... -
.Weather.
WoBhlngtrar, Oot. - 6 Fare
oast for N6rttt Carolina for t(
ttftttt and Wpdnesday; Fair,
she change -in temperature.
ESTABLISHED 1876.
RALEIGH, N. C, TUESDAY, OCTOBER 5, 1909
PRICE 5 CENTS
LAST
EDITION
I
MLSII
Hirer
it
SERVE FIVE
YEAR SENTENCE
Circuit fourt of Appeals
Affirms Decision of the
Lower Court I
MISAPPLIED FUNDS
John R. Walsh Must Serve a Sentence
of Five Years in the Federal Pen
itentiary at Fort Leavenworth for
Misapplying the Funds of His
Bank Decision of the Circuit
Court Confirms the Decision of the
Lower Court An Appeal Will be
Taken to the Supreme Court But
That Body May or May Not Re
view the Case Fight On Walsh
Was Begun in 1005.
(By Leased Wire to The Times.)
Chicago, Oct. 5 John R. Walsh
must serve a sentence of five years
in the federal penitentiary at Fort
Leavenworth, Kas., for misapplying
the funds of his bank, according to
a decision handed down today by the
United States circuit court of ap-
peals. The decision confirms the
sentence of Judge Anderson, imposed
after Walsh had been found guilty
by a jury in his court and denied a
new trial.
The only recourse now left for
Walsh is an appeal to the United
States supreme court. It is certain
that the appeal will be taken
Whether the highest tribunal in the
country will pass upon the finding of
the court is a matter for it to decide
upon. It is possible that the supreme
court will not review the decision
The, decision nxarks. the. e.nj, ajmpsl;
u apt quite 01 tne ngnv wtai oegau
against Walsh in the open when in
1906 the National Bank, examiner
closed the doors of the Chicago Na
tional Bank and the Equitable Trust
& Savings Bank, declaring that
Walsh had lent too much of the funds
of the bank to his own companies
Walsh made a bitter fight but it fail
ed at every point.
The decision of the court today was
rendered before a court room into
which more than 500 people had
crowded to hear the decision friends
of Walsh, attorneys, attaches of the
district attorney's office and others,
It was half an hour and more after
the scheduled hour 10 o'clock be
fore the three judges, after a confer
ence with Judge C. C. Kohlsaat,. who
had been sent for, mounted the bench
and handed down the decree.
Diactrlct Attorney Sims, in discuss
ing the case, said :
"The American people are a com
mercial people. The backbone of the
people is the banks of the country.
If the people feel satisfied that he
who misapplies the funds of such an
institution will be seriously punished,
confidence 1b maintained.
"If the banker has before him the
'prospect of Imprisonment and the
awful moral disgrace of being con
victed like a common felon, he will
not touch a dollar of the people's
money wrongfully.
"The commonwealth is learning a
severe lesson. The Individual suf
fers, but he suffers because he has
violated trust and confidence and the
punishment of the violation of such
i sacred sentiments cannot be over-estimated.
"I expected the decision. It could
not be otherwise. The evidence was
such that no court scarcely could
have viewed it in any other light."
BARRY WHITNEY
REFUSES TO TALK
(By Leased Wire to The Times)
s New Haven, Conn., Oct. 5 Harry
Whitney, the Arctic hunter, arrived In
this city at 4:30 o'clock this morning
and. Went to his home on Whitney ave.
He arose about 8 o'clock and stated to
reporters he would not discuss any
points of the Cook and Peary contro
versy. He laid that he would believe
both men until their statements were
diaaproved, but he would answer no
questions relating to the discovery of
the pole. He will leave this winter
to hunt In the s,outb and will go next
year to hunt in Africa, i
, , i
Jtey. Milton A. Barber, has gone to
Charlotte In fulfilment of a promise
to Iter, Francis Oeborn that he would
conduct a aeries of services this week
at' St. Martin's Mission.'
1UUI
DAILY
(By Leased Wire to The Times)
Buenos Ayres, Oct. 5 A dispatch
from Asuncion, Paraguay, says the
revolt situation is becoming worse
dally. A lively encounter began on
Sattirday near Laureles. The revo
lutionists received important rein
forcements and inflicted heavy losses
on the government forces.
Colonel Elias Ayala, with 600 men
is camped near Villarca, and it is
feared he may attack Asuncion. The
situation in, the north is equally bad.
Many armed bands are there. The
departure of the minister of war, Gen
eral Jora, for Humanita, is confirmed.
