Em fuetttoa CtowS" EDmoN
Weather. ,
Washington, May 3 Forecast
for North Carolina (or tonight
and Tuesday: Fair tonight and
Tuesday; warmer tonight.
ESTABLISHED 1871. A$!!W
RALEIGH, N. C, MONDAY, MAY 3, 1909.
PRICE 5 CENTS
PROGRESS OF THE
MURDER TRIAL OF
CAPTAIN
HAINS
Mrs. Annis, Widow of Mur
dered Man iu Court for
First Time.
MAY GO ON STAND
Considerable Mystery About Mrs. An
nis Going to Flushing District At
torney Refuses to Say Whether He
Will Put Her on Stand or Not
Defense Will Object to Her (Jiving
Any Direct Testimony Defense
Still Has About Forty Witnesses to
Put on Stand and Will Probably
Take Vp Kntiro Week With Tlieir
Side of the Case.
(By Leased Wire to The Times)
Flushing, L. I., May 3 Mrs , Wil
liam E. Annls,: beautiful widow of
the man for whose murder Captain
Peter C. Hains, Jr., U. S. A., is nt
on trial, came to Flushing today for
the first time since the trial began.
There was considerable mystery
thrown about her coming Irere at this
time.
Prosecutor Dewitt would say noth
ing about her visit and even refused
to say positively whether he intends
to call Mrs. Annis as a witness at this
trial. ':
Mr. Mclntyre, chief counsel for the
Hains family, said he expected to call
no less than' forty witnesses on his
side at the trial. This is certain to
take at least another week, if not
longer.
Mrs. Annis, not having been put
on the stand in the direct presenta
tion of the "state's "case, cannot now,
according to Mr. Mclntyre, be' ques
; tioned about her part in the actual
hooting of Annis and can only give
testimony in rebuttal.
Major D. J. Kelliher arrived here
today from Chicago to testify. Major
Kelliher was in the paymasters de
partment In the army building in
Whitehall street. New York, when
Captain Hains called there for his
money on the two occasions about
which Thornton Hains testified.
Major Ke'.liher will testify as to the
eccentric actions and incoherent ut
terances of the defendant.
Captain Hains, looking as pale and
absorbed as ever, was brought Into
court early. Dr. L. S. Manson, chief
alienist for . the defense, sat beside
him. The prisoner persisted in keep
ing on his overcoat. John F. Mcln
tyre finished his direct examination,
of Major Hains by having the wit
ness identify the' return sections of
the Bayslde excurson tickets which
Thornton Hains testified he had pur
chased on the day of the shooting.
Prosecutor Dewitt then cross-examined
the witness.
In answer to Mr. Dewitt's first
question, Major Hains declared that
Captain Hains had taken little or no
part In the various conversations be
tween him and Thornton about the
captain's affairs. Then he whs ques
tioned about his brother wearing
glasses. V
"Some times he has worn them,"
the witness SBid, "and at other times
he has gone without them."
"Do you know when he stopped
wearing them?" asked Mr. Dewitt.
"I don't know that he has ever
stopped using them," was the answer.
Mr. Dewitt smiled and sat down.
He will claim that the absence of
glasses gives to the prisoner's eyos
the peculiar staring look so much
commented upon.
Emma Lavcllo, the colored nurse
who worked In Captain trains' house
at Fort Hamilton, was called and
asked several "questions about Wil
liam E. Annls as to whether she
had ever seen Annls In the captain's
home when the latter was not there.
The court ruled that nothing con
cerning Annls was admlssable unless
it could be shown that It affectod the
defendant's mind or he was present
when the Incident testified about hap
pened. Emma was allowed to tell of the
Intimacy between Claudia Italns and
Xnnls when it was made plain that
she had told the same story to the
captain himself ' '
"Mrs. Hains Introduced Mr. Annls
to me," declared the witness: "I told
the captain, as her 'affinity."
She said that when she finished
the captaln'8 face was "set and star
ing, with bis face pale and drawn. .
