Weather.
SECOND.
lies
Washington, May 10 Forecast
for North Carolina for tonight
and Tuesday: Fair in west;
showers ia east portion tonight.
EDITION
ESTABLISHED 1871.
-m RALEIGH, N. C, MONDAY, MAY 10, 1909.
PRICE 5 CENTS
11ITIEN LAW
INVOKED BY THE
HAINS DEFENSE
Will lor the Most Pari
However Stick to In
sanity Plea
MCINTYRE'S SPEECH
Reference to, Unwritten Law. Was
Mode Adroitly by the Chief Coun
sel For tlie Defense Called Atten.
tlon to the Fart Simply That He
Couldn't tinder the Rules of Kvl
dence Take Advantage of the Anci
ent Law of Old That Any Man
Could Destroy the Violator of His
Home Mr. Mclntyre Will Prob-
: ably Speak the Greater Part of the
iy. :
(By Leased Wire U The Times)
Flushing, L. I., May 10 The great
unwritten law of centuries was
adroitly appealed to today by John F.
Mclntyre, chief counsel for Captain
Peter C. Hains, Jr., U. S. A., In his
closing remarks to the 12 men who
for three weeks have been sitting in
judgment over the army officer,
charged with killing William E. An
nis at the Bayside Yacht Club on
August 16, 1908.
The lawyer's references to the
wreckage of the young officer's home
by his former friend, the dead man,
were necessarily introduced in a neg
ative manner. Mr. Mclntyre did it
In this way: He called the attention
of the court to the fact that the rules
of evidence prohibited him "from
taking advantage of the ancient law
laid down In the Old Testament which
plainly condemned the adulterer to
death", or the tenets of the old Greek
law given by Solon, and followed by
the Athenians, who believed that
"any man could destroy the violator
of his household." ' '
Before the convenlngiof court Mr.
Mclntyre said he expected his ad
dress would run well into the after
noon. "I will take 'three and a half to
four. hours," he said. "My remarks
will, for the most part, be argumen
tative. I will stick to the insanity
plea throughout. The stand taken by
the state's alienists, I am sure I can
prove ridiculous. They never made
an examination of Captain Hains."
The fame of Mr. Mclntyro crowded
the old Flushing town hall to the
doors long before the hour of conven
ing. Two-thlrda of the crowd were
well-dressed women.
Mr. Mclntyre opened, his address
with the blunt and forceful declara
tion that the death of Wlllam E. An
nls was brought about by direct act
of the Almighty.
"Captain Peter C. Hains, Jr., was
the agent by which this act was com
mitted," he said.
"Is the Jury going to remove him
and leave these three little children
alone in the world? They have no
mother.
"The prosecution says that the de
fendant was sane at the time he shot
Annls. The burden then is on the
prosecution to show beyond a reason
able doubt that he was sane at that
time.
"The state by a few acts and ob
servations detach from a mass of evi
dence tries to convince you that he
was sane. But even with these few
acts we have medical science which
shows that an Insane man may speak
and act 'at tlmos as though be were
sane. Why didn't the prosecution
bring as witnosses of his rationality
the men, women, and children who
were on the pier and float of the Bay
side Yacht Club the day of the trag
edy? Funke and Blrchfleld were
there and they were not called on to
testify as to his rationality."
Captain Hains was brought Into
court a little earlier than usual. He
wore a new suit of black clothes, the
trousers being neatly creased. . He re
moved his overcoat, which he has al
ways worn In the court, and folding
It neatly, placed it over the back of
his chair.: ,
There was an affectionate meeting
between Captain Hains and his little
white-haired mother Just before Jus
tice Garretson came Into court.
, Throwing her arms about her son's
neck Mn. Hains hugged and kissed
him, to her heart's content Tears
streamed down the cheeks of both,
Mont of the women in court were in
tears, whDs Ssverai of the Jurors were
Men to turn away their heads. -.
Afer an analysts of tha expert, fes
tlmony Mr; Mclntyre leaned over tha
Continued, n Ttz iwa.) ; -
IN HONOR OF VETERANS
Colonel Robert E. Lee Guest
of Honor -
Old VeternnH Knjoy Annual Dinner
at Woman's Club Colonel Lee
Speaks at Capitol on "The Confed
erate Soldier" Reception at Capi
tal Club Tonight.
