Weather.
SECOtfD. S
EDITION
t
"Washington, March 11. Forecast
for North Carolina for tonight and
Friday: Fair tonight, fair In east
ern, rala in western portions.
ESTABLISHED 1876.
RALEIGH, N. C, THURSDAY, MARCH 11, 1909.
PRICE f CENTS
1 CROWD
AT OPENING OF
COOPER TRISL
Many Vacant Seats in the
Court Room and the
Galleries Today
SYMPATHY OF PUBLIC
General W. H. Washington Resumed
His Bpmii for tho Defense This
Morning There . ww Many Va
cant Seat in the Courtroom
Varying Sl.e of tho Crowds Shows
That the Sympathy of tho Public is
Witli On- Vrosecutioii When law
yers for the State Seak the Court
room Is Crowded, But Small
Crowds Hear Speeches for Defense.
(By Leased Wire to The Times)
Criminal Court Room, ..Nashville,
Tenn., March 11. The crowd in the
court room at the resumption of the
Cooper-Sharp trial this morning was
much smaller than yesterday. In
fact when General W. H. Washington
resumed his speech for the defense
there were many vacant seats, both in
the room proper and In the galleries.
Manifestly the public at large sym
pathizes with the prosecution in the
case, judging from the crowds that
have been In attendance respectively
when the counsel for the state and
for the defense have spoken. Yester
day it was impossible to get out o
the court room after one had gotten
in, while today ingress and egress at
all times were easy.
General Washington held the in
terest of his audience throughout his
address. He is an actor as well as an
orator. He speaks with his hands,
his m-ms. his body, his eyes and every
feature and pitches his voice awaj-
' nerlsms. ftequentjy proyoked jtyro au-j
Hart was forced to rap for order.
General W. H. Washington resum
ed his speech promptly at 9:07
o'clock this morning and immediate
ly launched into the discussion of the
editorials written : by. Senator Car
mack in which the name of Colonel
Duncan Brown Cooper appeared. It
was manifest from the tenor and di
rection of his remarks that he was
doing everything possible to preju
dice any "Patterson men" on the
jury ngainst Carmack. Time and
again General Washington declared
to tho jury that Carmack was hitting
at Patterson and that Carmack's pur
pose in those editorials was "to ruin
Patterson."
He declared that every man on the
jury knew this was Carmack's pur
pose; that any ten year old child
knew it. General Washington .'went
out of the record time and again
dragged politics into the case.
He referred to the fact that Pat
terson had defeated Tillman in the
November election by 20,000 and
that most of the "Carmack men who
had worn the red in June" were loy
al to Patterson in November. He
left it plain that he meant the jury
to know that Carmack was not loyal.
He stated that It was at a time, too,
"when all democrats ought to have
gotteu together."
General Washington even pleaded
guilty to the soft - Impeachment of
iiaving himself "been on the firing
line In the November campaign." On
one occasion he showed the ridicule
there was In connecting Colonel
Cooper's name with that of the Louis
ville and Nashville Railroad by term
ing the latter corporation "the cor
ruptest that ever Inflicted a state or
a people." General Washington
.while disclaiming that Cooper had
the right to kill on account of the
editorials, declared that they were
most Insulting and damaging. He
said ridicule was the worst form of
assault, and that men would be in
dicted and put in jail for it. ,
- A sharp clash occurred between
GVneral McCarn and General Wash
ington regarding an alleged bit of
pleasantry, indulged in by General
Washington during the latter's
speech.- General Washington said
Bomo one since this trial began had
asked where were the "brains of the
Patterson administration," and the
reply had been made that "they are
in Jail." Oeneral McCarn was on his
feet in a moment objecting to the In
jection of such matters Into the
speech,
"May it please your honor,". said
General McCarn, "there is not one
word in this record about the brains
of the administration being in jail
find we respectfully ask that General
(Continued on Page Two.)
Theodore Roosevelt Private Citijen.
-. t'ifi if i 1 1
Hon. Theodore ltoosevelt Is now ii simple ciliy.cn of the 1'iilted Slates.
