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The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, May 06, 1915, Image 1

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_THE BIRMINGHAM AGE-HERALD
VOLUME XXXXIV BIRMINGHAM, ALABAMA, THURSDAY, MAY (>, 1915 10 PAGES NUMBER 365
f [united states seeking to mediate
J |_BETWEEN CHINA AND JAPAN, REPORT
I —- -V '
SAIL CONSIDERING
CHINESE SITUATION;
t NIEDIATjONOFFERED
J No Official Announcement
Forthcoming From Tokio
Concerning Progress of
the Negotiations
rTHE UNITER) STATES
SEEKS TO ASSIST IN
| MAINTAINING PEACE
American Attitude Causes
Protracted Cabinet Delib
eration, Says Tokio Dis
patch—Japanese Active
4
Vnkto, May .V-—(D:.‘lO p. m.)— Deli her
B
• lion* over the siluntion between «i««—
par. nnd China continue, ^he Kmperor
Srawlll preside tomorrow nt a cabinet
Mcounell.
» No official aiiuouiieenient was forth
v* eoniing today enicerniug the situation.
A big fleet of warships is taking on
jgauppliea at Sasebo. Japanese, in the
^province of Shautung are concentrating at
Tsingtau, and those in Manchuria are
p'i- preparing to take refuge in the railway
gU aone.
',/J The Kokumin today says It learns from
an authoritative source that th<j United
T States is endeavoring to mediate between
Japan and China, and that this is one
reason why the cabinet deliberations have
been protracted.
U. S. IS NOT ADVISED OF
ISSUANCE OFJA PA NESE
ULTIMATUM TO CHINA
Believed Latest Communication Does
Not Necessarily Mark Conclusion
of Negotiations Between the Two
Countries
Tokio, May 6.— (9:45 a. m.)—The Official Gazette today publishes an im
perial ordinance sanctioning the application of martial law and the military
requisition law on the Kwang-Tung peninsula and the South Manchuria
railroad.
Washington, May 5.—Secretary Bryan said today that the United States had
not been advised of the issuance of any,Japanese ultimatum to China.
As the state department here Is well informed on the progress of the im
portant negotiations in Peking, this led observers here to the conclusion that
in all likelihood the latest Japanese note does not necessarily mark the con
clusion of the negotiations.
In Japanese circles it is believed tiiat
this note will secure the compliance
of China with the principal demands of
| Japan, (hough it is by no means cer
tain that there is not still left some
■ ground for compromise which would
I involve Japanese concessions in mat
| ters of detail, providing China rec
ognizes the underlying principles of the
Japanese demands, in these same quar
ters, however, it is pointed out that it
would b# too much to expect the Chi
nes© negotiators to make a complete
surrender without an attempt by Pres
ident Yuan Shi Kai and his party lead
ers to elicit an expression of opinion
from the great powers interested in
China and to secure moral support from
them.
Jt was suggested that this idea it iget"1
find expression in an indentical note
from President Yuan to Great Britain,
the United States, France and exsgn
Germany, asserting that the Japanese
are seeking to destroy the integrity of
China and to invade the treaty rights
of these nations. If the replies are un
responsive and do not promise mate
rial aid in resisting the Japanese pro
gr a in me, It is suggested that President
i uan may communicate too result of
ni •• efforts to the various viceroys of
the great Chinese provinces and declare
that he finds it necessary to submit
without the display of force
The state department up to late to
day had received no advices concern'
ing the internal situation in China and
whether any uneasiness was being f*>lt
In legation quarters. At Peking are 250
American marines commander by Uieltt.
Col. Dion Williams, guarding the
American legation. At Tien Tain a:c
the headquarters of the first and third
battalions and machine gun platoon of
the Fifteenth United States infantry.
Peking Quiet
Peking, May 6.—The Chinese capital is
remarkably quiet in the face of what the
Peking Gazette calls “the gravest peril
in China's modern history.’ Mc%tf of the
people of the city are going abfcvit their
business ^ps usual apparently with no
knowledge of the problem which con
fronts their country. They might easily
be aroused, but the government has taken
every precaution to prevent anti-Japanese
■demonstrations.
