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rwiCE A-WEEK TELEGRAPH WEATHER FORECAST FOR GEORGIA FAIR TUESDAY, WARMER IN SOUTHEAST PORTION; WEDNESDAY PARTLY CLOUDY, WITH LIGHT TO FRESH WINDS. ” ESTABLISHED IN To2G. MACON, GA., TUESDAY MORNING, MARCH p, 1907. TWICE-A-WEEK. $1.00 A YEAR. NEW HIGH RECORD PUBLIC EXPENDITURES Appropriations of Clnrt Ses-1 -y of the | sit; n I hold of 59th Congress Biggest Yet. sion The Ship Subsidy Hunters Lost Out blfh and honorable po- If I should silently sit nd permit a member of this body, Irem his place on this floor, or h the columns of his publlta- to slander -and malign my peo- WASHINGTON, March 4.—With a Tlfw record for largo appropriations Ar-reaching legislation, the fifty- ninth Congress was brought to a clone shortly after noon today. The last few hours were clam, in fact tame by comparison with what had been ex pected. Long before noon. Senator Gallinger’r. fight for the passage of the ship subsidy bill had been abandoned, end the filibuster against it conducted by Senator Carmack being no longfer necessary, he surrendered the ” floor, touch to the di. appointment of the jrnllories. Before withdrawing the bill Senator Gallinger expressed the belief DVH'TDIO bhs.'iitKd FIGHT FOR REDUCED RAILROAD FARES PRESIDENT BARRETT, OF FARM ERS’ UNION, FILES PETITION WITH COMMISSION. NEARLY ENDED % ATLANTA, Ga.. March 4.—The fight in Georgia for reduction of passenger rates on all railroads has opened. A formal paper was filed with the rail road commission Monday morning by Charles S. Barrett, president of the National Farmers’ Union, and signed State President Duckworth and other State offie Adoption in Both Senate and House by Unanimous Vote, WASHINGTON, March 4.—The Senate today agreed to the conference report on the bill limiting the hours of service of railway employes as Notice was served some time ago ,iJP 0I1 -Ay conferees last that the Farmers’ Union would inaug- ~ * FERTILIZER TRUST U. S. SUPREME COURT RE VERSED ORDER FOR REMOVAL OF THE DEFENDANTS. TESTIMONY OF EYV/ATERS’ REL ATIVES WAS OVERRULED. CULPEPPER, Va., March 4.—Twen ty-four hours hence, the cases of James and Philip Strother, charged with the murder of William F. By-wa ters, their brother-in-law, will have gone to the jury. This was the situa tion at the close of today's session of tourt, when, In extended argument, both prosecution and defense had up held their respective contentions as to the guilt or innocence of the defen dants as contained in the forty-five in structions they presented, twenty-six that with the support of Democratic by the State and nineteen by the de members which he had been assured ; fense. of. ho would get action on a measure j Although the presentation of law, le- practically along the lines of the pres- net bill at the next session of Con gress. Extreme fatigue, due to continued slons In the House during | gal precedents and authorities ruled the day’s proceedings, they were pre sented without vital interest to the crowd which has watched intently the course of the trial. At the morning session the jury . , XEXXrrZ t ! heard Edward L. Gaines, brother-in- tne last week, had a dampening ellect , ]aw of tbe defendants, admit certain uj">n many Representatives and h , discrepancies in his testimony given usual excessive "last day enthusiasm i w ' th . inrv We »v. was confined to les membership. Despite these conditions, the audiences In both houses were as large as they' have ever been. Thous ands thronged the corridors unable to secure admission to either branch. Visit of the President. One of the interesting features In cident to the close of the Congress was the visit of President Roosevelt, who with his cabinet. White House staff and a number of guests, occupied the President’s room In the Senate ■wing. Seated at a big table in the' center of the room, he signed the bills tis they were enrolled and presented to him. On account of the dispatch with which business has been conduct ed during the past week, there were only lorty bills to bo signed today. The President was at the capitol for m- re than an hour. Ho devoted most of the time In visiting his cabinet, both the retiring and incoming mem ber; being present and in presenting them to personal friends of the Sen ate and House. Retiring Senators were received graciously and without exception the President expressed re gret that these law mnkers were to tiic service of the country. Es- of &.n T.i th. I before the coroner’s jury. He tnan nair me , p| a j ne( j t b a t these discrepancies were due to “An excitable and nervous na ture.” and that his memory may have been faulty v.