North Carolina Newspapers

t 7 4, I: J SUBSCRIPTION fl.00 A YEAR. WILSON, N. C, FRIDAY, JULY 14, 1911. VOL. 17. NO. 150 i W A TT-Tr -TV Tin VV1JUUJN THE WARE-KRAMER TOBACCO VERDICT FOR $20,000 Under The Sherman Act This Amount is Trebled and the Court Enters Judgment For $60,000 EX-GOVERNOR AYCOCR'S RALEIGH, N. C, JULY 13. THE WARE-KRAMER TOBACCO COM PANY OF NORFOLK RECEIVES TO-DAY A VERDICT OF $20,000 DAMAGES AGAINST THE AMERICAN TOBACCO COMPANY. THE V-ERDICT WAS RENDERED AT 9:30 O'CLOCK THIS MORN- UNDER THE SHERMAN ANTI-TRUST ACT THERE IS PROVISION FOR TREBLE DAMAGES. , THE COURT WILL ENTER A JUDGMENT AGAINST THE AMER ICAN TOBACCO COMPANY FOR $60,000 DAMAGES. Raleigh, N. C, July 13. With the failure of the jury to reach a verdict efter its conference from 5:30 to 10 o'clock last night, the belief gained ground rapidly that a mistrial, is im pending in the million two hundred thousand dollar damage suit of the Ware-Kramer Tobacco Company vs. the American. Tobacco Company, which has been in process of trial and argument for the past 1 four and a half weeks in the Federal court before Judge Henry G. Connor. Those "who were in the vicinity of the court Toom and the jury room during the evening were impressed with the fact that muueh time was spent by the jurors in joke-telling and laughter, indicating that when their prelimin ary votes were taken there was such a variance tn views that the hope of an early verdict was abandoned, their intercourse taking the turn of gen eral conversation rather than discus sion of differences as to verdict to iasten agreement. All evening there was close by them the steady clatter of typewriters as the stenographers of the American ToTbacco Company wrote out their short-hand records of the arguments of counsel before the jury. They worked in the grand jury room which adjoins the room in .which the jury was conferring as to '& verdict. The jurors were escorted at 10:30 to Giersch Hotel, where they were given rooms for the night. Judge Connor had directed that if a verdict were reached last night they could file it sealed, with the clerk of the court and go to their homes. Judge Connor's oharge was a care ful and able summing up of the con tentions of both parties to the suit and discussion of the law as applied to the. case. He charged that if the jury believed the evidence they would find that the American Tobacco Com pany was, during the period involved in the suit, a combination in restraint of trade. They must decide whether the acts complained of and proven in evidence were done by the defend ant in legitimate prosecution of business without reference to the in jury to the plaintiff's business or done for the purpose of driving the plaintiff from the field as a competi tor as alleged. Also they must con sider the question of whether the fail ure of Ware-Kramer Company was due to acts of the American Tobacco Company committed to destroy the company or came about through bad business management. He went fully into the matter of means of arriving at damages in the event the jury finds that damages should be allowed. They would consider the capital stock lost through . illegal acts of the de fendant,, the volume of profits attain ed and degree of depreciation through illegal inroads of the- defendant and . the damage to the brand of cigarettes. The grounds and splendid $20,000 club house of the Raleigh Country Club were opened . to the members and their friends last evening from five to seven o'clock with an informal reception that was delightful and, in spite of the rain, afforded a splendid opportunity for the inspection of the admirable appointments and equip ment of the fine colonial building and the viewing of the beautiful rolling landscape that ( stretches out in every direction across and beyond the 180 acres of club grounds that are receiving splendid treatment in ex pert landscape gardening. ' The members of the Corporation Commission are buckling right down now to their quadrenniall task of .as sessing the tax value of railroad prop erty, the property of other public ser vice corporations and the fixing of the corporate excess taxation. At the same time the returns from the . tax assessors in all . the counties of the State giving the work of the tax as sessor in reassessing and listing all real and personal property for taxa tion, are begginning to come in, and all these must be reviewed and ap proved by the Commission in its capa city of State Tax Commission. The AGAINST ABLE SPEECH YESTERDAY few returns that are already in from the counties show increases in tax values of from two to three millions and numbers are expected to run up to as much as five millions or morre increase. Commissioner E. L. Travis, appointed