He 1c.pt repeating, "My God, this
Is awful, this is awful," and bis eyes
seemed to -be "about to pop out of his
( to" I :. .
"A.- .
The Two Children of Capt. Hains. g
$$.
hi f
These nre the two little sons of
the killing of William K. Annls. : At
the right Is John Hains. ;'
WRIGHTS COMING HOME
With
Many Mis
Prizes
'and
Wilbur and Orville Wright 'and Their
Sister on Their Way Home Will
be Presented With .Medal in Lon
don Tonight.
(By Cablu to Tim Times)
London, May 3- Vilt)iir and Or
ville Wright, with tlieir sislcr. arriv
ed in London last night nurt wore mot
at the station by several British aero
nauts. Wilbur Wright said his' Eu
ropean tour had been very satisfac
tory. :
"In the past : year," "he added,'','!
must have (lywn but ween 2,500 and
3,000 miles, and I take back to Amer
ica -about a score of prizes won for
holghth, length, and distance of flight
in an aeroplane."
Tlic American aeronauts have come
to England to receive I he gold medal
of the British .tcronautirul society,
which will be presented to them this
evening and invited to sail for New
York on the Kron Prinzesslii CVcKe
next Wednesday. Orvillo Wright
said that, ho and his brother expected
to meet a representative of the Brit
ish government during tlieir brief
stay In England,- but. he was not pre
pared to say whether tho war office
would or would not order one or
more of their aeroplanes. :
A party of Englishmen, each
member of which has taken a light
with Wilbur Wright, ; will give the
brothers a luncheon today. The din
ner of tho - .'aeronautical society In
their honor, at which they will re
ceive the medal,' occurs In the even
ing, and will provide an opportunity
for a meeting between the Wrights
and some of the advisers of the. war
office. Tho brothers are .-scheduled
to return to Germany in September to
fill a coutract for the kaiser's gov
ernment.; I)R. JACKSOX l)K.l.
Prominent Missionary and Philan
thropist Died In AshKllle. '
(By Leased Wire to The Times)
AshevMe, N. C, April 3 Dr.
Sheldon Jackson, United States, gen
eral agent of education In Alaska,
manager of tho government reindeer
herds there and a missionary of the
Presbyterian church, died hero yes
terday following' two operations per
formed last Monday. The body will
be taken to Washington, D. C, for
burial.
Dr. Jackson was a member of
many scientific, religious and philan
thropic societies and bad written a
large number of books nd essays on
subject dealing wltb Alaska,
('apt. Peter C. Hains, now on trial for
the left is Peter C. Hains. Ill and at
' '
THE GOVERNMENT WINS
Decision in the Commodities
Clause Case.
Supreme 'ouit Benders Decision In
Case of Coal Heads Koads Can
not Haul Tlieir Own Coal in Pref
erence to Products 'of Shippers.
(By Leased Wire to The Times)
Washington, May'' Tho supreme'
court today rendered its long-expected
det isioa in the case Involving the
eoii.'-.titiiiionality of the commodities
clause' of the Hepburn rate law of
l'MMi, In tho cases against the anthra
oiie coal roads. The finding was that
t lie clause is 'constitutional'.'..' -:-'.
Profound interest; attaches to the
lung-delayed decision. The clause in
question prohibited railroad compa
nies ..from transporting I heir . own
commodities', from one state to an
other. Tho decision has been expect
ed for inure, than two. months. The
clause In question applied more par
ticularly in the eases decided today
to those roads who own interests in
local mines along their routes. The
court below in a decision rendered
months ago by Judge George Gray, of
Delaware, hold the clause to ho un
constitutional'., on several grounds.
The government contended that the
clause was conHtllutionul and enact
ed under. the -authority of congress to
control interstate commerce. The
lower court, laid great stress on the
"unreasonableness" of the clause.
It was claimed that the enforce
ment, of the claiiso would revolution
ize 1 ho ..'finances : and control of the
coal-carrying roads, and that great
dauiago would he Inflicted upon the
Triads if the clause was enforced. The
government,' however,'-held that the
letter of the law must bo observed, re
gardless of what damage was Inflict
ed. .: '
"CASHIKK'M DOWNFALL.
