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ALL THE NEWS VOL. XXXVI. pni/Ui. BY CARRIER Aft C iV\ rTfi NUMBER M. ' llvLVylli. ran MONTH *<-J v£u.^i.O CITY WILL AID IN DEVELOPMENT OF GREAT PORT COUNCIL VOTES ASSISTANCE TO HARBOR BOARD MOVEMENT FOR CONSOLIDATION GIVEN IMPETUS Members of Legislature from Los An. geles County Urged to -favor • Law Permitting Union of Cities THE city's attitude toward harbor acquisition and Improvement Is on record as the unanimous action of the council yesterday, in resolutions which pledged the city t& immediate Improvement of the water front and authorised the harbor commission to prepare legislative bills allowing con solidation. The harbor commission presented a report to the council which styled San Pedro harbor when fully developed •'one of the best harbors of refuge and commerce in the world." The report paid compliments to the Wilmington trustees and to Senator Flint and the government, corps of engineers for re sistance to attempts to bottle up the harbor. Secretary Fleming of the harbor com mission, who presented the report in person, culled attention to the Injus tice of present conditions by which, he said, "a city of 300,000 population Is dis criminated against In a most unjust manner simply because It has a free holders' charter. ."This Is a most important matter, declared Mr. Fleming, and the city ought to declare itself for enactment ■which will give relief." "I think so, too," said President Pease of the council, and the other members agreed and expressed their confidence In the harbor commission by passing the resolutions presented unanimously. This Is Third Step The adoption of the resolutions is the third step in what appears to be a far reaching plan in the commissions •work for a free harbor. Following the organization of the commission the plans for Instituting the tidelands suits ■were carefully worked out with the re sult that Attorney General Webb de clared to Secretary Fleming when tha papers were presented that there was nothing left except the affixing of his Bigntaure. The commission has now started the next movement In the campaign for a free harbor by the city's declaration for relief which will permit consolida tion. The report presented by Secretary Fleming was as follows: "The harbor commission, anticipating the time a little at which it should ttlo its annual report, submits for your con sideration, and we hope approval, the following: "This commission from the time or Its appointment lm.s been active at all times, taking the aggressive and push ing every move, looking to tho flnu making of San Pedro harbor free from private control for the use and benefit of the public, seeking to bring about conditions that will unite in one har monious Whole the railroad, the steam ship the warehouse and the factory, thus realising to Us fullest extent the Ideal commercial condition. "After a strenuous flght, opposed upon every side by selfish interests, harbor lines, recommended by captain of Engineers Amos A. Frins. have been by the government established and made permanent, and this commission firmly believes that when San Pedro harbor is fully developed in accordance with this plan that we will have at our door one nf the best harbors nf refuge and commerce in the world, and one that' will among the harbors of the world be recognised as the city of Los Angeles is now. namely, the great est residential city in the world, and destined at no distant day to take a foremost position as commercial, manufacturing, maritime city. Exposes Private Interests "Private interests have sought, through the obtaining of long term leases, to gain such a hold upon the harbor as to defeat its successful de velopment by the public in the future, but through the vigilance of your com mission, the able work of as loyal a corps of government engineers as was ever entrusted with the development of a public improvement, the personal effort of Senator Frank P. Flint, the chamber of commerce and the board of trustees ai Wilmington have prevented private parties from securing fran chises under the guise of making im mediate improvements, when in fact, their real motive was to gain control of the water front and continue to further stifle the commercial interests of our city. "The commission, acting under in structions given it by the resolution, so promptly and with such commend able unanimity adopted by you, re tained James A. Anderson as special counsel, and in conjunction with the regular attorney of this