All men between the ages of 18
and 35 have been seized by the gov
ernment and enrolled. An Argen
tine steamer was detained near Con
cepcion and the skipper was com
pelled to deliver to the government
the official part of the cargo. The
agent of the steamship has filed a
claim with the consulate.'
AGAINST SPAIN
(By Cable to The Times)
Gibraltar, Oct. 5 A holy war has
been declared against Spain in Mo
rocco. The Mohammedan hierarchy
has come to the aid of the Riff tribes
men and hurled the cause of the Ko
ran against that of the Bible to ac
centuate the bitterness of the strife
that had its origin about Melilla.
This is accepted to mean that the
Hinterland of Morocco will pour its
hordes into the seacoast territory to
engage in a desperate and long'
drawn-out struggle with General Ma-
.tin!- orces.Tbe- Arabs , are. arming
and rushing to the front, according
to reports, and the Spanish com
mander will be confronted by a fa
natical horde of 50,000 or more war
riors within a week, unless he wins
an early and decisive victory over the
force that is now beleaguring the
Spanish position in Melilla and the
outpost on Mount Gurugu.
The sultan has not yet declared
himself, but it is generally believed
that the campaign has his sympathies.
Spain will demand an Indemnity of
120,000,000, a physical impossibility
for the impoverished treasury of
Morocco to meet.
DOCTOR COOK THE
GUEST DF PITTSBURG
(By Leased Wire to The Times)
Pittsburg, Pa., Oct. 6 "It prob
ably will be six months or more be
fore final proof of my discovery of
the north pole is established," said
Dr. Frederick A. Cook, the Arctic ex
plorer, today at the Hotel Schenley,
Dr. Cook is here to deliver a lec
ture tonight at Duquesne Garden on
the discovery of the pole. He ar-
rived at 9 o'clork from Baltimore and
notwithstanding that a large force of
foot and mounted police had roped
off the path from the union station,
so great was the enthusiasm that a
crowd of several thousand broke the
lines to shake hands with the ex
plorer.
Dr. Cook was met by a delegation
of prominent citizens headed by Pres
ident Smith of the chamber of com
merce and the opinion of Pittsburg
in the Cook-Peary controversy was
enthusiastically voiced by the noted
astronomer, Prof. John A. Brashear,
who shouted: "There is only one
opinion here". ,.
Amid great cheers the explorer
was driven to the Hotel Schenley.
After a complimentary dinner at the
Duquesne club he will hold an in
formal reception in the chamber of
commerce rooms and then rest up for
the lecture tonight.
NEGRO SHOOTS ANOTHER.
(Quarrelled Over Whiskey and One of
Them is Fatally Shot.
(Special to The Times.)
Fayettevllle, N. C, Oct. In the
southwestern suburbs of the city last
night two negroes, in a hot discussion
over, a drink of "moonshine" whis
key with which they were already
pretty well steeped, f el lto blows
which resulted in one receiving the
entire contents of a shotgun in the
abdomen at close range and he Is now
in a dying 'condition. His murderer
is still at large.
REVOLT
GROWING WORSE
FANATICS
ARM
BATTLE OF SLUGGERS
Two of the Greatest Hitting
Teams Id History
Battle For World's Championship Be
tween Detroit and Pittsburg a Bat
tle Between Two Great Hitting
Teams Game AVill be Played Fri-
day Afternoon Plans of the
Teams.
Pittsburg, Pa., Oct. 5 The
world's series this vear will be a bat
tie of sluggers and two of the great
est hitting teams in the history of
baseball will hook up when the De-
troit Tigers clash with the Pittsburg
Pirates at 'Pittsburg Friday after
noon.
The Tigers have won three succes-
sive pennants in their league, but
they have failed twice to win the
world's championship, being beaten
by the Chicago Cubs.
Now that the Cubs are out of the
way, Manager Jennings, of the
Tigers, believes that his chance has
come, and is confident, as is the Pi
rate manager, Fred Clarke, that he
will win the highest honor In base
ball, the world's championship. The
Pirates won three pennants in 1901,
1902, and 1903, but could not finish
first in the National League in the
five years following. Now, with an
entirely reconstructed team in
which are only five members of the
old championship crowd Manager
Clarke swept the field in the Natio
nal League and is ready for the
world's series.
Interest in the series is intense.
and enormous crowds are predicted
Preparations have been made to seat
40,000 people in Forbes field, Pitts
burg, and tuck away 10,000 more
without seats.
There are seats for only 10,000 in
Bennett Park at Detroit, but the De
troit management has put in extra
temporary seats and it is believed
that 15,000 to 20,000 people will see
each of the games there.
