1(i
-St f
.C. Washington, Xug. 18 -Forecast
for North Carolina for to
night . and: Thursday: ' Partly
cloudv - r
ESTABLISHED 1876.
PHOGIIESS OF
One of the Host Important
' TrosltostiDg Gases Now ;
Occopylpg JUeotfon
WANTS A RECEIVER
Suit Will Come Up In the Supreme
Xtourt the Latter Part of This or
Karly Next Year Government
"Seeks to Raw a Federal Receiver
- Appointed) For the Purpose of
Making Rare That the Combina
tion Is ' Dissolved Prosecution
Based on An Immense Amount of
Evidence Gathered ' From All Over
the" Country Tf ' Government is
' Successful to This Suit Others Will
be Started.
SUIT AGAINST
TODACCQTRUST
. (By Leasecf-Wlre to The Times)
.Washington, Aug. 18 Besides the
prosecution oi the sugar trust the
most important trust-busting case
now occupying the attention of the
department of justice In the opinion
of many Is the suit of the government
against the tobacco trust, which will
- come up in the supreme court, the lat
ter part of this, or the early part of
next year. "'
In this case the government has
sought to have the American Tobacco
Company thrown, into the hands of a
ffedera! receiver, for the purpose1 of
ifialctng certain that the combination
H dissolved. ,' The American Tobacco
Company. Is a great holding company,
which tontrois' practically ,all of tue
- the largest tobacco and related corpo-
rations 10 the Halted ' States-. The
prosecution is based on an immeTTse
- -amount of evidence, gathered all over
vthe country with the contention of
tlie government that the company Is
operating IB plain and open Violation
of the Sherman anti-trust law.
If the government should win this
ease It" is said that Attorney-General
' Wlckeraham will Immediately take
s aleps to bring other suits for disso
lution of the Standard Oil Company.
An attempt has, been made to "bust
the Standard OH Company, in the
, United States circuit courts in St.
Louis', but the suit against the tobacco
trust is much further advanced.
Should the government lose both
of these cases It would be the sign
thatr the law has vitality enough to
curb the trusts. If the cases should
be lost it 16 probable that in the next
congress a more drastic anti-trust
- measure, than the Sherman Jaw will
be Introduced, probably oy Senator
LaF611ette, Senator Beverldge, or an
other of the Independent senators.
It the cases are won the department
of 'Justice will go after other alleged
Illegal combinations with renewed
confidence and a better prospect of
"busting" them than is the case with
the bresent combination.
'Since the successful prosecution of
' . the -sugar trasMn the New York
cOurts the department of justice has
been sangoine Of Bringing to hook
. more of the greater alleged, violators
of the Sherman anti-trust statute.
The department Is moving slowly
' "in the anti-trust suits and it is un
likely that Other salts' against alleged
tTsU'win' by taken up in a hurry.
Much ' of - 'tfitf evidence gathered
againsf other trusta tiuiet the Koose-
velt id'nitpislfitltlbii' Wio&ai to be
worthRfts for . "tr'ust busting" pur-pososr-and
some suits agafnst big cor
porations that would . have been
broUghl had the Roosevelt adminis
tration continued ; . " in power,
have Been dropped by Wickefsnam
because It was considered that the
evidence on hand was not sufficient
to justify th-department going into
court "with a reasonable Chance of
success. Agents ; Of rth 'department,
' however, are Investigating many of
x , these cases and It has been asserted
'by the attorney-general that If the
- evidence warrants It other- suits to
dissolve Illegal combinations, otcap
al will be brought. For the pres
' ent, however, the government has Its
ybands full with the tobacco, and su
' gat trust cases. ' Attorney-General
Wlckersham, just before, he left
' Washington for his vacation recently
Saldi':8;:' : :
.."When we go after a trust or any
' their' concern or individual we be
' lie v to be violating the law we are
going after 'blood. We have no ln
' Motion of having our cases thrown
Oilt of court' because of flimsy evl
deace"( or because wild conjectures
have been made concerning the ap-J
, pu'Siioa ui iue law. II we inn
tha law. is being violated we are going
(Continued 'oa Page Two.)
