' . ' . - ' - . . V, .''' v V a : ' ,
5fl l"' SECOND. '
i mtf : wllpg edition
- m , M ,,u i
Weather.
Washington, April 2 Forecast for
North Carolina lor tonight and Sat
urday: Rain tonight; Saturday gen
erally fair; moderate north winds.
RALEIGH,: VC FRIDAY," APRIL 2, 1909.
ESTABLISHED 1871.
PRICE I CE1TT3
DEFENSE INTRODUCES
STRONG TESTIMONY IN
FAMOUS MURDER TRIAL
Theory Thai Smith Was Seen
After Alleged Disappear
ance With Boiderfield
WAS SEEN AT MIDNIGHT
Not So Many People' Were' Present At
Opening of the Smith MurdiT Case
-This Morning But Interest is In
tense and Crowd Soon Began to
Gather und by 10 O'clock the
House Was Pull James E. Gas
tons Makes Good Witness for the
Defense Saw Smith as Late'' 'as
11 O'clock on Fatal Night Says
Murdered Man Left Kelly's Place
With Fred Miller.
The fifth day ot the Smith murder
trlu opened with not such a large at
tendance as had been heretofore.
The Inclement weather in addition to
the early morning hour caused the
crowd to be much smaller than usual.
Interest, however, has mot waned In
the slightest. This case- is the com
mon topic of conversation on the
Btreet corners, in drug stores, and in
fact, everywhere there are two or
three people congregated che Smith
trial is being discussed.
Although the strain has been great
upon both the defendants and the
counsel, neither; of them shows the
slightest trace of weariness. Tim
Holderlleld, who went on the stand
last night, was bright and cheerful
this morning. Cotton and Hopkins
retain their confidence.
Jones E. Glister Fur Defense.
"" Witness' home in Moore county.
Was in Raleigh on November 14 and
at 9 o'clock that . night he went to
Winslow Kelly's cider store in East
Raleigh. The day was rainy and
pretty cool. Stayed at Kelly's to 5:20
a. m. Many people came in and out
of the store during the night.
A man came in about 11:30 and
took a seat by the fire. Had on a
"greyish" overcoat and button shoes.
Was about five feet, six Inches high.
Large face and nose and was fast
talking man. ; Seemed to want a
drink. Stranger handed negro ten
dollars to get some whiskey, but Tom
did not want to take, it until anothei
man punched him and told him to
take it. He went out and in a few
minutes came back , and Kelly
changed the money. Tom took hair
dollar to get whiskey. Stranger got
up with fellow called Fred Miller,
and they got In Tom's carriage. The
carriage drove out east. Fred Miller
came back In an hour and a half, and
on being asked what he did with the
tnan.Fred Miller said, that he car
ried hira home. Stranger drank a
bottle of small brew while in-Kelly's'
place of business, Miller and Tom
Crenshaw drank with him. Witness
was taken to Coroner Separks' office
and shown picture and asked if that
was the man that came In Kelly's. It
was to best of witness' knowledge.
He also identified the overcoat that
the coroner had. Look at photo
graph (same one Mrs. Smith identi
fied as that of her husband), ' and
Bays that to best of his knowledge
and belief that was the man that
came In Kelly's place that night and
later went off with Fred Miller; also
identifies photor'taken of body after
death, as that of the same man.
Jurors look at the picture of the
dead man, taken after his death, and
also one taken before death.
Gaster raw other money beside
the ten dollars that he had changed.
Cro examined by Jones.
Gaster Les on west Lane street
wl'lle in K )gh. Boarded on north
Salisbury Xjpt In December. Wit
ness went aVay In December, owing
his landlady' a board bill. Don't
know that warrant was Issued for
him. . . ' ' .
Witness spends some Saturday
nights and Sunday In East Raleigh.
Stays at Kelly's cider Joint. Went In
Cotton's one , time. Witness and
Hopkins boarded at same place, but
witness does not know Tim Holder
field. Friendly towards Cotton. Was
drinking cider on the night of No
vember 14. Went over to East Ral
eigh at about ft: 30, stopping at cider
Joints on the way.oVer. Never drank
a drop of liquor. Did not go to sleep.