Only the educated classes are kept lb
formed of the progress of negotiations
with Japan. Among them the feeling is
I intense, but 'Mlere have been no dem
onstrations. althou$fc.reports have been
received from southern^ -hat several
ft outfnued on Page ^IC")
May Take Action
Peking, May 5.—There is a substantial
opinion in Peking that Japan may take
. action in regard to the non-acceptance of
' her demands by China without waiting
upon the Issuance of an ultimatum.
The third secretary of the Japanese
legation today visited Tsao Tulin, the
•vice minister of foreign affairs, and in
to# timated that the legation might still be
able to prevent hostilities. He asked
whether China’s reply of May 1 to the
Jbpanu**, demands Vaft final. Tsao Tulin
said that he had no instructions beyond
* that reply, but after the visit of the
ji Japanese secretary, Tsao Tulin repaired
to the winter palace, where he saw Pres
ident Yuan Shi Kai. Thence he went
to the Japanese legation.
Reports from Tsinan, province of Shan
t. tung, say Japanese troops have mounted
^ nine cannon In the suburbs of that city.
The Chinese troops, obeying a general
j order from Peking, did not interfere.
Tsinan lies about 230 miles south of
Peking. It is the junction of the rall
way leading from the Shantung peninsula
Ml " to Tslentsin and Peking.
r | Report Ultimatum Sent
f London, May 5.— (3:16 p. m.l—"A Japan
ese ultimatum to China,*’ cables the To
kio correspondent of the Central News,’*
"grants a delay of 48 hours.*’
Neither the Japanese embassy nor the
mese legation has received any infor
mation of the dispatch of an ultimatum
to China.
The Japanese embassy received, today a
cable message from Tokio giving the re
ply of China to the Japanese demands.
At the embassy it was said that China’s
reply was considered ‘ decidedly uncon
cillatory."
STUDENT CENSORSHIP
IS HELD INVALID
University, ‘May 6.—(Special.) Any form
I of censorship of university news is con
trary to the constitution of the student
government, according to J. Lister Hill of
* Montgomery, president, and hence the
recent action of the student, body in
appointing a committee to object to news
unsatisfactory to them as a body now
becomes ineffective, says Mr, Hill.
The matter of a censorship of mil
* \ versity news, while considered merely a
* j local matter by correstyndents here, has
S been the occasion of severe criticism from
newspapers over the state, who disap
proved of the action of the student body.
VVhile the original motion of the execu
tive committee of the student govern
ment requiring all correspondents to reg
ister with a board of 'censorship and have
their “copy" read by this board before
being sent out, was overwhelmingly de
feated by the vote of the students. The
second motion to appoint a committee td
protest to the editors of the newspapers
is now also rendered ineffective. The lat
ter motion was not personally objectlon
■ able to correspondents as individual stu
» dents have this privilege at any time.
lEYEWITNESS TELLS
! OF LATE FIGHTING
| IN YPRES REGION
Germans Still Use Asphyxi
ating Gases, But With
Less Success Than on
First Occasion
London, liny r*.—f 1 i p. m.)—1The
British nfflcifll “eyewltnrm” In a long
account of the engagement of the last
few days In the Yprea region records
that the Germans have ronHnned the
use of asphyxiating gases, but with
lesiu success than on the drat oceaalon.
Despite the use of gas by the Germans,
the narrative says, the French have
made continual advances east of the
Ypres canal, south of Pilkem, the result
of which was lo remove the wedge oc
cupied by the Germans in the French line,
j between the canal and the Ypres-Lange
; marck road, a gain of more than 1000
yards. During these advances many Ger
man prisoners were taken.
While the French continued their ad
vance in this section, it is asserted that
the Germans attacked the British south
of Neuve Chapelle and at ffill 00, in both
cases using gases. In the latter attacks,
however, owing to a change In the wind,
the fumes were blown back toward the
Germans, who are believed to have suf
fered, ns no attempt to advance was made
by them. Similar tactics are said to have
been adopted by lhe Germans in their at
tack north of Ypres last Sunday.
“About 5 o'clock in the evening,” the
“eyewitness" says, “a dense cloud of
suffocating .vapors were launched from
their trenches along the whole front held
by the French right and by our left from
the Ypres-Langemarck road to a consid
erable distance east of St. Jullen. The
fumes did not carry much beyond our
front trenches, but these were to a great
extent rendered untenable and a retire
ment was ordered.
