Newspaper Page Text
THE DAILY PRESS i* tr only newspaper published i Newport News that receiv< the full news service of th Associated Press. VOL. XIV. NO. 48. ACCOUNTING TO POLICY HOLDERS IS NOT OPHELD Equitable Life Wins Case in (fie Supreme Court of the United States. MISMANAGEMENT WHS ALLEGED Complainants Asserted That Company Was Formed on Mutual Plan?Sub? mitted That Profits Had Not Been Properly Distributed and That Much Was Held in Treasury. (B>' Associated Press.) WASHINGTON, D. C, March !.?' In an opinion by Justice Peckhani the Supreme Court of ihe l'nito;i Stales! tislay reversed the decision of thej United Slates Circuit Court of Ap- j peals for the second circuit in the! case o; ihe Equitable Life Assurance Society of the I'nited States Vs .1. Wile x fliown, in which many serious allegations were made agains; the niajiagement of the company. The decisi.-.n of tin court below was favorable to a hearing f :r Brown, i but ihe opinion announced tisday fail ??d to uphold the views there taken. The suit was brought in the United States Circuit Court for t'he Southern dls'rict of New York by Mr. Brown. wh? claimed to represent nut only himself, but that the 60,000 policy holders. Asked for Receiver. He asked for the appointment of a receiver and a general accounting, al legtag''that as the company was or? ganized on the mutual plan he and all other policy holders were entitled to participate in the division of the surplus. While admitting that there ha.1 .been some distributicn of .profits, he ocntended that it 'had not been as extensive as it should be. He charg. ed, indeed, that $10.000.000 more than was necessary nad been retained in the treasury of the society and argued that the maintenance of so large a sum there had resulted In' extravagant salaries and other waste , ful expenditures. I The Circuit vourt dismissed the bill on a demurrer but the Ccurt of. Appeals, to which Brown appealed, reversed that decision and remanded tlie case to the Circuit Court on thei ground that as the bill alleged fraud. | the company had been compelled to make answer and allow the ca-<- to be decided on its merits. Company Took Appeal. From that decision the company ap. pealed with a favorable result Justice Peckham's decision revers? ed the Circvit Court of Appeal's and affirmed the Circuit Court. Justice p. ckham said in his opin? ion that the court had readied the conclusion that there was no cause for 'MF. Brown's action and held that he iras entilleyi neither to an account-! ing nor to the appointment rf j fe coaver. HEGRO SEHTCNCtD TO DEATH IS LOYAL TO HIS FRIEND Smith Further Declares That He Did? n't Know That He Had Killed Flynn. RICHMOND. VA.. March 1.?AI-1 hough he slicks with blind loyalty | to his determination, expressed when he first ccnlessed to the murder of James Flynn on the night of January 25, not to tell anything that will in? criminate his friend. Charles Hamlet, also colored. James Smith, now lock ??d in solitary confinement in the county jail under sentence of death, i in ie line of the crime this morning, io!d enough to convince bis hearer? that Hamlet was with Smith on the, .lieht of -the murder With every u?-( icrance nude in oinneetion with his. sSSfJ. of the erime. Smrh reiterates] that he will not say anything that will tmrt the man who was with him. Again he states that he will no- tell on the man because he has been tried and dismissed Once be sta'ed. in answer to a question that Charlie did not hn fhe man Charlie Hamb-r was tried as an aeecsnorv to the crime before Judge lywis. hilt was release-! on an alibi In telling of his feelincs during the trial. Smith Hated ih?. he was snr prised to hear one of the witnesses ray that Hamlet spent the night in ReTsasond He nfesed to say more, however, saving that If he told more it might kin Hamlet All through bis storv be madr it clear, so*far as the mind of bis hesrer? was con i.