This flashlight photograph shows the former chief evecutive leain; the
automobile in Long lsluml City to take a special train for Oyster Kay after
he had given up his reign of government to President Taft.
INSURGENTS TO MEET
ill Endeavor !o Map Out
Want a Program Thnf Will Keceive
the Approval of the Democrats for
They Know "That Without Demo
cratic Supimrt They Cannot Win.
'(By-. .Leased Wire to The Times)
Washington, March 11. The in
surgents will hold a meeting tonight
and endeavor to map out a prpgrnm
that will receive the approval of the
democrats. The- insurgents under
stand that without the support of the
democrats they cannot "win, and
ihefefbre .'nie'JrW willing to accept
suggestions from them,
As stated today by a leading in
surgent they will attend the caucus
Saturday night and take part in the
Selection of the speaker and other
house officers. This does not mean
that there will bo no ..opposition to
Cannon in the caucus. When the
question of rules comes up, the in
surgents, it is said, will withdraw
and thus be free from caucus action.
If twenty-four or more leave the cau
cus then Cannon nnd his followers
know, they are defeated. AH the in
surgents are not here and there may
pot be more than twenty of them at
the meeting tonight.
rOBACCO STATEMENT
ISSUED BY THE DEPT.
The regular''-' monthly.-'ytali'iiient of
i he department ..of agriculture wliowlng
the tobacco sales of the state for the
month of February, has just been is
sued. Winston-Salem, as usual, leads.
Wilson' has' dropped from second place
to eighth place. .
The statement Is as follows:
Winston-Salem .. .. .. .. .....2,lfi4.4Sl
Iteldsvllle.. .. .. .. .. .. .. IIUT.KJl
lloxboro .. .. .. .. ...... .. D4;!,SJ3
Durham:; .. .. .. .. .. .. ti'tT.iWH
;ixrord .. .. .. .. .. .. is'.igo
Mount Airy .. .. .. .. . , . . .... 4r7,T:"i5
ltneky Mount .. :,. ".'.'. xsn.L'f.O
Wilson .. .. .. .. .. .. .. 'I3!i.44
Stonevllle i, .. .".r.fi.575
'TendiTson ... .. ... .. ... .. .. .. .S39.S17
Iivenville .. .. .. .. ...... .. 2M141I
Wanenton .. .. .. .. .. .. .. ltfiiSU
rtreeiiRbni o. , .. .. ... .. .. .. 1S5.913
Louisliing .. ........ .. ...'157.9:11
niirllngton .. .. .. .. .. .. .. .. I.ri0.119
I'reeiiinoor .. .. .. .. .. .. . . . . -131.228
ladlson.. .. .. .. .. .. .. .. .. St!,i:i
nunivllle .. .. .. .. . .. .. B4.4X7
'vlnston .. .. .. .. .. 42,l.'i4
Statesvllle.. .. .. .. .. .. .. .. 31,4111
OiiHeld.. .. .. .. .. .. .. .'. .. 1X,6U
Italelgh.. .-. .. .. .. .. - - 1:'.07
Aih.x.. .. .. .. .. .. .. .. ..... 12.M8
Ayden.;- .. .. .. .. .. .. .. .. .. t.272
Uaksvill.'.. .. .. .. .. .. . '-..'. 23.241
Total
..7.8r.4,lWl
A1KSHIP FACTOBV.
Boston to Have First in the I'nited
SUtes.
(fly Leased Wire to The Times.)
Boston, Mass., March 1 1 .Boston
Is to have the first airship factory in
the United States. The Napier Au
tomobile Company is making prepa
rations at its plant in Jamaica Plains
for the enterprise, and contracts for
airship motors are about to be sign
ed between the Napier firm and
Charles J. Glldden, president of the
Boston and Now York airship line.
7"
THE BOYCOTT CASE
Opinion From District Court
of Appeals
Opinion in the Famous Bucks Stove
nnd Bullae ('oinpany-Cionipcrs Case
Modifies .Inline (Jould's 'Injunc
tion Against Gompers.