“No sooner had this started, than the
(Continued on Pace Ten-)
FIGHT TO 1 THE
MOFILLMCY
Issues Proclamation Naming
June 7 as Illiteracy Day
and Urges State to
Help Cause
Montgomery, May 5.—(Special.)
With the end in view of banishing illit
eracy in the several communities of
the state, Governor Henderson today
Issued a proclamation designating
Monday, June 7, as illiteracy day, and
calling upon every literate white ninn,
woman and youth in the commonwealth
to consecrate himself to "this stu
pendous, though surmountable, task.”
Thej governor’s proclamation was is
sued in connection with a stat. ment
by the Alabama illiteracy commission
setting forth the conditions In the
state and outlining the plan of that
body for the removal of illiteracy from
the state. The commission's statement
was prepared at a meeting in Birming
ham yesterday.
'Believing that there are thousan'-ls
of loyal sons and daughters of Ala
bama who are bigger In their sympa
thies and In their ideals of service
than any monetary consideration, we
invite euch to Join in a concerted
state-wide crusade for the elimination
of illiteracy,” said the commission in
an Introduction to Its statement.
Spirit of Consecration
"The chief qualification for the work
will be a spirit of consecration, of ap
plication, of patience and of determin
ation and those who succeed may ho
teachers of the world, for as yet but
little Is known or attempted in this
broad field.”
The'statement of the commission was
signed by all the members, who weie
iecently appointed by Governor Hen
derson. These members are: William
D. Jelks, chairman; William F. Fea
gln, superintendent of education; James
B. Ellis, Miss Mary N. Moore and Mrs.
W. K. Llnscott.
The statement of the commission
contains figures setting forth the ac
tual conditions In Alabama. The com
plete number Af Illiterates 10 years
of age and over Is given by county,
together with the number of Illiterate
males of voting age and the number
of Illiterate children from 10 to 2d
years of age.
Following is the governor's procla
mation;
Governor’ll Proclamation
Whereas, the people of Alabama look
with pride upon her remarkable record of
progress and are moved with a passion
ate desire to further promote her Indus
trial, Intellectual and moral elTIcienoy;
snd.
Whereas, the realization of tills patri
otic ambition calls for the promotion of
literacy and the elimination of illiteracy;
and.
Whereas, the intelligent effort In this
direction requires: First, a knowledge of
conditions; second, the organisation of the
forces who ar» to perform the work;
third, the unltr snd persistent efforte of
the workers;
Thereofcr, I, Henderson, gover
nor of Alabama, In response to the wide
spread sentiment among our people, ns ex
pressed by the legislature of Alabama,
the Alabama Illiteracy commission and the
Alabama Educational association, do '
PAGE INVESTIGATES
GULFLIGHT SINKING
Preliminary Reports Saying Vessel Was Sunk Without Warn
ing Leave Officials in Doubt as to Nationality of
Submarine Jflaieh Sunk Her
WwWiftM, May IW—prrUmlaary h.
aorta to the state df»«rtaeet tolar
aaytha the Aiaerleaa eteaaaer GalfUaht
woe teraeteed without waraiu* while
Opto* the Amerteau (las left offlelHle
ahtol to toaaht ealy aa to the aatloaal
>tV al ^he eohaaarlae which committed
In the meantime Ambassador Gerard has
asked the German government for such
information as it may have on the sub
ject
The facts probably will not be available
for several days, and until then no de
cision will be reached by the United States
government as to the nature of the rep
resentations it will make.
It Is thought In German quarters here
that If the German government learns
that one of Its submarines by mistake did
attack the Gpl flight. regret will be
promptly expressed for the occurrence.
Officials here are Inclined to the bellsf
that whatever facts are disclosed by the
Another “Ripper” Murder Terrorizes New York
BERNARD OAFFNEV, WHO FOUND THE BOpy
ROOSEVELT TELLS
Colonel Swears Barnes Tolf
Him “The Riffraff
Could Not Be
Trusted”
I IJ"- ■■ ■ ' ■ ■ "■ " ——-ia I
CHARLES MURRAY
Terror ran riot on the east side of New York when the murderer of chil
dren In that section of the city known as ".lack the Ripper" found ,moth
er victim in the person of Charles Murray, almost 5 years old. The
child's body, terribly mutilated with a knife, was found by a playmate in
the hallway of his home. The crime Is similar In every respect to the re
cent murder or l.eonore Anna Cohn, 5 year’s old, whose body was found
on the night of March 2# in the hall of her home.