Did not have to pour bucket of water
on his head to get him out of Kelly's
In the morning. . Was not beastly
.drank. , . ; -'-
At 10 o'clock all seats were take
and spectators began to fill up the
. D. 0. Sinclair, chief clerk at the
Yarborough House, was second wit
ness for defense introduced today.
Was working at Yarborough on No
vember 14th, and the key to room
No. 40 was at the hotel. Witness
stated that room No. 40 was occupied
by ia. W. Smith, of Richmond, Va.,
on November 14th.
' No cross-examination.
Court suspends for five minutes
to allow counsel for state to confer.
John S. Huckelby, night clerk at
Yarborough( was on duty on night of
Saturday, November 14, 190S. Reg
ister showed room NjOA 40 to be occu
pied by-E. W. SmHjiof Richmond.
Mr. Pou asked if , any person called
for the key to room $No40 that
night. Witness answered that some
body called for the key just after he
went on duty. Handed out the key
to the person, who was a white man.
Would not know him If he should
meet him again. After the witness
heard of Smith's death, the other
clerk, Mr. Sinclair, said that one of
the guests had been found dead at
the rock quarry. On being told this,
the witness said that he remembered
giving the key to some one shortly
after he came on duty the night before.,-
''.
On cross-examination the witness
said that he did not know who he
gave the key . to, but was satisfied
that It was a white man.
" On being recalled, Mr. Sinclair
stated that he told Huckleby that
Smith had been found dead in the
rock quarry. Huckleby said,
"What?" I gave that man the key to
No. 40 last night, or some one.
Huckleby comes on duty at 9 o'clock.
Smith registered on Friday after
noon prior to his death.
The state is here granted a request
to be allowed to introduce character
witness. : .. ; '.-'
Mr. A. J. Kaplan, merchant, has
known Ed. Chavls for firteen years.
Worked for witness about ten years.
So far as witness knows, Chavls' gen
eral character is good.
Captain John R. Ferrall has known
Ed. Chavis for thirty years, and his
general character Is good.
Mayor James I. John -on testifies as
to Chavls' general character, which
he thinks is good.
T. P. Sale, chief sanitary Inspector,
has known Chavis for ten or twelve
years. His general character is good.
On cross-examination, Mr. Salt
said that Chavls drank sometimes
and talked a good deal.
Oscar Peebles said Chavls' general
character was good. He was loud
mouthed but witness had never seen
him drunk.
R .E. Lewis had known Chavls for
about six years. -
On cross-examination, Mr. Lewis
said that he had seen Chavis drink
ing but had never seen him druuk.
Was loud-mouthed.
Will Taylor testified as to good
character and drinking and talking
habits. '
Dr. William Moncure, physician,
was next Introduced by the defense.
Had experience with observing the ef
fects of cocaine. Is qualified to give
expert testimony on uses and effects
of cocaine. If Richard Williams naa
been under influence of cocaine for
several months prior to December 1,
and was arrested and gradually sus
pended from use of drug, what effect
would it have, was asked by Mr. Pou.
. "If a .man uses cocaine for any
length of time, he would become mor
ally deficient and unreliable and
would be addicted to hallucinations;
would see things where there was
nothing; would hear sounds: where
everything was quiet, and would feei
things crawling under his skin when
there was nothing," was the answer.
Witness would not know what he was
telling and could not be depended
upon. '
. Wouldn't reply upon statement of
a man that had used cocaine; cannot
rely upon statement of a man who
had been using cocaine and who told
of something that happened during
the time of his using cocaine.
Cross-examined by Mr. Holding.
Cocaine users have unsteady step,
rings under his eyes, sometimes a
wasted appearafnee. ' Cocaine has ef
fect of deadening body or any part
that It comes in contact with ; makes
a man forget he Is hungry. In South
America a man has been known to
go days without food. The halluci
nations are not as a general thing ot
the most pleasant character, but are
part of the time pleasant. One of the
reasons for using he drug is because
of its pleasant sensations. Continued
usage causes hallucinations of un
pleasant nature. Best cure Is to cut
It off immediately. A man's memory
is sometimes in good 'condition while
Using cocaine, but not generaly. :
On re-direct examination, Dr. Mon
cure said that no . bloating resulted
from the confirmed usage of cocaine.
