o -. Weather. Washington, D. C, March 17 For cast for North Carolina fof tonight and Thursday: Fair tonight and Thursday; colder tonight. 4 ESTABLISHED 1871 RALEIGH, Nj C, WEDNE SDAY, MARCH 17, 1909. PRICE S CENTS Cite weitag mme$ SECOND. EDITION 7. J j 'I JUDGE'S CHARGE TO COOPER JURY VERY LENGTHY Charge Read at Opening looi and fate of Accused Is With Jury BIG CROWD IN COURT Mrs. Carniack and Her Son Were in Court This Morning Three De fendants Came In Early An Un usually Large Detachment of Po lice and Deputies Around Defend ants Judge's Charge Contains 1(1,000 Words and is Said to Be liongest Charge Ever Submitted to n Jury in This Country Resume of the Charge. (By Leased Wire to The Times) Nashville, Tenn., March 17 Judge iHiirt arrived at the criminal court room shortly after 9 o'clock this morning and Immediately went to an ante-room to look over the stenog rapher's transcription of his charge to the jury In Cooper-Sharp case which he read to the Jury this morn ing. ., . Mrs. Carmack, : the widow of the slain statesman, and little Ned Car mack, her son, were present in the court-room early, together with the attorneys for the state and ; some close friends of the family. The defendants came into court at 9:15 o'clock. Colonel Duncan B. Cooper, for the first time, abandoned his seat at the end of the table re served for the counsel for the de fense, and took a position facing the judge, where he could Bee the jury as well. He gat with Robin Cooper, his son, and co-defendant, and his two beautiful daughters, Mrs. Burch and Mrs. Wilson. John D. Sharp, the third defendant, and Mrs. Sharp took their seats a little further back, at the side of the table. It was noticeable that an unusually large detachment of police and depu ties were stationed about the de fendants. What this increase in their personal guard means Is only a matter of conjecture, but it Is be lieved to have been made in order to prevent any untoward demonstration in the event of a speedy verdict. The auditorium and gallery of the court-room were both crowded at 9 o'clock, the convening hour, and the audience carried its usual air of alert ness and keen curiosity. Judge Hart's charge, it Is said, was the longest document over submitted to a jury in a criminal case In this country. His honor returned to his 8e.it on" the bench at 9:25 o'clock and immediately sent for the Jury which was polled by the clerk as to its read iness to receive the Instructions of tho court. Judge Hart stepped down from the bench, took his seat In the witness chair, immediately facing trie jury, and at 9:32 began reading his charge. "State of Tennessees vs. Duncan B. Cooper, Robin J. Cooper! and John D. Sharp. Gentlemen of the Jury," be gan his honor. The charge contained 16,000 words. It would make about 13 columns In n newspaper, set In ordinary minion typo'. Judge Hart defined at length the four grades of homicide murder In tho first degroo, murder In the sec ond degree, voluntary manslaughter, and tnvoluntavy manslaughter. He carefully explained to the. Jury the law as regards malice and previous threats. , .. - ,'. He said the Jury entered upon their Investigation with the presump tion that the defendants were Inno cent, but that this presumption must he overturned If the proof were strong enough to convince the Jury beyond a reasonable doubt that the defendants are guilty of some form - of homicide. . ;," Judge Hart next took up a jdlscus slon of the law regarding the doc trine of self-defense. He went Into this subject at some length.: Next the judge read to the jury the pun ishment, its various grades which the law provides in cases of convic tion of the respective grades of homl y cldo.. He told the Jury that they were the judges of the law and facts, urged the Importance of their taking the law as laid down to them by the court. You are the exclusive judges of the facts In the case, "gentlemen," said Judge Hart. "Yon must not im agine that the court has any opinion regarding' them." . Judge Hart then went Into the law ns applied to clrcuuTstantlal evidence pa4 twUivJt upon ttt watiUnd credibility of witnesses, which were to be judged by the jury. The latter part of the charge and the most detailed portion, dealt with the respective theories of the case, as presented by the state and by the defense from their interpretation! of the proof. ; It required Judge Hart one hour and 45 minutes to read his charge. Judge