Weather. SECOND Washington, May 8 Forecast for North Carolina for tonight and Sun day: Showers tonight or Sunday; variable winds shifting easterly. , - EDITION ESTABLISHED 1871. TWELVE PAGES TODAY RALEIGH, N. C, SATURDAY, MAY 8, 1909. TWELVE PAGES TODAY PRICE 5 CENTS BOYLE IS FOUND GUILTY OF Jury Returns Verdict Against Woman in Willie Wliitla Case END OF THE NOTED CASE William McDermott of Chicago, a Brother of Mrs. Boyle, in Court Room Today Mrs. Boyle Says She Will Commit Suicide Before She Will Go to the Penitentiary Ad. dress of Judge Miller, One of Anient Ever Heard In Mercer Ooun Ky Says State Might Just as Well Have Left Case to Mob. . (By Leased Wire to The Times) Mercer, Pa., May 8 The jury in the case of Mrs. Helen Boyle return ed a verdict this afternoon finding her guilty of aiding, abetting and as sisting in the kidnapping of Willie Whltla, of Sharon. She was convict ed on the second count in the indict ment. The Jury , retired shortly be fore noon and reached a verdict after taking but a single ballot. Without revealing the result to the court, they were tafcen to the Hotel Humes for luncheon ; and upon thei return to court announced thclr verdict. Mercer,, Pa., May 8 Sitting beside her brother, William McDermott, of Chicago, Helen Boyle listened to the arguments of counsel touay in her bat tie for freedom on the charges of kid napping and aiding and abetting in tire kidnapping of Willie Whltla. There was an affecting meeting in the Jail when the brother visited his sis ter..' At 8:50 o'clock the Whltla party arrived from Sharon and when court opened at 9 o'clock the room was completely filled. Mrs. Boyle held numerous conversations with her brother, who remained seated at the counsel table with her. "Both Jimmle and myself have tried to tell the whole story in con nection with this case," said Mrs. Boyle, "We have not been permitted to do so. It Is injustice. Everything should be heard and thrashed out. As for myself, I win commit suicide be fore 1 go to the penitentiary." At 9 o'clock court opened and At torney Miller, for the defense, Q. A. Gordon, for the commonwealth, and Judge .Williams had a short confer ence. Then Judge Miller presented eight points of law In the case. Immediately after presenting his points on which he wished the Jury to be charged, he began his address to the Jury. The address of former Judge Miller was one of the ablest and most elo quent ever heard in Mercer county. In effect he said that Mrs. Boyle bad never been proved to have been mixed up in the kidnapping of Billy Whitla. It was for that reason, he said, that the second charge of "aiding and abetting" was added. Judge Miller said the prosecution were "trying James Boyle over again" Instead of proving Mrs. Boyle's connection with the case. "I bavo been associated in this court in various capacities since 1872," he continued, "and never be fore did I see so' much influence and so much wealth UBed to corrupt and prejudice your minds as In this case." Judge Miller said not a scintilla of evidence bad been presented against the woman and pointed out that the commonwealth had produced no evi dence to contradict Mrs. Boyle's state ment that she . had expected to get money from' her father. . "Why," he exclaimed, "they might as well have left it to the mob which tried to attack Mrs. Boyle Thursday afternoon as to ask the jurors to guess at their viewpoint and find ac cordingly. "That mob was a disgrace to tbe town when their passions were arous ed and they wanted to show what they could do with a frail woman un der Indictment. The commonwealth wants you as members of this Jury to guess at the guilt of Mrs., Boyle. No evidence has been produced to con nect her with any crime in this state and this court has no Jurisdiction against her. , The address to the Jury for the commonwealth wan made by Attorney Q,,A Gordon." who- pointed out the heinous character of the offense and said that James Boyle was not smart enough to concoct the plot, but that It was planned by tbe defendant, '' , MRS KIDNAPPING COLONELRELEE WILL BE ORATOR MEMORIAL DAY Will Make the Annual Address Before the Memorial Asso elation Monday RECEPTION AT CLUB Memorial Association Has Been Pe culiarly Fortunate in Getting Col onel Robert E. lie", of Fairfax County, Va., Grandson of the Great General, to Make the Memorial Address Dinner Will be Served to Veterans in Capitol Square, Col onel Lee Being the Guest of Honor. Memorial Exercises at Confederate Cemetery at Four O'clock. Monday, May 10th, will be a proud day for Raleigh, when she entertains Col. Robert E. Lee, of Ravenworth, Fairfax county, Virginia, the oldest grandson of the south's beloved lead er. General Robert E. Lee. Colonel Lee will make the annual memorial address Monday