Dr. J. W. McGee, Jr., was next
called by he defense. His estimony
was as corroborative of Dr. Moncure's
statements as to unreliability of a
man who had been addicted to the
use of cocaine.. Man's truthfulness
would decrease after few months of
use of cocaine. Sense of untruthful
ness comes before body deterioration.
Richard Williams could be depended
upon more so than if he was still us
ing the drug.
Mr. Huckleby, on being recalled
said he did not recognize the clothes
or the features of the man that come
for the key. Saw man after death and
could not state that the dead man
was the same person that came for
(he key.
Dr. Abernethy was next called by
the defense, but the state objected to
his testifying on account of his being
present yesterday while evidence was
going on. Heard Williams evidence.
Objection overruled.
Witness had had two years' ex
perience with sedatives and narcotics.
Is demonstrator of anaesthetics in
University of North Carolina medical
department. Dr. Abernethy's evi
dence as to reliability of a witness
who had been a confirmed user of co
caine, but for four months had been
from under Its influence, was along
the same lines as that of Dr. Mon
cure and Dr. McGee. The person
would not know himself whether or
not he was telling the truth:1
Cross-examination by Mr. HoMIiijj.
Hallucinations are among the last
stages, and are generally followed by
paralysis, which takes place , as the
result of the continued usage of 'the
powerful drug.
An'tlclpatine,tV-great. length oi
time that it f take for the stenog
rapher to copy his notes and the de
lay that would necessarily follow,
should he be forced to stay in court
and complete his notes, the court sus
pended for a few minutes in order to
get Mrs. Calvert to replace Mr. We'.-
don Smith. This advantage would
would enable Mr. Smith to start
immediately upon the transcription
of the evidence. The court notified
the defense that any instructions
should be handed In before the be
ginning of the argument. The coun
sel for the defendants announced ax
this Juncture that the defense rests.
Rebuttal Testimony.
Officer C. E. Barrow was first wit
ness called by state In rebuttal.
Knows defendant Tim Holderfleld.
Saw him on Monday after the homi
cide and had a conversation with
him. Holderfleld told Barrow about
some woman getting out of a carriage
at a house In East Raleigh early 'in
the night, and then he, Holderfleld,
got drunk and went into Cotton's
back room and went to sleep.
No cross-examination.
William H. Hicks had place of
business on the corner of East and
Davie streets all of last year. About
200 yards west of Cotton's. Heard
about Smith being found about 10
o'clock on Sunday, November 15.
Saw Holderfleld eurly the night be
fore, just . after dark. Holderfleld
went back towards Cotton's place af
ter buying two bladders of snuff from
the witness.
No cross-examination.
Frank Bryant has known Holder-
field all his life. Witness was at Dan
Harris' junk shop on night before
the finding of the body in the rock
quarry. Went there immediately af-.
ter supper. Stayed there about two
hours. . Witness said that if Tim
Holderfleld 'came there he did not see
him, and that he did not see Coier
King, Carl Harris or William Godwin
there at all. Said that Alfred Blake
and several others were In the Bhop.
Alfred Blake, who lives on south
Fayetteville street, has known Tim
Holderfleld ten or eleven years.
Knows Carl Harris and William God
win. Witness did not know that ne
was at Dan Harris' Saturday previous
to the finding of Smith's body at the
rock quarry on Sunday, November
l&th... '..:'-.
Laura Woods, colored, had seen
Tim. Holderfleld before the man was
found In the rock quarry. Saw Hol
derfleld one afternoon since in front
of Nancy Cotton's house: on east
Davie street. Holderfleld passed by
and asked what was the news. Nancy
answered, "Everything." He went
on down to Hick's corner and later"
came back by and told Nancy that he
had read it all. Asked Nancy if it
wasn't a wonder that he was not mix
ed up in this matter. She answered
no because she did not think he
would do anything like that. "Yes I
was In it," he replied, "but I was
sleepy as hell."
Cross-examination by Mr. Hliisdule.
Denied ever having been arrested
for Belling whiskey or that she was a
street strumpet, ut admitted that
she drank whiskey when she could
get it. '
Witness says that she did not tell
John 01 instead that she did not know
anything about the case.