Memorial Day in Raleigh today is
attended by unusual interest from
the presence of Col. Robert E. Lee,
the oldest grandson, of the south's
beloved chieftain, General Robert 13.
bee. There could be no more wel
come visitor to the city, nor one more
appropriate to make the annual ad
dress. '
On account of the rain the dinner
for the old soldiers had to be served
In the Woman's Club, instead of the
Capital Square,
Long tables were loaded with plates
of sandwiches, cake, pickles, pies, and
bananas. They were set in two
rooms of the club building.
The long lino of old veterans, some
halt and lame, all bowed and gray
headed, marched up Fayettevillo
street through the capitol and around
to the club building, headed by the
immortal Old Confederate Drum
Corp andcarrying the old Confed
erate flag. They filled the rooms to
overflowing and were banked two
and three deep around the tables.
A number enjoyed their dinner on
the outside of the building. It was
a happy event, all were jolly and
happy and thoroughly enjoyed the
good things. ' , They were served by
the ladies of the Memorial Associa
tion and the Daughters of the Con
federacy. The new uniforms looked
fine and as one lady remarked they
looked ten years younger.
It was the largest crowd that has
ever attended one of the dinners, in
spite of the fact that the ranks are
rapidly thinning. This was no doubt
owing to the fact that the guest of
honor at the dinner was Colonel Lee.
They were all eager to meet him and
shake his hand for deep In the heart
of every one Is a great and abiding
love and reverence for General Lee.
All of them wished to be in the room
where Colonel Lee was and he was
surrounded by such a crowd that It
was almost 'Impossible for the ladles
to serve them.
He was kept busy shaking hands
and had a genial smile and a hearty
and cordial work for every one of
them.
One old man approached with his
shaking hand extended and said:
"They tell me you are a grandson
of General Lee. Well, I Just want to
shake your hand and tell you I
fought with him through it all."
Colonel Lee rose and shook his
hand and that of all the others ex
tended to him. -:'.
Colonel Kenan, whose guest he Is
during his stay in the city introduced
him to the veterans.
In his deep and hearty tones he
said a few words to them before they
began dinner.
In the name of the city he bade them
welcome to the dinner and asked
them what they would have done If
they had happened on anything like
that between 61 and 65.
"During the war," he said, "the
cavalry got-the most buttermilk, but
now they wore all faring alike."
He told them to fall in and enjoy
themselves, for ho would have them
this afternoon, and there was no tell
ing what he would do to them.
He was greeted with cheers and
cries to "Go on!"
It was a great treat for the old
men to meet him. His hearty cord
iality and ready worB for each made
him doubly welcome. He Is a, man of
unusual attractiveness, with a smile
and a hearty Iaught that charmed all.
"'..-.. "V Memorial Address.
The momorlal exorcises will be
held In the hall of representatives
this afternoon at 4 o'clock, Instead
of at the cemetery. Colonel Loo will
speak on "The Confederate Soldier".
The music will be by the band from
the blind Institution.
The program of he exercises. was
printed In Saturday's issue of The
Times. ': ..
Reception Tonight,
The public Is Invited to attend the
reception at tha Capital Club given
In honor of Colonel Lee this evening
from 9:00 to 10:30 o'clock.
Jeffries Will Fight Johnson.1
(By Leased Wire to The Times)
'Chicago, May 10 Jamos J. Jef
fries, upon his arrival hero today, de
clared that he would fight Jack John
son within five months after the expi
ration of his present theatrical en
gagement, which expires on June 2$.
, DryitiMH inJ.priM 940,000,000.
' Des Moines, la., May 10 H. H.
Beans; a drayman J at Sheldon, la.,
was today notified that ha la heir to
an estate of 140,000,000 In New York
City. Beans Is poor and haa a fam-
THE INSURGENTS
MAY FORCE SOME
CONCESSIONS
But Aldrich Tariff Bill Will
Likely Pass Substantial
ly as Reported.
PROGRESS BEING MADE
Finance Committee Has No Doubt
About Having a Majority for the
Measure as a Whole But Some of
the Amendments Reported by the
Committee .May be : Defeated by
Western Senators If Democrats
Vote With the Insurgents There
Will lie a Few Changes Made in
the Hill Will be Finally Passed
by Strict Party Vote.