-hen he testified at the inquest. j Mr. Gaines was called by the prose- i eutlon with the intention of drawing ! from him certain information as to ; whether or not the window in Mrs. i Viola Bywaters’ bedroom, through ! which Bywaters is claimed by the de- , fense to have been fleeing when he was shot, was open or closed on the night of the tragedy at “Rotherwood.” He admitted today that his previous tes timony had been to the effect that the , window was closed, but qualified his statement by saying that It may have j been opened by Bywaters when ho | (Gaines’ left the bedroom to go to the lower floor. He declared that Bywa ters leaped through the window with- : out interruption, indicating that the window was open as has been stoutly j contended by the defendants. "What- | ever may be the effect of Mr. Gaines’ : testimony intending-- to discredit that given by previous witnesses. Judge J Harrison said that he would Instruct : (he jury to treat it only as far as it I actually contradicted the witnesses’ j original statements and not as weigh ing against the testimony of the ac- ‘ cused. Mr. Gaines’ testimony was the more ’mportant of the day, both in its peclally warm was his reception Senator Spooner, who has just an nounced his voluntary retirement. When the members of the committee ^ ^ which whited on him with the infor- j bearing on the case and from the spec ulation tbat Congress was read> to tators’ point of view, n ljourn had delivered their message. ; judge Grlmsley. an uncle of Bywa- •ho President thanked them for the , ( n . s> jrrs. Bessie Triplett, the dead Jaws that had been enacted, but tie | K i s ter, and James Clark, his col- added with a smile that he still nau > prod driver were put on the stand, but snvcral bills that would be heard front I testimony was objected to by the In the future. Tills amounted to goou , defense, and the objections were sus- natured but direct notice to Congress urate this fight, but this is the first tangible move In the matter. Judge J. K. Hines, of Atlanta, has been em ployed to argue the case before the commission when a date is set for a hearing. Secretary Montgomery, of the com mission, will notify all the railroads of j the filing of the paper, and acknowl edgment will be mailed to President Barrett. The next meeting of the commission will be held March 14. and It is probable that the paper will be taken up then and a decision reached as to what direction the matter will be given. The petition of President Barrett and others in full Is as follows: Barr.esville, Ga.. March 2. To the Railroad Commission of Geor gia, Atlanta, Ga. Gentlemen: Believing that the pres ent passenger rate of three cents a mile in this State is too high, and that there ought to be a reduction thereof, we write to ask you to consider this matter, reduce the present passenger rate, and make such a rate as will be reasonable and just both to the rail roads and to the public. We believe that the present passenger rate can be reduced and ought to be reduced. We -believe that this should be done in justice to the public and would sug gest that you take into consideration the adoption of the two-cent rate so generally fixed by various* States dur ing the past few months. We do not wish to be unfair and un just to the railroads. It is in this spirit that we ask you, in behalf of the farm ers of Georgia, to consider the pres ent rate and to reduce the same to such a point as will be both reasonable and just to all parties at interest. Tours truly, C. S. Barrett, President National Union. J. G. Eubanks. Business Agent, Georgia State Union. J. L. Lee, Organizer Georgia State Union. R. L. Duckworth, President Georgia State Union. J. L. Barron. Secretary and Treas urer, Georgia State Union. night. The House also agreed to the report of the conference and in both houses the adoption