Women, Horses and the Stock Mar
' ket the Cause.
(By Leased Wire to The Times)
Minneapolis, Minn., May 3 Wo
men, horses and the stock market are
said to have brought about the down
full of Ellis W. NUes, receiving tel'er
in the First National Bank, who Is
detained on the charge of embezzling
$37,867 of the funds of the bank.
Caught as "he was entering the
bunk Friday, it Is said, he made a
desperate effort to draw a revolver,
presumably, to shoot himself, but was
Overpowered. He has been kept un
der guard ever since, and It is said
bus made a confession and is trying
to refund the money. ITp to date,(
Is said, he has returned f 8,000 to the
bank officials. '
SENATE EXPECTS
BUSY WEEK WITH
THE TARIFF BILL
Several Set Speeches on the
Aldrich Bill Will be Made
This Week.
FIGHT FOR REDUCTION
Senator llollivei- of Iowa Will Sieak
and is Kxuected lo Lead the Fight
for Revision Downward Will At
liiek Schedules I'pon Which He Be
lieves the Duty is Too High Oppo
sition to Senator Aldrich's , Maxi
mum and Minimum Plan Tho
(Grounds of Objection. Southern
Democrats Charged With Respon
sibility for Revision Vpward.
(By Leased Wire to The Times)
Washington, May ".-The senate Is
looking forward to a busy week in
the .consideration of the tariff bill.
There are several set speeches sched
uled for delivery, including that of
Senator Dolliver, which is awaited
with. much, interest. The Iowa sen
ator lias already intimated that he
will attack some of the rates in the
pending bill, especially the cotton and
woolen schedules, pottery, and gass
ware, and certain otjier manufactur
ed products upon which he beieves
the duties are too high. Thus far
thesesubjects- have not been touched
upon except in a very general way in
debate. : . "
Th revision downward, republicans
expect Senator DolViver to lead the
fight for reduction, Senator Piles and
Senator Jones are expected to discuss
the lumber schedules, upon which
more has been said than upon all the
tther schedules together. Several
speeches on the Income tax are also
to he delivered. y
Opposition to Senator: Aldrich's
maximum and minimum tariff plan is
rapidly developing in the senate, as
members have had an opportunity to
examine his proposed amendment.
Argument against. it is based upon
the fact that the maximum of 25' per
cent ad valorem is a large increase
over the 20 per cent provision of the
house hill. The difference is not
merely five per cent. In the house
bill the advance when the mamimum
tariff is enforced is 20 per cent of the
regular duties, while in the senate
bill, the advance is 25 per cent of the
value of the goods imported.' In
many instances this would make the
duty prohibitive. Another ground
put forth for objection is that the
provision places too great power in
the hands of -'the president. Tho ad
justment of the matter will doubtless
be left to conference.
An administration senator said to
day that if it were not for the fact
that the democrats in the senate had
changed front, on tho tariff question
the Payne-Aldrlch bill, as it now
Btands, could never pass that body.
The change that has come over the
southern senators, he said, on the tar
iff question, Is largely responsible for
the upward rather than the down
ward revision of the; tariff, and It will
bo the democratic vote in the senate
that will keep intact the schedules
prepared by Senator Aldrich, jus! as
it was .flu democratic votes in the
house that prevented lumber from
going on the freo list.
The senate began its session at 1 1
a. m. today, an hour earlier than
usual. Senator Crawford offered a
resolution calling on the secretary of
the treasury for information con
cerning the tariff of various conn
tries whit li discriminate against, the
United States and which would be af
fected by Die niaxlmum and minimum
amendment (o tho pending bill. Sen
ator 'Aldrich said it would require
nine months to compilo all tho Infor
mation asked for, and at his sugges
tion the resolution was referred to
the senate finance committee.
Senator Warner Bought to have a
resolution adopted providing for an
Investigation of the railroad rate in
Missouri by the interstate commerce
commission.
Senators Stone and Hale objected.