SPA1R STARTS
DECISIVE M
CAMPAfGNTODAY
General Marina Has Moved
From Kleiilla Against
The floors
THE GUNBOATS ATTACK
Future of Spain Depends Upon the
. Campaign .Which Was Started To
dayGeneral Morlna With 40,000
Men - Moves Against the Moors
Whllev the Gnnbokts in the Harbor
Make Attack Thlg is the First Of
fensive Operation of the War, All
the Others Having Been Defensive:
General Marina Expects to ' End
War in a Month.
Lisbon, Aug. 18 The future of
Spain depends upon tbe campaign
which was started In Morocco today.
According to dispatches received
here General Marina with a large
part of his army of nearly 40,000
men has moved from Mellina against
the Moors.
With the gunboats an cruisers in
the harbor belching forth continuous
fire upon' Mount Gurugu, the Moorish
stronghold, the soldiers marched to
the attack".
This Is the first offensive operation
of the Moroccan war. The others
have been all defensive.
The burden of sustaining a nation
tests upon the shoulders of General
Marina andvhe keenly felt that bur
den,' judging, from the proclamation
which he issued to the troops while
they were being concentrated for the
'attack. "t '''''.""'N-'v-''''"" ': :
He bade them remember the glory
of. Spain and uphold it; to die the
glorious death of a brave soldier and
fear not the enemy. He called upon
them to display anew the valor which
made the armies of Spain famous in
previous wars and to add new laurelg
to their country by their courage and
daring.
The crown of King Alfonso figura
tively was carried upon the bayonets
of the muskets which swept forward
from the city walls. With the fall of
the campaign falls the power of Al
fonso, his ministers and his loyal fol
lowers throughout Spain.
Provisions and munitions had been
dealt out to the troops In suffclent
Quantities for a long campaign. In
the harbor lay the armed transport
Ptneon, the battleship Emperador
Carlos V, the torpedo boat destroyer
Osado and the ' armored protected
cruiser Princess De Asturias, their
guns ' thundering, almost completely
hidden in the cloud of white smoke
which poured from tb.e conning tow
ers, i he roar or tne cannonade shook
the towif and far away on the heights
of Mount Gurugu the projectiles
could be seen striking the mountain'
side and casting up dirt by the ton.
Under the cover of this furious can
nonade the troops moved to the as
sault. The usual brilliancy of British
troops on parade was banished; the
soldiers were marching in grim war.
The enemy's camp on the heights
facing the hippodrome camp at the
gates of Melllla was allveearly. As
soon as the approach of the Spanish
was heralded the tribesmen , broke
into detachments seeking shelter' in
the valleys and .defiles. A large num
ber took refuge in the A If er ravine,
where 400 soldiers were killed on
July 22. ' V ..
Through the night the Spaniards
loaded railroad cars with provisions
and field guns and' ammunition.
These will be carried over the North
African Railroad, keeping time with
the march and constantly guarded by
heavy convoys. To hawthese cut off
and captured V by Moors would be
equivalent to disaster.
The Spanish force Is approximately
38,000. The entire strength of the
Moorish force Is not known, although
It has i been reinforced from the
tribesmen who were beleaguring A1
hucemas and Benon De La Gomea.
Spain has pitted her entire
strength in the present campaign and
General Marina asserts that he will
be, able to put down the war before
the end of September, - Thcarapalgn
will be a sharp one and will be mark
ed by heavy slaughter for the Span
lards, will give no quarter and the
troops, will die fighting rather than
be captured and tortured to death by
the natives.. '
Wright Goes to Germany.
London, Aug. 18 Orvllle Wright,
accompanied by his sister. Miss Cath
erine, left today for Germany, where
he will conclude his negotiations with
he German government for several
aeroplanes. - v ,
RALEIGH N. C.,' WEDNESDAY, AUGUST 18, 1909.
Two of these fine trips will be given fn-c to the two most popular Contestants on August 26th.
friend in the contest? Your help might win the race for your favorite.
LIEUT JAMES SUTTON DIED BY HIS
OWN HAND IS THE VERDICT OF THE
NAVAL COURT OP INQUIRY TODAY
Court Places All the Blame
on Sulfnn apd Practically
Exonerates Olhers
A MINORITY REPORT
. - . f'v'i
Assistant Secretary of the Navy Made
Public at NoOn Today the Findings
of the Sutton Court of Inquiry.
yChe Report Is a Surprise in That
It' Is Much Stronger Against Sut
ton Than Had Been anticipated.
