' . ' . - ' - . . 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.,