commission and the city attorney, had prepared the necessary complaints to commence suit for the recovery of all of the tide lands acquired by private parties in San Pedro harbor under a misinter pretation of the law, which were pre sented to Attorney General TJ. 8. Webb, who immediately authorized the com mencement of said suits to recover the same for the use and teneflt of the public; accordingly six suits have been commenced in the superior court, and will be pressed to a speedy determina tion, and we think, Judging from the time taken to settle suits of like nature, that In from eighteen months to two years the people will be In possession of from 1200 to 1300 acres of land, the value at the present time of which will reach- Into the millc • and will tvs time goes on become more valuable. For Consolidation "At this time another condition con fronts us, if Los Angeles is to come into her own, the many municipalities surrounding San Pedro harhor must be united under one government, and there is im law upon our statute books whereby a city governed, as is ours, by a freeholders' charter, can consoll data with a city organized under the general law, which is manifestly an unfair and unjust discrimination against cities governed mh is Los An geles, and of such Importance -us this actuation (hal l)olh of the dominant parties declared In <li.-ir platforms In favor of the enactment of a luw that (Continued on I'age Two) LOS ANGELES HERALD NEVADA PEOPLE VOTE TO ELECT DEAD MAN FOR COUNTY OFFICE + RENO, Nev., Nov. 9.—Twenty ♦ 4* voters cast their ballots for a dead + + man in Eureka county last Tues- 4* ♦ day when they voted for Andrew ♦ 4* F. Stlnson for a county office. ♦ ♦ Stlnson was stricken unconscious ♦ 4* while making an election speech ♦ + tho day before election and died <• <f soon after. ♦ <fr He was one of the pioneers of + ♦ Nevada, coming here In the '70s. ♦ '. He aided In the construction of the ♦ 4> capitol at Carson City. ♦ REPUBLICAN PRESIDENTIAL ELECTOR AMONG INDICTED Four Shasta Men, All Prominent, Ac. cused of Land Frauds —Hired Men to Take Up Claims SAN FRANCISCO, Nov. 9.—The fed eral grand Jury has returned indict ments for land frauds against D. W. Dwinnell, recent Republican presiden tial elector; J. D. G. Gangnor, John Gilpin and Rex F. Deter, all prominent residents of Shasta county. They aro accused of having hired men to take up claims In a tract of high class tim ber land opened to the public two years ago. Thp men are said to have paid the expenses of the eight men and gave each $200 to relinquish his title to the land. Gfengnor has already been ar rested and released on $3000 ball. Girl Ends Her Life SAN FRANCISCO, Nov. 9.—Disap pointment In a love affair, combined with the loss of employment, caused Sadie Marcus, aged 17 years, to commit suicide today by drinking a solution of bl-chloride of mercury. She died at the receiving hospital an hour later. THE NEWS SUMMARY FORECAST For Los Angeles and vicinity: Cloudy Tuesday; fresh south wind. Maximum temperature yesterday, 59 degrees; minimum, 55 degrees. ■ LOCAL Council pledges by resolution to aid in development of San Pedro harbor and to Improve water front. Grand Jury probes into administration of former Mayor McAleer, and also resumes Investigation of alloßn.l vice protection. Alleged burglar exhibits his feet In court to try to establish bis Innocence. Workers for the Bethlehem Institution will sell stars to help raise the 110,000 fund necessary to carry on work. Exhibitors in "home products" parade will distribute bread and gold along line of inarch. Elks' harvest festival opens with Indica tions of unparalleled success. Building Superintendent - Backus makes report of his investigations in eastern cities as to their restrictions. City . council decides to purchase •■ the cheapest hose for which the lowest bid was accepted. Pioneer of desert comes to Lob Angeles to contest homestead claim. ' ■ - Caniff, supposed to have been drowned at Long Beach, is heard from In San Fran cisco. ■* White Steamer runabout reaches destina tion first In race of desert from Los Angeles to Phoenix, Ariz. > Hearing In case of three Mexican patriots now In Los Angeles jail is set for next Jairuary by United States supreme court. COAST Ban Luis Obispo robbers loot church during services, blow open jewelry store safe, escape with loot and then plunder a freight car; all are captured. Bclllngham man arrested charged with smuggling six diamonds valued at 11200. Mill hands in Washington .threaten