Both teams have been greatly
strengthened this year, and while the
Pirates are favorites in the betting,
odds of as, high. '. 2 to 1 and eeetf
13 to 5 having been offered in Pitts
burg, many baseball men believe the
Tigers have a good chance.
The Tigers are a much different
team from last year. The outfield is
the same. Either Davy Jones or Mc
Intyre will play left, Crawford cen
ter, and the sensational Tyrus Cobb
right field. The pitching staff will be
the same, Manager Jennings depend
ing on Pitchers Mullin, Donovan,
Summers, and Willets. The catching
staff has been strengthened by the
addition of Strange, an able recrpit,
though Schmidt will probably bear
the brunt of the fight. The infield is
new.
Rossman at first has been succeed
ed by Tom Jones, obtained from St,
Louis in trade for the first sucker.
At second is Delehanty, who was
obtained from Washington in trade
for Herrman, Schaefer and, and Kll-
lifer. At short Is Bush, who played
the last month of the season of 1908,
but was ineligible in the series of that
year. At third is Moriarity, obtained
from the New York Highlanders at
the start of the season.
The team as a whole is greatly im
proved, both in batting and fielding,
and should give a good account of it
self.
The Pittsburg team presents a
changed outfield, Leach having been
switched from third base to center
field this year. Clarke is still in left
and Wilson in right. Abstein, a re
cruit, made good on first base, and
Miller, another newcomer, proved the
infielding find of the season, playing
a sensational second base and batting
hard.
Wagner, the great, is at. short and
Byrne, obtained from St. Louis, is at
third.
The pitching staff has been
strengthened by the addition of Ad
ams, a brilliant youngster, while
Camnite, Maddox, and Willis are as
good as ever. Gibson is still be
hind the bat, hitting hard and throw
ing well. ,
KETCHEL-JOHNSON
MATCH POSTPONED
San Francisco, Cul., Oct. G Jack
Johnson has at last agreed to a post
ponement of his contest with Stanley
Ketchel In a way the parties inter
ested have fixed on a compromise
date for the two men who will be sent
into the ring at Coffroth's arena on
Saturday, October 16.
The match was arranged original
ly for October 12, Discovery Day, but
when Promoter Coffroth and Mana
ger Brltt discovered that the labor
union would not observe the new
holiday to any extent, they clamored
for another date. Johnson was asked
to postpone until October 23, but
hold out ugainst any such change.
TAFT IN CALIFORNIA
first Stop at Sacramento
this Evening
Will Reach San Francisco About
' Noon Tomorrow, Where An Elab-
orate Program Has Been Prepared
For Bis Entertainment.
(By WILLIAM HOSTER)
.Ashland, Ore., Oct. 4 President
Taft reached here a few minutes after
7 o'clock this morning and is now in
California, speeding on toward Sac
ramento, where the first large stop
Will be made at 7 p. m. San Fran
cisco will be reached at noon tomor
row, where an elaborate program has
been prepared for the entertainment
of the president. Oregon continued
her enthusiastic reception of the
president all the way to the state
line. Brief stops were made early last
night at Oregon City, Woodbum,
Chamawa, and Salem, the cap tal of
the state. Big crowds were present
at each place. Chamawa is the site
of the big Indian school, and there
were several hundred of the nation's
wards at the station to greet the pres
ident with a wild war-whoop when he
appeared on the platform of his car.
He made a brief speech counseling
the boys to become good citizens. At
a dozen other places through Ore
gon before midnight there were
crowds waiting which cheered the
president as the train pulled slowly
through. At the California line a
delegation headed by Senator Frank
Flint boarded the train. While there
are no set speeches to be made in
California, the president having made
the last of his set speeches for this
trip,' it is understood that he will ad
dress himself to the question, of the
ship subsidy while here. Informa
tion with regard to legislat'ou at
Washington during the session is be
ginning to filter through inspired
sources. It is learned from an inti
mate friend of the president that Sen
ator Aldrich, having given a definite
promise to assist the president in put
ting through the senate corporation
.legislation. Whether the presiden t
had such a motive in mind is not
known, but it is also pointed out that
reason of the praise that he bestowed
upon Senator Aldrich in the Boston
speech he burned the bridges of the
latter, who must now follow after
the president in legislative matters
at the next session. A national in
corporation act Is one of the first
things that the president will address
himself to. The president has been
informed that owing to important
matters that will detain him in Wash
ington, Secretary Knox who was to
have joined the party at San Fran
cisco and be with the president at the
meeting of President Diaz, of Mexico
at El Paso, will be unable to attend.
