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. - -t T4 i ' ... A ' ; ;