The Montgomery advertiser. [volume], March 03, 1909, Image 1

About The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982

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VQLUV ) LXXX.
MONTGOMERY, ALABAMA, WEDNESDAY, MARCH 3, 1909-TWELVE PAGES
NUMBER 62
The Defense Rests
Its Case In Chief
Certain Rights Are Re
served, However,
SEW WITNESSES TESTIFY
IN THE COOPER TRIAL
Adjutant General Brown Tells of
Conference*
tte Prosecution Concentrated Ito Fire
Yesterday Upon the Part Judge
Bradford Played In Prepar
ing Famous Statement
For Press.
Nashville. Tenn., March 2—The de
fense rested Its case In chief today In
the trial of Colonel D. B. Cooper. Robin
J. Cooper, and John D. Sharp, for the
slaying of former United States Sena
tor E. W. Carmack -
That Is. It rested with reservations.
In making the announcement, Judge
Anderson, of the defense's counsel, spe
cifically stated that, should the State
cross-examine any of the defense's wit
nesses not heretofore put upon the
grill, the defense would reserve the
right to Introduce new witnesses on
any new Issues which might develop.
A moment later. Attorney General Mc
Carn, for the State, asked an adjourn
ment to 9 a. m.. Thursday, In order
that absent witnesses might be
brought on. He stated that he would
probably re-call some of the States
witnesses for cross-examination on
Thursday, but would re-call them be
fore he began his case In rebuttal. This
Is taken to mean that the defense then
will re-open Its case-ln-chlef.
The testimony today was very tech
nical. Dr. Glasgow was recalled to de
scribe agaJn the w'ounds on Senator
Carmack's body. Dr. Duncan Eve was
then called to say whether or not the
wounds described by Dr. Glasgow
would have been Instantly fatal. He
said they would.
Aljutant General Tully Brown, who
attended the conference In Judge Brad
ford's office an hour before the shoot
ing, described what took place there,
a* did Judge Bradford himself. Gen
eral Brown was not Cl oss-examlned,
but the State did not let Judge Brad
ford escape. The prosecution concen
trated Its nre upon the part he playea
In preparing the famous statement for
the press the night of the killing.
Judge Bradford said he was at the
police station that night. Baw W. J.
Ewing, editor of The American there
with a stenographer, and heard several
men giving Information. He decl ired.
however, that the only part he took In
the affair was to write out In long
hand all the facts In the case of which
he had a personal knowledge. This
memorandum he gave to Ewing for use
In the press. Eater he prepared a.
brief which contained the theory of
the counsel for the defense a* to how
the shooting occurred. He claimed he
always was friendly to Carmack and
denied that he was waiting at the tele
phone that afternoon for a message to
come, telling of Senator Carmack»
*
The crowd this morning wa« smaller
than It has been anv day since the case
began. The balcony was well tinea
but down stairs only a few seats were
occupied. The attorneys for the State
were In their seats early but counsel
lor the defense went Into conference
Just before court was opened and re
mained away until nearly 10 o’clock.
Upon their arrival In court they call
ed Dr. R. L. Thompson, a druggist who
has a store at Church street and
Eighth avenue, across the street from
the Tulane Hotel and The Tennesseean
offices. Thompson was In his store the
afternoon of the tragedy and heard of
It about live minutes after It happened.
"Did you see Senator Carmack be
fore the tragedy?"
"He came Into my store about ten
minutes before I heard he had been
killed.”
"'What did he do?"
"He bought a soft drink and a
cigar.”
"Then what?"
"He left the store and went east on
Church street towards Seventh.”
"That's all.”
"We may recall this witness for cross
examination but excuse him now," said
Attorney General Garner.
W. M. Setter Culled.
"Call W. M. Setter," said General
.Washington, of defense.
“I wish to ask If Mr. Setter has not
been In the court troom all the time."
"Part of the time," said the witness.
"You did not hear Dr. Carpenter
testify yesterday as to the noise made
by the discharge of a revolver?” said
Judge Anderson,
j "No, sir.”
The witness said he was assistant
superintendent of the city workhouse
and was an expert on firearms. He
bad carried a Colt's automatic since
ti.ey came out tnd declared that tne
bullets fired from one were not steel
Jacketed but were covered first with
copper over the lead and then with
some hard composition. He said he
could cut one of these bullets with a
knife and did so.
"That's all," said General Washlng
ington.
"You are an expert on fire arms and
know their mechanism?" Inquired Gen
eral Garner for the State.
"I am.”
"Can you tell whether the cylinder of
a Smith and Wesson .38 calibre revolv
er can be turned by the finger without
pulling the trigger?"
"Some can; some cannot."
"I hand you Senator Carmack's re
volver. Examine It and tell whether
or not the cylinder can be revo.ved
without pulling the trigger.
The witness experimented and said:
"It can be turned only by pulling
the trigger."
This flatly contradicts the testimony
of S. J. Henning yesterday who swore
he saw Senator Carmack testing hla
revolver a few minutes before the
tragedy by whirling the cylinders with
his finger.