Washington,... March 1 1 . The dis
trict court of appeals this morning
handed down iiu opinion on the ap
peal of the officers of the American
Federation of Labor in the famous
Bucks Stove and Hange Company
case. ' ':v
This opinion will affect the ques
tion of the president's right to "go,
after" the stove company in print
and permit It to refer to that com
pany as unfair and which finally may
result In some modification of the
sentences for contempt passed by
Judge Wright upon Samuel Gompers,
John Mitchell and Frank Morrison.
The decision of this morning was
given upon the appeal of the federa
tion from the injunction granted by
Judge Ashely M. Gould several
months ago.
By. Judge Gould's decision the Fed
eration of Labor was enjoined from
publishing the name of the stove
company in the "We Don't Patron
ize" list in the Federationist. The
Federation appealed and the Court
of Appeals this morning modified
Judge Gould's original injunction.
The famous decision of Judge
Wright was made upon contempt pro
ceedings, brought by the stove com
pany for violation of Judge. Gould's
injunction. Gompers, Mitchell nnd
Morrison were sentenced to jail for
terms or nine, six. and three. months
respectively. While there is an ap
peal from this decision, it was not
affected by the action of the Court
of Appeals this morning.
It is believed, however, that the
action of the Court of Appeals may
affect the decision in the case of the
appeal upon the contempt sentences.
It is possible that since the Court
of Appeals has found Judge Gould's
injunction (too harsh the tjillogpd
crime committed, by C.onipers, Mitch
ell, and Morrison having lis. origin in
violation of that injunction the de
fendant, labor lenders will base their
appeal from the jail sentences upon
(his morning's decision.
Chief Justice .Shephnrd. who dis
sented from the opinion of the court
rwhlch modifies but does not va
cate the injunction, but which up
holds the freedom of the press in
strong terms.
Three Separate Opinions.
Washington, March 11 In three
opinions, one by each '.justice, the
(Continued on Pace Two.)
SAMTARkJM BURNED;
PATIENT LOSES LIFE
Greensboro,'. March It. -Fire at 2:3n
o'clock this morning destroyed the
ItlgKS Sanatorium and one Inmate va
burned to death. The building and nil
appliances, anil furniture that it con
tained are a total loss.
The patient 'who was burned to
death was named Frank Greene. Sev
eral other patient, were Injured by
Jumping, but none seriously. The ori
gin of the fire was unknown. There
was $7,000 Insurance on the personal
property and i,Wf on the building.
1
BE SENTENCED
If Full Penalty of Twenty
Years is Imposed De-
SEEMED TO BE PLEASED
'I he Deloudunt. Smiled Cltcei'litllv As
Soon As Jury "ad Been foiled and
With I'.videut t:ia( ilic.it ion Shook
Hands With His Lawyers No
Spectators in Court Kxeept. Keid
.Miller, lilimsdeu's l!ro( her-in-lau.
Lx-Governor Ayeoi k Made An Mlo
ipient Plea on Behalf of Luinsdeli,
Justifying His Ait on the Ground
of Self-defense.
(Dv Leaded Wire to The Time?.)
y,i'vi York, Manh II John C.
Lumsden, the youiiK.''i:oiitherner. who
has been on trial before Judge Ma
lone in the criminal 'branch of the supreme-court
for the .'murder of Har
ry Ti. 'Suydam, a curb ' broker, in his
Broad street office on December til.
was found guilty last night of man
slaughter . in the first, degree, 'the
prisoner was seemingly pleased with
the verdict and smiled cheerfully as
soon as the jury had -.-been polled.
Willi evident gratification he shook
hands with his lawyers nnd before go
ing back to the Tombs asked for some
cigarettes. He will' -lie 'sentenced by
Judge-' Mnloae on Friday '.'.morning.
I'liere were no spectators-In court ex-
lepi Heed Miller, the prisoners
brother-in-law.
In giving his pedigree the prisoner
ave his full name as John C. LUms-
deu, 'aged thirty-one, born in Raleigh,
, C: New York adress Si:? West
Fifty-seventh street. He told the
clerk, that he was na inventor, and
had never Veen '-..convicted ;:.of any
crime.: ' " '.