-T-d that Hamlet was his com par)ion mi ih<- nlghi ol the nuirdi r I According it) Iiis statement this, morning, smith h*'Kan drinking in Kirhmon4 early Saturday morning-, and Saturday nisht he 'i>ecame very ?it unk. II?? continued his drinking ihrouzli Sunday, and Sunday niuht lie an.i his conipaniun decided to go to West lianiplon. Smith went to sleep on tue err and the conductor put him off. His friend got off too, and alter roam? ing along for sometime, they decided to make a fire and spend, the niulr here. Soini' time aftor the fire was made, while they weie silting by it. KlyilU appeared und look a hand in the con? versation. Smith Mli!>-s tnat Kitnn I wan intoxicated also Finally afier dlscmsing sev? ml matters ihe ars.ii-1 nieut inriied to religion and decided stands were taken lij |>oth siller I (loth hecame angry and, according to Smith, ihe negroes attacked the while man. The other nemo made for Klynn unarmed Inn Smith picked no the piece of moulding with which the murder was committed and struck the while n.an over the hoad with it. After the man was unconscious Smith states that he had no trouble getting Flynn's clothes off. "If I j ha,) Known that he was dead." h? stale.i ?'! neved would ha\e taken his, rlotlies and wo'n them awav." He refused to say whether the other man took ihe shoes or not. hut contented, himself with savins: "I have paid that Charlies was with me early Sun ' day nivht hut what I haven't told I I won't tell on him. I don't want to set him into trouble, because he was, mv friend." Smith has been perfectly at eas" j since he w as sentenced, saying to all | questioners that he has prayed for forgiveness and lias been forgiven. He! said this morning thPt lie wanted to j ?et our of the world as quickly as, possible ("cause he had never known I anvthing except trouble, and believes Ihr.t he is going to a better world, j BROWNLOW'S LIQUOR BILL. Tenneaseean Deairea Laws to give Greater Pojprr to States. WASHINGTON', March 1.? Fol I whip the prohibition agitation In Tennessee. Representative Brown !l.w. of that ^.ate. introduced in the House a bill to enable the States more effectively to enforce ] their laws on the prohibition of the sale and manufacture cf intoxicating liquors. The bill provides lor a surrender to the Statrs of a full control of the liquor traffic, allowing them to i?ass stich laws as in their discretion will prohibit the interstate traffic In in? toxicating liquors. Safety Appliances Sustained. RICHMOND. VA.. March 1? In the T'nited Sta es circuit court of appeals a dee.?ion was handed down todav construins the act of congress of 1889 with reference to safety appliances on raiiway trains to protect employes. The lower ecnrt held that congress ha I the right to pass the act com? pelling the appliances and today's de? cision sustains this finding. COMPROMISE REACHED ScmIb Cffluuttss D&CHtes Not to Dnnhfi ClooJ Hannos rTIK otrol ?cnjvT. WHERS sttT SBBIIT THEffi VlflVS Authority Under Which President Acted in Allowing Consolidation Dill Net be Demanded?Views Pre? sented Will be Individed. fBr Associated Press.) WASHINGTON. I> C March I.? J The senate committee on judiciary today voieil io reach a disacreement on :he r<-*o1ution providing for an investigation of the absorption of the Tennessee t'oal and Iron Company by the i'nite.i States St?-?-' <*or|>oration to determine under "what a.ithnrify of law the president pail knitted the aser , Per." , Anv v.ews submitted to the senate on the subject wiii lv considered In? dividually as re|iorts not having the sanction ot tie- et mi mit tec This is generally regard<-d as a ] compromise, as a naiuber of ??-ua tors had drafted a repor- declaring the merger to be in violation of th" S!ierman anii-trast law and rehuklna President Rooaevelf for his part in the transaction, while others declared that it was no the funct:on of a com? mittee, under the resolution adopted to pas* upon these questions Discussion Precedes Decision. The derision not to s-ibmlt either ef th?* repor'? of the sub-commit'ee was reached after a great deal of <*tsrtisaioa Pnall-.