Witness showed the jury how rapid
ly an automatic revolver can be fired
and explained that black powder
cartridges left a smoke. The defense
said:
“We concede that Senator Carmack’s
gun was loaded with black powder.”
“Do you concede that Colonel
Cooper's pistol was loaded with black
powder too?”
“Not yet. We may later.”
Wbnt Mm. Kant man Said.
The witness was excused and W. S.
Morgan was sworn. He was In his
room in the Polk apartments overlook
ing the scene of the tragedy the after
noort of the killing. His rooms, how
ever, were not on the Seventh Avenue
aide and he could not see the affair
Ifrom his windows. He heard the
footing and went to the front of the
/
building:. Hf reached the court to the
apartment and met Mri. Eaatman. She
was hysterical.
"Did Mr*. Eastman tell you what
Colonel Cooper said?"
"Yee air. She told me Colonel
Cooper aald—”
“We object,” came from Attorney
General McCarn.
“Did ahe say Colonel Cooper aald
That la like a dastardly coward, hid
ing behind a woman?'”
“Yea air.”
"Did she gay he said *Now we have
the drop on you?’ •’
"No air.”
"Did ahe aay he said 'Get out from
behind that woman’s skirt?’’’
"No air.”
On cross examination Morgan was
asked to repeat the conversation with
Mrs. Eastman.
"Mrs. Eastman was crying and
grabbed the lapels of my coat. She
aald that Senator Carmack Jumped in
front of her and that Colonel Cooper
then said ‘That la like a dastardly
coward, hiding behind a woman.’ ”
The witness admitted that Mrs. Eaat
man did not aay that Colonel Cooper
did not aay Te have the drop on you,’
or "Get out from behind that woman."
He said Mrs. Eaatman did not at
tempt to detail the entire tragedy but
gave him the Impression that Colonel
Cooper had shot Senator Carmack
without giving him a chance. Morgan
heard only three shots.
Judge Anderson, of defense asked
the court’s Indulgence for a brief con
ference with Dr. McPheeters Glasgow,
whose testimony was sold by the state
to the defense yesterday. It was
granted.
After tho conference Judge Anderson
said he wanted Dr. Glasgow to clear
up one point In his testimony.
Dr. Glasgow Recalled.
"That Is.” he went on. "the differ
ence between bullet wounds and those
made by the undertaker In embalming
Senator Carmack.”
As Judge Anderson started to ask
the questions. General Washington,
also of defense. Interrupted twice and
Judge Anderson said petulantly:
"Now. Mr. Washington I-..’• then
stopped and went op. He had Dr.
(Continued on page eight)
TWELVE ARE BURNED
IN AMINE DISASTER
Wllkesharre Pa., March 2.—Twelve
men were badly burned by an explo
sion of gas today In No. 54 colliery of
the Erie Coal Company at Port
Blanchard. Pa., near here. It Is fear
ed many of them will die from their
Injuries.
Fire followed the explosion and a
number of men were entombed back of
the tire but how many the officials of
the colliery were unable to state. A
large force of rescuers went to work.
A hose was run Into the mine and with
a full head of water the officials plan
ned to gain control of the Are In a
short time.
Shortly before noon two men were
taken out dead. There was consider
able excitement about the mouth of the
mine among the relatives of the en
tombed men and their grief was pit
iable.
The colliery employs *00 men when
at full capacity hut has been running
short handed of late.
SPERRY IS RELIEVED
REAR ADMIRAL SCHROEDER TO
COMMAND FLEET.
R««r Admiral Sprrrr Waa Tradrrrd the
Presidency of the Naval War
Collrse, lint Declined
the Position.
Washington, March 2.—Rear Admiral
Charles S. Sperry today made formal
application to be relieved from duty as
commander-in-chlef of the Atlantic
battleship fleet, and Rear Admiral Sea
ton Schroeder has been appointed in
his place.
Admiral Sperry was tendered the
presidency of the Naval War College,
but declined the position. Indicating his
preference for other (^pty.
Rear Admiral Richard Walnwrlght
will remain In command of the second
division of the fleet, Rear Admiral Wil
liam T. Potter Is transferred from
command of the Fourth Division to
command the Third Division, formerly
In charge of Rear Admiral Schroeder,
and Rear Admiral Edward B. Barry;
who has been supervisor of naval aux
iliaries at New York, has been ap
pointed commander of the Fourth Di
vision
Admiral Sperry will haul down his
flag as commander-ln-chlef on the 8th
instant, when Admiral Schroeder will
assume command The Impression Is
that the latter’s tenure will be but
temporary and that before the summer
Is over, he will turn over the command
to Admiral Walnwrlght. In addition to
hla other duties, the Admiral Is men
tioned In connection with an assign
ment to a waterways commission.
WISNER IN MEMPHIS
BOND FIXED AT $5,000
Memphis, Tenn., March 2.—-C. H.
