V lailf News. The News A paper for all the people and for the people all the time. Read it and keep posted. WEATHER i Party cloudy &n d warmer today, W ednesday partly cloudy. ' VOL. II, NO 125 PRICE: FIVE CENTS LAST EDITION. GBEENSBORO, -N. C, TUESDAY, MARCH 5, 1907. LAST EDITION. flQ MQTIGN FQRA IT IN GASE 1 Counsel for Defendants Will Fight Government's Suits to a Finish. DISTRICT-ATTORNEY RESTS CASE FOR GOVERNMENT Four Witnesses for Government and Two for Defendants Testify in Case Against Messrs. Smith, and Sargent. Many More Witnesses. Counsel for the defendants iu the pen , alt y suits against the Charlotte mill men do not ask that the government be nonsuited, butrwill fight the cases to a finish before the jury and, if necessary, in the higher courts. When District-At torney Holton announced at four o'clock yesterday afternoon thnt the evidence 1 for the government was in. there was the slightest intimation of a motion to non suit, us was at first 'predicted, but in Mead the examination of witnesses for the defendants was commenced. There will be forty or more witnesses for the mill men and it may be next week be fore the case goes to the jury. There was a sigh of relief when it was stated yesterday afternoon that the gov eminent would ; rest its case, af tcr five days hail been consumed in the testimony of witnesses for the plaintiffs. The prevailing opin ion among those who have attended 1 he sessions of the court is that the government's case is upon the whole very weak. It is true that some damag ing evidence has been adduced. The principal witnesses, however, have been the Knglish girls and labor union offi cers, whose testimony will, no 'doubt, be fiercely attacked by counsel when they come to argue the case. Those who have v expressed themselves Miy -that if the jury, after hearing the testimony of the defendants' witnesses, bring in a verdict in favor of the government they will be surprised. The sessions of the court yesterday were consumed in the examination of four witnesses for the government, the reading by District-Attorney Holton of a deposition made Inst fall by E. A, Smith liefore Inspector McLaughlin, the intro duction of several telegrams by the gov ernment and the examination of two witnesses for the defendants. Juror J. A. Hearne, on account of whose illness court 'adjourned Friday afternoon and again Saturday morning, was present yesterday. He said he had almost fully recovered. U ae jury is kept together and is stopping at the McAdoo hotel. Mr. Hibbert Recalled. When court convened yesterday morning Albert Hibbert, who was on the stand when court adjourned trway af ternoon on account of the illness of Ju ror Hearne, was recalled and the cross examination by Mr. Cansler continued. Mr. Hibbert is the general secretary of the American Textile Union, and resides in Fall River, Mass. Under the rapid fire cross-examination of Mr. Cansler. the union man became somewhat heated and made some statements that he tried to ;orrcct before leaving the stand. The impression he left upon those in the courtroom was that ho was very hostile to mill owners and that he was also greatly opposed to the immigration of laborers. In response to the questions pro pounded by Mr. Cansler, the witness stated that he visited a number of the towns of tho Xew England states in which there are cotton mills during the year of 100ft and found that there were inany cotton mill employes idle, in other work or seeking employment. I(e esti mated that there were 2,000 spinners out of employment in Xew England dur ing all of last year. Mr. Cansler read a number of extracts from the Ameri- it was stated that thero is a great scarcity of labor throughout tho entire ' country New England and the south and asked Mr. Hibbert if he had read (Continued on Page Six.) DOUGLAS TO RETAIN LOCAL POSTOEFIGE Washington, D. C, March 4. -While the nomination of Robert Dick Douglas at postmaster at Greensboro was not confirmed ' at the session just ended owing to the opposition of Senater Simmons. Mr. Douglas will continue in office. He is now, serving under a re cess appointment, which is just as good for all practical purposes as an ap pointment confirmed by the Senate. This Is one of the eases where the ad ministration will not submit to dicta tion from persons in the Democratic party. 