- Senator Pulton moved ?hat a d Isarree nie? t be report ? d ?ad that ? ?ach senator should have the imiridnal hsht reserved to him to msk s:ch expression of views to the senate as he dTires Thia motion was adopted hv a r*? of 7 to i _NEWPORT N HOUSE DOES BUSINESS |[ AMID GREAT CONFUSION Speaker Experiences Great Difficulty in Maintaining Sligtiest Semb- j lance of Order. i FOREST RESERVE Bill 6EIS THROUGH j Appalachian and White Mountain Reservation Act Passes After Adop ' tion of Amendments Extending Pro? visions to' "Al| States"?Senate Passes Two Important Supply Bills.' (F!v Associated Press.> WASHINGTON, I). C. March 1 ? Transacting its business amid scenes I ol great confusion the house of rep Itsentatives today gave every evi? dence that the present congress is drawing to a dose, in his endeavor ? to maintain a semblance of order, the I speaker was constantly pounding his i gavel und admonishing members to' cease conversation. After two hours of storm, debate ihe so-called Appalachian an.i White mountains lon-st reserve hill was < parsed by a narrow majority of ten.) Measures of this character had been ' before the house in one shai>o or another for many years and today's action witnessed the partial consum? mation of a policy in connection with the conservation of the forests un? ceasingly pressed by its advocates. ! Terms of the Bill. By the terms of the bill the Na? tion Forest Reservation Commission j is created for the purpose of acquir-, ing by purchase or condemnation the ? lands needed to promote or to pro-j tect the navigability of streams in. whose watershed they lie. The house bill is a substitute for that of the sen-' ate and the measure will now go to conference. The final conference reports on the army, naval and fortification appropri? ations hills were agreed to. and the measure will now go to the Presi? dent for signing. In addition to this a vast amount of miscellaneous bus? iness was disposed of. Insurgents Win Fi^ht. A resolution, designed as a conces? sion to the so-caded insurgents j amending the rules so as to provide one day each week for call of commit te.es gave rise to immediate discus? sion and was adopted bv the narrow margin of six. the vote standing - ? to 62. After a short discussion the hous i almost immediately insisted on its disagreement with the senate on the amendment to the legislative, execu? tive and judicial appropriation bill raising the salaries of the President. Vice President, the speaker and Unit? ed States judges and the bill for the third time went back >o conference. The house at 5:56 o'clock p. m. ad? journed until 11 o'clock tomorrow. Forest Reserve Provisions. By the terms of the so-called Ap? palachian and White Mountain forest reserve bill amended s,v as to apply it prevision to all States, which was l?assed in the House today, a national forest reservation commission is 'created to acquire by .purchase or o. ndemnation. the lands needed to promote or to protect the navigabili? ty of streams al mg whose water shed they lie. The House bill, a substitute for that of the Senate, will now go t:>con? ference. The bill is genet a] in its scope. It permits tbe acqmremnt of lands in any part of ihe United States, wttrre such acquisiti' n can be shown t > be advisable to the na? tional forest reservation r tnmitslon create^ by it. after the g.-okigicil survey has determined that <uieh ac qtiisiiion will promote or protect the navigahilitv of streams on w^.ose water she Is the lands lie. Scope is Cxtcntfed. Originally 'he biil was designed to rov-r the Ap nlacliian and White M untain ranges, tuit Ihe IP use sub? stitute makes it? prov.sir.ris anplica ble to all States. Mr Weeks. M.i.-sachusetts. who in conjunction wi;h Mr lector. South Caroli-a. repoticd the measure ex? plained in de'ail i's pur;o?es and called attention io wlnl he said was the paramount imp rtance rf enacting sw h legislation. He was pHed from all sides with qoe?tkn? regarding the m>'ih d of acquiring the lands, and said that it would he done b> pir-hase and con dcma.it ion. 'in nHw>.