Wlsner, senior member of the Arm of
Wisner & Company, cotton brokers,
of Memphis, New Orleans and Man
chester, Eng:., who was arrested yes
terday In New Orleans charged with
embezzlement on a complaint made by
B. C. Boyce, arrived here to-day. He
was given a preliminary hearing and
was released on $5,000 bond.
The specific charge against Wisner
Is that while president of the Lan
cashire Compress Company he sold
some of the machinery of the com
pany and appropriated a little less
than $3,000 to his own use.
Mr. Wisner declined to make a
statement today.
AUSTRIAN SOLDIERS
OVERCOME BY AVALANCHE
Innsbruck, Austria, March 2._A de
tachment of six officers and twenty
five men of the Austrian army was
overwhelmed by an avalanche near La
Frann todav.
Troops have been sent to the scone
of the disaster. All trains have been
stopped at Brenner Pass.
WHITE WOMAN ASSAULTED.
Cboken Into Insensibility By a V>rru
Man.
Atlanta, Oa„ March 2—This morning
about 6 o’clock, as Mrs. Valltc Morris
was returning to her home from *he
Southern Manufacturing Company, she
wub assaulted by a negro man and
choked Into Insensibility.
Mas-k Cheney, a negro, who filled the
description given by Mrs. Morris, was
carried before her for Identification
She said she believed he was the negro.
He will be held for further Investiga
tion.
THRONGS IN
WASHINGTON
Streets Are Lined With
Visitors*
—*/
BRILLIANT IU/iNATIONS
__ «?
Pre-Inaogaratiop / Parade on
Pcnnsyl’ /a Avenue.
* *
The Frnti 4* Many Buildings Have
Bern Gorgeously Decollated.
Presenting Rare Picture,
of Fairyland Beauty,
I
Washington, March 2.—With Inaug
uration day near at hand, the popu
lation of this city tonight Is from 75,000
to 100,000 greater than usual, and by
tomorrow night, this surplus probably
will have been doubled.
Of the 31,000 members of civic and
military organizations who will par
ticipate In the Inaugural parade, about
one-third have arrived within the
shadow of the Capitol dome. By to
morrow night fully nine-tenths of
them will be here. The West Point
cadets will reach the city tomorrow
afternoon and will be quartered on
special Pullman's In which they come,
whllu the Annapolis %ilddles" will
arrive on Thursday as will also the
boys from St. John's Academy, Annap
olis.
While predicting fair weather and
moderate temperature generally over
the eastern portion of the United States
for Thursday, the weather bureau to
night refused to make any special fore
cast for Inauguration day In the Dis
trict of Columbia. There Is every In
dication, however, that the weather
will remain mild.
Had the sun shone down tonight on
Pennsylvania Avenue, Its own bright
ness would have been dimmed by the
brilliant Illumination along the ave
nue. Long golden ropes of gorgeous
ly glittering electric lights, waving
American flags done In red, white and
blue lights, shields bearing In the
midst of light the beaming face of the
President-elect, and other similar de
vices, made the fronts of many build
ings pictures of fairyland beauty. In
one tall building the upper floors were
a mass of red lights, the middle floors
of white and the lower floors of blue.
A gentle breeze quietly fluttered the
flags which floated from thousands of
windows.
Military uniforms were thickly scat
tered among the thousands, who
marched In pre-lnaugural parade up
and down Pennsylvania Avenue, crowd
ing the broad sidewalks and overflow
ing Into the Btreet.
Accommodations for fully 50,000 peo
ple have been provided upon the stands
erected from a point Just above thd
White House along Pennsylvania Ave
nue to the Capitol. Every precaution
has been taken to make the stands se
cure and provide for the comfort of
those who occupy them. The manage
ment Is perturbed over the possible
contingency of women appearing with
"merry widow" hats, and while this
form of headgear has not been officially
tabooed, the "suggestion” has gone out
that women should wear small hats
or scarfs so as not to obstruct the view
of those behind them.
11 La I uric 1’iarri naraca.
For the convenience of the thous
ands of sightseers, the various places
of historic Interest In and about the
city have been marked by suitable
tablets.
Officials of the Weather Bureau to
day recalled the meteorological condi
tions at Washington on ' Inauguration
days since 1873, when President Grant
was Inducted Into office for the second
time, the day being clear, but unusu
ally cold. March 4, 1877, when Presi
dent Hayes was Inaugurated, was
moderately warm, the forenoon having
been partly cloudy.
Snow and rain fell during the fore
noon, but the afternoon was clear,
though cold, when President Garfield
was Inaugurated In 1881.
President Cleveland was Inaugurated
In 1885 on a warm and pleasant day.
A very dlsagreeahle day was Inaug
uration day In 1889, when President
Harrison took the oath of office, the
temperature Was moderate but a driz
zling rain prevailed all day.
Freezing weather confronted Mr.
Cleveland on hlg second Inauguration,
In 1893.