was by unanimous vote. The agreement limits the daily ser vice of railway telegraphers to nine hours, with a provision that the re quirement may be extended as to any particular eases when a proper show ing is made to the Interstate Com merce Commission. The President signed the bill at the capitol. Honduran Troops Win Signal Victory on Frontier. R. COMMISSION GETS TELEGRAM FROM PHINIZY that he had not abandoned the several recommendations for legislation which had not met with congressional favor this season. Fairbanks and Cannon. Vice-President Fairbanks and Sepakor Cannon received the thanks of the hilnority for the impartial man ner in which they had presided over the deliberations of the two houses, »nd both of these officers . made speeches expressing gratitude at the -words of approbation. A feature of the House session was the presenta tion of a club silver service of 300 rieces to Gen. Grosvenor. by liis col leagues of the fifty-ninth Congress. Speeches of regret at the veteran Ohioan’s retirement were made from both sides of the chamber. in add.lion to the songs and stories that usually mark the close of the session, there was a beautiful picture formed by the entire House rising and waving flags and singing "My County, •Tis of Thee" as the gavel fell at 12:15 p. m. In the Senate the last of the pro ceedings was the speech by Vice-Pres ident Fairbanks, prior to adjournment at 12:13 p. m. His remarks were ap plauded by the thousands of visitors and the applause continued as the audience \\ tehed with interest the farewells of the Senators on the floor. Peonage in the House. Peonage was the first subject brought to the attention of the House, when it was called to order at 9:30* today. Representative Jenkins, of Wisconsin, chairman of the House committee on judiciary, had read a resolution by K. presentatlve Clark, of Florida, in which information was sought con cerning tlie action of the Department of Justice in sending special attorneys to Florida in connection with pejnage ■ cases there. A letter from Atty.-Gen. I Bonaparte was aiso read and In it the j department’s work was reviewed. Rep- i resentative Clark, of Florida, made a | bitter attack on newspaper accounts of peonage in his State, which he said i w ere wholly untrue unfair and un- j just. In this connection he referred to I publications owned by Representative j llearst. of New York lained. Judge Harrison stnted at ad journment that his charge to the jury would be delivered some time tomor row. CANN AND HOHENSTEIN HAD INTERESTING DIALOGUE ATLANTA, Ga.. March 4.—A tele gram was received at the office of the Railroad Commission Monday morning from Hon. Jacob Phlnizy, president of the Georgia Railroad and Banking Company, also chairman of the inspec tion committee of the lessors, inviting the commission to join with them this week in the committee’s annual in spection of the property. He stated that the committee would be glad to begin the tour from At lanta Wednesday, the date the com mission has named to begin Its inspec tion. and place every facility to their hand to make it easy and thorough. President Phinizy aiso stated that the committee would have an expert along, and he would be glad for the commission to have advantage of his experience and observation. None of the commissioners was at the capitol Monday, and will not be until Tuesday, but Secretary* Mont- SAVANNAH. March 4.—Charles G. Hohensteln, formerly a justice of the peace. recently had indictments , -—. against him dismissed. They had gomery stated that the telegram would territory ceded to Honduras by the NEW ORLEANS, March 4.