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vVJi. " ' . : ' 1 ' ' i " TROOPS IN COURT. Mftia Escorts Night Rita Who Makes Confession. HOB THREATENED TO ATTACK Icsaringer Tbxbi State's ErideRoe &&i Tells Sew Meaated axA Maiktd Ken Shot aad Hanged Capt Saalda. Union City, Tenrt, Dec. 22. More than a thousand armed men assembled outside I be courthouse today when It was known that Frank Fehringer, for merly a member of, the Night Itlder gang would be brought to court again to tell the rest of the story of the cruel deeds of the outlaws and of the murder of Captain nankin. Threats bad been made of an attack pon Fehringer, so a strong force of militia acted as an escort and brought turn to court. The soldiers stood In serried rank around the witness stand while he testified. i After telling about the organization.) methods, costumes and passwords of the night riding band, of which he was an original member. Fehringer told the following story of the murder of Captain Rankin: The riders learned that Itankin and j colonel Taylor were at the Walnut tog hotel, in the heart of the riders' country. Tid Burton, one of the de fendants, told Fehrlnger to not if v the band to meet that night to attend to 4 Itankin and Taylor. Fehringer got one of Garrett John-1 son's horses and rode all day summon ing the baud. The riders met near' Johnson's that night. The band In- 4 eluded the eight defendants. rhey went to the hotel after Garrett Fohnson and forced Ed Powell to take 1 lie riders there. Witness said John- nn vrSR flu annktinifin tiT-1 lio mml a h ,.. 1 . ,,. ...... , " " . . "" " '"" t kin and Taylor to dress. to the: wooded I tank ere Itankin was slain j On the march of the slough wbe witness said Johnson did all the talk ing. The others, altout fifty In num ber. Including the defendants, follow ed silently. As the rope was put around Ran kin's neck Fehringer said to the vic tim: TVrf "rnlv t now" . ! ..t-. . . .1.1 . .... , Itankin replied. "I have attended to ?res sch ,,mpartlal. Judmfim; that Thus the ties between the United Just as they pulled the roi.e IJob.Stat5's a.ud Germany are happily free Hoffman shot Itankin. and Sam Ap plewhite then said, "I know he is dead, for I put a load of bicycle liall bearings In him." Jess Carter, one of the defendants and a man yet to be tried, put the rope around Rankin's neck. When Colonel Taylor jumjted Into the slough everybody shot Into the water, and Fehringer beat around In it with a pole. Meantime the men holding the rope let it go, and Itankln's body dropped to the ground. Just before the ltody fell a rider emptied six bullets Into the liody. Garrett Johnson before they dis persed said. "Burn your masks and say nothing about this night's work Fehringer told of the oath which was administered to all who joined luc vigui uiuer kuiik. 11 nun an mi- u-i- ni rursieuneu. lows: He raves wildly and Is held In a Ton do solemnly swear In the pres- straightjacket so that be cannot In ence of Almighty God and these wit- jure himself. It Is thought that now n esses that you desire to become a the absurdity of Bavaria leing ruled Night Rider; that you will not write. In the name of an insane king will be talk or tell to any one of the secrets of ended and Prince Lultpold. the regent this order of Xlght Riders; that If you will ascend the throne, do talk, write or tell to any person any The king Is now sixty years of age. of the secrets of the order we are per- Por twenty years after he ascended mitted to do with you as we see fit. , the throne he was very iowerful phys- you know aeatn, uen ana destruction will be your portion and thai your body will not be buried In a grave yard. Do you willingly and freely sub mit to all thin, so help you God?" TAFT WRITES TO KNOX. InvtUa Senator to Augusta For a Cab inet Conference. Augusta, GaM Dec, 22. President Elect Taft said today that he liad written to Senator Philander C. Knox, who is to be bis secretary of state. In viting him to come to Augusta within the next two or three weeks, at which time a cabinet conference would tie held. Mr. Taft said he believed he was be ginning to see where