Clear and pleasant weather greeted
Mr. McKinley on his first Inaugura
tion In 1897, but upon his second In
auguration, In 1901, the day was cloudy
with some rain, although a moderate
temperature prevailed.
Generally bright and pleasant weath
er prevailed when President Itoosevelt
was inaugurated on March 4, 1905.
The first Inauguration visitor Injured
was Richard Cannon of Danville, 111.,
a nephew of Speaker Cannon, who
collapsed on Penneylvanla Avenue to
day, receiving a painful scalp wound.
He was treated at a local hospital and
was able later to leave the Institution.
During the day Governors Harmon
of Ohio, Hadley of Missouri, Fort of
New Jersey, Pennewell of Delaware,
and Carroll of Iowa, and Willson of
Kentucky arrived.
Mr. and Mrs. Willson are the guests
of Justice and Mrs. Harlan of the
Supreme Court of the United States.
Troop A of Cleveland, O.. which will
serve as Mr. Taft's personal escort In
the parade, arrived today. Governor
Deneen, of Illinois and Governor Noel
of Mississippi, also were among the
day’s arrivals.
“On To Washington."
New York, March 2—"On to Wash
ington" Is the cry of the New York
host of citizens and soldiers who are
preparing today to commence the
march to the National Capital to attend
the Inauguration of President-elect
Taft.
Governor Hughes, accompanied by
his wife and his military secretary, left
for Washington today, and early to
morrow the various political organiza
tions that will participate In the cere
monies of Inducting Mr. Taft Into ths
chief magistracy, will leave for Wash
lngton.
Members of the Republican County
Committee, 800 strong, have planned a
unique and Interesting escort of honor
to President Roosevelt, who, following
the Inauguration address of Mr. Taft,
will leave the city immediately. After
the address of Mr Taft, the former
President will take a carriage at the
foot of the Capitol steps and be driv
en to the head of Delaware Avenue,
where the New York organization will
be drawn up on both sides of the thor
oughfares. As soon as Mr. Roosevelt’s
carriage reaches Third Avenue, ths
men will form a hollow square a,rouna
the equipage and accompanied by a
band of fifty pieces, take up the march
to the railroad station. In the ranks
will march Senator-elect Root. Sena
tor Chauncey M. Depaw, Timothy
Woodruff. Chairman of the New York
f
WEATHER VO RECAST.
Wuklaitn. March 2.—For Alabama i
Pair WflaulMI rata Thursday, light
to aplMctr saath winds.
Republican StMe Committee, and oth
er! widely known In political circle*.
The New York Republican County
Committee, under command of Con
gressman Herbert Paraona, will leave
for Washington on two tralna early
tomorrow. Nearly 400 members of th*
Republican club will also start at the
same time for the National Capital
Other organizations that will make
their way to Washington tomorrow are
the “Roosevelt Neighbors'- from Oys
ter Bay; the “Sherman Scouts" from
Utica, together with many other po
litical bodies from various sections of
the Empire State. Marchers from th*
two locaj parading Republican clubs
will wear the regulation high hat and
frock coat and carry a allk American
flag.
New York City has planned to send
only one regiment to the Inauguration
—the 7th—which will act as an escort
to Oovernor Hughes.
VALET RUNS AMUCK
SHOT DOWN BY MINISTER OF GOS
m.
ieorge Marcotte Wae Craned With
Drink and Ran Hla Employee
and Other Inmate* Oat
of the Haase.
Temple. N. H.. March 1.—While
erased with drink. Osorge L. Marcotte.
a valet In the employ of Brlgadler
(leneral James Miller, U. S. A., (re
tired). ran amuck today, and after
shooting at several villagers, was shot
and killed by Rev. Harvey Eastman,
pastor of the local Congregational
Church. . _ ,
The tragedy occurred at General
Miller's residence, on* and one-half
miles from Temple. Marcotte had been
drinking freely for some time. This
afternoon he seized one of General Mil
ler's pistols, discharged It at random
and drove the General and his house
keeper from the house. General Mil
ler telephoned to Temple for assist
ance, and In response eight armed
men hastened to Miller's home. They
surrounded the house, hoping to Induce
Marcotte to surrender, but the valet
refused to do so anl maintained hla
threatening attitude. ... .
Finally Marcotte left the house by
the back door. Rev. Eastman and
Davidson, were nearer to Macott
than the others and endeavored to
persuade the Insane man to lay down
his pistol. A shot was the Invariable
replyl At a last resort. Davidson, who
was armed with a revolver, fired at
Marcotte, but mlsaed him. The valet
continued to shoot, but his aim was so
wild that he did not hit any one. Finally
ltev. Eastman pointed a ahot gun at
the valet and demanded that he sur
render. To save hla life, the minister
discharged the gun, the content*
striking Marcotte In the forehead and
killing him. The authorities took no
action except to hold a formal ln
41 Rev Eastman Is about 25 years old
and has been stationed In Temple two
years. .
MAYARREST CASTRO
SUCH POSSIBILITY FACES HIS RE
TURN TO VENEZUELA.