to lynch man who puts bloodhounds on trail of ban dlU who kidnaped wealthy lumberman. Santa Barbara woman accused of slay her sweetheart tells loathsome story of events leading up to shooting. * San Jose officers arrest women of red light district In effort to purify city. Texas BUgpect arraigned in San Jose on charge of murdering one of six persons killed there twelve years ago. Brother of Santa Cruz chief of police ends his life after desperate battle with old man Is suspect arraigned in San Jose on ol murdering one of six persons killed welVfl years ago. ler of fc>anta Crui chief of police ends c after desperate battle with old man who tries to save him. Fort Douglas negro murders negress and ends his own life. Sacramento fireman dies In Reno from stray bullet which hit him on train. Kankin, broker accused of embezzlement, has ball reduced in San Francisco. ' i Governor Olllett proclaims November 26 Thanksgiving day. Hallway auditors meet In Salt Lake City. I-rnor Qlllett proclaims November 26 sglving day. way auditors meet in Salt Lake City. EASTERN Vice President Fairbanks appoints A. J. Hopkins successor vi late Senator William N. Allison. Missouri railroad men appear in court to prove eighteen lines operate at loss under two-cent passenger rate. Postmaster Morgan of New York shot by Boston crank because of fancied grievance; will recover; assailant and* life, American Federation of Labor gives President Gompers hearty ovation at Den ver convention, and supporter of Bryan Is assured of / indorsement by gefat body of tollers. . . United State* supreme court decides states have constitutional right to bar ne groes from white schools, and declares races are naturally antagonistic; % Justices Day and Harlan dissent. President Roosevelt to give big "legisla tion banquet" to many leaders of labor, but •sident Roosevelt to give big "legisla banquet" to many leaders of labor, but will not invite Gompers. Russian witness at trial of Pouren In New York tells terrible tales of cruelties practiced by czar's soldiers. President-elect Taft to train on Augusta, (la., golf links for strenuous White House Job. . ■ i Denver unidentified woman forces former wife of Lawrence Phlpps, Pittsburg steel magnate, to take her in auto and draw big sum from bank under penalty of death by dynamite; detectives capture woman through bank officials, and she attempts to blow up captors. Former United States Senator Edward Carmack, editor of Nashville Tennesseean, assassinated by political opponent In heart of city. President declared by Cornell professor to have said commission on country life was hln greatest work- President of University of California makes impressive address at Ann Arbor on "The Pacific." President Roosevelt and New York Repub licans decide on Secretary Root to succeed Senator Platt. Charles W. Morse, convicted New York ice pool plunger, declares under oath he is penniless; two years ago was rated as being worth 120.009.000. Pork dealers In Chicago find sain for pig's .squeal, long considered by Armour the only thing that could not be utilized profit ably. FOKKIUN , Lord mayor of London Inaugurated with great show celebrating king's sixty-seventh birthday. " Premier Asqulth makes Impres sive address. Chancellor Yon Buelow of. Germany to explain himself before relchstag: Balkan and Germany controversy with Franco with out development. JCC^^Mit^^Wl TUESDAY MORNING, NOVEMBER 10, 1908. HEARTY CHEERS GREET GOMPERS AT CONVENTION LABOR LEADER ASSURED OF MEMBERS' SUPPORT KEEFE OPPOSITION IN VAIN, DE CLARES MITCHELL A. F. of L. Annual Session Applauds Loudly When President Submits Report—Nation's Idle Are Ons of Themes [By Associate p*«bi. i DENVER, Colo., Nov. Hearty ap plause was given President Sam uel Gompers of the American Federation of Labor by the delegates to the twenty-eighth annual convention j of the organization at Its opening ees- | ■ton today, and also at the close of his report, which he read at the afternoon session, which was Interpreted to Indi cate that there would be no effective opposition to his re-election. "The statement that there would be I a big fight In the convention in regard ■to the action taken by President Gompers In the recent campaign will not be fulfilled," said John Mitchell, former president of the United Mine Workers, and a delegate to the con vention. "The action of Mr. Gompers was the | result of Instructions given him by the i federation at previous conventions and he will have virtually the entire sup port of the present