(By Leased Wire to The Times)
Washington, May 10 A member
of the senate finance committee said
today that at no time has the com
mittee been In doubt about having a
majority for the Payne-Aldrlch tariff
bill, the only question that has given
the committee any concern, he sal.1,
was the probability that some Of the
amendments reported by the commit
tee would be defeated by the votes of
certain western senators. The situa
tion In the senate, sad the senator, s
very much like that which prevailed
in the house after the Payne bill was
taken up for consideration by that
body. The insurgent members were
strong enough to force the majority
of the ways and means committee to
make certain concessions, and to put
in the rule a provision that vermitttfd
a. record vote on lumber, hides, oil,
tea and coffee, The insurgents In the
senate are strong enough to make the
finance committee give them the" same
consideration.
If the democrats vote with the in
surgent senators, there will be few
changes made In the bill, but Indica
tions are that the result will be as it
was in the house, that is, the finance
committee will be sustained by dem
ocratic votes as was the ways and
means committee and the bill will be
passed by practically a Rtrict party
vote, as was the case n the house.
The senator asserted that a vote on
the passage of the bill and amend
ments could hardly be looked for be
fore the last week in May. It would
depend in a large measure, he said,
on the Insistence of the insurgent sen
ators from the west. ,
The senate convened at 1 1 o'clock.
A controversy was immediately pre
cipitated between Senators Bever
idge and Aldrich. By way of criti
cism Senator , Beveridge asked to
have inserted in the record a states
mont by Senator McCumbe that there
was no definite information before
the senate on the subject of tariff
commission, and also a statement
made by Senator Aldrich on May 6
that he had not read the hearing be
fore the ways and means 'committee
and did not know what they con
tained. Senator Aldrich was much Irritated
and replied hotly that he had given
80 years of his life to the study of
the tariff, but admitted that his
knowledge fell short of that pos
sessed by the senator from Indiana.
If Beveridge would give a fraction of
the time he spent In lecturing sena
tors, said Aldrich, and demlalmlng
against a luck of .Information on the
part of the senate, to a study of the
tariff, much greater progress would
be made. Consideration of the lead
schedule was then resumed.
CRIPPLE CREEK
FLOODS CITY
(By Leased Wire to The Times)
Asheville, N. C, May 10 Cripple
Creek is on a dampage this morning
and the depot section of Asheville has
been flooded to a depth of four feet.
One residence and two bridges have
been swept away and a number of
residences undermined.
The French Broad and Swannanoa
rivers are rising rapidly but very lit
tle damage is apprehended, other
than to bottom land
Another Record Run,
Queenstown, May 10 The Manre
tanla arrived here today, makng. the
record run' from New York of four
days and seventeen hours. She also
made the record day' run of 610
JUDGE CONNOR
WED TO
THE JUDGESHIP
Long Contest Ended by the
Appointment of Supreme
Court Justice
REMARKABLE CONTEST
President Tal't '-Today Ended the
Ioik Drawn Out Contest Over the
District Judgeship by the Appoint
ment of tt Straight Democrat to the
Position-Appointment Follows In
terview at While House Between
the President and Senators Sim
mons and Overman Appointment
Will Give General Satisfaction in
nil but Republican Circles.
(By Leased Wire to The Times)
Washington,.'" May 10 Senators
Simmons and Overman discussed
with President. Taft today the ap
pointment of a judge of the eastern
district of North Carolina. Shortly
after they left the white house the
president Bent to the senate the nom
ination of Henry Groves Connor, to
lie United States district judge for the
eastern district of North Carolna,
vice Thomas ; R.Purnell, deceased.
Judge Connor has been for about ten
years on the supreme court bench of
North Carolina and previous to that
was judge of the superior court. He
is a deihocrat. His appointment is a
victory for the North Carolina sena
tors.'!. For several days it had been re
garded as practically certain that
Judge Connor would get the judge
ship but, Saturday it. was given out
that there was a hitch and so thos,e
who had felt sure that Judge Connor
would get the appointment were put
to guessing again. It was also given
out Saturday that the president had
invited both the North Carolina sena
tors to the white house for a confer
ence tins morning on the situation
and news of the appointment follows
Immediately upon the heels of this
conference. ....'.
The confirmation of the appoint
ment by the senate will bring to an
end one of the most remarkable con
tests of the knd ever witnessed in
this country. Early last fall Presi
dent Roosevelt, after a spirited con
test, in which the republicans of the
state engaged, appointed Mr'. Seawell,
of Carthage, to the position. There
was a protest from the state and the
senate failed to ratify the appoint
ment and It went over as one of the
Roosevelt inheritances to the next ad
ministration. Mr. Taft's well known views re
garding southern appointments awak
ened hope .In democratic breasts and
many receptive and active candidates
developed in the opposition party.