He Has Been I.dieted I* Federal
Court on Charge of Conspiracy
to Assassinate President
Gomes.
Caracas, Venezuela, Monday, March
1 via Wiilematad, Curacao. March 2.—
Should Clprlano Castro, former presi
dent of this republic, attempt to re
turn to the country, he will face the
possibility of arrest by the govern
ment the moment he disembarks be
cause he has been Indicted In the
Federal court on the charge of hav
ing conspired to efTect the assassina
tion of Juan Vicente Gomez, the pres
ent President.
In consequence of this contingency,
the report that Castro purposes to em
bark at Bordeaux March 28 for La
Oualra has been received here with
much Interest. It Is feared that Cas
tro's presence In Venezuela would re
sult In dangerous demonstrations
demonstrations against him. It Is
thought Castro may go drat to Nica
ragua because of his strong friendship
with President Zelaya, of that repub
lic. The government Is much Inter
ested In the former President's move
ment and an effort will be made to
keep track of him by cable.
Castro's entire fortune Is In Ven
ezuela. and It will be lost to him un
lesB he returns It Is generally be
lieved here that he will now devote his
energies to protecting his Interests.
BOY KILLS FATHER
A. M. EARNEST WAS WHIPPING
HIS SON.
Jonesboro Youth Draws Revolver and
Shoots Pour Times, Death Bring
Instantaneous— Young Man
Arrested.
Birmingham, March 2—(Special.) —
While A. M. Earnest, of Jonesboro, one
of the host known men In the county,
was whipping his son Ernest, this af
ternoon, the latter drew a revolver and
tired four times at his father.
Three bullets took effect, death be
ing Instantaneous.
Young Earnest was tracked with
bloodhounds for five miles and was
captured In the homo of J. AI. Robin
son He was taken to Birmingham and
placed In the Jefferson County Jail.
CONTINl'ES LOCAL OPTION.
Indiana Senate Hills Enacting Clause
In House BUI.
Indianapolis, Ind., March 2—The Sen
ate of the Stgte Legislature late to
day. decided to continue local option
In Indiana for the next two years by
killing, by a vote of 28 to 23. the en
acting clause of a House bill to repeal
the County option law which was
passed by a special session of the Leg
islature last September. The action
oamo at the close of a day of filibus
tering and the contest was one of the
moat bitter In the history of Indiana
legislation.
County option ropeol was a Demo
cratic platform proposition In tiie last
campaign, but since the election so
many counties havs voted dry under
the new law that public sentiment had
Influential effect on a number of Dem
ocratic legislators who drew them
selves out of line with their party
when it came to the point of trying to
repeal the law at the present session
of the Genera! Assembly
♦ ♦
4 NEOnOES WED WHITE GIRL*. 4
4 Ithaca, Mich., March 2.—Bert 4i
4 and Leonard Nicholson, brothers, 4 i
4 and both negroes, were married 4
4 here today to white girls. Rose 4
4 Saunders, daughter of a promi- 4
4 nent Emerson farmer, became the 4
4 wife of Bert, and Carrie Cole, of 4
4 Temple, was wedded to Leonard 4
4 Justice Meyers performed the cer- 4
4 emony. 4
♦ . __♦
ROOSEVELT
MADE ERROR
Senate Receives Report
on Merger*
MAY PROSECUTE MAGNATES
Views Held by Senators Widely
Different.
Criticism of PniUnt U Held to Be
I'awlie la View of the Im
peachment Prerogative
of Botr.
Washington, March 2.—The Culber
son resolution directing the Commit
tee on Judiciary to report to the .Sen
ate whether in Its opinion the Pres
ident was authorized to permit the ab
sorption of the Tennessee Coal and
Iron Company by the United States
Steel Corporation, was reported to the
Senate today by Senator Clark, chair
man of the committee.
As agreed yesterday by the Commit
tee Its report was without recommen
dation. In presenting It Mr. Clark
made the simple statement that the
committee had been unable to agree
upon any particular report or answer.
He added that members of the com
mittee would Individually submit their
views to the Senate.
Seven members of the Senate Com
mittee on Judiciary signed the report
declaring that President Koosevelt,
without any authority of law, sanc
tioned the absorption of the Tennessee
Coal apd Iron Company by the United
State* Bteel Corporation and that the
merger was In violation of the Sher
man anti-trust law. Two of the ma
jority of the committee, however, at
tached views which minimizes the ef
fect of the declaration.
Chairman Clark today reported the
disagreement In the committee and
soon afterward Senator Culberson pre
sented the views of seven members of
the committee. There were signed by
Senators Nelson, Klttredge and Fora
ker (Republicans) and Culberson, Ba
con, llayner and Overman (Democrats.)
The additional views were given by
Senators Nelson and Bacon.
In the opinion of Mr. Nelson the
President may have been misled by
the officials of the United States Steel
Corporation, Messrs. Frick and Gary,
who urged upon him the necessity of
permitting the steel corporation to buy
the Tennessee concern In order to save
a business Institution of New York
City during the panicky days of Octo
ber and November, 1907.