Tuesday by the Governor to succeed the late H. C. Brown, has joined Chairman McNeill and Com missioner Lee and is taking up his part of the arduous work that is ahead of the commission for the next ninety days. A conference between Governor Kitchin and the Council of State and Capt. George J. Studard, of Washing ton, N. C, representing the Matta muskeet Railroad Company, has just resulted in an agreement on the part of the Governor and his Council to allow an additional thirty days for the people of Washington to make the ar rangements necessary for assuring proper terminals for the railroad at Washington under the pending pro position for the immediate completion of the equipment and the operation of the railroad which the State has acquired a large interest in through the grading of the road with convict labor in exchange for stock. The time for the adjustment oi terminal conditions at Washington ) originally allowed expires within two weeks. Then there will lbe the thirty days extension of time just granted. It is understood that there is every assur ance that the arrangements will be made. The North Carolina Historical Com mission is taking steps to have quan tities of the old and very valuable historical papers that are in a bad state of preservation reinforced in such way as to assure ther preser vation, the process of treatment in clluding the application of a very fine transparent linen material to the sur face of the old manuscript that will admit of the free use of the papers without the danger of further wear and assuring their preservation. The Last Speech. Ex-Governor Aycock gives the fol lowing as some of the reasons for the Ware-Kramer failure: Some Reasons for Failure. Ex-Governor Aycock declared that a reason for the Ware-Kramer Compa ny's failure was that it started with too small capital, that with $25,000 capital there was bought $22,000 worth of tobacco, machinery had to be bought. The factory was burned in May, 1906; there was need to buy new machinery, ' there was four months' idle time and then in June, 1906, was the removal to Norfolk, where the plant was enlarged. There was a change from an open shop to a union shop, and this was not for the love of union labor, but to get union labor, patronage, and such con sumers were f not secured; that then the business became non-union again. The advertising was declared to have been a matter of great extravagance, enormous in amount, unwisely" and carelessly used. That expenses had run away with and eaten up the Ware-Kramer Tobacco Company as had been admitted by Mr. Ware in 1907, and these expenses of those salesmen, that at the very height of the business, there was a loss of 27 cents a thousand on "White Rolls." Ex-Governor Aycock here discussed the matter of figures in the books, showing the condition of the Ware Kramer Tobacco Company, and that from these it would be deduced that tobacco had been written up one year $35,000. It was argued by ex-Governor Aycock that the books had been written up to cover up mismanage ment. Here he was interrrupted by Mr. Daniels who stated that there was no evidence to that effect, but the evi dence showed that tobacco was not so written up. Discussing the matter of damages asked for, Governor Aycock said that it was not until 1908 that the Ware Kramer. Company put1 a value oh its CO. GETS A. T. CO. brand, and that this was $50,000; and that when there was a bankrupt sale, machinery bought $10,000, written up to $15,000, brought together with the brand but $15,000, and that it was now claimed by Mr. Ware to be worth $200,000. Mr. Daniels here arose to say that it was after 1907 that Mr. Ware put a value of $200,000 on the brand, while it was at the height of ."White Rolls" life, and that the $50,000 was the es timate made in January, 1909, when the company was getting towards its last legs. Ex-Governor Aycock in sisted it was a mere matter of select ing an amount and that Mr. Ware could have just as well said $400,000. As to the "Mrs. Duke picture" the speaker held it to be an outrageous incident. He agreed that it was made before Mr. Duke was married, that it was then known as the' "Trust Wo man Picture," but that soon after Mr. Duke was married the picture became known as the "Mrs. Duke picture," and was so referred to in correspond ence between Ware-Kramer Company people. He declared it to be a most unjustifiable act in caricaturing a woman, that it was outrageous, and that it was a singular thing that from the time that picture was hung at the Jamestown Exposition the Ware Kramer Tobacco Company began its decline. K Ex-Governor Aycock concluded his argument at 1:45 and court adjourned till 2:45 o'clock, at which time Judge Connor read his charge to the