Syracuse, IV. Y„ May S_The plhli'i
emboss rule and machine polities, ni
ThrotliVft Roosct ell claims \\ IIllnn
Barnes cxpoiivJ'^rd them, were relate!
bf the former l*rc<i',,,ent upon the wit
ness st'iiml In the ■uprVkt, ,‘our' her*
tmlay. The rolnuel swore that Y*sV."f;
had told him that Ibi could
not be trusted to hiiuille milftlcal a ff
fairs without a lender.” anil had ex
pressed himself aa being lu fnror of
the democrnfle anil republli’au organ
Inations combining to defeat leglalu
tlon providing for direct primaries.
The colonel wont on the stand at the
end of a day congested with testimony
about public printing and public money,
lie related wliat he alleged to be the
substance of conversations he had with
the former chairman of the republican
state commlllee over a period of from
1898 until he left the White House.
He told Ills story with all the force
fulness at his command. In part It fol
lows:
“Mr. Barnes and I had many con
versations on the nature of the boss
and the domination of the machine.
There was more than one conversation
concerning tile franchise tax hill.
“There were some before Pay n
(lands b\ Payn), stale superintendent of
insurance, was removed. They were in
the spring 6f 1899 and again In the be
ginning of 1900. Those conversations
were upon the power of and the neces
sity for the machine system of party
government.
Couldn't Trust Riffraff
"One conversation was Just prior to
the appointment of a successor to
Payn. Mr. Barnes said it was neces
sary that the head of the organize! on
should have complete control and ho
Instanced Albany county. He said the
rlfTralt could not lie trusted to handle
political affairs without a leader.
“He said It was not necessary for
Hie boss to Issue orders to executive
officials and legislators hut that they
found out if they did not support the
organization they could not get bills
through, they woud not be renomi
nated. He said it win to their Interest
to find out what they should do and
then do it.
"Mr. Barnes said: 'You know the
senator does not bully. He does not
have to.’ lie said it was quite sufll
M
it
i REPEATS STORT OF
rw-ftiic
-- > N
Mrs. Carman’s Counsel Un
able to Break Down Testi
mony After 3 Hours of
, Cross-Examination
Mineola, N. Y., May 5.-~CVIia Cole
man, the negro maid, who was an Im
portant witness at the first trial jf
Mrs. Florence Conklin Carman, charged
with slaying Mrs. Louise D. Bailey In
the office of Mrs. Carman’s husband,
Dr. Edwin Carman, June 30, last, oc
cupied the witness stand at the sec
ond trial today. The Jury disagreed in
the fli^st trial last fall.
The Coleman girl was under direct
examination only 10 minutes but three
hours were consumed by Mrs. Carman’s
counsel in an unsuccessful effort to
break down her story.
On direct examination the maid re
peated the testimony she gave at the
first trial that Mrs. Carman had told
her that “she had killed him,” mean
ing Dr. Carman, and reiterated other
details. Celia testified that Mrs. Car
man came to her room the next morn
ing and asked her not to say anything
about the shooting.
The Coleman girl was the last wit
ness of the day. She will be cross
examined further tomorrow when the
state expects to finish its case.
The local weather observer was put
on the stand to testify that It was
still light at 8 o’clock on the night of
the murder. Mrs. May I. Black, the
first of the state’s new witnesses, pre
viously had testified that it was short
ly before 8 o’clock and still daylight
when, while sitting on her porch east
of the Carman home, she heard the
sound of fulling glasses and saw a
man walk away from the Carman
house. The district attorney said that
.the man was Frank J. Farrell, who
testified at the first trial and has dis
appeared. The new contention of the
prosecution is that the murder oc
curred in daylight, while the defense
claims the crime took place after dark.
George Golder and Archie Post, call
ers at Dr. Carman's office, testified
that It was dark when the shooting oc
curred.