afternoon. The Memorial Association has been very fortunate in securing Colonel Lee, for as a grandson of General Lee it Is most fitting that he should make the address in memory of the men who fought for the south. There no name more honored nor loved throughout the whole south than that of General Robert E. Lee, and no where is it honored and loved more than in North Carolina. It was from him that tbe people of the state won the proud name of "Tar Heels", for the soldiers from North Carolina stood by him in every struggle as if indeed they hud tar on their heels. In the name of his beloved grandfather and for himself Raleigh will extend a royal welcome to Colonel Lee for there could be no more welcome visi tor in our city. He will arrive in Raleigh tomor row morning and will be met at the station by a special committee ap pointed by the Memorial Association. He will be driven to the. home of Col. Thos. S. Kenan, whose guest he will 'je during his stay in the city. From 12 to 1 o'clock on Monday he annual dinner to the Confederate Veterans will be served at the Capi tal Square. All contributions to ward this dinner must be at the Cap iat grounds not Inter than 10:00 o'clock. Colonel Lee will be the guest of honor at this dinner. The regular memorial exercises will take place in the pavllllon at the Confederate cemetery at 4 o'clock Monday afternoon, at . which time Colonel Lee will deliver the annual address. There will be no exercises in the city. Dr. B. F. Dixon will act as chief marshal. He will be assisted by 15 mounted marshals, who will escort Colonel Lee to the cemetery. The band from the State School for the Blind, composed of 21 pieces, will furnish the orchestra music. The cho!r will be composed of tbe mem bers of the different city choirs and they will render the sacred music. The L. O. B. Branch famous Con federate Drum Corps will be present and will give some of their stlriling old war tunes. The following Is the full program of the exercises: Mub1c--L. O. B. Branch Drum Corps. Music By the band. Prayer Rev. Milton A. Barber. 'How Firm a Foundation" By the choir. - Introduction of Orator By Dr. B. P. Dixon. '.' Address By Col. Robert E. Lee. Music By the band. Soldier's Farewell" Mrs. Horace Dowell. "' Music By the band. Tehting Tonight" By the choir. ' Benediction By Rev. Milton A. Bar ber. ": . '- Music By the band. ' Decoration of the graves. : Reception at Capital Club. In honor of Col. Robert B. Lee the Capital : Club will throw open Its doors Monday evening from 9:00 to 10:30 to the whole city. This is the first time In the history of the club that a reception, has been given to all the cltlaens of Raleigh, non-mem bers qr the club, and It is only an other expression of the exteera the city feels for Colonel Lee. It It in deed a "high honor and will be n beau tiful tribute from the city through the ciub. . . ;C ;; ' ? . ' , Mr. Lltchford, president ot : the club, cordially extendi an Invitation (Continud en rag Iwe.) - Every Butcher Indictable Under the The butchers of this city, the sanitary officers, and the numerous dignitaries that guard the health and peace of this municipality, may not know it, but there is a very stringent pure food law in force in this state. It may be found by those interested (and several persons in this city should be interested) in Chapter 368 of the Laws of 1907, and will prove especially instructive to the butchers and officers aforesaid. It will be seen that under the law every butcher in the city is liable to indictment. Not one could escape conviction. The health and peace officers of the city of Raleigh are hereby notified that failure to comply with the plain provisions of the law from this day henceforth will not be Charitably attributed to ignorance of the law, but to wilful neglect of duty. Section 8 of the pure food law roads as follows: Sec. 8. That it shall be unlawful for any person or persons, Arm or rorKrnWoii, to sell, or to have In his or their ossesflon to sell for human food, the cuirass or parts of any animal which bus been slaughtered, prepared or kept under unsanitary conditions; and unsanitary conditions shall legally exist wherever and when, ever any one or more of the following conditions appear or are found, to-wit: Jf the slansliter-liousc is dilapi dated and In a state of decay; If the maggots or filthy pools or hog-wallows exist in the slaughter-house yard or under the slaughter-house; If the water supply Is not pure and unpolluted; if hogs are kept in the slaughter-house yard, or fed therein on animal offal, or If the odors of putrefaction ii Kepi in unclean or ona-smelllng storage-rooms. All peace and health officers- shall have the power and nre commanded to seize any nnimnl carcass or parts of carcasses which are