THE CHAMPION FAN.
Girl Makes Her Engagement Condi
tional Upon Tigers Winning.
(By Leased Wire to The Times.)
Detroit, Mich. Oct. Detroit has
produced the champion baseball fan
in Miss Belle Corry, aged 21, a well
known society girl of this city. She
announced to her friends that her be
trothal, recently made public, to a
young business man, had been
changed to what she pleases to term
a "conditional engagement."
Miss Corry is an enthusiastic ad
mirer of the Tigers and has witness
ed almost every game played here.
So intense has become her devotion
to the team that she has informed her
fiance that he may consider their en
gagement conditional upon the De
troit baseball club defeating the
Pirates for the world's championship.
The groom-to-be is not particularly
Interested in the Tigers but he is or
ganizing a rooters club to help him
win the girl.
REV. GRESHAM LEAVES.
Pastor of Presbyterian Church at
Chapel Hill Leaves For Salem, Va.
(Specfal to The Times)
Chapel Hill, Oct. 4 Prof. E. K.
Graham left today for Boston, to at
tend the inauguration of Dr. Lowell,
the new president of Harvard.
Rev. LeRoy Gresham leaves this
week for his new charge at the Pres
byterian church of Salem, Va. He
preached the last sermon to his con
gregation in the Presbyterian chuch
here last night. Rev. R. W. Hogue,
of the "Chapel of the Cross", assisted
in the services and rendered a fervent
prayer in behalf of the departing pas
tor. The services were very impressive
and closed with the beautiful hymn,
"Blest be the Tie That Binds".
Walter Stokes, of Nashville, Tenn.,
who has been very sick with pneu
monia, in the infirmary, is nOw quite1
convalescent and his parents, who
have been with him during his ill
ness, will return to their home today.
Toung Stokes was the first and only
student confined In the Infirmary this
term.
UP STATE TOWNS
ARECELEBRATING
(By Leased Wire to The Times.)
Poughkeepsie, N. Y., Oct. 5 The Half
Moon anil tin- 'lermont and thf es
corting fleet left Poughkeepsie early
today and moved up to Kingston where
the second dav of the up-state Hudson
Fulton celebration be,e,an. There were
fully 10,000 visitors in town. The
decorations, public and private, w.-iv
never before so elaborate.
The celebration today (enters in th rive
towns aloriff the Hudson i i i -i !
were consiicinus in yesterday's n-"
gram. These towns art- Hudson, King
ton, Calskill. PoiiffhUeepsii. and
Vonkcrs. The arrival at Kingston of
the Clermont and the Half Moon will
be followed by a military and civic
parade. Governor Hushes is to deliver
an address at Kingston, and a lunch
eon will be served to thr citv's w-sis.
The days festivities will close villi a
reception to the governor.
ST. LOUIS m
GREAT CROWD.)
(By Leased Wire to The Times.)
St. Louis, Mo., Oct. 5 The events
of the third day of centennial week
were ushered in by a vast assemblage
of small river craft, headed by the
four United States torpedo boats,
MeDonough, Tingey. Thornton and
Wilkes, at the merchants brid,
when the great river pageant, one of
the most spectacular features of the
week's program began today.
Visitors are still arriving and a
record-breaking crowd is expected to
view the veiled prophet parade to
night. The boats were reviewed by
Mayor Keyesniann, former Governor
Francis, chairman of the reception
committee, the 500 or more visiting
mayors and the city officials.
Following the parade of the river
pageant, the mayors marched to the
Merchants Exchange, where they
were the guests of the exchange at
a luncheon and reception which
lasted until 1:30 p. m.
MINISTER CRANE
GALLEI1 TO WASHINGTON
(By Leased Wire to The Times.)
San Francisco. Cal., Oct. 5
Charles R. Crane, of Chicago, newly
appointed minister to China, has been
recalled to Washington on the eve
of his departure for his new post and
will remain in San Francisco to meet
President Taft. He declares his re
call by Secretary Knox is merely an
incident.
"I am going back to Washington
merely to receive some additional in
formation from the state depart
ment," he said. "That's all. Secre
tary Knox was out of town 'when I
left Washington and I did not see
him. Mr. Knox wants me to return
for a brief meeting with him, m
which information as to my new dut
ies will be given. This is merely a
matter of routine in connection with
my starting away on the new mis
sion." "You expect to go to China though
now recalled to Washington?" he was
asked.