convention. May Fight Over Politics "It is true there may be a flght on the question of allowing the federation to be brought into politics in the future, but I do not think Mr. Gompers will be censured for the part he played In supporting Mr. Bryan." The reading of the report of the president consumed more than three hours and the reports of the secretary and treasurer were then read l\ abbreviated form. The secretary's report showed the federation had had a prosperous year. President Gompers' report was a long and exhaustive accounting of the work performed by the president during the year. At the outset ho declared: Army of Unemployed "There must not be permitted to grow up or to be maintained a permanent army of unemployed." The part of the report that touched on the Buck Stove and Range com pany injunction was frequently inter rupted by applause. The statement of the stand taken by John Mitchell, Frank Morrison and Samuel Gompers on the injunction, matter also was aplauded. Mr. Gompers said: "It is impossible to see how we can comply fully with the court's injunction. Shall we be denied the right of free speech and free press, simply because we are workmen? "Now it Is the American Federation of Labor and the American : ederation ist which are enjoined from the exer cise of the right of free speech and i. erty of the press. "In the future It may be another publication, and this Injunction will then be quoted as a sacred precedent for further and further encroachments upon the rights of our people. Freedom of Press Suppressed "The suppression of freedom of the press is a most serious undertaking, whether in autocratic Russia or in the republic of the United States. It Is be cause of the present injunction and the contempt proceedings thereunder to sup press free speech and free press that I feel it my duty to enter a most em phatic protest. "The report of our legislative com mittee reveals a ti.le of perfidy to the commonweal, and in telling the truth, perforce, besmirches the name and his tory of a political party that found its embodiment and idealism in the mar tyred Lincoln. "The Republican party adopted declarations for the enactment of a law that would legalize the worst abuse and perversion of the injunction writ, this in direct opposition to what we have asked." Mr. Gompors made a detailed report Of his work in the political field during the last conventions of both political parties and also of his experience with congresi. "Our conventions have frequently de clared," said Mr. Qorapers. "that our movement has neither the right nor the desire to dictate how a member shall cast his vote." Mr. Gompers' defense of his action during the late political campaign was greeted with cheers. Mary Stewart Cutting i «s£/■*&ss: 'i^a *^^^s»^cfa ' ''*^&s&ffis&ys&fyss~''% &' Mrs. Cutting's "Little Stories , ■ of Married Life" and "Little Stories' of Courtship" have made her name familiar in all ' American homes. She has written much besides those and her.writing is always of a character !" to give healthful pleasure to her readers. Drivers of Winning Car in Mad Race Across Desert, and Their Auto, Black Bess ft- if-*' COL. F. C. FENNER AT THE RIGHT AND CAPT. H. D. RYUS BLACK BESS IS WINNER OF RACE OWNER AT WHEEL AS CAR DASHES INTO PHOENIX Crowds Gathered at Stretch as Ardu. ous Contest Over Desert from Los Angeles Is Brought to an End [special to The Herald. 1 PHOENIX, Ariz., Nov. 9.—Watched by crowds of thousands, who stood on the streets for hours In anticipation of its arrival, "Black Bess," the old White steamer runabout, with its own er, F. C. Fenner at the wheel, arrived here at 6:46 o'clock, Pacific coast time, and won the race from Los Angeles to Phoenix, establishing a record and winning a silver trophy offered by tho Arizona Republican. All afternoon crowds had -watched the bulletins and crowded around the head quarters of the Maricopa Automobile club, eager for news of the contest. More enthusiasm has been shown over the contest than any sporting event ever pulled oft in the territory. Adams street was Jammed full of people for ten blocks, long before the White arrived in sight, and the long lines waited for tho arrival of the tlili i car. The Kisselkar was the second car (o arrive, reaching here at 7:41 o'clock, but second place undoubtedly will go to the Elmore, driven by A. J. Smith, who arrived at 8:45 o'clock. The Franklin rolled in at 9:50 o'clock and lost the race by getting off the road in the flats on the California side of the