intended for sale or offered for sale for human food, which have lieen slaughtered and prepared, handled or kept under with to and before the nearest police said poIf.ce Judge or said justice of tjie for all persons who have violated the sons, firm or corporation found guilty of violating the provisions of this nor more than one hundred dollars, BAD DAIRY CONDITIONS Expert Gives Statement of Actual Conditions Mr. J. A. Conovcr, of the United States Department of Agriculture, In Charge of Co-operative Demon stration Work Here Gives State ment of Dairy Conditions Here. To the Editor of The Times: To road the ordinance and the rules and regulations concerning the sale of milk In Raleigh would lead one to think that this city was well provided for so far as Its milk supply was con cerned, but If one will take the trou ble to look a little deeper than the or dinance, Into the real working of the milk supply he will see much room for Improvement. . , A comparison of the ordinance and the actual conditions as they exist as observed In a personal visit by the. writer may help to throw some light on this subject. In the rules and regulations govern ing the sale of milk adopted by the Board of Milk Commission March 7, 190S Is the following: Rule 3 article 3. "It shall be the duty of the milk Inspector to thorough ly Inspect the premises of each dairy at least once a month and report condi tions." When the dairymen Were asked how often the Inspector came out to see them the answer In ecery case was, "he never has been out." How then can he be expected to know the condi tions. Further on In the same article ap pears: "He shall regard as unclean '.the- filling of bottles In any barn where there is hay or stock or on the street." We did not see bottles filled in the barn, but we have seen bottles filled time and again on the street and any Inspector who hasn't seen this must have Indeed been a blind one. Not only this, but we have seen the driver a leave a full bottle at a house, collect an empty bottle take it to his wagon and fill it for tho next customer. Can anything be worse. We doubt It. ' Parties In the first house might have some contagious disease which could easily be spread in this manner. Then again there is no telling whether that bottle, was properly wash- ed or not. All-milk should be sold In bottles and these should be filled and sealed at the farm. Bottles should be washed by the customer and again washed and sterilized at the farm. Some of the dairies have ample pro vision for doing this, but there are others that have none or but very crude appliances for the proper hand ling of the dairy utensils. Reading on further we find that the presence of "manure or filth on the udder or belly, of the cow, dust in the place of milking, unclean habits of milking or milkers; filthy or unventil- ated stables," all these conditions shall be regarded as unclean. Yet there was not ' a dairy visited that did not dis obey one or all of these conditions. We saw cows being milked that had from one hatt to one inch of manure caked to the flank and In a few cases on the udder; we Saw men milking who had but just finished cleaning the stables or doing the feeding whose clothes were covered- with dirt and dust from the feed; 'we were lit sta bles Which had little or no light and In which no pretence was' made toward ventilation. We saw In these same sta bles the milk being strained, Into cans placed directly back of the Cows. Milk so treated is certain to absorb unpleas ant odors even though nothing worse gets Ihto It. Where la the Inspector? In section 12 chapter XXII of the ordinance of the city we find: "It shall be unlawful to sell or offer for sale the milk from any cow" that may be sick, diseased or suffering from any bodily condition or disorder liable to render her milk unfit or unsafe to be used as food," So far as we could learn none of the herds were ever Inspected by a qualified veterinarian and only nno or two herds had been subjected to the tuberculin test Tet there Is- abund ant evldenee. tuberculosis can be trans mitted from the cow to man through the milk. Then why should not all the herd be' iubjeoUd to the teat? There drainage of the slaughter-house or Hlaughtcr-huii.se yawl is not efficient; if plainly exist therein, or if kept in unclean, bad-smelling refrigerators, or unsanitary conditions as herein defined, and shall deliver the same forth, judge or justice of the peace, together with ail Information obtained, and peace shall, upon sworn complaint being filed, issue wan-nuts of arrest provisions of this section, and proceed to try the case. Anv nerson. ncr- and the meat in question shall Ik- destroyed. has been in the past In other cities much "lake" tuberculosis testing, to guard against this the clly should re quire this testing to' be done by the State veterinarian who offers to do this work free of charge. Aslievile has had all the cows supplying milk to that city tuberculin' tested, there being something over 1,000 this work was done he fir. HartmaH, .assistant State veterinarian. Is Raleigh going to take a back see.'