Hart devoted 41 minutes to .finishing with the legal portion of the case. Before taking up the two theories of the state and defense, re spectively. Judge Hart took occasion to remind the jury that any member of it was to disregard any fact in his knowledge that did not come from the proof in the case, and that it would be highly Improper for such juror to communicate any such fact to his fellow jurors. Judge Hart started In on the theory of the state at 10:12 and finished it In exactly 20 mlnuteS". He instructed the jurors that if they found in ac cordance with the theory of the state it was their duty.' to. bring in a verdict of "guilty" as to all three defendants. He said the jury, however, could con vict with or without finding mitiga tion. The court then turned to the theory of the defense, and devoted 40 minutes to it. He instructed the jurors that if they found according to this theory it would be their duty to acquit all of the defendants. Suppressed excitement, prevailed In the court room as the final sentence was read to the jurors and his honor instructed 'the jurors to retire and consider their verdict. , There is speculation concerning the probable verdict. It is practi cally conceded that. John D. Sharp will be acquitted, 'but there is a di vergence of opinion as to the two Coopers. The attorneys for the state hope for a conviction In the case of Colonel Cooper, and possibly of Robin Cooper. Attorneys for the defense say Robin Cooper will be cleared, and that the worst they expect for Col onel Cooper will be a hung jury. It is regarded as not Improbable that Judge Hart will, if necessary, keep the Jury together for days, even a week, as he did in the Cox case sev (ContlmiPd on Pace Two.) EDWARDS VS. RALEIGH Affirmed by the Supreme Court of North Carolina Mr. Edwards Was Injured in 1007 by Falling Into Cellar Opening on Martin Street Judgment of Xon Suit At October Term, 1009. The supreme court of North Caro lina today handed down opinions in sixteen cases. Among these (s the case of W. W. Kdwards vs. City of Raleigh, in which the supreme court upholds the action of the lower court. It will be remembered that Mr. Edwards fell into a cellar opening on Martin street by the side of the Citi zens National Bank building in No vember, 1907, and suffered severe in juries. In his complaint he alleged that, the fall so injured him that he lost the entire sight of one of his eyes and was otherwise cut and bruised about the head and other parts of his body. He asked damages In the sum cf $5,000. ' When the case finally came to trial the plaintiff was "non-suited" under the Hinsdale act and appealed. Tht opinion of the court affirms tne action of Judge W. H. Neal, who heard tht. case, in allowing the motion to dis miss. '' . V j ': The full list of opinions filed is as follows: Kinstbn vs. Woolen; no error. Royal vs. Thornton, from Samp son; error. Rivenbark vs. Teachey, from Dup lin; no error. Hlckson Lumber Co. vs. Gay Lum ber Co., from Lenoir; affirmed. Hlckson Lumber Co., vs. Gay Lum ber Co., (Pou's appeal); reversed. Sloan ft Sweeney vs. Hart, from New Hanover; partial new trial, each party to pay own cost of printing and one half of the costs' or supreme court. - Edwards vs. City of Raleigh; af firmed. Pearson vs. Millard, from Bun combe; no error. Taylofi vs. , Oates, from Cumber land; dismissed under Rule 17. Southport, Atlantic Terminal Rail road Company vs Gossler, from Brunswick; dismissed under Rule 17. Page vs. R. ft C. Railroad Co., from Robeson; dismissed under Rule 17. Massengill- vs. Hodges, from, Har nett; dismissed under Rule 17. Lanier ys. Rayner, from Martin, per. curiam; affirmed. , Mlzell vs. Miiell, from Martin, per curiam; affirmed. Koonce vs. A. C. L. Railroad Co., from Wilson, per curiam; affirmed. Archie vs. Roper Lumber Co., from oubIqw, get surlaui S.nueft NEW TARIFF BILL IS PRESENTED TO CONGRESS TODAY Bill Introduced in House by Payne, is Minimum and Maximum Bill PROVISIONS OF BILL Minimum Kates of Duty Are Con tained 4n First Section and the Free List For the Minimum Rates in in the Second Section of the' Bill. Third Section Contains the Maxi mum Rates Maximum Rate Does Not Go Into Effect In Any Event Until Sixty Days After the Passage of the Act Some Difficulties of the Committee. (By Leased Wire to The Times) Washington, March 17 The new tariff bill Introduced by Mr. Payne in the house is a minimum and maxi mum tariff