so many cabinet raisers came from. The publishing of a amsae with the information that Its possessor was being serloasly con sidered" for the cabinet he feaad has followed the ingestion of that name to Mm by some one Utereted In the person. He added that be still beUered It weald take more tkau th svggestkm eta mm and W pBWkqMea to bUd taecesteet. BERNSTORFF DT WASHLWGTCN New German Ambassador Arrives at Capital Today. Washington, Dec. 22. Count von Bernstorff. the German ambassador to the United States, who, with the countess and their daughter, has Just come from Europe, arrived here to day, lie said: I am Intrusted with the difficult re sponsibility of succeeding Baron Stern burg, who In representing my country po well In America had the good for tune also to win the confidence of the government and people of the United States. Although I feel a certain hes itation In approaching the work, yet I also feel the exceptional trust that has been given me and the clear road ahead In the good will existing be tween our govern menu and peoples. My deep desire Is to promote mu tual good will, and I know no other way of doing so except by openness 1 Jenkins Hains. on trial here for abet and complete good faith. While I am Ung his brother. Captain Peter C in Washington there will be no taya- tery about German aims In all that 1 relates to the United States. ' "It is needless to say that I come to 1 this country with the greatest pleasure ' COCXTESS VON BERXSTORFF. ana interest, .uv stay in America win , ,K ,...,,. .., wi ,owi"R Ule amazing progress of the Au""lran people In every branch of ' ueva au w vufeua v .ivri;i 101- public life a progress which com- , mnnds the admiration of the whole world. "My compatriots have the convlc tion that the government and the Ko pie of the United States judge for ( themselves of situations that arise in i.uhmt: 11 1 run iui-11 nit 1 1 1 ft .1 nil HIIUUUL . I . t I... .,, a. Prejudices, and we can well trust our- to develop uKn common ideals and political fair play. That this should remain so will be the object I hope to attain on the ground of my Instruc tions and of my own earnest desire." The Countess von Benistorff Is an American woman, noted for her beau ty and culture, and It Is said the , count's appointment was due to the j kaiser's desire to have au ambassador j at Washington whose wife was a na tive of the United States. KING IN PADDED CELL. Bavaria's Mad Ruler Wears Straightjacket. Beriiu, Dec. 22. King Otto of Ba varla has become raving mad and has been locKed In a padded cell In his pal- jCaliy. and this made his Insanity all I the more dangerous. Several years ago be was given a wooden gun, and one of his chief amusements was to aim at his friends and attendants. "Bang!" he cried, and they were expected to drop as If shot, . BALDING CHRISTMAS TREES. Outdoor Robbers With Wagon Ootpoil Public Park of Greenery. Caldwell, X. J Dec. 22. The raids on the South Mountain reservation for evergreen trees und laurel, planted In the last two or three years, will leave the park stripped unless Jhe extra police guards can check the Christmas decorators. A mounted iMliceman caught two men with a wagon load of the public's greenery. Cruiser In Search of Lost Liner. St Pierre. Mlquelon. Dec, 22.-Th "French cruiser Admiral Aube sa!!r today In search of the overdue steanu "t'custrta, which belongs to the Cyp; ' an Falm cesapany of IfarselUe im which left IfsrntHrs get 27 for Niv. York. HIS' OWN STORY Brother of Slayer of Anns Replies to Witnesses. UMTS HE SA "STAND BACK" Bit JJubU ef Declmrisg to Rob erts, "t ma Kill Ten,' Be Explain Me Said, "Eg Will Kill Yen." Flashing. X. Y Dec. 22.