The .lawyer who defended Lums-
den declared that if the law Was ex
ercised to the full penalty of twenty
years thoy would take the case to the
ipliellate division. .
Mil's. Lumsdcn. wife of 'the nris-
onef. and Mrs. Kato Suydam, widow
of . the slain man, were both in court
when the testimony was resumed yes
terday morning.
Among the witnesse called by the
defense was Kil ward G. Powell, who
knew Liiinsden seven years ago in
Birmingham,-. Ala., 'where tho defend-.
int. sang in a choir.
William Henry Bagley, brother of
Fnsign Worth Bagley, the only Amer
ican naval officer kiled in the Spanish-American
war. and a member of
the staff of tlie governor of North
Carolina, was called as a character
witness. '
James I, Johnson, mayor of Ral
Igh, N. C.i told Assitsant, District. Al-
towiey Nott that, he believed a. man
ould carry a revolver and still keep
a reputation of being peaceable.
Colonel 7.. V. Smith, of Raleigh, N.
!., who was 'first lieutenant of Lums
den's company in tho First North
Carolina mounted infantry, when they
went to Cu Da, when questioned as to
whether Liiinsden had been twice
court-mart ialed during the war, said
that he knew nothing of it. ;
Kx-(!ovenior Charles B. Aycock, of
North Carolina, made an eloiinent
plea on behalf of Lumsdcn, justifying
his act on the ground of self-defense.
The murder 'of Suydam grew out of
a 'misunderstanding he -and Liiinsden
had over an invention the broker had
agreed to sell for Lumsden. Liiins
den thought, Suydam had cheated him
in the deal.
THE GOVERNMENT
AT A STANDSTILL
Washington, March It. That the
government Is at a standstill In the
prosecution of the Standard Oil Com
pany was practically admitted today
at tho department of Justice. Attor
ney General Wlekershnm was not pre
pared to say what further steps, if
tiny, would lie taken by the depart
ment In the prosecution of the stand
ard OH Company, until he lias receiv
ed all the papers in the case from Cull
ed States Attorney Sims at' Chicago.
They arc expected today.
It is thought the attltude'of the new
administration probably will be the
same in regard to to the prosecution
of the trusts as under the Roosevelt
regime. There Is little doubt that if
the Chlcaeo case Is abandoned by the
government , other prosecutions w ill be
brought Hgulnst the Standard Oil Com
lany, ,, ..
raw
Peter C. Hains and Sheriff Harvey
This is a smipshol ot ( aptain Peter C. Hams and Sheriff llaney, of
Queens County, on their way to court,
nis was taken to have a date ?et fir the
is shown on the P it.
tl'.y Leased Wire -to The Tillies.)
Witshinglon, .March ll.- jiina is
about to take a census uf the uncount-
d miliiyn.-i williin lii'r borders. In iic
ordnnct! with the pingraui 'for consti
tutional reform an edict, wlildi has
just been received at the. suite depart
ment, lias been issued diuvtiiig ''police.
ihd . provincial treasurers to enuiner-ite-'the
indiviilunls find -families of the
empire. . The returns for ! tho census
if families must be completed by 11110
iiiil for individuals by MM 2-. After re
turns are made the records" of families
.vill be reviewed every two months and
thq records of Individuals every hylf
year. -.
The edict provides that the regions
not yet organized as provinces, such as
Inner and Outer Mongolia, Koncr and
Tibet, '.must be enumerated by their
respective, officials, who will report 1o
the board of the interior.
ZEPPELIN WILL
(I'.y -.Leasvd Wire to The Times.)
-ISerliii. March. . II. ""A'ecordlnii to a
lelegrain froin .nrieli, Joseph Mrucker;
n Austro-Atiicncaii lournalist, has ar-
ranged ' with I'uunl Zeppellin fur an
ib-hip llclii aM-oss the Atlauth-: .'..'