jury. Mr. Ware says of himself in his let ter that he was no business man, a plunger, no financier, and there is the reason for the failure of the "White Rolls" cigarettes. The Am erican Tobacco Company with its millions would not have saved "White Rolls" with Ware as the manager. Under the management of Roscoe Briggs the Wells-Whitehead Tobacco Company succeeded despite all the American Tobacco Company competi tion, but when Bill Carter took charge the company began to fall. Just a. change of management did it. It was the management of Ware that was at fault. And in his letters ho admits that he was severely criticized by the directors of the company for what he did at times in the conduct of the business. If it was the Ameri can Tobacco Company, or Bill Carter that, wrecked the Ware-Kramer Com pany why was there not somethhing said of it. But in the letters .there is no reference to' these as factors that broke the company. Rebates Given To Corporations. Washington, D. C, July 13. Rail roads give, or are still forced to give, rebates to big corporations and to the detriment of small concerns, was the declaration of Frank C. Lowry. of New York, general salesman for the Federal Sugar Refining Company, before the "Sugar Trust" investigat ing committee. In explanation of his charge, Mr. Lowry declared that his company did not receive an allowance for lighterage in New York harbor as the "Sugar Trust" does. Frank L. Neale, a Philadelphia shipping agent, testified that while uniform rates are in operation, big concerns with "inside information" about intended changes in rates, or which received advantages in the shape of drainage, put smaller deal ers under a handicap. "Rates are so complicated," he de clared, "that a big concern like ihe American Sugar Refining Company must employ a rate expert at $zo.'Juu a year to 'work out' rates or all of its directors would go to jail for vio la! !ng the interstate commerce laws. ' Representative Fordney, of Michi gan, expressed an opinion that any wide awake man would know aboui proposed changes in rates. "Yes," added Representative Baker, of California, "the same kind of wide awake fellows have been cheating the public for twenty or twenty-nve years." m THE WEATHER . 0 . mMm. AX. mMm. mM. lk aSK mMm. aI Washington, July 13. For North Carolina: Fair in west and local showers in east ' portion tonight or Friday. Light, variable winds. Weather Yegterday Over Cotton Belt. There have been - showers in all districts except the Savannah. The rainfall in Texas was very local and confined to the eastern portion of the State. Decided warm weather prevailed in the Wilmington, Oklahoma and Hous ton districts. The- following heavy rainfalls -tire recorded: ' Aberdeen, Miss. ...... .... 1.20 Livingston, Ala. . . ........ 1.20 Waynesboro, Miss. .. .. 1.00 Chattanooga, Tenn. ".. 1.00 Holly . Springs, Miss. v . . 1 . . 1.00 Texarkana, Ark. . . . ..... . . 1.60 Greensboro, Ala.: . . . . . . 4 ... 1.70 NEWS ITEMS OF GENERAL INTEREST MATTERS OF IMPORTANCE HAP PENING THROUGHOUT THE COUNTRY Newton, N. C, July 13 Richard Forney, the negro who broke into the home of Mrs. Marvin Sherrill at Hickory one night several weeks ago, has been sentenced to 30 years in the State's prison by Judge Biggs. Washington, D. C, July 13. The protests of the people of Pensocola and New Orleans, made through their Congressmen, against the gradual cessation of naval work in the navy yards at those places, have been without avail. The Navy Department will, adhere to the original orders of Secretary Meyer, .issued i to reduce the naval expenses and eliminate an unnecessary naval stations. Washington, July 13. Cotton show ed, the highest average growing con dition of any crop July 1st, with lemons and oranges ranging second and third. In the general review of crop conditions for June the Bureau of Statistics, Department of Agricul ture, says the month was decidedly unfavorable for growing crops in most part of the United States. Raleigh, N. C, July 13. Policeman Jake Pope, Mr. Alf Duckett and Chief of Police Johnson, of Clayton, scoured the woods around the Sfcate penitentiary practically all of the early morning in search of Alex. Jer nigan, a white man of Wendell, want ed in Johnston county for killing Albert Todd, a young white man, also of Wendell. The trouble occurred just across the Wake county line, at Richardson's Mill, in Johnston county. Richmond, Va., July 13. Within half an hour after Governor Mann issued a proclamation today calling upon the people of the State to pray for rain; refreshing showers fell upon the capital, at least reducing the tem perature 20 degrees from the maxi mum of today, which was 97, in about twenty minutes. Washington, July 13. The Depart