The president went Into the field
thoroughly and has canvassed the
whole democratic available field, as
well as the republican field. The re
publicans made a strong fight against
the appointment of any democrat
but never seemed able to agree on
any one of their own number for the
position. And now the fight has end
ed with tho appointment of a demo
crat. There will bo a feeling of rest
In the stale now that, the thing is
over, also a general feeling of satis
faction In all but republican circles.
Pranks of Freshmen Were Serious.
(By Leased Wire to Tho Times)
Cincinnati, May 10 Members of
the sophomore and freshman classes
of tho Kentucky State University arc
blamed for putting ipecac in the
punch and crolon oil In the lemonado
at the annual junior promenamed In
the university and causing several of
the girl and boy students to become
seriously til, . '
Tornado Costs Many Lives.
(By Cable to The Times)
Bombay, May 10 A tornado, ac
companied by high winds and exces
sive rains, has done much damage
and cost many lives. It Is reported
from Calicut on tho Malabar coast
that 60 native vessels have been
sunk. i
President's Uncle Elopes.
(By Leased Wire to The Times)
Escanaba, Mich., May 10 Charles
Whitney, nn uncle of President Taft,
and , a wealthy merchant of Oreen
Bay, eloped with Miss Eva Gerardln,
an unusually pretty and ... attractive
dressmaker of Oreen Bay. :" '.
' The groom - la alxty years old , and
APPOI!
DAVIS GOT $500,000
No Assets Whatever to Cover
Transactions
His Victims Had Such Faith in Him
That Even Ordinary Precautious
Were Xot Taken to Save Them
selves Has lleen ill North Caro
lina Insane Asylum.
(By Leased Wire to The Times)
Washington, May 10 The district
authorities arc satisfied that a half
million dollars is the lowest possible
limit to the money secured by John
C. Davis, the Washington lawyer ar
rested Friday.. Davis Is held in $L'0,-
mxt hail and $ id. Odd is demanded for
the temporary release of his brother,
Martin T. Davis, secretary of the Po
tomac Building and Loan Associa
tion, who vas arrested on a charge
of conspiracy in his brother's affairs.
Neither was able to give bond.
For the half million dollars re
ceived by John C. Davis, the authori
ties have been unable to find any as
sets. There is, so far as can be
found, no money, not a. mortgage, no
investments of a magnitude to ac
count for even a small portion of the
receipts. Neither brother lived in an
extravagant manner.
Chief of Police Goods, of Alexan
dria, Va., across the river, is out
$4,000, and his brother invested $3,
000. The chief of police is so chag
rined that he will not talk
Davis' victims seem to have had
such absolute faith in his probity' they
did hot take even conventional
means to secure themselves.
Davis was formerly in the North
Carolina hospital for the insane. He
was discharged as cured about ten
years ago, when he came to Washing
ton and organized the building and
loan association of which his brother
is secretary. District Attorney Bar
ker will have experts put at work on
the books of the organization Imme
diately ';
RAVENS FAILED TO COME.
But the Storm Did and the Poor Man
Almost Died of Starvation.
(By Leased Wire to The Times)
Chicago, May 10 E. M. Brook, the
aged Zion City man who lay four
days under a tree during the recent
severe storm agaiting for the, ravens
to feed hint, is slowly recovering from
the exposure. He had read about
Elijah, by exercising faith, being fed
by ravens and he decided to try it.
He had enough faith to last four
days, during which time he prayed
incessantly, but the fierce April tem
pest came up and the ravens were not
on the job. Then poor Brock,
drenched, almost frozen, and on the
verge of starvation, finally gave up
and suffered hiniBelf to be carried
back to his cabin, where he was dried
out and fed.
TRUST BUSTER
WILL RESIGN
(By Leased Wire to The Times)
Washington, May 10 Frank B
Kellogg, -special counsel for the de
partment of justice and 'trust buster'
today informed President Taft and
Attorney-General Wickersham of his
intention to leave tho public service
and retire to the practlve of law In
.Minnesota as soon as he has finished
the important cases for the govern
ment on which he is now working,
chief of which is the Standard Oil
case., Mr. Kellogg has been special
counsel for the department, of justice
for several years.