river. To keep from making matters worse, Hamlln and his crew went to sleep for three or four hours until daylight, sac rificing the lead of several hours they had over some of the cars. Until the official report of the check ers at the river are received it will be Impossible to state officially which car won, but President Bullard of the Mari 6opa club has issued a statement giv ing it as his opinion, based on the statements of tho crews, tho White is first, the Elmore second, the Kissiul kar third, and the Franklin fourth. The race has proved to be the most strenuous contest ever waged by mo torlsta, as it led over stretches of desert where it is difficult to wak or drive with wagons. For many miles thero is no water and one of two springs !n a hundred mile stretch is akall, and the other onß Is hot. There is little semblance of a road In many places and trails lead the un familiar astray very easily. The signs road to stay on the road, as It is Im possible to pull a vehicle through some of the sand that extends on either side Very little trouble was reported by the Crews who came In with tho cars. Fenner broke a spring near Quartzite that required several minutes to fix, but after looking it up and tying it he made a high rate of speed for the remainder of the way. One of the $25,000 group of contribu tors to the Los An geles Herald during the year beginning November 15. Fifty two stories, averag mi 10 cents a word; " no story to cost less than $500. e*lust snort' story writers of our time engaged to write for the Los Angeles Herald. All stories to be illus trated by artists ranking with : the writers. . „ -"■ new Announcement J)aih} ' ■ .*. Iflfl b^^^h9hlh^B^B9S^D9h^k::^v jfe*^ 1 CHARGE CLUBMAN WITH EXTORTION DENTIST CAUSES ARREST OF OIL COMPANY MANAGER Dispute Over Bill Leads to Issuance of Warrant Alleging Crime on Part of Prominent Angeleno . A. A. Talmage, manager of the Pittsburg-Salt Lake Oil company, was arrested at the California club last night by Constable John Johnson of Justice Selph's court on a complaint sworn to by Dr. Ray D. Robinson, charging attempted extortion. Dr. Robinson, who is a. dentist with offices in the Grant building, says he received the following letter from Mr. Talmage yesterday: "Unless you deliver to the California club before 2 p. in. November 9, 1908, a certified cheque, payable to my order, in the sum of $150 1 will advertise in Los Angeles and othnr publications a £ull expose of your transactions." Mr. Talmage wu held in $5000 bail, which he furnished with W. Q. Kerck hoff and James I'uzner us bondsmen. His trial will come up before Jutuir. Selph this morning. The trouble arose through a dispute as to the value of dental services. Mr. Talmage claims that he paid a bill pre sented by Dr. Robinson amounting t>> $250 for about thirty hours' dental work. "1 thought l»more than enough, but paid it and said nothing," said Mr. Tal mage. "Later Dr. Robinson gave me another bill for $250 more on the same work. I naturally became angry and said "Instead i>r receiving another cent from me you will have to pay back $150 of what you have already received.' " Dr. Robinson alleges Mr. Talmage wai making an attempt to extort mnnoy from him. Something of a sensation was caused at the California club by tho app ance of the constable, and several members anxiously whispered, "Is Woolwino with him?" Constable Johnson was kept waiting outside some time while the doorman hurriedly consulted with officials, first assuring the officer that there was no occ-slon'for a raid. Constable Johnson took it good naturedly, his only com ment being, "They're getting pretty ex clusive down there." RUSSIAN TELLS OF AWFUL CRUELTIES BY CZAR'S MEN NEW -ORK, Nov. 9.—Stories of bat tles between Russian government troops and the militia organized among the Russian people were today told on the witness stand by Jan Licit, a for mer neighbor of Jan Pouren, whom the Russian government is seeking to ex tradite. Asked why the militia had attacked the government soldiers, the witness replied: "Because they had taken two of our comrades, tied them to horses and dragged them, face downward, over the ground." One of these, he said, was Otto Frie berg. The witness described the mutilation of Frteberg's body. He told of five other bodies that I) had seen at the same time. One, he said, had be«n broken to pieces. The witness then told of tho election of Pnuren as an officer of the militia, in routing the Incident in connection With bis own (light from Russia, Jan Llolt told of having hiddtm In forests in the deep snow in his efforts to cape from the government authorities. «l Mf I ■,' /'/ 1► I IV*5« DAILY, 2c; SUNDAY, Be ■ OIIM Ijrl^-Ci _ tUr J.H/O . on trains, s cents LORD MAYOR OF LONDON SEATED SIR GEORGE TRUSCOTT IS INAUGURATED Impressive Parade and Eloquent Speech by Premier Asquith Mark Celabration of Edward's Natal Anniversary LONDON, Nov. o.