'Mr. Douglas' fitness to hold the plact has not beau 'attacked, nor liavi any aspersions been made upon his character. The contest of Senator-Chairman Simmons was based on the ground that Editor Douglas had gone opt of his way to attack the Democratic boss. On this point the administration will bits to ba "shown." ' noiisu in MEN SPOON ER T AFTER 16 YEARS IN SENATE Senior Wisconsin Senator Will Return to Practice of ..' Law. ' CANNOT AFFORD LONGER TO SERVE HIS COUNTRY Announcement of the Retirement of This, the Ablest Defender of His Party in the Upper House Created Sensation in Congress. if U m Krf jkt Vjl SENATOR SPOONER. Senior Senator from Wisconsin, Who Has Sent His Resignation to Governor, to Take Effect May i. the Washington, D C. Mch 4. Senator John C. Spooner, of Wisconsin, has re signed his seat in the Senate. Announce ment of this fact caused the greatest sensation in Congress this session has produced. The news came as a staggering sur prise to everyone, except a few senators who had been taken into Spooner's con fidence. Others refused to believe the statement, when first made, and remain ed incredulous until the senator himself ansnrpd them of its truth. He will re- tire on the first of May, after sixteen I (Continued on Page Two.) EXAMINATION OF ALIEN1STJNJHAW CISE Expert As Usual Proves Match for the District At torney. PRISONER'S MOTHER TODAY New York, March 4. A long stride forward in the trial of Harry K. Thaw was taken today when District-Attorney Jerome announced that his exhaustive cross-examination of Dr. Britton D. Evans, one of the alienists for the de fense, had been concluded. ; Dr. Evans had been under fire eineo Wednesday morning last. He was im mediately succeeded on the stand by Dr. Charles G. Wagner, of Binghamton, N. Y., who accompanied Dr. Evans on most of his visits to the Tombs. Mr. Jeromo indicated by his questioning of (Continued on Page Two.) CORONER'S JURY BLAMES N. I CENTRAL FOR WRECK Xew York, March 4. The jury in the coroner's inquest into the Now York Central wreck in the Bronx on February 16, when twenty-three persons were killed, brought in a verdict tonight hold ing the operating and construction de partments of the railroad responsible. The coroner endeavored to get a recommendation as to individuals, but did not succeed. He then declared he would hold the entire board of directors and the president of the Central and parole them until ten o'clock tomorrow morning. ' I Archie Roosevelt Much Better. Washington, D. C, March 4. Consid erable improvement was shown today in? the condition of Archie Roosevelt, the third son of the President who has been ill since Ut Friday with an attack of diphtheria. WILL Ul FERTILIZER TRUST NHS II II, 5. SUPPKiE COURT Govern.. nt May Not Remove Officers to Tennessee for Trial. U. S. CIRCUIT COURT IS REVERSED BY HIGHER BODY Justice Fuller, in Handing Down Opin ion, Declares That the Lower Court Was Incorrect in Holding Indictment Was Sufficient to Secure Removal. Washington, D. C, March 4. The fer tilizer trust cases, involving the right of the United States to compel the removal of indicted officials of the fertilizer coni- ?anio3 constituting the alleged trust rom Virginia to Tennessee for trial. were decided today by the Supreme Court of the United States adversely to the Government's contentions, the opin ion being delivered by Chief Justice Ful ler who held that the United States Cir cuit Court hud erred in holding that the indictment was sufficient to secure the removal of. the cases without regard to the evidence. The result was the reversal of the de cision by the United States Circuit Court for the Eastern District Of Tennessee. Chief Justice Fuller said that the Su preme Court had never held that the indictment of a person was sufficient to secure his transfer from one jurisdic tion to another, "and," he added, "we now hold that