On being asked to have Mr. Olm-
stead retire that the defense would
call him in rebuttal, the court said
that it would not cross a bridge until
it came to it. "The state Is at the
bat," said the court.
Alice Grlffln was next called by the
state. Lived at 640 east Davie street
(Continued on Page Five,) .
. '.. T:
Free Trade . mweeh United
SWes . ani; Philippines
Would Ruin Bis itiiiintry
SPOKE fflTH niFFICULTY
Speaker Caniion Not Present Today
and Representative Dalell, of
Pennsylvania, Culls (he House to
Order Representative Moore
Makes 11k; First SjM'eeli Says His
District Has Been Built l'p by Un
American Poliry of Protection.
Wants Protection For the Fanner,
the Lalforcr, and: the Capitalist.
Mcmner.s Linen With Interest lo
Jlclejtute From Philippines.
(Ry Leased Wire, to The Times)
Washington, April 2 - la tho ab
sence of 'Speaker Cannon Representa
tive' Dalze.ll called the iouki to order
at. 10 o'clock. Representative Moore
of Pennsylvania made the first ap
proach defending the Payne bill. He
spoke of .tho advantages of protection.
His district is purely a '..manufactur
ing ' one,- he said, built, up by the
American policy of protection. He
urged protection to the farmer, the
laboring man and ' the capitalist.". He
asserted that it had raised the stand
ard of living In', this country and the
revenues to meet the expenses of the
government.
Commissioner Resident O'Campo,
of the Philippines, presented a unique
figure when Ijo began making an ad
dress to,an American, cu j.Jess. JUeuir..
hers gathered around him so that they
could hear him plainly, He spoke
with considerable "'' difficulty. The
trend of his remarks was that free
trade between tho United States and
the; Philippines would financially
ruin the latter and delay the day of
independence.
He asked the privilege for his peo
ple of selling their goods free of tariff
duties in the United Slates, but they
want the privilege" of taxing articles
coming from tho. United States into
the Philippines. He approved that
part of the Payne bill-which 'allows
a free importation of Philippine su
gar to the amount of 300,000 tons per
year and also tobacco. In return the
Philippines would bo 'willing to ad
mit free of duty agricultural '.imple
ments from the United States.
Representative-Ynunir nrftucd In fa
vor, of five hides. "Hides have never
been taxed," lie said, "since the pas
sage of -the . 'liingicy bill."'-' .The lax
dues not protect '.the farmer, but save
an opportunity for a trust, which has
already established twenty-five tan
neries In this country.
Representative Kplght "raid that If
hides were placed in the free list boots
and shoes should be included. He op
posed the reduction of the duty on
lumber, and advocated one on .cotton
ties, which cost the planter-'about tl.-
000.000 a year. While cotton is jiracti-
cally unprotected.
It is expected the house will vote -on
a rule Monday for the consideration o'
the Payne bill and .amendments anil
fixing the day for the final vote. The
committee has agreed to report
iimendments striking out the duty mi
tea and coffee, increasing the duly on
barley 25 cents, and providing ' f"'" a
vote on the lumber and hides' schedule.
This concession to the western repub
licans has secured enough votes to in
sure the adoption of the rule.
Representative hlndberg spoke in fa
vor of free tea and coffee and uiKt'd
that sugar be placed on the free list.
Representative llnnsdell, who is a
Louisiana protectionist, said the revis
ion of the tariff should be a business,
proposition and not a political one, as
It affects the Interests of the entire
people. He contended for it reasonable
duty on sea island cotton In order to
protect the cotton markets of the
south. He also advocated the duty on
lumber as provided for in the Dingley
bill.
COSTLY DAM BLOWN
UP BY DYNAMITERS
(By Leased Wire to The Times)
St. Charles, La., April 2. The Her
mentau dam at Grand Chenlere, forty
miles south of this place, has been dy
namited and destroyed for the third
time. The dam cost nearly $100,000 and
was. uunt ny me rice growers or somn
went Louisiana.
For many years a bitter controversy
has gone on between the rlee growers
and the cattle raisers of Camero par'
ish. -: ' - . - ,
Crajy Snake, the
IP M
p tip s I
Pierce, Okla.,' April 2 The '-pursuit
under Colonel Hoffman was resume:!
not raptured by nightfall the-pursuit
man will recommend that the stale offer a reward for his capture.
