Times)
Turin, Italy, March 8- A destruct
ive lire today ravaged the business
section of this city, wiping out the
building housing the - telephone ex
change. This building Is In the cen
ter of the buuiuesb diaUlel,,
PRICE I GENTS
MORTON CALLS
Long Discussion Over the
Up in tbe House
PUSHING THE WORK
Fifty-third Day's Session of the House
Met at 9:30 O'clock Mr. John La
tham, of Beaufort, Led the Prayer.
Omnibus Magistrate Bill Pauses.
Mr. Currie Introduces Bill Out of
Order Providing For Protection of
the Supreme Conrt LibrarywBill
Tabled Many Bills Disposed of
and House Rushes Work With
View to Adjournment.
The fifty-third day of the house of
representatives, North Carolina gen
eral assembly, was called to order by
Speaker Graham at 9:30 this morn
ing and Mr. John F. Latham, of Beau
fort county, led the prayer.
The calendar was taken up and the
first thing on passage was the omnibus
magistrate bill, carrying all the great
list, of magistrates needing to be ap-
pointed.
Mr Currie asked to Introduce a bill
out of order providing for protection
of the supreme court library. This
was objected to and on a division the
rules were suspended and the bill in-
t rod need which provides for a new
heating plant, moving the present '
one out of the supreme court build
ing; the state to bear half the ex
pense and the agricultural depart- '
ment the other half. Mr. Graham op--posed
the bill, so did Mr. Lee, saying
it was patch work. Mr. Rascoe said .
it looked like a was.te, ) ,Mc. Dough.- .
pn said., it. waa-.Jate hour.- Mr. Gar
in moved to tafile the bill, and K was
quickly done. '
Bills Passed or Disposed Of. j
To allow stockholders In a corpo
ration to vote cumulatively; passed.
To refer oj-ster claim to oyster
comnilssion; passed. :
The bill to make all loans expire
December first each year, unless oth
erwise stated, was tabled.
To create the North Carolina Lib
rary Association; passed.
To perpetuate fish in the waters of
North Carolina, requiring all shad
net out of Neuse, Cape Fear, and
Black rivers; held up.
The bill creating a highway com
mission was tabled.
The bill to make a wife lose title
to the dower in her husband's estate
after five years living apart, and a
tender as reconciliation was held up.
To abolish term of court in Scot
land; passed. ,
To better protect game in Catawba
county; passed.
' To increase pay of janitor of capl
lol; passed.
To allow foreign executors to qual
ify without bond; passed.
Mr. Kennedy sent forward a pro
test against the seating of Charles T.
Williams over D. M. Strlngfleld, and
on assurance that It was couched In
parliamentary language, Mr. Dough
ton moved it be put upon the Journal
without reading.
The bill for making a uniform bill
of lading was called for by Connor, it
being on the unfavorable calandar,
but it was voted down, and It is good
dead.
Passed Tliird and Final Reading.
To improve the roads of Randolph.
To incorporate the town of Chad
born. To amend the charter of Gates
ville. ;
To improve the highways In Halt-fax...-
To Improve the highways In Mars
Hill township.
To validate an election In Bryson
City.-
No Tax on Dogs.
The bill to tax dogs was laid on
the table good and hard.
Passed Final Readings.
To punish for burning unoccupied
houses by owners.
To punish for burning boats.
For protection of married women
by punishing husband for slandering
wife, allowing her to testify.
The shad bill was tabled as to
Neuse, Cape Fear, and Black rivers.
To require butchers records la
Harnett county.
Norton Versus Governor.
Mr. Morton moved to reconsider
the vote on the Wilmington audit
and finance board bill, which failed
of passage Saturday, saying he did M
In order to offer a substitute, and,
(.Continued on Paa- Twot
UP WILMINGTON
FINANCE MATTER
fr
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