Boilermaker Killed
Washington, May 6.—John F. Sirian,
ft boilermaker on the gunboat Paducah,
at Tunas de Za/.a, on the south coast
of Cuba, was killed Monday by a fall
ing hoisting gear block. His body WUI
be sent to Portsmouth, Va., where his
widow’, Mrs. Violet J. Sirian, lives.
»••••••#•••••••••••••••••••••••••••••••••••••••••••
TODAY’S AGE-HBRALD
1— U. a may mediate Japo-Chlnese situ*
atlon.
German claims of victory denied.
Hooacvelt tells of Barnes' boss ethics.
Henderson aids fight on Illiteracy.
2— Urges common sense In court pro
cedure.
•—Visit'of government party to be of
great moment.
4-Editorial comment
•—Protest against Matthews discharge
Formal schedule of. look opening.
First suit tiled against city for fall of
wall. *, . ,. • -'4
Everyone Invited togo on excursion.
_
... 10 HAVE
PRIZE COURT PASS
ON THE FRYE CASE
UnftGtjjStatds’ Nolo to Ger
many Ref Jading Sinking
of American \8kiP Is
Made Public
\ t
W nslilnalon, liny —Hv ..
Jgrrempil with Ihr German foreign of.
flee, (lie ><alr department today ■■■a<le
public the trill of ll» reply to Ger
mnny'n note ranrernlng the claim or
the United Staten for no Indemnity to
the owner* of the American nhlp Wil
liam I*. Kr»e. mink U.v tlir l*rln» Kllel
Frlederlrh.
The American communication takes note
of tlie fact that Germany accepts liability
for the act under the treaty of 1X2X be
tween (ho United States and Prussia, hut,
declines the suggestion that a German
prize court pass on the legality of tho cap
ture arid destruction under the declara
tion of London, the standing of tile claim
ants and the amount of Indemnity.
Pointing out that the United Stales
early In the present war announced that
It would not be bound by the declaration
of London because It had hot generally
been ratlllcd, the note asaerta that the
standing of tho claimants and the. amount
of Indemnity lend themselves to diplomatic
negotiation and suggests that the German
embassy In Washington be authorized to
deal with tho matter.
"In reply to your excelteny's nolo
of the 5th Instant, which the gov
ernment of the United Stales under
stands admits the liability of the Im
perial German government for tho
damages resulting from the sinking
of the American nailing vessel, WIN
Ham P. Frye, hy the German auxiliary
cruiser. Prlnz Eltel Friedrich, on Ja i
uary 28. last, I have the honor to Bay
by direction of my government that
while the promptness with which ti e
Imperial German government haw ad
mitted Its liability Is highly appreci
ated my government feels that It would
be Inappropriate In the circumstances
of this case and would involve unneces
sary delay to adopt the suggestion In your
note that the legality of the capture
and destruction, the standing of tie
claimants, and the amount of In
demnity should be submitted to a prize
court.
. Violation of Treaty
•'Unquestionably the destruction of
this vessel was a violation of the >t>
ligatlons Imposed upon the imperial j
German government under existing!
treaty stipulations between the Unllod I
Htates and Prussia and the United
.States government' by virtue of Us
treaty rights has presented to the im
perial German government a claim u r
Indemnity on-accoUnf"of resultihg dam
ages suffered by American citizens.
"The liability of (he Imperial U„r
roan government-and the standing of
the claimants as American citizens and
the amount of Indemnity are all ques
tions which lend themselves to diplo
matic negotiations between the two
governments and happily the question
of liability has already been settled in
that w^y, The status of the claimants
and the amount of indemnity me the
only questions remaining to be settled,
and It is appropriate that they should
be dealt with In' the same way.