bill. The minimum rates of duty are contained in the first sec tion, and the free list for the mini mum rates is in the second section of the bill. The third seel ion con tains the maximum rates, which are generally equal to the minimum rates and 20 per cent, in addition thereto and the articles on the free list, in the transfer to the third sec tion, bear a duty of 20 uercentum ad valorem as a maximum';' rate. The maximum rate does not go into ef fect In any event until sixty days after the passage of the act. By the fourth section the minimum rates are applied to all goods imported from any country which gives the United States as good terms by way of tariff as that given to any other nation, and the maximum rates are applied to those countries which discriminate against the trade of the United States or fail to give the United ..States tariff rates as favorable as those given any other nation. This section is self-acting, making It the duty of the executive to collect the duties, whether minimum or maximum, In accordance with the terms of the bill, leaving it open to the courts to de cide upon the legality of the action. . One problem that confronted the committee was the question of rev enue. The business of all commercial nations has been depressed for nearly two years, and thus has affected our commerce and greatly reduced our revenues, so that we have a large deficit, but the revenues under the present law are improving from month to month, as business condl (Contlnued on Pase Two.) FAST TRAIN RUNS WILD Several Persons Are Killed in Crash Boston and Mont real Express Dashes Into Montreal Station Without Drivers and Lands In ladies' Wuit ing Room Twelve People Were Killed. (By Leased Wire to The Times) Montreal, March 17 The Boston & Montreal express which left Boston at 8:30 last night and reached here shortly after 9 o'clock today fan wild Into the big Montreal terminal sta tion at forty miles an hour and crashed through a granite wall and landed the . engine Into the ladies' waiting room. Six were killed and five seriously injured. Most of the vic tims are women and children. Two miles out from the station the break ing of a stay bolt hurled the engineer and fireman from the cab and the train thundered on without drivers. Five bodies have already been recov ered from the ruins. FIGHTING IN PHILIPPINES. Band Of Moros Attack Detachment of Constabulary. , (By Cable to The Times) Manila, March 17 A belated dis patch from Lake Lamar states that a band of hostile Moros attacked Lieu tenant Furlong's detachment of con stabulary at Bordong on March 8. After a sharp fight eight Moros and two members of the constabulary were left dead on the field, while two soldiers and one civilian were wounded.. . A company of the 26th Infantry and a detachment of couti have gone IS FOR STEALING Young White Man of the City Accused of a Serious Crime THE VICTIM WAS DOPED Gordon N. Morgan Says He Was Doped by Prwl Miller and When I'nder the Influence of the Drug That Miller Proceeded to Go Through His Pockets The Alleg ed Theft Occurred About a Month Ago in Morgan's Room, Miller Fur nishing Whiskey Miller Drank Out of One Bottle and Gordon Out of Another Trial This Afternoon. Fred Miller, a young white man of this city, was -arrested last night at the corner of East and Davie streets by Deputy Sheriff J. P. Stell on the charge of robbery. Miller was standing in front of the little cafe, the only remaining place of its kind : In "deep East." The sheriff was seen approaching am; someone said: "Wonder what Bud Stell is coming down here for? "Coming after me, I guess," an swered Miller. ; His predictions came true. He ap proached Miller and read to him a warrant charging him with assault ing and robbing one Gordon N. Mor gan ,a young white man employed by the Baker-Thompson Lumber Com pany, of this city. Miller protested that he did not even know Morgan and had never had any dealings with him. He TventWftiy with the offi cer and was lodgud in jail last night. He will be tried before Squire Batch elor this afternoon at. 5 o'clock. The Robbery. The robbery took place on Febru ary 15th, more than a month ago. It seems that Gordon Morgan approach ed Miller on the night of February 15th and asked him where he could find some "licker." Morgan said he was sick and needed some. Miller told him that he could get It for him, and, taking a five dollar bill, he went away and bought two