.? We have shown what some of the conditions are, now how can -they be improved? A few changes would need to bo made in the city ordinance, but. for the most part It Is -sufficient, if In forced. First, there Would need to he a change in the system of inspection. The time to Inspect milk is while it is still on the wagon, before it ever reaches tho customer, if found dirty, adulterted or that preservatives havo been used the wholo load should be condemned on the spot and not allow ed to be sold. A milk inspector who understands his business can, with the proper appliances, Inspect a wagon in five minutes and determine all these points and whether or not the milk comes up to the' stanpwrft. By taking a sample of milk from Vach wagon the Inspector could, later in the day, muke all the tests required to determine the richness' and bacteria content. The farms should be inspected at least once a month. The United States government score card should be put Into use. each dairy scored, and these Scores with the names of the farms published. It would seem then that above every, thing else Kaleish ; needs a good live, up-to-date milk inspector who shall have this particular line of work to do and nothing else, but he can't be had for five hundred dollars or less which would seem to be the bunt, if section eight of the ordinance regu lating the sale of milk Is to be taken literally. Such a man must be fainl llet with all the tests which are used in inspection and he must also have a knowledge of sanitation, must be i diplomat and must have the backing of the city board of health. A great many of the sixty people selling -milk In Raleigh live in town and keep from one to eight cows; these need look ing after as well as those on the farms. Some of the worst places visited are right here within the city limits. Every one should be treated a like In this matter. The city dweller who sell milk should be made to provide every thing necessary to produce a good arti cle, up to the standard. The consumer should be taught the value of good clean milk from a tuber culin tested herd and he should be will ing to pay a price at which such milk can be produced. At the present price of feed stuffs there Is little money for the dairymen selling milk at 8 cents per quart. J. A. CONOVETt. EXTRA GUARD (By Leased Wire to The Times) Waverly. Tenn.. Maq 8. An extra guard was on duty at the jail today to prevent any plan to liberate the night riders on trial here. Will Abbott, al leged to have been whipped by night riders, caused a stir by reporting that the night riders at large were prepar ing to dynamite the Waverly jail be fore the trial of the fifteen prisoners was fended. It is rumored that dyna mite was found in the cells of the n' Uen prisoners at the jail. Left Over a Billion Dollars. (By Cable to The Times) Paris, May 8 It Is reported from Pekln In dispatches today that the late dowager empress of China left a treasure of one billion one hundred millions of dollars which has been found In the palace vaults. The re gent Intends to spend a great part of title era to provide a powerful navy. Count Tolstoi 111. ..". . (By Cable to The Tlmee) St. Petersburg. May 8 Count Tol stol, the writer, Is Again reported to be very ill at bis home. HOLDSPRISONEKS Pure Food Law. section shall be fined not less than ten PROPRtSS HAINS CASE Courts Charge Probably on Tuesday Mclntyre Made His Boldest Move by Closing Defense Immediately After Prosecution Had Closed its Side ot. ' Case. - (By Leased Wire to The Times) New York, May 8 John F. Mcln tyre, chief counsel of Captain Peter C. Hains, on trial at Flushing for the killing of William E. Annis at the Bayside Yacht Club, made the posi tive assertion today that he felt that 9 of the jrors would vote for the ac quittal of the army officer on the first ballot. "I feel that the first ballot of the jury will be nine for acquittali" said Mr. Mclntyre In discussing the pos sible outcome. "I feel that a good majority of those twelve men have made up their minds that Catain Hains should be acquitted. They have heard the ter rible story of the wrongs done him. I am not at all worried about the tes timony aimed against him by his brother officers and the evidence of the alienists, for the prosecution help ed us instead of hurting us." By suddenly closing the side of the defense after the prosecution had fin ished with its witnesses in rebuttal, Mr. Mclntyre made