| ion Mr Smith Caltfor n!s. declsred thai It noi nnlv b-d t* ?tvpr riaCns "truly appalling In magnitude hut attemirfa lo change ?he po|i< v of the gntemment In very Imp* nan? .articular*' "!? is csv- of the ro-t ; rickm* nv?ax (Co?Mnm>d mi Third Page). EWS, VA., TUESDAY COUNCILMEN COMVKTtO * ON CONSPIRACY CHARGE President and Two Members of Lower Branch Found Guilty by Pittsburgh Jury. (Hy Associated Press.? PITTSIH'KG, PA., March 1.?After tili jury haul Im-cu out I r nearly i3' In tin. a verdict of guilty was return-J >-d late ti day agala*t President of Common Council William Brand and j Cotincllmen .lohn f\ Kb-ln and Jo--| i ;di C Wassoii, charged will? e'.n- j i-piracy Former llank President W. W. Itamscy, who was Indicted jolafly with them was actsaitied upon thej i rd r opMhe court aaj? the request of. the district attorney. The three convicted men were; charged with having conspired to secure the passage of an. ordinance for the paving o.' certain streets With wooden beckf upon the payment of certain sums of money by a detective Ii >.itig as a w;.od bock contractor and i his assistants. j Klein and Itanwey had already] (??in tor.-vlcted in bribery in in.Hvl dual cases. An appeal will be tak-n bv tin- c nvieted men. WILL FIGHT IF Hi CAN GET III CONDITION1 Ex Heavyweight Pugilist Not Vet 8ure That He Can Do Himself Juatice. 1 _, I CHICAGO. MX.. March 1.?"I w:il fight Jack Johnson for the heavy? weight championship of the world If I am able to get into condition to do myself justice." said James J.* Jeffries, who was in Chicago today . on his way to New ?ork. ! "The report that T skid I would fight Johnson as sooams I finished my vaudeville cngagenie# is not true." continued Jeffries. *$ have not said definitely I would fight Johnson and I am not ready to thy so now. M\ future depends upon my ability to, get into condition and 1 am not cer- i tain vet that I will be able to do uiy- ' self justice if I retiupfl to the ring, * must have more-tistPT Ttt^nafyue-Wr ronditlon before I will make any defi? nite plans." i ADMIRAL SPERR/ WILL ASK TAFT TO RELIEVE HIM Commander of Big Battleship Fleet Will Remain in Washington for I Inaguration. I WASHINGTON. I). C. March 1?1 It is now understood that Rear Ad? miral Sperry will file his application for relief from ihe command of the, AJlai.tic battleship fleet wijh the next1 aflmfnist ration He will remain in Washington for the inauguration. I SUNDRY CIVIL SILL. I Paased by Senate With Million and Quarter Increase. j fBv Associated Press ) WASHINGTON I>. C. March 1?1 j The sundrv civil appropriation bill I was passed by the Senate today ! It carries $l3S.i>7?.:.t>5, an Increase of I1.2K6.7I9 ?vi r the Mil as it wan' aa-sed by the House, j Of this Increase $99.000 was for pnblie building improvements at Everett. Washington. Jacksonville, j Fla.. Providence. R I., and Riverside. Cal: 461.'?/NM) for the revenue cutter service to pit vide lau nein a for ; Puge; sound: Portland. Me.. I/iss I Ar?;e|ea, Cal. and revenue, cutter and steam vess< Is for Narragansett bay. port o| New York and |Cey West, j Fla.: and li'Vo"1' fee travelling es ! penses of the President, the litter ' sum helna included by reason of thr refu>al of the House to agree to j raising the salar. f the President toi NAVAL OFFICER WEDS Lieutenant Roi?nscH of Vermont Gets Bride from Far West. I NORFOLK. V\ March 1?A ro? mance begun in Sin Francisco while the American battle fleet now in Hampton Roads *?? in that port on its voyage around ihe wont, culmi naied here ttxla, when Miss Kmma I Mary Kiirnham <?? Folanm. Cal. he j?ame the hri.'c or Lieutenant Samuel I Murr, y Roo*n-<-n of the I'ni'cd States hattlcsliij. \ rmont The* later left for llostop ?!>? re IJcitenant Rolt inson will soon join the Vermont He is a native of P<ii<>cy. Texas, and IK years old His ' lide ia 2?. Cook's Larguagr wejobjnct-onabie fftv ??soeiat?d Preas I WASHINGTON I? C March 1 ' The special committee of which Mr. 1 Mann. ' f lllio i- is chairman, was appointed in ? \ a mine t tut recent I oasjech of Mr c? k. <f Colorsdo. at tarfcir? Pre?id<i>t Roosevelt today re. peeled to the Hoes* that Mr. Co k s r marks ir?