-Tbornton Hams, in the murder of William E. Annls, made reply in court today to some of the damaging evidence given by witnesses for the prosecution. He said: 1 "The prosecutor Is endeavoring 1 through his witnesses to prove that ' when I held, as they claim, the crowd 'at bay I said to Charles II. Rolerts, i "Stand back or I will kill you." "The truth Is I did say 'Stand back," but Instead of the words "I will I said "He will meaning my brother, the captain, for poor1" Pete. I Instantly knew, was In no condition after what had occurred to fully realize the mtI ousness of his act or proiterly under stand the intentions of any who might approach him at that time. "This story I hojte to lie able to tell truly upon the witness stand. It is most Important to me tliat this point should Ite cleared up. It Is necessary In order that my own personal honor ' and the good name given to me at my birth should be so set at rights. j "And I am sure 1 will' lie able to ' make the jury believe my testimony j absolutely. Other witnesses also. I know, will support the use of the pro- 4 noun as I claim to have made it as I did make it. "If after any fair minded man, and , undoubtedly there are twelve of them j faclng me every day In this court- room, has beard the testimony of the .hltlerestof the nroseeutlon's witnesses. : Is it loo much for me to believe that I I am even now a free man? For In- I stance, several of the state's witnesses have corroborated statements which my lawyers have insisted I made on the day of the shooting. "On cross examination one of Mr. Darrin's star testifiers was obliged to admit the truth of the story which all along I have told that twice I insisted that a policeman be sent for They have also admitted in open court that 1 said to "one of the wit nesses who had denounced me direct ly after the shots had been fired: " 'Is this the gratitude I get for sav ing your HfeV Instead of this treat ment you should be grateful to me.' "Again I say that 1 feel that. In the eyes of the jury I am already a free man and that the state's own wit nesses have really by their testimony brought about this satisfying situa tion." District Attorney Darrin said today that he considered the prosecution had fully proved its case against Thornton Hains by the testimony given by Mrs. William E. Annis, widow of the mur dered man. Mrs. Annls made the direct accusa tion that Hains menaced her with his revolver when she attempted to reach ! w hnshnnrt h hurt Wn hrr hr rnnfnln ivpr r itnfna "I ran down on to the float and T. Jenkins Hains moved toward me," Mrs. Annls said. "He pointed his re volver at me and said, 'If you dont go back you'll get the same.' "I turned and felt his revolver press ed against my back. I ran from the float and some friends took me into the clubhouse." Mrs. Annis made a good witness. She was quite cool on the stand and displayed little emotion. She looked directly at the prisoner when she said be had menaced her with his revolver j and threatened to shoot her. As Mrs. Annls described the tragedy 'Thornton Hains seeuied to be trying to stare her out of her senses. His eyes never left her face. She felt the , baleful force of his gaze evidently, for once or twice she shook her eyes and threw back her head, 1 Those points which scored most torcU Djy aganst Thornton Halus-hls beck. onlng to his brother as Annls' boat .came In, his throwing himself on guard before even the first shot came. , his threats to her and his holding the gun at ber back she gave with a slow, deliberate earnestness that made the I nerves of her hearers thrill. Governor Hughes In New York. New York, Dec. 22. Governor Hughes arrived here today to attend the dinner tonight of the Xew Eng land society. Governor Pardons Thirty-six Cenvlots Montgomery, Ala., Dec 22. Govern or Comer has pardoned tUrty-etx con Ttcta for niMH at CfcrWUaaa. CARNEGIE GLAD ITS OVER. Says He Hopes His Testimony WiB Be of Some Value. New York, Dec. 22. Andrew Carne gie, who underwent seven hours cross examination In Washington by the ways and means committee of the j hemic of representatives on the ques- j Hon of the caed of a protective tariff oa Iron and steel, said today that be was glad the ordeal was over. j "l hope I have been able to slicd some tight on the tariff question for the members of the committee,"" he said, "and I trust It will be of some value." To the committee Mr. Carnegie re Iterated that the Iron and steel busi ness of this country is not in need of protection, that It Is no longer an In fant Industry and that with the duties removed this