Hint of Justice is -watching for the re sult of the so-called Atlantic confer ence of the North Atlantic Steamship lines, known as the steamship trust, now being held in London. The con ference will determine if the agree ments for pooling immigrant traffic shall be renewed. Asheville, N. C, July 13. Patrol man Fred Jones, who has returned from Greenville, S. C, is positive the negro under arrest at Greenville is the slayer of Patrolman McConnell. New, York, July 13. The detectives who entered the trunks of Lillian Graham and Ethel Conrad, extracting the famous Stokes letters therefrom, are now on trial. There were 18 let ters, and six of the most important, are missing. It is believed the detec tives were paid by Stokes to destroy them. Concord, N. C, July 13. The Brander cotton mill, which has been closed down for about three months, started up the spinning department this morning and expects to start the weaving department tomorrow. SHORT A MILLION DOLLARS. Prominent Member of Big Brokerage Firm Loses This Amount In Speculation. Minneapolis, Minn., July 13. As a result of the belief that Pettit was short approximately $1,000,000, lost in speculation, and said by officers of the Peavey interests to have been in direct violation of the instructions of the Minneapolis office, bankers and officers of the company met at F. H. Peavey & Company's offices here. A statement issued after the meeting says: "On Saturday afternoon, July 8, fol lowing the death of James Pettit, a representative of F. H. Peavey & Co., who had been sent to Chicago to assist in the offices of the Peavey Grain Company during Mr. Petti t's illness, discovered that certain un authorized and concealed speculations had been going on in the business, which subsequent investigation proves will result in a shortage of approximately $1,000,000. "Mr. Pettit, general manager of the business, had apparently in no way profitted by these speculations, and they were carried on absollutely con trary to the instructions of and with out the knowledge of F. H. Peavey & Company, and in direct violation of the well-known policy of the Peavey interests. "F. H. Peavey & Company's inter ests in the Peavey Grain Company arises from the fact that it is the owner of the stock of the Peavey Grain Company of Chicago." Better Be Good, Then. Havana, July r 13. The Liberal party convention resolution pledges the sacrifice of "life, blood and prop erty" to -prevent the third American intervention Gomez notifies the con vention that 'tid will not be a candi date again for the presidency. HOT OFF OF THE WIRES Ten People Injured. Chicago, July 13 Ten persons were injured when a Pittsburg, Cincinnati, Chicago and St. Louis passenger train hit a crowded Forty-Seventh street car this morning. Cholera Spreading. Rome, July 13. The cholera is spreading in Italy and a pestilence threatens the country. Mrs. Lane Very III. The many friends of Mr. and Mrs. Henry Lane will regret to learn of Mrs. Lane's serious illness and hope for her early restoration to health. After Ice Trust. New York, July 13. Commissioner Waldo is on the trail of the ice trust, which refuses to furnish inde pendents with supplies. Murder and Suicide. Exeter, N. Y July 13. The police say that W. J. Mullen shot and killed Mrs. Frank W. Durant and then kill ed himself. The body of the woman wras found today. Civil Ceremony Performed. Paris, July 13. The religious cere mony between Emma Eames and Emilio Gorgorzo was performed to day. They will spend their honey moon in Switzerland and Italy. Elks' Festival Ends In Grand Ball Atlantic City, N. J., July 13. The last session of the Elks convention was spent in sight-seeing. There will be a grand ball on the million dollar pier tonight. HOT FROM THE BAT. 0 WHERE THEY PLAY TO-DAY. National League Pittsburg at New Yor. Chicago at Brooklyn. St. Louis at Boston. Cincinnati at Philadelphia. American League Philadelphia at Detroit. Washington at Cleveland. Boston at Chicago. New York at St. Louis. SUMMARY LEAGUE GAMES. National League. At New York New York 4; Pittsburg 3. At Brooklyn Brooklyn 5; Chicago 3. At Philadelphia 1 Philadelphia 4; Cincinnati 6. At Boston First game: Boston 6; St. Louis 13. Second game: Boston 6; St. Louis 6. (Called at end of 10th; darkness). American League At Cleveland Cleveland 4; Washington 3. At Detroit Detroit 9; Philadelphia 0. At St. Louis St. Louis 2; New York 12. At Chicago First game: Boston 3; Chicago Second game: Boston 1; Chicago 2. Southern League. At Atlanta First game: Atlanta 1; Memphis 4. Second game: Atlanta 2; Memphis 4. At Montgomery -Montgomery-Mobile (rain). At Birmingham Birmingham 2; New Orleans 1. At Nashville First game: Nashville 4; Chatta nooga 3. Second game: Nashville 