-;. ? ?' a* a * b le. do not contain Unsr*<?' >" violation <f the i nrorbUons of debate aid do not rail ; for farlher a<" n bv 'he II i ? I The eerier was approved and the j special eomtri:f'" dlschanfd , MAhCil 2. 1909. NEGRO COLLECTOR AT CHARLESTON RESIGNS Relieves Tad of Threatened Emtar-' passing Sttuatim Whan He Assumes Control. SAYS NO PRESSURE WAS EXERTED; Crum Declares Hl< Surrender of Of- j fice Entirely Voluntary and Prompt, j ed by Friendship for Taft?-His' Firtt Nomination Was Long Fought. I Renomination Renewed Antagonism. I (Mv Associated Press.) CHAKI.K8TON. S. C March 1.?j With the reaittmiU"b f W I). Cniml as collector of cvatomami this port.j toe r aiannti; a o take cfffcif March, 4. a situation which threatened to{ cause Presldcnt-elec' Tuft Co riders- [ ble embarasMiieni Is avoided. No am, ? Intir.eut m-ide by President j Rcosevi'lt during either of his ad-' niinistrailons !m given rise t> as much dist uss'r :i n< thn: of I>r. Cram, who-e ap. ointment as collector at Charleston wns vigorously, opposed because of th ? fact that he Is astegro A Ion? and hard fight against hts confirmation was made by Senator Tiltman and ethers when he was first named for the posltlcn by Presl-| dent Roosevelt In 1903 and within uo last few weeks, following his reap point meat. Senator Tillman conducted a rueceseful filibuster against his con. firms tiou by the Senate. Mo Pressure, Says Crum. Or. Crum says'that no pressure bad leen brought to heir upnrv him i was? tan'gun? hhh T?es?*ejw, 4wtt ttSM . he does so in f?art because h? wishes to save .Mr. Ta't. fo- whom he enter? tains gteat rwpcct, frcni any csslblt f mbarrassment as to his n appoint men I. and chiefly becaoae he feels that he has been eapeelally identified with Roosevelt's adminie<*ratl~i? and he wishes to retir.- with his chief. In his letter to President Roosevelt,* j after thanking the President for ap | pointing hint six years ago aad for reuominating him recently for a sec? ond term, he says: His Letter to Roosevelt. '< "Since assuming the duties of that positiCO I have striven diligently to justify the confidence imposed in me. Muring all these years, so far as I know, not a single charge baa been brcrght against my' moral character. Ie>r a single adverse criticism made in regard t the iierformance of niy of? ficial ,lu:ies. I wish further to add I that those employed in thi& ofllce under in-, composed of both races, have been at all times emit eons, kind and interested and we have all i worked fi-gether to make the ofllce , work sacccssfnl and satisfactory. I "Wh? ii I !>? came collector of the j por the annual receipts of the office were scarcely $2t).0fMi. I am glad ?0 i say that i .:??> have IhOWU a flatter in^ increase each year, the total 1 r the fiscal year r.ms le-inc almost $71.. imsi. and for the fttst eight months Of i the present fiscal year f.'c more than j *i>i).ihh>. I ?io not claim credit for I i his increase in business as much 'of it a uld have been brought ahont i through the natural growth of the ; |>ort. but cit" these facts to sh-'w i t'.iat I have strive* in every way pos? sible to increase the usefulness < f the I office and 'he iiosition which I hold. Always Treated Courteously, j "ftcfore doting. I fe<i that I sh ull j aid that during :.ll these years I have I been treated with kindness and com I tesy by all 'hose who had official business with the -fllcc. and have not h.;d rriileasrvnt con'act with any one . in the city. j in roatlwaioe). perssfi me to thank von again for the true*. tmposj-d. and, to wish von. as y a end vour official rar.-er a hearty Oo.i speed an.I Ions life " INAUGURAL PREPARATIONS ARt BEING RUSHf.0 Hcsts Already Have Begun to Arrive j ?Officers Will Look After Pickpockets. (T - < - ated Pi IS*. 