his boldest move. By bringing forth army . officers and alienists in rebuttal the prosecu tion practically wiped out the insan ity defense built up for Hains. Mr. Mclntyre, however, Instead of trying to discredit these witnesses, let mat ters stand as they did and announced that he, too, had closed his side of the case. Both sides have filed briefs with Judge Garretson containing sugges tions and requests for the courts charge, which will probably be made on Tuesday. On Monday the prose cution and defense will sum up, th defense taking three hours for its ad dress. The judge's charge is expect ed to be over by noon Tuesday and the case will then go to the jury. Be fore that night he may know his fate. Mr. Mclntyre said that he would not use more than three hours to sum up on Monday. "I can tell the whole story in that limn," he said, "and what would be the use of prolonging It?" DKPITY MARSHAL KILLED. In Fight With Moonshiners Officer Loses Life. (By Leased Wire to The Times) Huko, Okla., May 8 In a fight bo-J twecn a posse and moonshiners near Turkey Creek today United States Deputy Marshal Lou Holden was killed. The hand was routed after many shots had been fired. Three of the moonshiners were captured. The still wna destroyed and a quantity of whiskey confiscated. -,' Mrs. Gladden Dead. (By Leased Wire to The Times) Columbus, O., May 8 Mrs. Glad don, wife of Dr. Washington Glad den, pastor of the First Congrega tional church, died today ot arterial sclerosis. She had been an invalid for four years. Dr. and Mrs. Gladden have made Columbus their home since 1882. V Castro Wanted At Home, (By Cable to The Times) Madrid, May 8 It Is reported here that Clprlnno Castro, the deposed South American dictator, has receiv ed a cablegram stating the Vonezuo lans wish him to return and resume the presidency. Castro, so.lt Is said, has declared that he will stand aloof .-.It - " . 4 uni loriuaiiy recaiea. OH N SWORD GIRDED TO NEW RULEROFTURKEY Ceremony Consummated With Great Splendor and Magnifi cence in Turkish Capital A GLITTERING PAGEANT Ceremony Which Answers to the Kites of Crowning in Monarchies Took Place Today in Constantinople In the Girding of the Sword of Oth man to the New Sultan Sultan Bides 'White Horse Harness Glit ter With Precious Stones First Function of Magnificence That the New, Democratic Sovereign Has Participated in. (By Cable to The Times) Constantinople, May 8 The gird ing of the sword of Othman upon Me hemmed V. took place today. This ceremony, which answers to the rites of crowning in monarchies was con summated amid great splendor and magnificence. The grand sheik of Novella Dede, Abdul Malin Effendi, next to the new sultanwas the principal figure at the investure. It was the Grand Sheik who fastened the sword upon the belt of the new ruler, while high functionaries of the court and state. garbed in costumes .of regal splendor glittering with jewels stood about. :. Mchemmed V. left the palace at 11 o'clock this morning, riding upon a white horse, the harness of which glittered with precious stones. '.. Two hundred roedames, attired in scarlet livery embroidered " In gold, wearing monumental headdresses, from which swept long, costly plumes, and carrying bunches of os trich feathers, preceded the sover eign. The girding of the sword was the first function of magnificence In which the democratic, new sovereign has indulged. The pageant which swept through the streets of the capital was one which the people of Constantinople do not often see. , Vehicles bearing ladies of the court all richly decorated, followed the new monarch. From the palace the procession moved to the famous Euyob mosque, where the ceremony was performed. The entire route was lined by troops of young Turks, who stood at attention and salted the sul tan. The housetops were crowded with great throngs, who looked with keen Interest upon the scenes below. Many tourists who were in and near Constantinople witnessed the parade. SHEPHERD OR CAXXOX. President Will Send in Appointment Monday or Tuesday. (By Leased Wire to The Times) Washington, May 8 President Taft is giving special consideration to the vacant judgeship in North Carolina, which has caused such widespread interest throughout the country, because of his inclination to appoint a democrat. It was learned that the president will send in a nom ination for the eastern North Caro lina district probably Monday or Tuesday. Should the president stick to his intention of appointing a dem ocrat the appointment may go to cither Judge Shepherd or Judge Con nor. Bl'RIED I'XDER SXOWSLIDE. Liver for Three Weeks and Finally Died of Starvation. Sllverton, Col., May 8 A diary found today beside the dead body of Louis Fleltas In his cabin on Lime Creek, fourteen miles east