Minority Report Holds That Ad'
ams, Osterman, and the Others
. Should Have Been . Court-martia led
at the Time of the First Inquiry,
But Recommends That Nothing
Now be DOne.
(By Leased Wire to The Times)
Washington, Aug. 18 Assistnnt
Secretary of the Navy Winthrop at a
quarter after noon today made pub
lic the findings of the Sutton court
of inquiry, recently held at Annapolis.
Briefly stated the report is a surprise
in that the finding of the majority of
the court Is much stronger and more
sweeping than had even been antici
pated, placing all the blame on the
late lieutenant and practically exon
eratlng Lieutenants Bevan, Adams,
Utley, Osterman, and Willing, who
were with Sutton at the time of his
death.
It la the general belief outside of
navy circles that an inquiry will be
made by order of congress later and
that civil proceedings will without
doubt be inaugurated by Mrs. Sut
ton, when facts will he brought out
which the naval court did not go into
fully: - ' '
The report in part is as follows:
Facts.
1. That a quarrel took place in
whiffh filthy language, unbecoming an
officer and a gentleman, was used by
Lieutenant Sutton towards Second
Lieutenant : Adams, in the presence
of thejj? senior. Lieutenant Utley,
about ! . nr., October 13, 1907. That
Lfeqfenanls Utley and Osterman In
tervened and prevented a fight.
z. - mat oecause oi tnts interfer
ence a fight took place immediately
afterwardsbetween Lieutenants Os
terman and Sutton, in which Lieu
tenont Sutton was the aggressor, call
ing Osterman a vile name, and strik
ing Osterman a blow -from behind.
3.. That Lieutenant Sutton was
then ordered under arrest by his sen
ior officer, - Lieutenant Utley.: He
failed to obey such an order, ran
away to his, Sutton's tent, threaten
ing to shoot all present, and armed
himself .with two 38 calibre revol
vers, oneSmlth & Wesson commer-.
cial, and one a service Colt.
4. That Lieutenant Sutton, hav
ing possessed hjmself of two revol
vers, ran amuck, threatening all who
came in sight, after first defying his
senior officer. Lieutenant Utley, and
the officers of the guard? Lieutenant
Bevan who had also ordered him un
der arrest. :
5. That Lieutenants Utley and Ro-
elker and Sergeant DeHart followed
Lieutenant Sutton from the camp at
ter Hi breacfc'of arrest, and came on.
FOR THE GREAT CANADIAN TRD?.
him in the road leading from the bar
racks to the naval academy grounds,
near the scene of the previous fight,
a:id Lieutenant Utley and Sergeant
DeHart tried to persuade him, Sut
ton, to disarm.
(i. That Lieutenant Sutton broke
away on hearing persons approach
from the direction of the barracks,
and ran in that direction, and, while
being chased by , Lieutenants Utley
and Roelker, met . Lieutenant Adams
and opened fire on him; in the gen
eral scrimmage that followed, shot
Roelker In the breast and Adams in
the hand, and when finally overpow
ered -and thrown to the ground by
Adams, was killed by a revolver shot
from a service Colt revolver, held in
his own right hand and fired by him
self, without the intervention of any
other hand.
Opinions,
l.i That Lieutenant Utley failed in
his duty as senior officer present,
under Article 266, U. S. Navy Regula
tions, 1909, in permitting Lieuten
ant Sutton to run away and arm him
self, Instead of calling On those pres
ent for assistance and following Lieu
tenant Sutton, preventing his arming
himself, by force if necessary, and
turning him over to the custody of
the officer of the day.'
2. That Lieutenant Bevan, officer
of the guard, failed in his duty as
officer of the guard In not disarming
Lieutenant Sutton "by force, while i:i
front of his, Sutton's, tent.
3. That Lieutenant Willing, the of
ficer of the day, tailed In his duty as
officer of the day in not immediately
assisting by force in helping to dis
arm Lieutenant Sutton when he ar
rived on the scene before the fatal
shot was fired.