.Jjqdiiiim ,eaj.tuyd have, been rwlBa.sed.
FOR BETTER HIGHWAY
Nr. Jao. H. Ercsd of New
York a Visitor Here
Itepresents An Association That
Stands I''or System of National
Highways IJiiilt by Federal (iov
eriinienl Interest ill lio.ul-Huild-inH
is (tcncral Pleased With the
South.
Mr. .Ino. 11.: Ilroad, editor oC the
Morrisville ( N'. Y. ) Loader anil rep
resentative of the National 'flood
Iloads Ass.ocial.Um, has been spend
ing several' da; s in 'the city .Investi
gating business conditions and get
ting the sentiment of the business
men of the city on the question of
federal aid for road-building. .-When
seen at his room in the .Yarborough
House this morning Mr. Broad spoke
interestingly of the great, movement
which-, his organisation . is backing
and of industrial conditions in the
;;o.;lh in general.
The .organization Which he repre
sents began its work" about one uar
go, at St. Augustine, Fin.
Mr. John A. Stewart, a prominent
new l ork business man, head ot
many industrial enterprises and inter
ested in farm life, was the originator
of the movement and is president of
the association. The association .has
loadquarters in St. Augustine, also
In New York and Washington City;
Said Mr. Broad:
"Within the last 10 years there
have been a score of attempts to in
terest congress in the question of aid
ing in the const met Ion of a syi-.tcm of
national roads. None of those have
met with success. Mr. Stewart is now
in' Washington, .working to bind to
gether theso different organizations
Into one, in order that greater pres
sure may be brought to bear on the
national congress, it is our plan lo
eoifslrnct a system of lnink .highways,
emanating from St. Augustine and
running north, passing through the
principal cities of the south, inl.o
Washington und connecting wilh the
state highways of Maryland and
Pennsylvania, through New York into
New Kngland.. Then the trunk high
way would cross New York state,
connect with the Ohio R.vsloni, thence
to Omaha and then across the Rock
ies to the Pacific const.
"I have been In .Washington, and
while there conferred with (lie de
partments In regard to road-build-
ing, and I found that II would be
possible to have all preliminary sur
veys for this great system of roads
made by the United States war tie
(Continued on Page Two.) .
Fighting Indian Ji
of Crazy Snake by the state troops
at daybreak. If the Iudianleader Is
will he abandoned and Colonel Hoff-
All the
- . -. .:'..'-' ..-
GETTING INTO SHAPE
Ways and Means Committee
Kept Busy
At Least 100 Amendments. Have Keen
Considered and Whipped Into
Shape the Last. Two luys by the
; 'ommitlcc. :
( P.y Leased Wire to The'-Times').
Washington,: April 2 The ways
and nualis committee has done much
work in the last, two days. At least
loo '.amendments have been consid
ered and many have been whipped in
to shape to lie offered by the commit
tee when the Payne bill reaches con
sideration under the five-minute -rule,
Among these are those to strike out
i,!io duty on tjii, the countervailing
(iu t von roffecv and nn increase in the
duly 'oh bailey from 15 cents to 2
cents:. The committee has Intimated
that ii will provide for a separate
vole on lumber and hides, but as to
i-oa'i. that, il still is in doubt. The
west, 'in members especially are
tit lii ini; for all the protection they can
secure against Canadian lumber,
coal, and barley, and with the strong
protection-' sentiment among the
outhern democrats, it is believed the
chances are equal that a vote on lum
lier will restore the existing two dol
lar rate.
Chairman Payne believes the situ
ation will be cleared up by the first
of nextweek so that the question of a
rule can be disposed of without much
friction,
Unless the plans of the leaders mis-
carry, t lie vole will be taken a week
i'coin next .".Monday. The passage of
the bill Is assured with t ho changes
Indicated. "
X.V'i'lYi: SHOI "T
illlKKTY".
liiirrison I'ikIit Arms to Quell
: Disturbance.