of here, revealed tho fact that he had lived for at least three weeks burled un der a snow slide. Flcitas died of starvation, there be ing no food in the cabin. He had be come ill, according to the diary, and had no strength to dig hla way out through the snowslide. Application For Pardon. Walter Clark, Jr., attorney for Franff Burton, convicted of larceny In Buncombe county and sentenced to four years imprisonment, today filed an application for his client's pardon The negro has served two and a half years. ltennley-Seawell. Mr. Walter Beaslev, of Apex, and Miss Elizabeth fleawell. of Newhem were united In marriage today at one o'clwk In the parlors of the Yarbo rough House. The marriage came as a surprise to their friends. BLUFF WILL BE CALLED BY MEN WHO ARE EXPERTS Evening Times' Exposure of Slaughter Houses Backed By the People PENS MUST CLEAN UP Threats of Damage Suits Don't Go and Those Who Are Running Hid eous Slaughter Pens Will Have to Clean Vp or Stand Continued Ex posureMany Expressions of Ap preciation From Citizens of the City Men WTho Know the Facts Say All the Truth Has Not Yet Been Told Plan That Knoxville Has Adopted for Meat Inspection. The people of Raleigh are Interest ed In having an abattoir and having inspected meats. Never before In the history of this city has there been such a demand for a general cleaning up. All day yesterday the leading citizens were coming to The Evening Times office and expressing their ap preciation of the work The Evening Times is doing for the people of this city. Ladies were calling over the telephone and telling us- how they ap preciated our efforts for a clean food supply for the people. Dr. Plttlnger, one of the leading divines of the city, came to The Evening Times office to say that all we had Bald regarding the condition of the slaughter houses was true. The doctor had visited these slaughter houses himself and he said we did not tell all that could M . told of the terrible condition t.i lv existed at these pens. Some of the , men from the A. & M. College who are experts on the subject of meats and foods came to The Evening Times office to tell us of the condition that has existed out at these pens for months past. They are experts in a thing of this kind and they stated that the conditions were even worse than we had pictured them, and that cows have been killed and sold In this city that were in a terrible condition. Other prominent men from all walks of life in the city have endorsed our statements and say that we are tell ing the people the plain truth. Two of the most prominent lawyers In tbe city came to us and stated that we were giving the people the truth and that we could back every word In the courts, if it was necessary, to bring these people to justice. Yesterday we were threatened with damage suits if we did not stop the exposures. We have secur ed some of the best ex perts to give some expert testimony on these things and we are going to turn on the light. The law has been openly and flagrantly violated and The Evening Times is going to tell the people the plain truth as we find it and back our statements with tbe expert testimony of men who know. Then if the law Is not enforced It la up to the officers and the people will know It. Raleigh wants and must have a slaughter house where tbe meats Can be Inspected by a man who knows bis business, and as the people are deep ly interested in this subject, we give in full below the rules and regula tions of tho abattoir at Knoxville, Tenn. Knoxville has just cleaned out the old filthy, dirty slaughter pens and put In an up to date abattoir and a man who knows the meat business is there to Inspect every animal slaughtered. We can do the same thing here if we will only get busy. For the consideration and Informa tion of the people of Raleigh we give these laws and regulations: The pamphlet contains the follow ing rules and regulations, formulated by the board of health for this de- nnrtmant nf tho onrlr - "By virtue of the authority con f erred upon' the board of health of the city of Knoxville, under the pro visions of an ordinance passed April 2, 1909, and approved April 6, 1909, entitled 'An ordinance regulatlag the slaughter ot animals, and tbe sale of fresh meat, the following rules and regulations are hereby prescribed f " "1. Slaughter houses, except those specified In the above mentioned or dinance, which are designated- places for ante-mortem and poatunO tem Inspection, shall be donttrtrcted according to the plana and specifica tions of the board of healtU. : t In farther ordered that alt ahlmala slaughtered and all meats tagged and stamped under the supervsloat)f"n Inspector of the United State4eratf ment of atrioultureat' nf fctcklnf , (Continued on Page Bight.) t . V