it is not." Ho proceeded to say that removals should be only or dered upon showing sufficient cause for such a course; that this could only be done by scrutiny of the evidence, and that to refuse this investigation is a denial of the right guaranteed by the constitution.: The court therefore re versed the order of the Circuit Court for the removal of Tinsley and the other defendants to Tennessee and ordered their discharge but without prejudice against future, proceedings in the case. Bitterly Fought Case. The fertilizer trust cases have at tracted much attention and have been stubbornly fought by both the govern ment and the trust officers ever since the beginning of proceedings last May. There were eleven cases before the court, and all arose out of indictments returned by the federal grand jury for the middle district of Jennessee sitting at JNasn ville, which charged the defendants with conspiring; to reeulato the price of fer tilizers in the states of Xorth Carolina, South Carolina, Georgia, Honda, Ala- (Continued on Page Two.) FOREST RESERVE SURVEY AT HANDSJIT ENEMIES Raid Made on Appropriation at the Last Nearly Suc - cessful. THE WORK WILL BE PUSHED BY JOHN E. MONK. Washington, D. C, March 4. Almost at the last moment the provision in the agricultural bill appropriating $25,000 for a survey of the Appalachian and White mountains came near going out as the result of a raid against it by cer tain eastern and western members. - Representatives from North Carolina and Kew England rallied to the defense and saved the survey by a margin of about five votes. All of this happened on Saturday, when the conference on the agricultural bill was brought into tho House. Representative Ovvrstreet, of Indiana, started the ball rolling when he de manded a rollcall on the survey amend ment. His motion was lost by a vote of 115 to 110. Strong influences were at work in both Houses to head olf the plan for a survey of tho Appalachian and White mountains, as it was realized that such action would be followed next winter by the enactment of a law creating for est reserves in both regions. The department of agriculture officials are in favor of both reserves. They are intensely interested in the extension of forest reserves. For that reason the act just passed by Congress will be en forced without delay. Tho survey au thorized will be made during the com ing summer and a report on its submit ted to Congress at the beginning of the December session. UATKO TOWN. SO SHE STAYED AWAY FROM IT 45 YEARS Lexington, Ky., March 4.- A - relative of Henry Clay, Mrs. Frances Paca Peter, aged ninety-one years, died at her home in this county today. She lived seven miles from town tand had not been here in more than forty-five years. ' , Sho became angry at some of the people in tho city before the civil war and vowed that she would never visit, tho place again. She was wealthy. CONGRESS, WEARY WITH WORK OF LAST DAYS, ADJOURNS QUIETLY; SHIP SUBSIDY BILL IS SCOTCHED SPEAKER CANNON. The Presiding Officers in the House and Senate of the Which Adjourned Yesterday. NO CHARTER BETTER THAN A DRY CHARTER, HALIFAX TOWN TELLS LEGISLATURE Declares in Rebellion That if Democratic Party Insists on Tak ing Away Right of Self-Government It Will Turn Re-ublican. Special to Dailv Industrial News. . ; Rnleiirh X. C. March 4. One of the I .... , - i.- most Kignincant incmcms iu couuecuo.. with this session of the general assem-!state lilv was in the House today, when Rep rrscntativo Kitchin, of Halifax (Demo crat), arose and asked permission to withdraw a bill ho had introduced to incorporate the town of Spring Hill, inand that tho cry that the stfawberry i ,... 