pints. When he returned with the booze and four dollars In change the two went to Morgan's room. Morgan drank out of one bottle and Miller out of the other. Morgan Was "Doped." Morgan claims that he was doped. He said that ho had only drunk a lit tle of the whiskey when his head be gan to feel queer and in a few min utes he was unconscious. He did not know anything about what had hap pened to him until later, Fortunate for him, others at his boarding house were stirring. One of them, a young man who is a student at King's Bus iness College, came Into the room and caught Miller in the very act of going through Morgan's pockets. He forced Miller to restore everything to the victim. So far as can be learn ed, he did not get away with any thing. Others can testify to these facts, it is asserted, and It looks dark for Miller. He will be tried this afternoon be fore Justice Batchelor. Mr. B. C. Beckw'ith will appear for the state. It will be remembered that Miller was arrested and held for several days as a suspect In the famous Smith murder case which is to be tried next week. When the Idea of having a hearing before the coronet was abandoned he was released, as it was not thought by those in authority that he had any connection with the murder. If he is found guilty of doping and robbing Morgan, it may serve to quicken and reawaken sus picion as to his connection with the Smith case. MlHer is a very quiet, Inoffensive young man and does not look the part part of a hardened criminal. J, E. COX WANTS CONSULAR POST Washington, March 17. J. Elwood Cox, defeted republican candidate for governor of North Carolina In the Inst election, Is a candidate for a position In the diplomatic or consular service of the United States. Although a re publican, Mr. Cox has the backing of the di iioerats In congress. Ills name was placed before the president today by Senator Overman and Representa F D MILLER UNDER ARRET tive SiUftlU ANY DETECTIVE WILL RECEIVE THE SAME FATE Death Warning Follows Report That Detectives Will Com plete Petrosino's Work A StNSAIION EXPECTED In Spite of Placards Bearing the Gruesome Kscutcheon of the Maria, the American Detectives Are Bent I'pon Ferreting Out the Slayer of . Lieutenant Joseph Petrosino Prince Cuto, a Socialist, Intends to Make . Revelations in Parliament Concerning the Relations of the Mann With the Sicilian Police Po lice Are Powerless. (By Cable to The Times) Rome, March 17 With incredible boldness the members of the Mafia fhf.ve issued a warning to any other American detective who may come here to complete the work begun by Lieutenant Joseph Petrosino, who was assassinated A Palermo. This death warning follows close upon the heels of a report that other detec tives will come from the United States and not only carry on the work commenced by Petrosino, but bend their energies to ferret out the slayer of the New York detective. Placards bearing the gruesome escutcheon of the Mafiia have been circulated and posted in prominent places. Notices bearing the insignia of the deadly organization have been sent Into the newspaper offices. In the face of this avalanche of warn ings' are threatening letters the po lice seem powerless. The Italian government has sent its best detectives into Sicily to aid in the hunt for Petrosino's assassins. Impetus to the investigation was lent today by another assassination thought to be the work of the Mafia. The body of an unidentified man, well dressed and apparently educat ed, was found on the outskirts of Palermo stabbed to death and' with two daggers still sticking in the trunk. The police at first thought that this was a confederate of Petrosino's in his Sicilian investigation and are positive that the, two murders are linked together in some manner. Prince Cuto, a socialist, intends to make revelations In parliament con cerning the relations of the Mafia with the Sicilian police. A sensation is expected. , MANY PEOPLE TAGGED Day a Great Success in Every Way Kltort of the Children in Behalf of the High School Is Very Successful. Many Dollars Collected and Kvery lmdy Has Lots of Fun. Tag! Tag! Have you been tugged? Oh, such fun In Raleigh to day! And oh, the dollars, halves, quarters, dimes, nlckles, and even pennies that have been tinkling into the little cigar boxes today. : The sun was very considerate and shone brightly all dayr there was just enough wind to set the tags aflutter, so the children could get