"The government of the United States
fully understands that, as stated In your
exoellency’s note, the German govern
ment Is liable, under the treaty provis
ion* nbove mentioned, for the damages
arising from the destruction of the cargo
aw well as from the destruction of the 1
vessel. But It will be observed that the 1
claim under discussion. does not ihclud« 1
damages for the deairuqtlon of the cargo, *
gyj
\ ■
DOUBLE SUCCESS
DENIED BY ALLIES
IN LATE REPORTS
The Kaiser Reports Victory
Over Russians in East
and British Troops in
Flanders
GAIN FOOTING ON
HILL NO. HO AFTER
FIERCE STRUGGLE
Russians Reported Badly
Defeated—French Official
Statement Says Teutons
Have Been Repulsed
London, 'lily ft.—(11:10 p. m.)—-Thc
German olTlolnl report today claim*
1 Victoria* l*o t li over the Russian* In
: western Galicia and over (hr llriti*h
j I” Plunder*. Field 'lnr*linl Sir John
j French, l!ritl*h commander in chief,
admit* he nan compelled to readjust
hi* line* In the region of Ypren, hot
| flic French communication, far from
i confirming a German victory In Hd»
i ulum, declare* the German attack*
| were repulncd mid that the German*,
J Being taken on the flank l»> Frem Ik
j urtlllery, MUffcred neverely,
A late report from the Hritiah war of
fice. also sayh that German attacks were
i cpulsed, although the flcrtnaus used
asphyxiating Rases and hy the lies' of
these fumes did get a footing on Hill No.
i”1, southeast of Ypres, which, since th»
ISritlsh captured it recently, has been at
tacked repeatedly.
"There has been fighting all along tha
rest of the western front, in ail of which
the Germans claim successes. The
French, however, Insist that their advance
continues both along the Yh r canal, in
Flanders, and in the W’oevre, where bat
tles have been continuous for weeks on
end."
Conflicting ,Kcports
Conflicting reports from the east make*
it Impossible to judge of tin* position
there. The Austrians and Germans to
night say the liusslftna have been beaten
badly In western Galicia, and have com
menced to retire from tbe western Cm
pathfiinw, r. ftc'ca* thf /?ns»hHi G
I'ort, while admit ting that the Auatro
Germans got across the Inniajec river. *"
declares they were checked there.
I The country around the East Frio (
frontier also 1ms been the 'cone «
ties of more or less Import**
ut the other end of tle j’*
Eastern Galicia, the Hi*
lug the A ustro-Gernw*
POi ted tlefea t or ehec
of that province
Athens credit
success©** hi 4
da net lea and f
report the d
.GrUUpoll pel
Vr, *
ciev oling V
fishing flee
sunk since.
of life.
FEDE1
OF W
IN
i MiilaM«'J|
than State
woi k ing »
ami oth«
l'aeturer.
tiuii ado
National
Underwoa
co&vontfoi
Muutit Vet
dent of Ha .
I. F. Stop
the dye sita
“Aniline d>
111 tile United
American mat
KUIUflH of cole
I rices w hieh t i.
■.factoring nndei fon.s
make necessary t fu
ture to develop ti such
an extent that maiiu an w'ork
umler normal condltl yrtinpeUtl-m
with the world.”
SEVERAL HURT IN
ARKANSAS WRECK
Memphis, May .VV-Tlevonil persons are
reported to have been killed and others
injured as the result of a derailment of
St. lands, Iron Mountain and Southern
passenger train No. 221), eastbound, near
Grassy laike, Ark., today. A relief train
with physicians and nurses left Memphis
shortly after 0 o’clock for the scene.
Grassy l*ake Is in an isolated section,
about 20 miles from Memphis.
A dispatch from Earle, Ark., where
the injured were taken late tonight,
stated O. W. Lamb, director for a mov
ing picture company of Omaha. Neb.,
who was a passenger aboard the train,
also was seriously hurt. ^Several other
passengers received cuts and bruises.
NAME COMMITTED*TO
MAKE APPOINTMENTS
St. Ixmis, May 5.—All 14 bishops of the .
Methodist Episcopal ehurcu. south, were f
present at the meeting of the board of
bishops here today to plan conference
appointments for the ensuing year.
A committee comprising Bishops W. E.
Homs, Collins Denny and .1. Atkins will
arrange this year's assignments subject
to revision at an optoi meeting of ths
entire board.
FRANK SAFFORD
IS FOUND GUII/ntfc’m.
New York. May S.— A verdict of
was returned late tonight against
f> Safford, the aged FMainffftld.
>;d clerk, charged with perjury in con
nection with proceedings growing put of
h« $50,000 breach of promise suit
p>’ Miss Rael Tnmecr against
, V “ *

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