country can beat the world in the manufacture of steel in Itractlcally all Its forms. Mr. Carnegie scouted the idea that the committee could settle the question of the steel tariff by minute attention to figures. He said unless that liody got away from the minute of figures and con sidered the problem before It on a broader basis tbau this II would be led into error. Mr. Carnegie did not go luto detailed figures himself. He said he could not and that the subject had to be considered on a different basis from that of statistics. It was ointcd out by Mr. Carnegie that, while It was true the cost of sleel had increased relatively, yet it was true likewise that It was increas ing relatively abroad, that the situa tion abroad as to the Iron and steel business was much worse than here and that the resources abroad were not comparable' to America's. He rea soned that liceause of this, wilh Amer ica's tremendous progress in methods. this country Is in a position to defy all conietition. "For Instance." said Mr. Carnegie, "England is in a far worse position as to ore than the United States." "WESTERN UNION BOBBED. Discovery of Conspiracy Leads to Dis- charge of Thirty-two Operators, ,.,,((1,.. Wash, Dec. 22. Detectives rlie Xorihern Paclnc' and-Great I Northern railroads liave uncovered a conspiracy to rob the Western Union eomny of tel SuiK'rinlendei telegraph tolls. nt Iteed of the Western Union Telegraph company said: "Our iHKikkeepiug and auditing de partments experienced iliffieulty in tracing messages of which they had no record In checking accounts, but uion which complaint had Ieen re ceived of nondelivery and delay. "As high as -l."i per cent of these mes sages were never reported In the monthly statements to our checking department, and further investigation resulted in positive proof that this proceeding held good 011 many mes sages filed with operators at railroad stations. "As a result of the disclosures thirty-two oMTjitors have lieen discharg ed." Weather Probabilities. Partly cloudy: colder; fresh winds. east FINANCIAL AND COMMERCIAL. Clo.ing Stock Quotations. York, lec. 21. Money on call was 2 per cent; time money and mercantile paper unchanged in rates. Closing prices: Amal. Copper.... 7oi Korf. & West... 81 Atchison 95H Northwestern ..175 B. &0 107 Penn. R. U. ISTi llrooklyn R.T... M14 Reading 1S7U Ches. & Ohio 56 Rock Island 22H C. .C..C.&StU. 65i St. Paul' 145 D. . L. & W 5S Southern Pac...llCT4 D. & II 1764 Southern Ry.... 244 Erie 34 South. Ry. pf... 57 Gen. Electric... 156 Sugar 127 111. Central ltZ Texas Pacific.. . 32 Int,tMet 18V4 Union Pacific. .17GV4 . I- . I. , V., ' 1 n n. , rmtr Manhattan 150VS U. S. Steel pf...lim Mlsiouri Pac... C2?i West. Union.... D"4 N. V. Central... .117 Market Reports. WHEAT Steady; contract grade, De- cember. Jl.03al.COV4 CORK Steady: December, CTliaCc. OATS Dull and He lower; No. 2 white, i ""'"J?' ., . 2.301 packages; creamery, seclals, 3!a U . . .... U I V UU . U U . . I . . UUL . miuia, 32ttc (official 32c.); extras, 31a31V4c.; thirds to firsts, 22a20c; held, common to special, S2a29c; state dairy, common to special, 2ta29c; process, common to special, ISa Sc. CHEESE Quiet, but firm; receipts. 93Z boxes; state, full cream, specials, HV4a ISt&c.; September, colored or white, fancy, lie; October, best, UUc; late made, best, ISc.; common to prime, lOViaXIU c ; skims, full to specials, liiall&c. EGGS Steady tor western; receipts, 5,190 cases; state, Pennsylvania and near by, fancy, selected white, 40a!c; fair to choice, SCaSSc.; brown and mixed, fancy, SlaSSc.; fair to choice, 30a33c POTATOES Steady; domestic, per bbl. or bag, 2a20; European, per bag, L75a2; Bermuda, new, per bbl., la6; aweet pota toes, per bbl., tlXOalXO. LIVE POULTRY Steadier on lighter receipts; prices not settled. DRESSED POULTRY-Oenerally Arm; receipts, 10,197 packages; turkeys, nearby, 20a2Je.; state and Pennsylvania, lUTTc; western, fancy, 21c; poor to good, 1)1 Mc.; spring chickens, broilers, nearby, UaXc.; western, ISaUc; roasting, nearby, UaXc.; western, lSxlGc; fowls, boxes, UVjaUc; barrels, Ualic; old