—The lord mayor's ■bow today, celebrating the Installation of Nir George Truscott In succession to .sir Julin C'hurleH Uell, wad H more dlg niflril and more interesting spectacle than usua>. Of late yearn the ceremony hnil become unworthy of an official cele bration. The principal feature of today was Hie historical pageant organized by Louis >1. Parlter, an American dramatist, I'uets anil musicians from rhaucer to Mil:. .u, and many of the most notable tlturen of these tiroes, appeared in the parade, costumed with historical accu racy. Shakespeare was, naturally, most conspicuous, and WM accompanied by a piitnresiiue entourage of characters from his plays. (hiKi.fr, who bended the pageant, was followed by a bund of personage* of his creation, and Tenner and Marlowe were attended In like manner. A striking feature wai William Caxton on a float with a group of printers working an an cient printing press. The historical pageants will be con tinued progressively In future shows. Several companies of militia in gorgeous costume* and » number of hands of music completed the spectacle. Hie weather was perfect and brought out i\ groat crowd. my Associated Press. 1 LONDON. Nov. 9.—Prime Minister Herbert Asquith was the principal speaker at the Guild Hall banquet to night, which marked the inauguration of the new lord mayor of London, Sir George Wyatt Truscott, and brought to a fitting close the celebration of the king's 67th birthday. The prime minister devoted his ob servations mainly to the European sit uation. After congratulating Turkey, in the person of Turkish Ambassador Mu surus Pasha, on the success of the most amazing revolution in history, he declared that, subject to the principle that international treaties could not be altered except by the consent of all the signatories, the British government had no prejudice or preference in favor of any particular settlement. It had never objected to direct regu lations between Austria and Bulgaria and Turkey, always providing that Turkey, as the most prejudiced, should have a settlement consistent with her honor and interests, and that the agree ment must be eountresigned by all par ties to the Berlin treaty. One Happy Result One of the happiest results of the Anglo-Russian convention, he said, whs that both countries had been able to approach the near eastern question from the muim viewpoint, and discuss frankly and sympathetically the sud den crisis that had arisen. His majesty's government considered that Russia had behaved with the greatest restraint under ...:ceedingly trying circumstances In following a policy of non-intervention in Persia. Just a year ago tho German emperor, while on a visit to England, emphatic ally declared himself animated by a ilesire for friendship with Grent Britain and tho maintenance of the peace of Europe. "It was the spirit," said Mr. As quith, "that guided all negotiations be tween the two eountrles concerning the present difficulties, and if. us i be lieve, the other powers are animated by a similsir spirit, the clouds that are (Continued on Pac* Two) I [ Q CENTS FORMER UNITED STATES SENATOR IS ASSASSINATED NOTED NASHVILLE EDITOR SLAIN BY .TTORNEY SHOT DEAD ON STREET AS RE. SULT OF POLITICS Father of Slayer Also Draws Gun, but Does Not Use It—Victim Well Known —Defense Futile [fly Associated Presal ASHVILLE, Term.. Nov. «.— V Former .Senator Edward Car ■*-' mack, editor of the Tennessean, was shot and killed at 4 o'clock this afternoon on Seventh avenue, north, In front of the Polk flats, by Robin Cooper, a son of Col. Duncan Cooper. Mr. Carmack was otng north on Seventh avenue In front of ■ the flats j and Col. Cooper and his son were ap proaching 1 Seventh avenue on. Union street. Soon after they came into ■ sight of one another the shooting was begun, Robin Cooper, It Is said, firing two shots and Senator Carmack one. Col. Cooper, it Is said, drew his pis tol, but did not fire. Senator Carmack fell to the ground, dying instantly. Robin Cooper was shot In the right shoulder, but was not badly wounded. Result of Primary It is understood the trouble was one of results of a recent