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 R 5 . ? . i m