in a good day's work. They were out bright nnd early today, and before the day is over they will have a glo rious amount to swell the treasury of the high school. The old debt on the furniture has already vanished., be fore the great result of the morning's work. Soon this morning u little bunch of eleven children came In with all their tags gone and fifty dol lars In their boxes. By noon a num ber had as much as $10 and $12 In their boxes. , One little girl had $5.00 to start the' day with, her father, Dr. Cooper Curtis, giving her that encouraging start. Another child was near Christ church this morning, when the peo ple were going and coming to nnd from Lenten services and tagged 50 people before her breakfast. Hurrah for Mrs. Barbee, tho first one to be tagged. Master Miguel Ellas, who was the first one to start out, put the little green tag on her.. When the gentleman was found vUo promised,. ilQ lor big lag It proved to be Manager Weaver, of the Gaiety Theatre. Mr. Weaver divided his $10 among the crowd who sur rounded him, and when he escaped he was covered In the little fluttering pieces of green card-board. M. S. J. Wynne, who is always in terested in everything for the good of the city is vicing with Mr. Weaver in the number of his tags. He even has one pinned on the back of his collar, and as he passed along the street today he was a good example for others to follow. The Gem moving picture managers were right in l he spirit of the occas ion, giving a quarter for every tag that was offered today, not refusing any. It. was worth a trip around the city today just to t-ce the fun. The tags swung from belts, watch fobs, button holes, caps, lace collars, and every conceivable place where one could be fastened. Even the horses and dogs were decorated. One of the first tugs to appear' ort the street was that on Mr. Frank .folly's dog, who was lying; in front of the store wearing his tag very proudly. Mr. Billy Boylan was seen coming down the street horseback, about noon today, with a little, ugly, shaggy dog following at his horse's heels, wearing a tag around his neck. The members of the Vernon Stock Company were wearing their tags to day, even the baby of the company. But the real advantages of Tag Day have been left for the men and maids to find out. It was interesting to watch the pretty girls as they looked with the question in their eyes, a smile, and then, May 1 tag you?" "Sure," would be the. reply, as the victim submitted joyfully to any number of tags, waiting in de light while dainty white fingers fas tened the tags on. Then dropping a dollar or more into the little box the victim walked off murmuring it was worth it and the fair one went on up the street to the next willing victim. Such a chance to meet the girl you had been wanting to. Mrs. Charles Gattis chaperoned a merry crowd to the depot, and such fun as they had. The girls would like to know the (Continued on Pane Two.) SERVIARUSHINGTROOPS Are Gathering on the Bosnian Frontier Servia is Wrought to Highest Pitch of Enthusiasm and is Bush ing All Her Troops to the Frontier. Austria Also Mobolizing Army. (By Cable to The Times) Buda-Pest, March 17 -Servia Is rushing all her troops to the Bosnian frontier. : Austria has already mobo lized a strong detachment upon her frontier. Both movements are look ed upon to be defensive although Ser via is feverishly arming her men. The men in the field for Servia now number 75,000 men. The Servians are wrought to the highest, pitch of patriotic enthusiasm. In her army are men ranging from 18 to 50.i Mere boys of sixteen have been sent from their homes to bear arms. '. .. down Prince Will Take Field. Vienna, March 17 Crown Prince Franz Ferdinand is preparing to take the field within a week as commander-in-chief of the army. Warlike preparations continue and apparently Servia and Austria arc on the verge or a great clash. Servia has 125,000 men read to put In th" field. TREASURY OUTLOOK GETTING BRIGHTER Washington, March 17. Declaring the treasury outlook today Is better than It has been before in months, As sistant Secretary oi the Treasury t'oolldge has authorised, 'n '. statement giving figures' to show a marked Im provement co far as government re ceipts are concerned. In It he says; "Tliere Is no foundation for the wildly circulated report that the payment -of over J.'iO.OUO.OOO of ' claims against the government now due has been post poned by the