—The following dispatches, covering recent fighting between Honduras and Nica ragua, were received today by the Associated Press, via steamship from Puerto Cortez. Honduras: “San Marcos, (Honduran frontier) Feb. 20: Nicaraguan troops set an ambuscade on Honduran territory near the frontier, but were driven out by. the Honduran forces. Nicaraguan loss fourteen killed, forty wounded; Honduras, two wounded." • Honduras Army 18,000 Strong. “Tegucigalpa, Honduras, Feb. 24: Gen. Lee Christmas, (an American, formerly living In Memphis, Tenn.,) and Gen. Barahona, with 2,000 men marched for the frontier of Nicara gua today. Thirty-five hundred sol diers have arrived at the capital from the western department of Gracias Intubucua and Copan and are being uniformed and equipped. The sol diers are the famous fighting Indians called ‘Graclanas,’ men of great valor and endurance, who remember the sacking of Cholutea by Nicaraguan troops in 1S94 and are enthusiastic for war. When this force arrives, Hon duras will Have on the border between 15.000 and 18,000 troops. A reserve of 15,000 will be rapidly organized, the entire fighting force of the country be ing called on.” No Real Fighting Occurred. “Tegucigalpa, Feb. 26: No engage ment of importance has occurred within the last few days, only skir mishes being fought. Account" of the close proximity of both armies, se rious encounters are looked for daily.” "Puerto Cortez. Feb. 26; A late report from the capital says that the following terms of peace have been presented to President Zelaya, of Nic aragua. by President Bonilla, of Hon- dusa. and refused: First—Immediate surrenger of the grown out • of his administration of the affairs of his office. Nearly all the members of the grand jury had petitioned for the dismissal of the in dictments. A succeeding grand jury recom mended to Judge George T. Cann that he appoint Mr. Hohenstein as magis trate. Judge Cann declined, without stating bis reasons. Today Mr. Hohenstein filed a petition to have Judge Cann formally decline to act upon the recommendation. Judge Cann acquiesced and he and Mr. Ho henstein had an interesting dialogue. Judge Cann has never given his rea sons. saying he did not want to say why he would not appoint Mr. Hohen- s:cin. Since the latter is going to take the matter to the Supreme Court, however, the judge says he will not hesitate to tell just why he does not think Mr. Hohenstein should be ap pointed. {be placed before them then, and it was up to the three composing the body to accept or reject the proffer as they saw fit. SOUTHERN’S FLYER WRECKED YESTERDAY tele; Ida. ad he ernor Flor- JOHN ARMSTRONG CHANLER’S PETITION WAS DENIED. WASHINGTON. March 4.—The Su preme Court of the United States to day denied the application of John Armstrong Chanler, formerly of New York, but now of North Carolina for a writ prohibiting the New York courts or their officers from molesting or ar resting him while on a contemplated visit to New York, which Mr. Chanler desires to make for the purpose of prosecuting a suit which he has insti tuted to secure the restoration of his property, now in the hands of Thomas T. Sherman as guardian. The prop erty is estimated to be worth about one million dollars and was turned over to Mr. Sherman ten years ago ns the result of the proceedings to test Mr. Chanler’s sanity. ATLANTA, March 4.—The Southern Railway's flyer from Washington, due here at 4:50, was wrecked shortly aft er 5 o’clock this morning near How ell's Station by colliding with a freight train. J. C. Blodgett, a mail clerk and brother of Postmaster Blodgett, was injured in the hips. W. E. Mitchell, another mall clerk, was severely bruised and shaken up. j The freight engine struck the pas senger a glancing blow, at a cross track, and both engines were badly wrecked. A wrecking crew has been nearly all day getting the line cleared. decision of the King of Spain. “Second—Resignation of Zelaya as president of Nicaragua. Third—Expulsion from Honduras of hostile emigrados from Nicaragua. Fourth—Payment of Honduras war expenses to date.” FINE YOUNG SCOTS COMING TO GEORGIA ATLANTA. March 4.—Commission er of Agriculture T. G. Hudson re ceived a long letter Monday morning from James A. Strachan. the special . . ...... . , .. , .. Immigration agent to Scotland for ! with the Hargls case in wihch the KENTUCKY JUDGE WITH MILITIA GUARD LEXINGTON, Ky., March 4.—Ac companied by a company of State guard from Lexington and a portion of the Frankfort battery, Judge William Carnes will go to Jackson tomorrow to preside at a special term of court to try Judge James Hargis, charged with the assassination of Dr. B. D. Cox. In case of the anticipated court room fight it is belie.ved Judge Hargis, his at torney. W. A. Young and prosecuting attorney. A. Floyd Byrd, may be killed. Byrd said today that he would he killed if such a fight occurred. The town of Jackson, he said, is full of excited mountaineers. The trial of B\ Fuiton French. John Smith and John Abner, charged with the assassination of James B. Marcum, during the Breat hitt feud trouble, was set for today at Beattyville, but it will be continued until July as a trial now would con- WASHINGTON, March 4.