'industry would wane if there were not 1 Halifax. , , . ,, ,,., .in' He said he did so at the request of every citiaen of tho place, for the reason that in the legislative committee a clause had been inserted making it im possible ever toiwill.any Jiquor in the town. So the people thought that if a Democratic legislature would deprive thcin of their right to govern them selves under the Watts law, which is in dorsed by the party, they would prefer not to lvc the charter, and they could not see how they could ever be called on again to vote the Democratic ticket. The House passed the child labor bill with an amendment that no child work in a fuctory between 8 p, m. and 5 a. m sixtv-six hours to constitute a week's work, and each child under fourteen must, have four months' schooling each year. ' " The editor of the Evening Times and Representative Winborne of the House made an amicable settlement of the sensational personal privilege denuncia tion applied to the editor Saturday night. In an explanation made on the floor of the House Mr. Winborne said among other things: "The editor of the Evening Times has acted the part of an honorable gentleman in this matter and I would be glad to say so to this House and I gladly retract everything I have said as to that editor and the Evening Times." ' The Senate had one of the most spirit ed debates of the session on the bill TRIAL FOR MURDERER OF FAYETTEVILLEPOLIGE Will Order Special Term of Court as Soon as Cumberland Asks II ; . Special to Daily Industrial News. Raleigh. N. C, March 4. The negro, Tom Walker, who was arrested batur day night at Dunn, Harnett county, for shooting three policemen in Fayetteville while the officers were raiding his place as "blind tiger " was brought here Sunday noon and committed to the penitentiary for safe keeping. He will b? kept in the penitentiary for safe keeping until arrangements are made for the trial, which is to be as speedy as possible. Walker expressed no regret at his hor rible act, but when the officers asked him what he meant by acting in such a manner he said: 'T said I would shoot the dogs if they tried to arrest me, and I am satisfied. If you had tried to arrest me without having any gun I would not have resisted you." He did not seem much excited, but regarded with fiendish glee his horrible crime. Governor Glenn said today that the officers who managed the affair and had the murderer brought to Raleigh de served the erjatest praise. By their judgment, he said, the avoided a lynch ing. ana wisnea tnat ouier oniciais might profit by the way iu which they (Continued on Page" Two.) VICE-PRESIDENT FAIRBANKS. Fifty-ninth Congress, i 'committee substitute for the Buxton it.'ii i. i l : : um ' emmuiage ana p "mute jiumigiit- tion bv appropriating ijilO.OOO annually : f()1. this w()rk lmder the djroetion ) tll(! department of agriculture, irom the Hums or which mm ot the appro priation is to come. Jsenatov Avcock. one of the strongest I onoonents of the bill, declared that the ; farmers were not demanding immigrants nti iiiiuiA fi i iti in i fa i an 1.1 t4i . iiii-T as more strawberries were raised last year ' than could be sold. He declared that I most farmers had a thousand times rather have negro labor. Senator Buxton ' championed the bill ju. ju strong speech,' insisting-that (here was need for it in both agricultural and manufacturing circles of the state. The bill passed the second reading twenty mree to fourteen. .' IMMIGRATION BILL IS ARGUED WARMLY IN S TA TE SENA TE Special to Daily Industrial Xcws. The Senate convened at 10.10. Prayer was offered by the Rev. R. 1'. liumpas. of the Methodist church. ".'.'The following bill passed hnal read-. lug' ' ' Incorporate school district in Caswell. Bonds by Fayctteville. Incorporate Piedmont and Railroad Company. Southern Amend charter of Hartford. Authorize town of Washington to is-: sue oonas. . i Charter (Jarysliurg. : Amend charter of Franklin in I. moil. :: Bonds by Beaufort and levy special tax. , Allow Raleigh to issue bonds. Allow Apex to issue bonds. Incorporate Vass, in Moore. Incorporate. Broadway, Moore. Allow vote in Salisbury on bond is sue. :. (Continued on Page Four.) E L BE GIVES TO THE JURY SOME TIME TODAY Brother-ln law ot the Defendants' Contradicts Evidence Formerly Given By Hlrr. Culpeper, Va.,. March 4. Twenty-tour hours hence the case of dames anil Phil- ' j lip Strother charged with the murder ot William F. Bvwaters, their brother-in law, will have gone to the jury. Tins vol thA ftirildtinn af. ihn ilrtfen rr In. day's session of court, when, in extended argument, .both nroseetition and lie ense had upheld their respective contentions as to the guilt of innocence of the defendants.