1 i WA'-HP .. ? *?N. f? C MarcTi I - I The national capital is the mocca to i ?a;d which the Inaugural bot?a are n.aklnsr their idlg-tmage The ad vance guard <f the throngs which isaln anaallx visit Washington to witness the indttrtlon u.to fllce of a new President began today is ?er I _. I From every poin' of the compart ?ess every train and Mteaml* at entoriug Washington tOdiiy was burdened With humanity, several military, civic and. other < i can I/ati ti, being reiu-eaentid. I The anfval or each military organ t. f tation at the mil. u station waa *4g nallziM with a blare or trumpets, toot, lug of tltes and beating of drums. This crty has |Hit on holiday garbl and 'he streets are swarming with] Ukltora.; 'i Extraordinary precautions are being taken by the authorities to protect Inaugural visitors front |-*ck pockets and thieve:-. At every point tf arrival and at other ?Klares as array of keen eyed detectives have been placed on guard to keep ? sharp wa'chout for the unwelctnie visitors. The first casually Incident to the I inaugural preparations occurred afj the I'ensicn offce building- today | where (he Inaugural hall Is to he J held. While working on c.ne of the stands, K Melville Swan, a carpenter, fell a distance of 15 feet, striking his head on the statte floor below, receiving a fractured skull (r m which he dl'ti later. VIRGINIA STATUTE LEFT UNDISTURBED United States Supreme Court Says "No Jurisdiction" Over taw Con? tested by Corporation. WASHINGTON. D. C, March 1.-? The Supreme court of the United States today dismissed for want of jurisdiction the ease of the Western Union Telegraph Company vs. Bid Wilson, in which the company was penalized bv the corporation court of Radford. Vau to the extent of $100 for a delay of five hours la delivering s telegram sent from Graham. Ya., to Wilson, at Radford. . HEARST WINS. Oklahoma Judge Orders That Proper-1 ty af Agent So Restored. GwTHRIE. OKUL. March ?. Scott Mac Reynolds, of Brooklyn. N. T., representative of w. R. Kaarst, today won- in the sunrajjad opart vWlfry wer'Govefhdr c ifTHasl! in his suit to compel the governor | to return certain papers secured st thej instance of the governor. Judge Strong held that the writ of reared and seizinr issued under an alfldavit signed K Governor Haskell, alleged that MacKeynolds had hi his possession papers which he Intended to publish, thereby libeling the gov? ernor, was without sufficient fact to] justify the action of tlV -tfleers. The judge ordered that the papers J and other property of Mr. MacRey nol.ls be returned to him. "Lucky" Baldwin Dead. (By Associated Press ) LOS ANGELES. CAU. Msrch I.? E. J. ("Lucky") Baldwin, died at his home st Arcadia, on Baldwin's ranch today after an illness of several weeks. He was 81 years old. FATE HANGS IN BALANCE, ffct- bag agssaa n_l? ?j%9 sj1KN| HB II mm \ UftHcfl tPPtiirt Tikttii ?Ml RnHH rUuxflj. ALREADY USB IDE SENA1E If All Republicans Pledged to Support Measure Should be in Senate. Act Will Go Through?Absenteeism; May Defeat It. (By Assocla'ed Press.) WASHINGTON. I>. C. Match I.? I Relying n a (>? II jusi r.-rmplcted. an attein ? will be made i.rmorrow tol pa?? hroogh i he lfouae wphoit imr: ."mi-Hi the (laliirujCT ocean sub sidy bill already asreed to by t'cej Sena'-. j If all the Republican* *tw> have| promised to vote r r the bill are present, there will be a m-re hind ful of a majority In its fav: r. If ?he Ke|Mibllcan a' ??n ee, aggregate r.ian>. tlx- bill will be defealel | Tb- ...I! show- thai ihre?- RT"b 1 leans will increase in favor rf the bill taken a ye-*r ago by 2* or 19, but st the ..in. lime the ?|sponeo<* of the meaaoie will swell their hhihNt iirinripallv by a larger .i ? nd*n-->- "f I w m erat?. Against Race lnisi marriage, f?r Associated rYeaa.1 WASHINGTON. I? C. March 1 - Sena or ?1 ? n ?** Florida. tola> ad dnsjed the Senate i.i fav.-r of hi* bill prohibiting ?he Inf rmarHage r any whit* persra to a ?esrro H* <v?n?cnde.t that such alliance* are d?