—The fer tilizer trust cases, involving the right of the United States to compel the removal of indicted officials of the fertilizer companies constituting the alleged trust from Virginia to Ten nessee for trial, were decided today by the Supreme Court of the United States adversely to the Government's contentions, the decision being deliv ered by Chief Justice Fuller, who held that the United States Circuit Court had erred in holding that the indict ment was sufficient to secure the re moval of the cases without regard to the evidence. The result was the re versal of the decision, by the United States Circuit Court for the eastern district of Tennessee. Chief Justice Fuller said that the Su preme Court had never held that in re moval cases the indictment of a person was sufficient to secure his transfer from one jurisdiction to another. “And,” he added, “we now hold that it is not.” He proceeded to say that removals should only be order upon showing suf ficient cause for such a course: that this could only be done by scrutiny of the evidence, and that to refuse this investigation Is a denial of the right guaranteed by the Constitution. The Court, therefore, reversed the order ft the Circuit Court of the removal of Tinsley and the other defendants to Tennessee, and ordered their discharge, but without prejudice against future proceedings in the case. The fertilizer trust cases have at tracted much attention and been fought stubbornly by hoth the Government and the trust officials ever since the beginning of the proceedings last May. There were eleven cases before the court, and all arose out of indictments returned by the Federal Grand Jury for the Middle District of Tennessee, sitting at Nashville, which charged the defendants with conspiring to regulate the price of fertilizers in the States of North Carolina, South Carolina, Flor ida, Mississippi, Louisiana and Ten-- nessee, in violation of the anti-trust law of 1890. It was charged in these indictments that the combination con trolled 90 per cent of the fertilizer pro duct of the country, and that through the Colonial Development Company as a common medium prices were fixed and the amount of sales regulated, the result being a cost in the aggregate of not less than $4,000,000 to the farm ers in the States mentioned in excess of what it would be under a system permitting free and unrestricted com petition. There were twenty-five indictments against the officers of the fertilizer companies, but only eleven of them have reached the Supreme Court. These were the cases against James G. Tins ley, president of the Marietta Fertil izer Company of Georgia; Wm. DeC. ! Kessler, secretary and treasurer of the Goulding Fertilizer Company of Great Britain; Samuel T. Morgan, president, and Fortescue Whittle, vice-president, and Frank E. Wilcox, agent and man ager of the Virginia-Carolina Chemi cal Company; J. Rice Smith, president of the Georgia Chemical Works; Aus tin B. Carpenter and Charles H. Mc Dowell, agents of Armour & Co., of Chicago: George Baden, president of the Federal Chemical Company of Del aware and Kentucky; and Frank S. Royster and Charles F. Burroughs, of the Royster Guano Company of Vir ginia. It was charged that the goods were shipped from various places in Kentucky, Virginia and Illinois. The indicted men have been on bail, pend ing the Supreme Court’s action. The proceedings which terminated today were merely preliminary, and did not go to the merits of the case. When taken into custody by the Vir ginia Marshal, the defendants appealed to the United States Circuit Court for writs of habeas corpus on the ground that the Tennessee court, under the Constitution, was incompetent to try them for an offense which had not been committed in that jurisdiction. They contended that no offense had bean committed against the laws of the United States, but urged that even if there had been such offense, it had not been committed in Tennessee, where none of them lived. DR. WAGNER DEFINED HARRY THAW’S INSANITY JOHN D. TU MAKE ANOTHER BIS GIFT CAUSE OF EDUCATION WARDED AGAIN. NEW YORK, March 4.