Tin' Hliirv is ihil the si.'irl Is to-be
made from failiz on July LT.ili Willi the
West Indies as the. destination. The
count is said to i m I - i ) to. .follow' the
eoiii e of i 'oliiuiViusV. lirsl voyage of
discovery.
ARE DESTROYS IE
VOUNGSVIUE STATION
The Seaboard Air Line
station, at Youiiysville, i on
Icleuraiih office and l
p.ns'scnuci'
isi iug of a
two wailing
de.'Mroyeil by
It Is lhoin;ht
: et a lire by
early morn ii
rooms, was coioplctely
lire early I hi-; morniiig.
that Hie ' building wfis
sparks from one of the
trains. .
'the telegraph wires on one side of
the mad, it is said, were burned, but
by ten o'clock the dmnage had ben
repaired. The train service ' was not
interfered Willi.
Two years ago Ihr- freight station
at Vonngsville was burned.
p.BAi) schii:ki'i;ij:i dk.d.
Man Who Introduced Relinnl Petrol
eum to Coniiiiercial World.
(By Loused Wire to Tlx; Times)
New York, March 11 - Brad Hurst
Sclileffulein, aged 9"i, who was cred
ited with Introducing 'petroleum to
the commercial world almost a half
century ago. Is dead of old age at his
homo In Richmond, S. I.
Played for the Judge.
(By .Leased Wire to The .Times.)
Taunton, Mass., March 11.- -Ar
raigned before Judge Fox on a va
grancy charge Kugcne Choipielle,
late a member of tho Farnul Broth
ers' comedy act troupe and his broth
er, Arthur, gave a comedy sketch
which made the judge laugh so he
declared the brothers needed no law
yer and discharged them from cus
tody.
I T
CROSS ATLANTIC
where the slayer of William II. An-
trial of his case. Sheriff Harvey
STILL LEADING
(By Leased Wire to The Times)
New Y.orkv.'.'SIarch ll.-r-Jlaintaining
their pliciiomiiiar pace through the
nijiht. the French team of Ciliol and
Orphee, in tlie six day go-as-you-please
race at Madison '"Square Garden, Were
in the lead at the 'eightieth hour at 8
o'clock this morning. Their score was
4.".l! miles and six laps. 11 miles and 5
laps ahead of Davis and Metkus, The
plucky Boston team of Dlncen and
I'routy were third, SO tulles and four
laps behind. Davis and Metkus.
Major Knlinski Dead.
"(By Leased Wire to" The Times)
; New York, March 11 Major Ed
mund Louis Gray Zalinski, U. S. A.,
retired, inventor of the pneumatic
dynamite' torpedo gun, is dead from
pneumonia, 'aged fill years.
MINERS REFER
Il'.v ' Leased Wire to The Times.)
Philadelphia, ..Pa.. March 11 It
was staled when the miners and op
erators adjourned for luncheon that
the questions a! issue' had beeu re
ferred io a committee of seven oper
ators and seven miners.
President- Lewis gave the assurance
I hat his colleagues Would not be ar
bitrary and aggressive and that he is
prepared lo -.remain hero until next
Christmas.' if by so doing, he can
In ing a I ion! an amicable undorstund
in;;. "I Know that I have been ' repre
sented," said Mr. Lewis, "as of a
hasly disposition, but tlie public has
nothing to fear along that line.
"We have ''nothing to conceal hilt I
think it best not to discuss the details
of today's conference in advance. , An
indiscreei word will oflcu 'prevent ne
gotiations. We are liol seeking any
mid ue advantage of the operators
ami we are generous enough lo ex
pect to receive lair -'-.treatment at
their hands. . ; '
"I shall be as courteous as possible
in my dealings ii It the press and all
others. I shall freely answer such
qiieslions as. I can answer without
prejudicing our case, and when 1 can
not answer I shall say 'so frankly."
MISS. S I (JF.TS FXPKXSKS.
Also Allowed Beasonable Access to
Her Child.