Consideration of the tariff bill was
then resumed and Senator Piles made
an argument in favor of a $2 duty
on lumber. He was Interrogated by
Senator Stone, as to the effect of a re
duction in duty (n the cost of lum
ber to the consumer.
Farmer Guilty of Murder.
Philadelphia, Pa.. Mar 3. After be
ing out 85 hours, the jury in the case
of Harry James, fL wealthy farmer,
accused of murdering his wife near
Westchester, brought In a verdict of
murder In the first degree today. !
DEMOCRATS ILL
SWEEP THE CITY
At 2:;!0 o'clock this afternoon re
ports from every precinct indicated a
sweeping victory for the democratic
ticket. At no point. had a republican
gain .been made. Instead of -.making
gains,-the' republicans' were not poll
ing tlieir full strength at 'any voting
place.
In the first division of the Fourth
Ward, Charles D. Wildes, republican
candidate for police justice, bung on
like rim death, chewing persistent ly
the end of an unlit stogie. When
asked by The Times man how his peo
ple (the republicans) were voting, be
said that they were hardly voting at
all- -not. even coming to the polls. He
said they Were either taking but lit
tle interest in the election or they
were out. of (own.
A life-long republican,' who was
voting while the reporter was talking
to Mr. Wildes, explained things as he
was leaving the polling place in com
pany with the reporter in a way that
would have interested Mr. Wildes and
explained the scarcity of the republi
can voters at. the ballot box. He said
that he had been a. republican all his
life but above his love for his party
was his love for his city.
"I vo'ted the straight democratic
ticket," he said, "because I felt that
I was doing my duty by my town.
The reform movement inaugurated
by the Good Government forces will
make for better things. , Hundreds of
republicans in this city feel just like
I do. We didnt put out a ticket. It
was all the work of a few an or
ganization known as the Young Men's
Republican Club. I couldn't vote for
that , bunch and do my duty by my
city!."-:.
This explains why the republicans
are not voting. They expect great
things of the democratic reform ticket
and will not jeopardize its chances by
appearing at the polls.
Sale of the Market House.
Those favoring the Sale of the mar
ket house are in the ascendency. In
no ward was there the slightest dan
ger to the measure. In the first di
vision of the Third Ward 210 votes
had been cast and only 10 votes had
been cast against the sale of the mar
ket house. It was the same all over
the city a clean sweep for decency
and progress! : - - .
The" Situation At 4:30.
At 4:30 this afternoon the situa
tion had not changed, The demo
crats had a heavy lead everywhere
and only the republicans were voting
against the sa'.e of the market house,
The vote stood about as follows:
First Ward, First Division: One
hundred and thirty-seven had voted
Of this number less than one-third
had voted aaginst the sale of. the
market house. In the second divis
ion 9S democrats had voted and 36
republicans, nearly all of the latter
voting against the sale of the market
house.
In the Second Ward, First Divis
ion, 101 had voted, Five had voted
against the sale of the market house
and seven republicans hid cast their
ballots. .
In the Second Division of the Sec
ond Ward, 130 had voted. The re
publican vote was light and only a
few votes had been registered against
the sale of the market.
In the Third Ward, First Division
210 had voted. Nine had voted
against the sale of the market house.
In the Second Division the republican
vole was almost a negligible ;uan
tity. The republican candidate for
alderman left the polls at noon, en
tirely disgusted, He had received
only three Votes at that time. The
foes of the sale of the market house
were few and far between. At 4:30
til republican vote had barely roach
ed the dozen mark.
In the Fourth Ward, First Divis
ion, 140 had voted, Less than one
dozen bad -.voted against-the sale of
the market house and (here were
only 10 or 15 republican votes In the
boxes. In the second division of this
ward S( had voted. Kiglily were for
the sale of (ho market and six
against. J. Sherwood I'pohureli had
received S3 votes. Col. .1. C. L. liar
rls, the republican candidate oppos
ing, had three votes.
Monument to Shepherd.
.Washington, May 3 A monument
to the memory of the late Alexander
Robert. Shepherd, governor of the Dis
trict of Columbia, when it was under
a territorial form of government, was
unveiled In Washington this after
noon.