treasury for want of ready cash. "On the. contrary, the department Is abreast of demands upon It In honoring requisitions, nnd no necessary .pay ments are postponed for future action. "All claims are met as fast as appror prlatlons therefor are made by con gress. While the appropriations and expenditures of the government are In creasing annually and the expenditures for the current fiscal year are largely above the revenues for the year, the available cash In the treasury . equal to all demands that may be made upon It for some time. The revenues from imports have recently shown substan tial gains and should these, continue, the treasury Is In good condition to await the approaching readjustment of the tartffV ., THE SOUTH AND ITS POSITION ON NEW TARIFF Southern Congressmen on Ways and Means Committed Urge South's Interests FACTS BROUGHT OUT Southern States Were Not Repre sented on the Sub-committee of the Ways and Means Committee Which Framed the New Tariff Bill, But the Democratic Member of the Full Committee Made Every Effort to Bring Out Every Important Fact Regarding the Articles Named In the Tariff, Which Are Produced in the South What They Asked For. (By Leased Wire to The Times) Washington, March 17 Although the soul hern states are not repre sented on the sub-committee of tho ways and means committee which framed the tariff bill, the democratic members of the full committee made every effort, during the hearings which preceded the deliberations of the republican members, to bring out every important fact regarding the articles named in the tariff which are produced in the south. A number of congressmen from southern states appeared before the committee and the arguments pre sented for securing protection for the industries in the south formed one of the features of the hearings. The influence of the American Su gar Refining Company, the so-called sugar trust, on the cane sugar In dustry, was Interestingly discussed by Colonel D. D. Colcock, of New Orleans, representing the tobacco association of Danville, Va., urged that the duty on Turkish tobacco be increased from 35 cents a pound to $1.85 a pound, which is the duty im posed by the Dingle'y tariff on Suma tra leaf. The further claim was made that the Turkish tobacco is in a large measure supplanting the bright tobacco raised in Virginia, North Carolina, and South Carolina, and that the Turkish government prohib its the importation of this American tobacco. The peanut schedule was the sub ject for an interesting hearing, at which Representatives Maynard and Lassiter, of Virginia, and Clark of Florida appeared to support the con tentions of various peanut .growers. The delegation asked for an increase in the duty on peanuts to 2 cents a pound. The republican members of the ways and means committee took occasion to banter the southerners for requesting protection to the ex tent of an increase of 300 per cent, in the duty. Representatives of the lumber In dustry in the southern states pre senled strong argument in favor pf the retention of the duties imposed by the Dinglcy tariff on lumber. They claimed that the removal of the t riff would bring them in competi tion with the low grade of lumber ot Canada and other countries and low wages paid In other countries. Mica, which is mined In Alabama, Georgia, South Carolina, North Caro lina and Virginia, was one of the articles on which Increased duties were sought.. A new classification also was asked for this article. Clay-producing companies in the south earnestly advocated that the tariff on clays be increased $1.00 a ton. Representatives of the rice In dustry declared that the destruction of this industry would result If a lower duty than that provided In the Dingley bill r,ere placed on rice. The growers of sea-island cotton in Florida and several other southern states urged the necessity for a duty on their article, claiming that the destruction of the industry is threat ened. The citrus fruit growers of Florida also asked for protection. Child Kldnappfd. (By Leased Wire to The Times) Chicago, March 17 The police are seeking the five year bid son of L. M. Askley, an attorney, who . was kid napped last night by, a woman. A neighbor said that while the child was playing in the front yard at dustc a woman of dark complexion Appar ently forty years old,, - Jed. the boy away. She was Joined by man and the three took a street car going down town, , , ill-',