- Although the presentation of law, legal precedents' and authorities ruled iiur iay s proceedings, iney were not . .1 witnout vital interest to me crowd ... , , , . , ... .. which nas wsicneu intentiv ine course nf fh'n irial: At llie innniiio sohqI, .., fiu. iurv hnnl FdwarH I.. :,i!iio Virnlhpr. in-lav of the defendants admit certain discrepancies in his testimony given be fore the coroner's jury. He explained that these discrepancies were due to "an excitable and nervous nature," and that his memory may have been faulty when he testified at the inquest. Mr. Gaines was'called by the prosecu tion with the intention of drawing from him certain information as to whether the window in Mrs. Viola Bvwaters' tisurooin, tiirougti wbicii Jiywaters is claimed by the defense to "have been (Continued on Tnen Two.) Closing Hours Were Tame in Com parison With What Was Expected Thousands Throng Capitol Corri dors Unable to Get into Witness Final Proceedings. President, With His Cabinet and a Number of Guests, Occupies Presi dent's Room in the Senate Wing. Warns Congress Thai He Still Has a Few, Unfulfilled Wishes in His Locker. AsUfNT.ION, D. I.. March 4. ions and far-reacliinu legislation, the I- ifly ninth ( onpress was brought. o a close shortly alter noon toilaw 1 he last lew hours were calm, in fact tame, bv comparison . with what had Senator lallmger's fight for the passage abandoned and the filibuster against it no lonffer necessary, he surrendered the the galleries. Before withdrawing the bill. Senator (.alliiiL'er expressed th belief that, with t.hp snnnorl. nf T")moi'rM i ir llwiiibcrs, winch lie hail l,cn us- . , . ,, , ' . present bill at the next session of Congress. Extreme fatigue, due to 'continued mglil sessions in the House dminu' the last week had. a fiiieting effect upon mnnv teprcsentalives and (be usual nxt(,-sle Inst dflv enlhusiasm." was ship. Despite these conditions, the audiences c ever been, thousands thronged 1 to cither branch. President Visits Congress. One of the interesting features incident to the close ot tin: ( ougress was the visit of President Roosevelt, who. with Ins cabinet, and a number of guests, occupied the President's room in the henate wyjlf. . Seated at a big . table in the center of the room be signed -bill as thev were presented to bun. On account or the dispatch with which business has been conducted during the past week, there were only forty bills to be signed today. The President, was at the capitol for more (ban an hour. lie devoted much of the time in visiting with his cabinet, both the returns: and incoming members being present, and in presenting them to personal friends ot the Senate and House. Retiring senators were . rceeive-l sraesouslv and without exception: the Presi dent expressed regret that these lawmakers were to leave the service ot the countrv. Kspeeinllv warm was his reception ot Senator Spooner. who lias pist announced his volunteer retirement. Not Through Yet. ' When the members ol the comnntt-'e wlncii Availed upon him W illi the . in I orinat ion that Congress was ready to ad lourn. had delivered (heir messages. th President thanked them for the laws that had been enacted, but lie added with a smile that he still had several bills taut would lie heard Irom in t lie tut lire. j This amounted to good natured but, direct notice to Congress than lie had not ; abandoned the several nvoiiuncndalioiiK for legisint ion which had not met wiai congressional favor this session. ice-President 'Fairbanks and Speaker minority for the, impartial manner in which thev hail pre-nlcd over the deliber ations of the two houses, and both of these officers made speeches expressing gratitude at the words ol appreciation. A .feat tiro ot tho House session was the , presentation of a club silver service of three hundred nieces In ,eneral (ros ' venor, by his colleagues of the Fifty-ninth Congres. Seeches of regret at the veteran Ohio representative's retirement made trom both -ulcs of the chain ,ber.' My Country 'Tis of Thee. In addition to the snugs and stories tn.it usually mark the close ot the ps ision, there was a beaiititul picture loinied bv the entire Ibmse rising and w.