ANOTHER HEIRESS
MARRIES NOBLEMAN
(By Leased Wire to The Times)
New York, May 10 Miss Nora
Iselln, the beautiful daughter of C.
Oliver Iselln, the millionaire, was
married this afternoon to Count Col
loredor Mannsfleld, a member of the
Austrian nobility, and secretary of
the embassy of his country at Rome.
The ceremony; according to tho Ro
man Catholic ritual, was performed
at tho home of Columbus O'Donncll
Iselln, the bride's uncle, at No. 3 west
52nd street.
There were many reports In circu
lation to the effect that the bride's
father was opposed to the match and
would not. he present at the wedding
ceremony lo give his daughter away.
This was discredited, however, by the
presence of Mr. Iselta and an author
ised statement from Mr. Columbus
Iselln, denying all the reports of fric
tion, .-.' '- -' '.y ' : ,
THE PORTO RICAN
CRISIS SUBJECT
EXTRA MESSAGE
Emergency "in the Island
Government Calls for
Special Action.
NO APPROPRIATIONS
Xo Provision Made For Running
Government and After June 30 No
Money Will Be Available For the
Support of the Island Government.
House of Declogates Held Up Ap
propriation HiUs In Order to Get
Concessions From the. Executive
Council President Recommends
Change in the Law That Will Get
Around the Difficulty.
(By Leased Wire to The Times)
Washington, May 10 The presi
dent today sent to congress a mes
sage concerning Porto Rico. It is in
part as follows:
"To the Senate and House of Repre
sentatives;
"An emergency has arisen In Porto
RLco which makes it necesary for me ,.-
to Invite the attention of the congress
to the affairs of that island, and to
recommend legislation at the present
extra session amending the act under
which the island Is governed.
'The regular session of the legis
lative assembly of Porto Rico ad
journed March 11 last, without pass
ing the usual appropriation bills. A
special session of the assembly was at
once convened by the governor, but
after three days, on March 16. it
its again adjourned without making
the appropriations. This leaves the
island government without provision
for its - snpport after June 30 next.
The situation presented is therefore
of unusual gravity,
"Ever since the institution of the
present assembly, the house of dele
gates has uniformly held up the ap
propriation bills until the last m!n-
tile of the regular session, and has
sought to use the power to do so as a
means of compelling the concurrence
of the executive council In getting
what they desired.
The attitude of the executive coun
cil In refusing to pass these bills led
the house of delegates to refuse to
pass the necessary appropriation
bills.
"The facts recited demonstrate the
willingness of the representatives of
the people in the house of delegates
to subvert the government In order
to secure the passage of certain legis
lation. "For these reasons I recommend
an amendment to the Foraker act
providing that whenever the legisla
tive assembly shall adjourn without
making the appropriations necessary
to carry on the government sums
equal to the appropriations made In
the previous year for the respective
purposes shall be available from the
current revenue and shall be drawn
by the warrant of the auditor on the
treasurer and countersigned by the
governor. Such a provision applies
to the legislature of the Phlllpines
and Hawaii, and It has prevented in
those two countries any misuse of the
power of appropriation.
"The house of delegates sent a
committee of three to Washington,
while the executive council was repre
sented by the secretary and a com
mittee consisting of the attorney-general
and the auditor. I referred both
committees to the secretary of the
Interior, Whoso report, with a letter
from Governor Post, and the written
statement, of both committees, ac
company this message.
"I have had one personal Inter
view with the committee representing
I he house of delegates and suggested
to them that If the house of delegates
would pass tho appropriation bill
without Insisting upon the passage of
the other bills by the executive coun
cil, I would send a representative of
the government to Porto Rico to make
an Investigation and report in respect
to the proposed legislation. Their
answer showed them not to have been
In a compromising mood.
"Porto Rico has been the favored
daughter of the United States. The
sovereignty of the island In 1899
passed to the United States with the
full consent of the people of the
island.
"There Is complete free trade be
tween Porto Rico and the United
States and all customs dutlea collect
ed In the United States on Pdrto
Rican products subsequent . to the
date of, Spanish evacuation, amount
ing to nearly $3,000,000 have bem
refunded to the Island treasury. The
. ? (Continued on Jme To.
i, '-. , - . .-I. ;rTi
the bride lortjr yearn Junior.'Y
'r;'.i':v'