"Oh, yes," answered Dr. Crane. "I
expect to leave for China immediately
after my arrival in Washington. I
expect to stay in Washington only one
day. I have already made plans to
sail from San Francisco on October
20."
Officials lu the Dark.
Washington, Oct. 5 State Depart
ment officials seem to be in the dark
regarding the recall of Minister Crane
to Washington.
Secretary of State Knox is not in
Washington but js expected this week.
It is believed he sent instructions to
Mr. Crane personally, in view of the
apparent ignorance of other officials
of the move.
It was said at the department yes
terday before the recall of Mr. Crane
was known, that Secretary Knox on
his return expected to take up (he
Hankow railroad loan" question and
the reorganization of the bureaus of
the department and to decide whether
the United States should protest
against the two treaties recently ne
gotiated by China and Japan involv
ing Manchurlan issues.
President Knows Nothing About It.
Sacramento, Cal., Oct. 5 Captain
Archibald Butt, the president's mil
itary aid. after he had submitted to
the president the dispatch announcing
the sudden recall of Minister Crane
to Washington on the eve of his de
parture for Chink br id that the pres
ident did not know anything about
tire-matter. "
AlFORNIA
WELCOMES THE
NATION'S RULER
Large Crowd Greets President
at Oakland end at San
Francisco
A
S DAY
'alil'orjiia's Welcome to the Presi
dent Has llpcn the Most Strenuous
He Has Vi't Received Crowd of
2.",000 People Greet Him Upon Ar
rival at Sun Francisco Parade on
the Principal Streets of the City
Attended Corner-stone Laying of
New V. M. C. A. Building At
tends Two Rcccpt-ons Tonight
Made a Life Member of the San
Francisco Press Club.
(By WILLIAM HOSTER)
San Francisco, Oct. a California's
welcome to the president has been
the. most strenuous tiiat he has yet.
experienced. A large crowd was on
hand to greet the presidential train
when it pulled into Oakland at 7:18
this morning. The reception given
the present was just as wholesome as
the one accorded by the '4 9ers in
Sacramento.
The president was immediately
taken in hand by l he Oakland recep
tion committee and after breakfast,
the party left for Berkley, where, af
ter an automobile tour through the
principal streets of the city the pres
ident was whisked to the Greek thea
tre. Here he made a brief address.
He again touched on the topic dear
est to the hearts of the people of this
vicinity the ship subsidy.
Leaving Berkley the presidential
party returned to Oakland, where a
reception was held at the Key Route
Inn Garden. The second speech of
the day was delivered on the shore
of Lake Merritt, at the conclusion of
which he was taken aboard the rev
enue cutter Golden Gate and the
start made for San Francisco, which
was reached at 12:30. Luncheon was
served on the Golden Gate during the
trip up the bay, which consumed 35
minutes.
A royal reception was fciven the
president on his arrival at the trans
port dock here, where a crowd of 25,
000 persons had gathered to welcome
him. After a parade, which' covered
the principal business streets, the
president, was taken to the site of the
new Y. M. C. A. building on Van Xess
avenue, where he took part in the
ceremonies incident to the laying of
the corner-stone. At 3:00 p. m. st
reception will be given h'm at. the
Union League Hotel, and at 4:00 p.
m. he will attend a reception at the
St. Francis Hotel. At 6:15 he will
attend a reception and banquet at
the Fairmont Hotel, and at 10::'.0
will be the guest of the San Fran
cisco Press Club, of which organiza
tion he will be made a I.fe member.
He will return to the St. Francis Ho
tel, where he will pass the night.
Customs Court Attorney.
Washington, Oct. 5 The treasury
department announced today that. D.
Frank Lloyd, of New York City, lias
been appointed deputy assistant at
torney general of the customs court
of appeals. His office will lie at 641
Washington street, that city. The
collector of customs of the port of
New York has ordered that hereafter
air evidence in custom appeals cases
be forwarded to Mr. Lloyd.
iO CASES
(By Leased Wire to The Times.)
Washington, Oct. 5 Attorney
General Wickershum will appear in
person before the United States su
preme court this fall as the chief
prosecuting officer against the
American Tobacco Company on the
hearing of that company's appeal
from the ruling of the lower court
that it is a combination in restraint
of trade. ,
Mr. Wlckersham, according to
present plans, will return to this city
tomorrow and begin conferences re
garding this and other prosecutions
now pending. The tobacco case will
be the only one in which he will ap
pear in person at Court. He will he
assisted by Special Attorney McRey
nolds. ' - ' . .. .
mKEKSHA
TOHAI I