4. That no possible charge of
criminality lies against any of the
participants in the fray except Lieu
tenant Sutton himself, and that Lieu
tenant Sutton is directly ' and solely
responsible for hid own death, which
was self-inflicted, either intentionally
or in an effort to shoot one of the per
sons restraining him, and his death
was not caused by any other Injury
whatever. '
5.' That the charges of wilful mur
der and conspiracy to conceal it, made
by. the complainant, Mrs. Sutton,
mother of Lieutenant Sutton, are
purely imaginary and unsuppbrted by
even a shadow of evidence, truth or
reason.
Recommendation.
In view of the youth and decided
Inexperience of Lieutenants Utley,
Willing and Bevan, at the time, and
of the altogether unusual conditions
of excitement, threats and danger
during the aforementioned fray it is
recommended that no further pro
ceedings be taken.
Minority Report.
The minority report of Commander
John Hood, president, Is as follows:
The undersigned concurs in the
above, and in addition is of the opin
ion that Lieutenants Utley Adams,
Osterman, Willing and Bevan showed
deplorable lack of knowledge of
their duties and obligations as officers
holding commissions in (he marine
corps. The testimony concerning the
whole deplorable affair indicates a
state of discipline then existing fn the
marine school of application discred
itable to the service, andx argues
strongly against the practloe of comv
missioning and putting into positions
- -r (Continued on Page Two,)
Have you a
BI8SETT NOT OUILTY
Gets Off on a Technicality
of Law
. B. Blssett, Cafe Keeper, Charged
With Selling Liquor, Found Not
Guilty and. Discharged Qlnwtead
the Principal Witness Other
Cases Heard.
The police court opened this morn
ing with the atmosphere of the near
ness of the happening of some im
portant events and it happened.
Those who were present at the hear
ing of the Bissett case can tell you
what it was. Those who missed it
missed a gem of oratorical pleadings.
Mr. J. A. Farmer, in the presentation
of the case for his client, surpassed
himself and those who listened were
spellbound by his eloquence.
The first case to come before the
court was that of two negro boys for
fighting around the market place.
The defendants submitted and each
were fined $5 and cost and warned if
they could not pay the fine and cost
they would have to go to the roads.
in the case against Sallie Lomax,
who was charged with being drunk
and disorderly in a public place, the
evidence was sufficient to satisfy the
judge as to the guilt of the defend
ant, so he fined her $5 and costs and
told her that he knew that she had
been in the police court two or three
times before, but not while he was
police justice and warned her, fur
thermore, that if she were ever con
victed in his court again that he was
going to send her to the workhouse.
The next case .was the one against
J. B. Bissett, who was charged with
selling whiskey. Mr. Bissett was rep
resented bit. Col. J.. C. L. Harris and
Mr. J. A. Farmer, 'of Wilson.
The first witness was Mr. Critcher,
who stated that he clerked for Mr.
Bissett and stated that he had been
sick for about nine days in August
and July and had been confined to his
room, which is over Blssett's cafe.
The next witness was John Olm
stead, who testified that he bought a
pint of whiskey from Bissett about
the first part of the month. He stat
ed that he went into Ae cafe and
told Bissett what he wanted and Bis
sett sent him upstairs to Critcher,
who pulled the whiskey out from
under his pillow on the bed and
handed It to him. Olmstead then
stated that he paid Critcher for the
whiskey. The witness also said that
he had bought whiskey from Bissett
several times. r
; On cross-examination by the attor
ney for the defense the witness testi
fied that he was told that if he would
turn state's evidence that he Would be
dealt with lightly.
Policeman Alderson was the next
witness. ' He swore that he t went to
Blssett's cafe and found six or seven
pints of whiskey behind the counter
in pint bottles, all Of which were
sealed with1 the exception of one,
which had the seal broken and about
half of the whiskey gone Here thd
state rested, its case. ; 1 . ; '
Mr. Crttcher was the first witness
for the defense. He denied that he
had sold Olmstead any whiskey. . lie
(Continued on Page Fivs.)