President Taft, members of his cab
inet, and many senators and repre
sentatives participated in the exer
cises.
Xorth Carolina Ptit masters.
Washington, May ff Fourth-class
postmasters were appointed today as
follows:
North Carolina: Carlco: Grover H
H. Carlco; Oklsko: John V. Lane,
MANY! HANGED
FOIfLOTTING
AGAINST TURKS
Thirteen Political Offenders
Hanged in the Streets
of Constantinople
VICTIMS HAVE COURAGE
The Most Conspicuous Points in the
City Were Chosen For the Places
of F.ycrutioii, and Thousands of
People (iHthercd About the Swaying
liodies Crowd Cheered as the
Bodies Swung Of)' Men Executed
Were leaders in the Movement
Against (he Young Turks Courts
martial Busy.
"': (By Cable to The Times)
Constantinople May 3 Thirteen
lolkicai. offenders, tried and con
demned to death by court-martial,
were hanged in the city today. The
most conspicuous points were chosen
ind thousands of people gathered to
look" upon,, the bodies swinging from
be improvised gibbets.
The sight was a sickening one. Tho
prisoners took their fate coolly and
walked to the scaffolds with great
oarage. The crowd that gathered
about the ghastly work of the hang
men cheered as the bodies swung off.
All through the day the bodies
swayed In the sunlight, their fea
tures contorted into ghastly grins by
the noose, The men executed today
were undoubtedly the leaders of the
mutinies against the Young Turks.
It is also believed that some of them
were the leaders of the latest revolt
who were sought yesterday and last
night. ;
The victims include the assassins
of Mazim Pasha and those who pro
moted the '.uprising of the marines in
the Kassim barracks. These barracks
are situated immediately behnd the
American embassy and the marines
housed In It belong to the old disaf
fected garrls'.i.. .
The bodies of those executed to
day wtre allowed to hang in their
public positions for many hours. This
was designed as a public warning and
to show all plotters what punshment
would be meted out to them if
caught. Coasts martial are being
held continuously, and executions will
go on daily.
The thirteen executions today wcro
the forerunners of 100 public hang
ings which Will take place within tho
next 4 S hours. Many of the suspect
ed ringleaders in the reactionary
movement, whose part in the upris
ings was k minor importance, will be
sentenled to hard labor.
The Tewfik Pasha ministry res-
signed today. The new grand vizer
will be Hilml Pasha. ;
One of the reports today is that tho
Young Turks arc contemplating an
other change of sovereigns. They
fear, so it is reported that Me
hemmed V is too much under the in
fluence of members of the old cabinet.
If the report is authenticated the new
sultan may be removed.
GOYKKXOR JOHNSON.
Will Spend Some Time in the South,
l.ikes This Section.
(By Leased Wire to The Times)
Richmond, Va., May 3 Governor
John A. Johnson, of Minnesota, ac
companied by Mrs. Johnson and a
party Of ten, spent; Sunday here.
Governor Johnson has abandoned his
speech-making itinerary in the west
for the purpose of bringing Mrs.
Johnson through the south. Tho trip
Is being made for recreation.
The parly will go to Old Point
Comfort today and will probably re
main in Virginia for several days.
Governor Johnson refuses to dis
cuss politics. He expresses himself
as immensely pleased with the south.
l'I,.;S RKTCKXUD.
.' '..
Ohio Troops Will Return Hugs to
Old Confederate.
(By Leased Wire to The Times)
Hunt8vi',le, Ala., May 8 The an
nual meeting of the Alabama divis
ion of the Vnlted Daughters of the
Confederacy to be held In Huntsvllle,
May 11-13, will be made notable by
the return of two Confederate flags
that were captured by Ohio troops In
a raid near Selma In the spring of
1X65. They will be brought bnck to
Alabama by John A. Pitts, who was
with the north Ohio cavalry, and
Captain William W. Shoemaker, of
the same command. They will eome
as the representatives of the state of
Ohio, wltb squad ot old comrades.
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