6; Chattanooga 7. ' Virginia League. At Roanoke Roanoke 2; Richmond 5. At Danville Danville 9; Norfolk 7. At Lynchburg First game: Lynchburg 2; Peters burg 3. (12 innings). Second game: Lynchburg 4; Petersburg 3. Greenville Defeats Kinston. Greenville, N. C, July 13. With the mighty Sloan on the mound, Kinston Tuesday met crushing defeat at the hands of the Greenville sluggers, the score being 12 to 1. Kinston began in great style, taking the lead in the first inning, but .in the second the Greenvilleites got Sloan for safeties, and these, coupled with several mis plays, netted seven runs. .. Features cf the game were Darden's running one hand catch and Forbe's home run. Score: R. H.E. Greenville . . . .070 002 01212 15 2 Kinston 100 000 000 1 8 6 Batteries: Lanier and Riddick; Sloan, Pittman, Fleming and Rodgers. Aurora Defeats Greenville. Greenville, N. C., July 13. In a snappy game of ball here today the fast Greenville ball team was de feated by Aurora, the champion ama teur team of Eastern Carolina. Fike, of Aurora, was at his best and was never in danger. The score was: Au rora 1; Greenville 0. SOLID WALL OF FIRE IS SWEEPING NORTHWARD OVER MICHIGAN-SCORES DEAD TOWNS WIPED our GOV. ASKING FOR HELP Bay City, Mich, July 13. A solid wall of flames" is sweeping northward threatening to blot out the entire up per part of the lower Michigan pen insular. Twenty-one counties are on fire. Villages and hundreds of outlying homes are obliterated. Scores of dead and hundreds are doomed with fire. Starvation is adding to the fir terror. Women and children are fleeing through the country while the men are trying to fight back the fire's onslaught. Governor Osborne Is campaigning for succor for the homeless. First Fire Soldiers Ordered Out. Detroit, Mich, July 13. Three com panies of militia are mustered in to day by Governor Osborne to do ser vice in the fire-stricken region. Damage 10,000,000. Detroit, Mich, July 13. Hundreds of fire refugees are arriving and the citizens are caring for them. Troops have been ordered out to take charge of the fire fighting. Waters, the latest town, has been attacked by flames. Frederickj a big lumber camp at Grayling, has been destroyed. A conservative estimate of the total damage is ten million dollars. Horror Growing Hourly. North Bay, Mich., July 13. Thred hundred were suffocated or burned to death or drowned in the Northern Ontario fire horror. The magnitude of the catastrophe increases at every report. It is estimated the property damage in this region is over five million dol lars. The people are panic-stricken and stampeding to the lakes and rivers. Will Hold In Nashville Next Year. Washington, D. C, July 13. The executive committee of the Southern Commercial Congress has unanimous ly accepted the invitation to hold its next annual convention in Nashville, . in the spring of 1912. The Nashville invitation came from the Industrials League and the Board of Trade. . Engagement Announced. Washington, N. C, July 13. On Tuesday morning at half past ten o'clock a few intimate friends gath ered on the porch of Mrs. Louis Mann, ostensibly to sew. After chatting merrily for a while, Mrs. Mann, in her own graceful way, announced the engagement of her sister, Miss Annie Plummer Nicholson, to Mr. Danford Edmondson Taylor, of Scotland Neck, N. C, the wedding to take place on the 19th day of October. After good wishes and congratula tions had been expressed, delicious refreshments were served. Fire Destroys Milling Company. Buffalo, N. Y., July 13. Fire de stroyed the $80,000 plant of the Tonawanda Valley Milling Company at Attica today. IMPRESSIVE CEREMONIES. In Old Carnavon Castle Where' For Six Centuries Thhe Royal House Has ,&een Abode of the Prince of Wales. Carnavan, Wales, July 13. For six centuries the old Carnavon Castle ceremonies have been little less im pressive than the coronation of Prince Edwarrd today who was invested with the title of Prince of Wales. Washington, July 13. Atwood says he will try for the Hearst trans continental flight of $50,000 in the autumn. ' He will fly over here to morrow. if -3 TO-DAY'S MARKET Ttfvnr Ynrlr .Till v 12. Hot ton rmfined as follows; August, 13.85; September, i3.ua; uctooer, iz.83; uecemner, 12.75. The close was a t-. fnlTrvroR Jul v. 14.05; August 13.75; September, 12.98; October, 12.74. NEW YORK STOCKS. New York, July 13. Stocks opened irregular. Interborough preferred gained one point while Brookly Rapid Transit declined 3-4. Steel, common, is up 1-8. Southern Railway, Reading and Pennsylvania are up 3-8. The curb is off 3-4 due to the forest fires. Americans in London are stady. GRAIN AND PROVISONS. Chicago, July 13. July wheat opened 88 7-8; September Corn, 67 1-8 to 5-8. t. ii ' 'I Ml 1