PEICE 5 CENTS
WILSON FIRST;
REIDSVILLE2ND;
RALEIGH LAST
Mrs. J. E. Amos Brings Relds
ville Into Second Place-Ber
Friends Getting Busy
CONTEST CLOSES 26TH
.Miss Frances Dement Holds the Lead
in Raleigh Over the Other Contest
ants Clubs of "Ten Spots" Are
Being Formed Every Day to Get
the "Bonus Offer" on the 20th
Miss Waiters and Miss Clark of
Raleigh Working Hard for the
Prize Greatest Tour of the Year
and the Two Winners Will Have a
Grand Time in Canada.
Reidsville comes into second place
today and the race takes on new lite.
Mrs. J. E. Amos and her friends are
going to put Reidsville on top or
make a great effort. From every sec
tion comes votes and subscriptions
and the people are going in for a fine
home-stretch in this big race. Wil
son still holds the top notch and the
Wilson people tore driving for first
place. Mrs. McFarland is working
hard for that great Canadian tour and
her friends are giving her fine sup
port. The Evening Times reaches
Wilson and all the eastern sections
of the state on the same afternoon
it is published and the people find
that it gives them .the news twelve to
fourteen hours earlier than any other
paper. '
In Raleighjthere arejhree contest-.
ants who are working and they are
making a fight for the votes. Miss
Frances Dement is the leader today
in Raleigh and she is making a hard
fight to come in for one of the grand
trips. This great tour will leave Ral
eigh on September 1st and as the
contest closes on August 26th, the
winners will have plenty of time to
get ready.
The last "Bonus Offer" will be
given on August 20th, and all money
must be at The Times office or mailed
on that day, so it will bear the post
mark of the 20th. No extra votes
will be given after the 20th and all
money will be credited at the regu
lar rate given below.
Wilson, N. C.
Mrs. It. W. McFarland 191.250
Raleigh, N. O.
Miss Frances Dement 60,535
Miss Musa Ellison 36,750
Miss Annie Clark ' .. .. 42,000
Mj.s Eva Warters 34,325
Lillington, N. C.
Miss Mabel Clifton 42,750
Beaufort, N. C.
Miss Reva Morton 6.100
Miss Mamie Pflffrey 4,260
Hillsboro, N. C.
Mr. Eugene Rlmtner , .. 3,256
Reidsville. N. C.
Mrs. J. E. Amos 65,000
Washington, N. C.
Miss Carrie Simmons 28,240
Morehead City, N. C.
Miss Bertha Willis 26,750
Miss Corrinne Bell 22,500
Kington, N. C
Miss Clara Oettlnger 40,500
Durham, N. C.
Miss Llda Vaughan 27,600
Miss Mildred Turner 2,750
Roxboro, N. C.
Miss RoBie Newell
41,300
7,500
6,150
36.500
Dunn, N. C.
Miss Isabel Toung,.
Elizabeth City, N. O.
Miss Inez-aBroughton.. ,
Rocky Mount, N. C.
Miss Minnie Price. Route No. .
Henderson, N. C.
Miss Jessie Dunn'- 26,925
Miss Mabel Kelly 4,266
Greenville, N. C.
Miss Lillian Carr .. .. ,. .. .. 33,400
Goldsboro, N. C.
Mrs. C. L. Bass 24,610
Miss Dora Powell .'. .. ... 47.600
Schedule of Votes. '
1.45.. .. .. .. .. .. 45 VOtes
$1.26.. .. 125 votes
S2.60. .. ;. .. .. 2S0 Votes
$5.00..
609 votes
Payments Made In Advance,1 f
t .45.. .. .. .. .. .. .v;. .. 'xoovdtss
$ 1.25 600 votes.
I 2.50.. ., MOfrVteos
I 6.00.. V. .. .. .. .,' .. ,. .. 2,600 voltes
110.00.. , .. .. 7,500 vdtes
116.00.. .. .. .. .. 12,509 Vdtes
120.00.. .. .. .. .. .. .. ,. ..,00 votes
O6.00.. .. .. .. .. .. .. '..10.060 votes
SATURDAY EVENING CAPITAL,
' Weekly, 26e per reaK ' ' '
26c. one year... ,;.:.5O0 votes
60c. 1 years...... ......1,600 we
Send all votes and address aft ftOm-
itiuftlcfttloha - regarding he contest 'to
THE CONTEST -ftTANAGBRiTb
Evening Times, Raleigh, N. C, v
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