Mr. Bacon expressed doubt whether
the Senate should pronounce finally
upon tha question whether the Presi
dent committed a wrongful act for the
reason that the Senate Is Judge In Im
peachment proceedings. He takes the
position that the merger waa Illegal,
but that the Senate should not take
any action to prejudice any proceed
ings that might hereafter be brought
before It.
Senators Culberson and Klttredge
take the position that a majority of
the committee hus reported that the
merger was Illegal and that the De
partment of Justice should proceed
against the United States Steel Cor
poration to dissolve It.
From the report signed and submit
ted today. It appears that had It not
been for the Illness of Senator Bacon
and his absence from the committee
of yesterday, the report declaring the
President acted without authority of
law, would have been adopted as the
opinion of the committee.
Senator Foraker declared that he
did not think It necessary for the com
mittee to consider whether the trans
action was a violation of the anti-trust
law. He said that the reply of the
committee should be confined to the
one question as to whether the Presi
dent was authorized to permit the mer
ger, and that this should be answered
In the negative. In view of the fact
that representatives of the Steel Cor
poration called upon the President and
asked hla advice concerning the trans
action, and that the question also was
submitted to Attorney-General Bona
parte, Senator Foraker took the posi
tion that the Steel Corporation should
not be condemned for its action.
This disagreement on the resolution
was placed on the calendar and will
expire with the close of the present
session.
WAS NOT ASSAULTED.
Mrs. C. M. Johnston Win the Vletlm
of fin Hallucination.
Ottumwa, Iowa, March 2.—Mm. C. M.
Johnston admitted today that she was
not assaulted by a negro on Feb. 21,
according to Detective 1). B. Way, who
was retained by the American Commer
cial Travelers' Association to hunt
down the assailant.
He says that Mrs. Johnston admitted
she was the victim of an hallucination.
She had recently been operated upon
and drugs administered brought on
hysteria. After the Clara Rosen mur
der, she labored under the impression
that she was about to be a victim of
attack by a negro. The search for the
negro has been dropped. Several ar
rests of suspects were made following
the supposed assault, and several times
a lynching seem imminent.
KILLS IIIN Bit OTHER.
Had Feeling Result* In Murder In Vir
ginia.
Norfolk, Va., March 2.—Robert
Amory, a prominent citizen of York
County, was shot and fatally wounded
today by his brother, LeRoy Amory.
The injured man died tonight.
Bad feeling existed between the two
men for some time and this morning
Robert Amory visited his brotherV
home. They quarreled and LeRoy
Amory shot him with a double-barrel
ed shot gun. LeRoy Amory surren
dered to the sheriff.
DECLINKS APPOINTMENT.
O’Langhlln to Associate Himself With.
Chicago Tribune.
Washington, March 2.-—The follow
ing statement was made at the White
House today:
Some ^lays ago the President proffer
ed the appointment as Minister to the
Argentine Republic to the Assistant
Secretary of State, John Callan
O'Laughlln Mr O'Luughlin has in
formed the President that he is re
gretfully compelled to decline the ap
pointment, having arranged to asso
ciate himself with The Chicago Trib
une .
CAt OHT WITH GOODM
Would-Be Thief Then Cut Ills Own
Throat.
London. March 2.-—A man giving the
name of D. R. Pullman, Chicago, en
gaged rooms at the Savoy Hotel yes
terday at noon.
He had valuable Jewelry sent to the
hotel the earne afternoon. He attemjrt
Will Try to Impeach
Sheriff Cazalas
©d to leave the hotel with the Jewelry
but was caught In one of the corri
dors. whereupon he committed suicide
by cutting his throat with a razor.
SHERIFF SHIPP'S CASE.
Argument Begun In Supreme Court of
Culled States.
Washington, March 2.—Argument
was begun today In the Supreme Court
of the United States In the case of the
government against Joseph I*. Shipp,
of Chattanooga, Tenn
Shipp and his co-defendants wore
prosecuted by the government on the
charge of showing contempt for the
Supreme Court by permitting, or par
ticipating In the lynching of a negro
prisoner who was held on a charge of
rape, after the Supreme Court had ta
ken cognizance of hln cane Shipp was
sheriff of the county In which the
lynching occurred, and It was charged
that he had not used due diligence In
preventing the lynching.
The case was opened for the govern
ment by Solicitor General Hoyt and
James J. Lynch and G. W. Chamlee
spoke In behalf of the defendant. The
hearing was continued until tomor
row.
KNOX’S RESIGNATfOX.
He Will Leave the Senate on March
Fourth.
Harrisburg, Pa.. March 2—The resig
nation of United States Senator Phil
ander C. Knox, as Senator from Penn
sylvania, was received this evening by
Governor Stuart. It takes effect
March 4.
On March 16. the Legislature will
elect George T. Oliver, of Pittsburg, as
successor to Mr. Knox.