roosters, ihitMc; ducks, western, fancy, Italic.; geese, Eearbr, UaUHc.; western. Malic; squabs, thlte. per doxen. fLUatM. ASTRO IGNORED Vice President of Venezuela Appoints New Cabinet FOES Of DICTATOR IN POWER Every Oae Friendly to Absent Ruler I Hurled Froaa His Place, and His Ettersiea Are Pat In Office. Port of Spain. Trinidad. Dec. 22. Vice President J. Vicente Gomez, to whom General Clpriano Castro handed over the presidency on his departure for Europe, has thrown off the mask and has established an anti-fVixtm government In Venezuela. He has hurled from power the old ministry, the leader of which was Dr. Jose de Jesus Paul, the minister of foreigu affairs, who aided Castro In the negotiations that culminated in the ousting of Minister de Reus and the severance of diplomatic relations with Holland, and has installed a new ltody of men who are bitterly opixiscd to Castro. Xot only has Dr. Pan! disappeared from the counsels of the nation, but Dr. Baldo. who Is now traveling In Castro's suit abroad, also has been re moved from his official ition as minister of education. General Diego Ferrcn. the minister of war. who also was Avar minister In the cabinet of Acting President Gomez In 1!MK. lias ltccn suiierscded bv Gen eral Kcgulo Olivares. who took a prom inent part In crushing the revolution ists six years ago. Agmlas Sturbe. a bitter foe xf Cas tro, has ltecn apftointcd by Gomez gov ernor of Caracas. The new cabinet Is comHsed as fol lows: Minister of interior, Linares Alcantara; minister of foreign affairs, Gonzales Guinaud: minister of finances. Munoz Tebar: minister of. war. General Itegulo Olivares: minis ter of patronage. Rafael Carabano Obras; minister of public works, Ro berto Vargas;" minister of public in struction. Dr. Maldonado. Secret advices received here from Caracas, where the strictest censor ship Is being observed. Indicate that Venezuela has been in a ferment ever since President Castro sailed and Ihat the crisis was reached when It be came necessary for Acting President Gomez to take decisive steps, which be did by eliminating from his cabinet those who were closely affiliated with the Castro rule and under the Castro domination. The revolutionary factions, which i gained strength with every hour of j Castro's absence, played a prominent ' part in the demonstrations against the 1 absent president, which took the form (of rioting and incendiarism. These were temporarily checked by 1 a show of force, and later the revolu- ' tlonary Influence that threatened to I STVeeit the countr.v overcome In a measure by promises that could not be ' IonS 'n abeyance t oiuiKfaut t-m iu uuiu ,nm mm him that he must either withdraw from office or cast aside those of Cas- ' tro's ministers who still were trying to force the Castro rule upon the co ple. He chose the latter course. He first declared the country In "a state of defense, thereby securing control of the army, and then appointed a new cabinet On several other occasions when Castro has 'turned overMbe govern ment to Vice President iloniez It was freely predicted that Gomez would succeed Castro as president of the re public. He had many suptiorters In the anti-Castro camp, chief among those In favor of bis candidacy being General Arango. the former minister of war, who worked earnestly to place Gomez In power. While seemingly Gomez lias ttceti an ardent supporter of Castro, he has maintained time and again thai he did not favor the foreign tiollcy of the government, declaring that the treat ment accorded the United States and France- was III advised and that be was not In sympathy with the conduct of Internal affairs. He even has expressed the opinion that be was not trusted by President Castro, although the latter gave denial to this by appointing him to fill the office of president while he himself was absent . BANKER SENT TO JAIL. Wealthy Man Convicted of Illegally Inclosing Government Lands. Fresno. Cal., Dec. 22.