-uv-ing lings and singing, 'Mv Country 'hs ol dice. ' as the gavel fell t Yi.l't n :m. In the Senate the last ot (he' proceedings- was the speech bv no-li-t--f -I dent Fairbanks, prior to adjournment, at 12. 13. His remarks were applauded bv jthe thousands ot visitors and the applause, coin iniicij a the audience wati-iiej with interest the farewells ol the senators on the floor. CLARK RESENTS STORIES OF PEONAGE; ATTACKS HEARST AND HIS PAPERS Washington. March 4. Peonage wast the first subject brought, to the ntlen- inn.nf'4l, II....... ,.!,,. il -.- n-, lle.l i 'order at n..w today, representatives1 Jenkins, of Wisconsin, chairman of thci House committee- on judiciary, had read ' a resolml 1011 by Represents! ive ( lark. ! of Florida, in 'which information was : souirlit concerning the net ion 01 the uY- rartment of justice in sending special , ! attorneys to Honda in connection with i I peonace cases I here. A letter Irom At-! I tornev-licneral Bonaparte- also wns read, and 111 it the departments woik ! "i'" rl ' 11 " 1,1 Representative Clark, ot Florida, made a bitter attack on newspaper accounts of neonace 111 his stale, which h slj,l were whollv untrue, .unlair mm unjust ... In th: connection he referred to publi M nj .n,i i- irom-iiuni,! -it 11-n iiesii'Hi.. i 1" " ". j V, ' ' .V,i ', i1,in,"r,i cations owned bv " " "i -1 ..-.r H. ..,..,.,.,,( V,in, n ,.1i u I'll el . ' . -. Izmir as incorrect a statement nttiilm I ted to him in a ina jszinc rim resolii - u, i , i,.,.,,! u, ! 1 " nu In relerriug to these ni'wspaper in count. Mr. Clark said: 10 wan- a n.ucK rar .! agreeable to engage in disputation with j !''e . today .- agreed to the conference that product, of our present -da v eiviliza-1 report on the bill limiting the hours of tion known as -yellow jouinalisiii,'UlM.vi,, Tnjiv..av pmnloves as nirreed wavs unuieasani. it. i in, n ini- which lor a few pennies and an oppor tunity to keep 111 the light, does not hesitate to calumniate hm entire com munity. It Is disagreeable because of the fact that the creature in question is generally so lacking in character and Milhn new record tor large appropn.i- , been expected. Long bclore noon of the ship subsidy bill had been conducted ov Senator ( itrmnrk hcur,' floor, much to I In- disappointment of .. ., , , .. .. .. conhned to less lluin ball the member- in both houses were as la rye as they he .corridors nnalilo to secure adniis-iou ( annon iecei crl l lie thanks of the so bcrclt ol the csentinl at ( rael ions of "'a! .manhood, (hat he will resort to any "" '" Ot IlllscllOod lo bolster '.., t.: original liliel. submitting (o this House and to the American jieople the few remarks that J shall make upon the suhcct of pooling!! 111 Morula as treated in a re cent article in thi' ( osiimpolitnu maga zine tor March. 1007, anil partly eojued iu the New "tnrk hvening .lournnl of K'bnia rv '.. IIK17. I know (hat I shall' bring down on inv humble sell the re lentless I ii rv ol the oivncr of these pub lications who hiipiciis to be a member ot this body, but, who 1 do not liclicvc has occupied his seat for ten full day iluriii!! flu' oiil ire Iile ot (he I lit y-iiiiith ! Congress. Hut, he that as it may, I I w l"" iinwonnv 01 ine iiign ntm ' )i,,nj,,.1.li 11, lull 1111 f lint.l ,f 1 alum. I , u lit v hii Mere nun iieriiin n ill. ill, I inv . , 1 .. . 1 . .. . .. , i 1 'f this bodv. cidier from hi - - Irom Ins jilnce on ; ,. ., i Ills IIOOI or through the columns of bis publications to slander and malum mv iF"!"" - BILL TO LIMIT HOURS OF RAILWAY SERVICE SIGNED . Washington. D. C., March Washington. D. C, March 4. The upon bv the conferences last night. I he House also agreed to tho veport of Ibe coulcrence and in both Houses 1 1 j,,, adoption was by unanimous vote. (Contiuued on Page Two.)

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