Confederate Veta Dep»art.
Augusta, Ga., March 2.—Camp 435,
United Confederate Veterans, the first
organization of Confederate Veterans
ever formed, left here tonight for the
Inauguration. They number forty-five.
Several of the younger citizens are
traveling with them, to contribute to
their comfort.
Richmond Hussars, the oldest mili
tary organization in the South, left
here tonight, slxty-one strong, on a
special train for the Inauguration.
THEODORE PRICE
HELD TO ANSWER
New York, March 2—Theodore H.
Price, who was Indicted by the Feder
al grand Jury In Washington. D. C.,
with Moeee Haas, Frederick A. Peck
ham and Edwin Holman. Jr., on
charge, of conspiracy to defraud the
government by obtaining advance In
formation from the cotton crop report
of 1905. wae today held by Unite*!
Statea Commissioner Shields to await
the Issuance of a warrant for his re
moval to Washington for trial.
To prevent Price's removal, his coun
sel immediately obtained writs of ha
beas corpus add csrtlorarl from Judge
Ward and argument on them was sat
for this afternoon.
In accordance with the writ of ha
has corpus. Marshal Henksl surrender
ed Price to the custody of the court,
but as he failed to Me the necessary
technical return on the District Attor
ney's motion In opposition to the pro
ceedings, the argument was postponed
until Thursday. Until this matter Is
decided. Price will be In custody of
his counsel.
ROOSEVELT IS BUSY
A FAREWELL CABINET MEETING
IS HELD.
The President Receives the Diplomatic*
Corps and Has Dinner With
Secretary and Mrs. Straus.
Washington, March 2.—The last reg
ular meeting of President Roosevelt's
Cabinet was held to-day. There was
little business, the time being spent
in farewells and reminiscences.
The President expressed regret at
parting with the body and extended
his best wishes.
The Cabinet officers will follow the
customary course of turning in their
resignations, which will be acted up
on by the Incoming President as soon
as his Cabinet has been confirmed by
the Senate
The President had a very busy day.
He received hundreds of personal
friends and well wishers. At 2:30
o’clock he received the new minister
from Haiti, H. Paulou.s Sannon. who
presented his credentials.
Directly after tills the President
shook hands with several hundred
members of the original Roosevelt
Club of St. Paul, headed by Hugh T.
Talbert.
Later he bade farewell to the mem
bers of the diplomatic corps and
their ladies. The reception was re
quested by the members of the corps*.
This evening at 8 o’clock the Presi
dent and Mrs. Roosevelt dined with
Secretary and Mrs. Straus.
TAFT IS FULSOME
IN PRAISING ROOSEVELT J
New York. March 2.—President-elect
William H Taft, according to The
American, gave that paper a statement
containing the following aprpeclatlon
of Theodore Roosevelt:
"It Is difficult for one with the depth
of affection that I feel for Theodore
Roosevelt to give a Judicial estimate of
the man. but I verily believe that when
the historian twenty-five or fifty years j
hence shall describe his administration
and the Influence that he has exerted I
as the chief magistrate of the coun
try he will accord to him a place with
Washington and Lincoln, and that we
will treat him. as we are prone now
to regard Washington and Lincoln,
and providentially raised up to moet
an exigency In the country's history
that was only less Importary than the
revolution and the civil war."
BOOKER T. WASHINGTON
ON LIBERIAN COMMISSION
Washington, March 2.—Anticipating
favorable action by Congress on one
of the supply bills to pay the expenses
of the proposed commission to Liberia,
to invesitgate and report on c onditions
there, the following named persons
have been usked to act:
Robert C Ogden, Jacob li Hollan
der and Booker T. Washington.
It Is understood that they will serve.
In event Congress provides the money
for the commission, they will be sent
to some Mediterranean port on a regu
lar line vessel and thence to Monro
via on a warship.
Evann Sentence Reduced.
Washington, March 2.—Upon the rec
ommendation of Secretary Newberry,
the President today reduced the sen
tence of Lieutenant Frank T. Evans,
son of Rear Admiral Robley D. Evans,
to a loss of fifty numbers and a rep
rimand. Lieutenant Evans was court
martialed for offenses while the At
lantic tleet wm lu Philippine waters
Proceedings Are to Be
Instituted*
GOVERNOR ORDERS ATTORNEY
GENERAL GARBER TO ACT
Papers Will Be Filed Before Su
preme Court.
The rrorf«dl»fi Artec from the Lyaefc
*“« «f Hlchard Roberteoa, a
Mobile Nefrs Murderer, Hhea
BO HeaUtaeee Uaa
Offered.
Impeachment proceeding* are to ba
Instituted at once against Sheriff
Frank Cazalas of Mobile County, for
permitting the lynching of the negro,
Richard Robertson, who some weeks
ago killed Deputy Sheriff Fateh. Be
fore leaving for Washington to attend
the Inaugural ceremonies of Mr. Taft,
Oovernor Comer directed a letter to
the Attorney General of the State, la
which that official was directed to In
stitute Impeachment proceedings, as
provided by law.