-8. C. IJllls, a wealthy banker and stockman of Le- moore. Cal.. was sentenced by juagi Wei bom In the federal court to sic months In jail and fined 91,000. IiUls was convicted of Illegally In closing government lands In the Can tua district, where he has large hold tags. FUNERAL OF ORLANDO J. SMITH Many Pay Last Honors to President of American Press Association. Tarrytown. N. Y, Dec 22. The fu neral of Major Orlando Jay Smith, president and general manager of the American Press Association, who died on Sunday at his home on the Hud son, took place today. A special train leaving the Graod Central station for Dobba Ferry took I large number of representative men from all part of the country as well as reprcsentatirea of all department! of the American Press Association. Simple services were held at the residence of Major Smith, and the In terment was In Sleepy Hollow ceme tery. Many handsome floral tribntear were sent by sorrowing friends and by the Loyal Legion and other orgaat aattons with which be was connected. BISHOP BTUUAID DYLWO. Head of Catholic Dlccea of Rochester Is Very Lew. Rochester. X. , Dec. 22. Bishop Bernard J. McQuald of the diocese of Rochester Is very low. and It la said that he may not live through the day. The strength of the aged prelate has been slowly decreasing, and this fore noon he was reported to be In a dan gerous condition. Bishop McQuald celebrated his eighty-fifth birthday last week. Early in the summer he went out to St Ber- nard's seminary, where be wanted to remain until after the dedication cere monies of the new additions to the seminary, which took place In August. ne recovered so well that he was able some weeks ago to return to the episcopal residence, where he has been since confined. Since then his vitality has become so weak that all hope of his recovery has been abandoned. QUEEN 10 GENERAL BOOTH. Her Majesty Hopes Salvation Array Leader Will Recover Sight. London, Dec. 22. Queen Alexandra's well known interest in the Salvation Army is emphasized In a telegram to General William Booth, commander in -chief of, that .boC.v, wVo was recent ly operated upon for a cataract The telegram follows: I have felt so much for you and hope the 01 K-ration will be successful. I trust you are getting on toward complete recovery and that the sight you need so much will soon be entire ly restored." General Booth's physicians are fully satisfied with his progress and believe that be will recover his sight. GATES AND DRAKE SUED. Railroad Wants $32,000 For Laying Raiis to Race Track. Exeter, X. H., Dec. 22. John W. Gates and John A. Drake arc defend ants in the su)erior court here. The defendants arc stockholders of the Xew England Breeders' club, a cor poration which constructed a million dollar race track at Salem, X. H and suit Is brought to enforce payment of $32,000 to the Iloston and Maine rail road for laying rails to the race track. The club's affairs were before the bankruptcy court soon after the dis mantling of the track, which occurred after the first race meeting was held, the authorities having forbidden the sale of pools. CORONER HOLDS PUGILIST. Death of James Curren During Boxing Bout Called Homicide. Philadelphia, Dec. 22. Itenjamin Barnett lightweight pugilist, was com mitted by the coroner charged with homicide In killing-James Curren dur ing a boxing bout at the Broadway Athletic club. Curren collapsed In the set und lound after a blow on the jaw and died be fore he could be taken to the hospital. The coroner's physician said that Curren's death was caused by hem orrhage of the brain and that his head had been bruised In several places. CHILDREN DIE IN FIRE. Burned to Death In Their Beds While Home It Destroyed. Ogdenslmrg. X. Y., Dee, 22. Two children of William Johnston, aged two and four years, were burned to death In their bed when the home was destroyed by fire. Their aged grandmother, Mrs Brown, and an aunt who were asleep down stairs, were rescued In an uncon scious condition. Mr. and Mrs. Johnston were away from borne at the time. ' BISHOP MICHAUD DYING. Prelate Taken III on Board Ocean Liner From Hamburg. New York. Dec. 22. The Right Ber. John 8. MIchaud, bishop of the Catho lic diocese of Burlington, Vt, hi dying here. He was a passenger oa board tlsa steamer Arsenica from Hamburg yes terday and was taken 111 oa board.