( By Cable to The Times)
Edinburgh. March 11. :Jndge
Guthrie today allowed Mrs. Stirling
her expenses in the divorce suit, sub
ject to the possible' modifications of
bis decree und he also gave her per
mission to. apply .to court If refusen
reasonable access to her child. The
judge ruled that Lord Northland
named as co-respondent was liable
for tho husband's expenses.
Norman Muck's Home Burned.
(By Leased Wire to The Times)
Buffalo, N. .Y., March 11. The
residence of Norman 10. Mack on Del
aware avenue, was destroyed by fire
last evening. The damage is estimat
ed at $."i0,0o0. Mr. Mack Is in New
York and his family in Atlantic City.
nil
DIPuEMII
THE AnDRNEY
GENERAL HAS
BROUGHT SUIT
Against Tennessee to Defl-
Line Between States
CAUSED GREAT STRIFE
Collection of Taxes and Conflicting
Laud Grants Have Caused Oonsld
erahlc Litigation Proceeding to of
an Kntirely Friendly Nature and Is
to the Interest of All Parties Con
cerned Real Part in Dispute Is
About Fifteen Miles Long . Mid
Three or Four Miles Broad. Involv
iug a Great Amount of Property.
Attorney General T. W. Blckett, by
the direction of Governor Kitchin, has
brought suit In the supreme court
of the United States against the state
of Tennessee to definitely establish
the boundary line between the two
states, It seems that for a number of
years there has been . considerable
strife between the officers
of the two states in fegard to the
collection of taxes, and much, litiga
tion has also arisen on account of the
conflicting land grants.: The pro
ceeding instituted is of an entirely
friendly nature, it being to the in
terest of all parties concerned that
the lines in dispute may be definitely
established. .''.'
This step was decided upon by
Governor Kitchin after hearing nu
merous requests from the North Car
olinians, who live in the disputed ter
ritory and to whom the continuous
litigation is a source of much trouble
and expense. Trouble over this land
has been going on for about eight or
ten years, and when a.snit would be
brought in court, one party would
claim the title to the property under .
a Tennessee grant and the other par
ty would claim the disputed eottoa
under a grant from North Carolina,
Then the question, as to which court
had jurisdiction, would arise. In the
suit instituted today, however, no
question of this kind can arise, as
the constitution says that the suit
must be started in the supreme court
of the United States, which has been
done. '
The contested line is along the
Tenessee river in the Unaka moun
tain section, the real part in dispute
being about fifteen miles long and
three or four miles broad, Involving
several million of dollars worth of
property.
Former Attorney General Theo P.
Davidson, of Asheville, who is well
acquainted with the facts in the case.
has been designated by the governor
to appear with Attorney General
Bickett in the prosecution of this suit.
A NKW AEROPLANE.
Flights Will be Made Next Week at
Fort Meyer.
Washington, March 11. Trial
flight of the Luttrell aeroplane,
which a wealthy automobile manu
facturer of this city has been build
ing for several months here, will be
made next week near Fort Myer, Va
where the owner has secured a large
vacant space for the trials.
The Luttrell aeroplane is built on
the same principle as the Wright ma
chine, but the supporting planes are
shorter and broader, with a larger
supporting surface. It is designed to
carry one person, and is equipped
with a 24 horse-power engine. The
builder has no doubt but that the
machine will prove a success and he
plans to offer it to the government if
it comes up to expectations.
VISITATION OF WRATH.
Ciithhert, Ga., March 11 Some of
the people of Cuthbert say that the
tornado of Monday night was a visi
tation of God'r, wrath on Cuthbert for
Its wickedness. A revival meeting
has been bi progress at the Metho
dist church for two weeks and they
say the good women have fasted and
prayed to God to send the earthquake
nnd the cyclone to waken the people.
An Immense crow l was nt the church
when the storm brok over the city.
When word reached the church of the
awful wreck nnd ruin and the appall
ing property loss the preacher made
a strong appeal to the people and in
the darkness cries and supplications
went up to God, mingled with shout
of victory. Yostjrriay a praise sei
vlce was held that God had answered
their prayer i i,ul melted the stony.
hearts of Ike peopiit,