* morallfin? to society aaxl conirary m all 'he higher n ? I . ' * . ? i'V? THI WtATHM. Partly cloudy ?Ad sHgjhHy* :oldee Sunday; Monday fair; ight northwest to north wind*. PRICE TWO CENTS ONE PTNESS BARTERED; ANOTHER ENTANGLED tjl y^ttrday's SBS5tn <(!?? Md kffljr Trial. BEFEMSE GETS BLOW FR? FBIEW Inf Declares Carmack'a Pietoi Wat "Shiny, While Counsel for Accused Contend it Was Blue* Stool ?Witness Much Confused ? Kapert Passed from State to Defense. (By Associated Press.) NA8IIVIU.K. TB.NN.. March t ? The spectacle of counsel on one aide Bot only selling a witness to the op? position, but haggling over the terms -was one of the elevating; and extraor? dinary events today In the trial of Colonel D. B. Cooper and Robin Coop? er end John D. Sharps for tqe slay? ing ofepBrmer United Statea Senator Edward W. Carmack. The subject of commercial transac? tion was Dr. McPheters Glasgow, one of the most eminent surgeons of toe state, who had been employed by toe prosecution to go to Columbia and perform an autopsy on Senator Car mack's body. He did so and reported bla findings to the prosecution. He was sub? poenaed by the sate but was not used. A stickler for l tales. The defense learned of the autopsy and summoned the doctor. Dr. fJHas gow is a Tory, ethical man. He told counsel for the defense that bis ser? vices aa an expert had been retained by the at*t?. and that he would not discus* the cave except with the at morning to instruct the doctor to talk to Its counsel. The court complied partially by tell? ing the doctor that it would be proper for him to talk with the defendants' attorneys If he had any Information that would throw light on the killing. The state at once objected and the doctor stood firm. The state suggested that the defense swear the doctor and put him on the stand. Defense Exercises Caution. Tbe defense resented the suggestion, and declared It would put no witness on the stand without knowing to what he would testify. Then tbe states' counsel made this astounding proposition: That if the defense would pay the state the coats of the autopsy, includ? ing Dr. Glasgow's fee, the state would waive its rights. The defense finally "bought the goods in the bag" and Dr. Glasgow will 1? come their witness. The significance of Dr. Glasgow's testimony waa that any one of the three wounds was necessarily aad in? stantly fatal, and that if the senator did not Are the first shots he could not have fired at all. $ Witness Badly Canfueod. The only other sensational witness for the day waa S. J. Binning, who claimed to have seen Senator Car mark fingering his revolver and test? ing the cylinder a few moments before the shooting began. He was hsdly confused on cross examination, however, and contradict? ed himself on many important points. The defense sailed Dr. G. J. Edwards as the tint witness. . lie made ?n X-rav photosraph of Robin Conner's shoulder. The dor? ter was called upon to qualify as aa ' xpert by telling what an X-ray Is. Over Jury*a Head*. He did so In scientific terms to the ereat disgust of the j-irv which is not above the ordinary in intelligence He produced an X-ray photograph of Rob? in's shoulder, disclosing no bullet. On cross examination Dr. Edwards said he was of the belief, from the scar on Robin's shoulder that the bul? let never entered the body, but mere 1. pinughe.l through the flesh. Dr. McPheters Glasgow was then called by the defense. Describing the woend' on Senator Carmatk's body he said There was one wound ;wo inches below the Wt nipple and one inch t*> the inside Tbe hellet passed through the hesrt Four and one halt inches below the right nipple, and one letch ou'side wss a wound from which a out? let had been taken. *n inch from the left midian line of the ?eck waa another wound which waa black, the others were r'esa The ballet came out of the month, two teeth besag loos ? n<-d and held by the Hps only. . The stste reserved 'he right to cross ? ? tm'.ne William K Inn. v. a t raveling bsjssssbBB. the next witness heard the ? bot? Two came together an i were loud he said Th?a there waa aawln tcrval aad three shots came raedPy. H H. Wright, ? mfcae Identi.Sed the automatic r-tn that n cooper used. He said , ron tm ned ou Reenod Page )