Attorney General Garber will there
fore file papers In the matter before
the Supreme Court, a* expeditiously as
possible, although It Is most probable
that the Supreme Court will Issue no
formal order In the matter, notifying
Sheriff Cazalas of the pending proceed
ings until April 6.
Governor's Letter,
The letter of Governor Comer fol
lows:
"Montgomery, March 1, 1*09.
"Hon. Alex M. Garber, Attorney Gen
eral, State of Alabama. Montgom
ery, Ala.:
"Dear 8lr—In the early morning ot
January 21. 1*09, Richard RoberUon.
a prisoner, was taken from the Mobile
County Jail by unauthorized persons
and was shot and hanged within a very
short distance of the Jail. It appears
from the report of the grand Jury of
Mobile County, empaneled on February
1. 190», that 'rumors were commonly
current on the streets for hours .be
fore' the taking of the prisoner from
the Jail, that such action would be
taken. I am Informed. I believe reli
ably, that knowledge of these rumors
was given to the Sheriff of Mobile
county by a reputable citizen of Mo
bile, many hours before the sadd apt*—
Into the Jail: that the prison*/!*^ jE
custody for the unprovoked ratlv*•■**
a popular and highly esteemed ffkpiny
sheriff; that within the last three years
there have been two lynching In Mp
bile County: but that deaplte all the
facts, the Sheriff left the Jail and w^
to his. home, four miles distant
from, Vl took no precautions to pre
vent the*entry of the danger of which
ho had notice, and which entry was
actually thereafter made.
”1 am further Informed that the dep
uties on guard In the guard room of
the Jail suffered the entry to be made
without resistance, but that the Sher
iff has retained these men In his em
ploy. And the grand Jury reported
that the sheriff's forces have not ‘or
dered or undertaken any attempt wor
thy of the name, to apprehend the mur
derers of Richard Robertson, or to give
to this grand Jury any Information to
aid It In Its endeavor to- ascertain the
offenders."
"I have been requested by a number
of reputable citizens of Mobile to In- .
slltute Impeachment proceedings
against the Sheriff of Mobile County
to remove him from office because of
his conduct In the premises. I think
that ao serious a matter should not
be passed over without action, and af
ter conference with yoy, I consider such
proceedings should be Instituted;' and
I now, as Governor of the State of
Alabama, hereby direct you as Attor
ney General, to commence Impeach
ment proceedings agglnst Frank Caz
alas, Sr., the Sheriff of Mobile County,
and prosecute the same as provided by
law In such case*!
"Yours very truly,
"B. B. Comer,
"Governor.”
The Impeachment proceedings against
Sheriff Cazalas are to be Instituted
under Section 138 of the Constitution
of the State of Alabama, which pro
vides, "Whenever any prisoner Is taken
from Jail, or from the custody of any
Sheriff or his deputy, and put to death
—owing to -the neglect, connivance,
cowardice or other grave fault of the
Sheriff, such Sheriff may be Impeach
ed. • • •“
In a former case In which Impeach
ment proceedings were brought against
a Sheriff of Madison County, It was
found that while the constitution had
provided means for such Impeachment,
there had been no formal procedure
provided by the Legislature to carry
out the provisions of the Constitution.
The Supreme Court of the State, there
fore. did not consider the Impeach
ment .
In the case at present about to be
Instituted against the Sheriff of Mobile
County, provision has been made Ir
th« code for the form the Impeachment
proceedings shall take. Section 7125 ol
the Criminal Section provides that It
shall be the duty of the Attorney Gen
eral to Institute proceedings and pros
ecute the same agalnet any officer,
when the Supremo Co*rt shall so o»
iler or when the Governor shall In
writing, direct the same. It Is further
provided that under proceedings so In
stituted. the Supreme Court In term
time, or a justice thereof. In vacation,
shall make an order requiring the of
ficer proceeded agalnet to appear at a
place, and on a day. which) may be
either In term time or vacation, and
answer the Information; the summoni
shall "be served twenty days before the
day specified In the order.
Uuvrrnor l»tert«fd.
Since the lynching of the negro Rob
ertson by party or parties unknown in
Mobile within half a block of the
county Jail. Governor Comer has been
In close touch with Solicitor Stallworth
of Mobile County, and has stated pub
licly that he was very much Interested
In bringing the guilty parties to lus
tier. _ .
To this end he ottered a large re
ward for the arrest and conviction of
the members of the mob who took the
negro from the Jail After a few
weeks however. Governor Comer de
rided to Institute Impeachment proced
ings against Sheriff Cazalas, and to
this end directed Solicitor Stallworth
to closely question the Sheriff, his Jail
ers and deputies
A report of this conference was for
warded to Governor Comer by Solic
itor Stallworth. and last Saturday
morning a delegation of Mobile cltt
sens. headed by Solicitor Stallworth,
came to Montgomery, where a long
A