Democratic gubernatorial primary in which Car mark was defeated. Carmack, since he became editor of the Tennessean, had been caustic In criticising what he called the Demo cratic machine, and had printed sev eral editorials about Col. Cooper. Within the last few days, it is as serted, Col. Cooper notified Carmack that these editorial criticisms must cease. Another editorial referring to the colonel appeared in the paper this morning and this is supposed to have been the immediate cause of the trouble. As Senator Carmack fell at the edgn of the street, Col. Cooper nut his arm around Robin Cooper and both walked a few feet down Seventh avenue to Dr. R. G. Fort's office, where the slight ■ wound in '. .obin's shoulder was ex amined and treated. Pistol Lies Near By An ambulance soon arrived and car ried the body of Senator Carmack to an undertaking establishment. The piste: of Carmack, a 32-caliber. was ly ing at his side with two chambers empty when the body v.-as picked up, and was turned over to the officer. Tho stump of a cigar Mr. Carraack liad been smoking was in tho street beside him. Young Cooper was carried to a hos pital later, and Colonel Cooper is held at a police station. He has made no statement. Robin Cnopor Is an attorney, 27 years old, and single. Physician's Statement Dr. McPheeterß Glasgow, who arrived at the scene of the tragedy soon after it occurred, said tonight: "I found the body of Mr. Carmack on the tight side of Seventh avenue as one walks to Church street from Union street. He was lying with his head facing north and with his right arm under his head. His pistol was just out of reach of his right hand, and the weapon was pointing south. An even- Ing paper was lying near his left hand, which held a crushed stump of a cigar. "I Immediately summoned an :.mlw lance and had the body carried to the undertaking establishment, of F. M. Dorris. The body was without signs of life when found by me. and appeared to have been so for about five minutes. Three Bullets in Body "There were three bullets In the body of Mr. Cawnack. One entered the left side about two and a half inches below the nipple and stopped a short dis tance from the right side under the skin, crossing the median line the anatomy. "Another bullet entered the l«rt shoulder and lodged about four and a half Inches below the right nipple un der the skin. Both of these wounds were clean. The third bullet, which I conceive to be the fatal one, was In the neck. The wound wag one and a half inches to the left of the median line and one inch below the hair line on the neck, posteriorly. The bullet entered the neck and made an exit from th« mouth. It was found in the street un der his tongue at the exit of the \ wound. Two front teeth wen) broken loose. I think two bullets were fired from Carmack's pistol." Burial in Columbia The body of Mr. Carmack was pre pared for burial and removed to the home of Frank Lander, general man ager of the Tennesseean, and will ba taken to Columbia, his former home, tomorrow. The combatants were evidently very close together when the firing wag be gun, but the question of who ilred tho first shot Is in controversy. Mrs. Charles H. Eastman of this city and J. M. Eastman of New York were nearby when the tragedy occurred. Mr. Eastman's hearing is not good and he declared he knew but little of the tragedy. Mrs. Eastman said: "We were walking down Seventh ave nue in the direction of Church street and had just passed the entrance to the Polk fiats. Mr. Carmack came up the street towards us, smiling as he recog nized me. He %vas some steps away and there were few people on the street. Mr. Eastman and I were near the edge of the sidewalk and Mr. Carmack would have passed between us and the en trance. He raised his hat as we spoke. Had His Hand Up "He had his right hand up and was about to make a remark when some body said—it was the older voice— we've got you all right,' or something to that effect. I can't say positively what the exact words were. It never occurred that It was anything; more than a friend speaking. "Mr. Carmack raised his eyes. In stantly put on his hat and ran his hand back when the aame voice said: 'You coward! You are hiding behind a wo man, are you?' •Senator Carmack Jumped out so as to get clear of me and I ran Into a gateway. I saw that Mr. Carmack had ii pistol. I turned and said, 'For God's suke don't shoot.' Then I saw Mr. naek wheel and fall in a heap in the gutter." Mrs. Eastman said she saw the young (Continued on Vage Two)