Any
('alio, Kgy pi, April 2 The. Eng
lish garrison is under arms today un
ticlpat.ing further trouble from the
nathes who engaged In rioting yester
day. The rioters surged through the
streets siio'.itl.ig "liberty" and creat
ing wavy or terror. Tiiey were
charged by the mounted police and
beaten bark. Fire hose was turned
upon t liciii. which assisted In quelling
I hem.
Russian Troopx Capture Briuaiids,
St. Petersburg, April 2 Russian
troops today captured a band of bri
gands near Krasnoyarsk, Siberia, af
ter a desperate fight, In which si
brigands wore killed and five
wounded.
SEES ROOSEVELT
" r w 1m ; .-' . t '
AT
Ex-President Gets Vociferous
Welcome When He and
Party Land Today
HE ENTIRE TOWN OUT
,iiior Hamburg Arrived at Gibraltar
This Morning and Colonel Roose
velt and Number of Party Land,
and Are Driven About the Town,
While the People Shout Their Wel
come Learned That Ex-President
Had Narrow Escape From Possible
Drowning at Pun to Delgado Island.
While Landing in Open Boat Wave
Swept Over Boat and It Comes
Very Near Sinking Roosevelt
Waves His Hat.
(By Cable to The Times)
Gibraltar, April 2 The liner Ham-
urg, bearing the Roosevelt party, ar
rived here this morning. Mr. Roose- .
elt and his son, Kermit, with others
in the party, landed and visited the
town. The entire town turned out to
welcome the ex-president and their
welcome was vociferous. The Ameri
can consul was on hand with car- .
riages and Mr. Roosevelt was quickly
bundled into one of them. He en-
oyed everything immensely and fre-.'
quently murmured "bully".
On the arrival of Colonel Roose- ;
HI it was learned that-he had a nar-
ow --.escape from possible drowning at
Puma Dolgado Island on Tuesday
ast. United States Consul Creevy
and Vice-Consul Nichols came to the ,
Side of the steamRhicHambuxt iot
Colonel Roosevelt in an open boat; :
The sea was running high and only-
three .other passengers dared make
the trip to shore. ' ,
The open boats were put In tow of
launch and started for the dock
when a tremendous wave swept over '
hem and they almost sank. In spite
of the dangerous seas and the half
swamped condition of the boat Col
onel Roosevelt stood up in the small
raft und waved his hat. At the same
time the ship's band played "The
Star Spangled Banner".
Just as the boat reached the gang
way it was caught by a terrific- sea
and a wave 10 feet high swept over
Colonel Roosevelt went in the
water to his waist.
Colonel Roosevelt laughed at the :
incident, but those who saw him
make the trip and lucky leap to tue
gang-plank were frightened and in
grave fear for his safety.
The Hamburg left at 12:20 p. m.
for Naples.
PAJAMA TEA A SUCCESS.
(iirls Have a, Dandy Time Affair
Causes Sensation.
San Francisco, April 2 The "pa-
jama tea" to the young women of the
fashionable Satowa Club by Miss Ef-
fie Thatcher, is the sensation of Oak
land. . -
The young women are pretty and
popular. News of the affair has been
spread broadcast and there is a bus
ing among the social elect. - Some
condemn the pajama tea and others
seize it as a child would a new play
thing. It is being talked of between the
sipping of tea and the playing of five
hundred and bridge whist.
It all happened when Miss Thatch
er Invited the ten girls to her home
to commemorate the fifth anniversary
of their club. Over the telephone
Miss Thatcher asked each one to come
attired In pajamas, v
"Oh, that's jolly," was the general
assent. "Won't we have - a dandy
time? I always did hate skirts. -.
So In pajamas they came. There
were tea and cards and dancing and.'
music. "
Long Distance Walker.
Boston, Mass., April 2 Sergeant
John Walsh, of the United 8tates .
army, the long distance walker, who
arrived in Boston yesterday after
having completed a walk from Boston
to San Francisco and return, ft dist
ance of over 7,700 miles, in 166 days,
Is today on his way akaln, after. a
few hours rest, to repeat the ,per-
formance. -';- , - . ..
Walsh left Boston August .13,
1?08, and arrived in Ban- Francisco
October 23, according to hls-sUte-ment.
He Laid he lost 60 pounds, but
felt strong and would make tbs pres
ent trip In competition with Kdward
Payson Weston. Walsh Is 67 year
old. v
if.,