—A.remark which John D. Rockefeller made to several reporters before starting for Augusta, Ga., today led to the publi cation of a report that he contemplates another large gift to the cause of edu cation or philanthrophy. In excusing himself to the reporters Mr. Rockefel ler said: “I have matters of great im portance to discuss with my son, mat ters of more importance to the public in the future than any chance remarks I might make just now.” “Do you mean that you contemplate the announcement of another bequest to the cause of education?” was asked. "All.I can say.’’ Mr. Rockefeller re plied, “Is that I have something in mind which I believe will be of great benefit to the public.” Mr. Rockefeller left Jersey City on the Palm limited at 12:30 o’clock. Just before the train left the station Mr. Rockefeller said to the reporters: “I Believes Thaw’s Insanity Has Dated From Evelyn’s Sto- j ry in Paris. ' r Mind in State Of Dementia Praecox NEW YORK, March 4.—A long stride forward in the trial of Harry K. Thaw was taken today when Dis trict Attorney Jerome announced that his exhaustive cross-examination of Dr. Britton D. Evans, one of the alienists for the defense, had been concluded. Dr. Evans had been -under fire since Wednesday morning last. He was im mediately succeeded on the stand by Dr. Charles G. Wagner, of Bingham ton, N. Y., who accompanied Dr. Evans on most of his visits to Thaw in the Tombs. Mr. Jerome indicated by his questioning of Dr. Wagner that lie may conclude with the witness tomorrow. Mrs. William Thaw is expected to bo the next figure in the witness chair. , ,, „ . , . , With Mrs. Thaw’s testimony in. the de- am going to visit Mrs. McCormick in fense wiu practically have completed Augusta. My wife is very much bet- ! its ca8e> . an(1 it see ms likely that the ter, I am glad to say. and that is how state's case in rebuttal may begin be- I am able to get awy 1 may stay fore the ond of the week . J with my daughter ten days or two Just what District Attorney Jerome weeks, or Possibly longer This is ac- , wi| , be abIe t0 prove on rebuttaI rc _ corning to how Mrs. Rockefeller feels, mains quite as much of a mystery as After that I shall return to Lakewood. A DI CAUGHT IN PITTSBURG PITTSBURG, Pa., March 4.—Mar shall P. Parker, a negro, was arrested here last night on a description fur nished by the authorities of Trenton, N. J., where he is alleged to have com mitted a $10,000 diamond robbery. Parker was arrested here about a year ago as a suspicious person, and sent to the work house for ninety days. After a few days he was released on a technicality. NEGROES KILLED IN RIOT AT HOT MULLET SUPPER. AMERICUS, Ga., March 4.—-Coroner Duckworth, of Sumter, was called to the Stallinger plantation, near Amerl- cus, this morning to investigate a wholesale shooting among negroes at a mullet supper Saturday night. More than a hundred pistol shots were tired among the black revelers, with the re sult that one or two were killed out right and others perforated to less se rious extent by the flying bullets. The exact extent of the shootfest will not be known until tho coroner returns here tonight. No arrests have been made, as the shooting was participated in by a large number of the revelers and must have been general. RIVER WASHINGTON. March 4.—The Weath er Bureau announced tonight that flood warnings have been issued for the lower Tennessee River. POOL SELLERS RAIDED AT HOT SPRINGS nent attributed t The resolution ’•To deal mt. It . him in a mas vas taWfd w; In referring ants. Mr. Ch i ‘muckraker’ tt no ti ijret able to engage in disputation ,i:h that product of our present day ivilization known as ‘yellow journal- *m.’ whjch for a few pennies and an pportuijity to keep in the limelight oos not hesitate to calumniate an en- ire community. Rerpects to Hearst. -It is disagreeable becaus V CAN’T USE AMERICAN FLAG TO ADVERTISE» ■t that cha ques of the Lion is sr and WASHINGTON. March 4.—That the States may pa-- aw- prohibiting the us of ;:.e flag of the United States for advertising purposes was declared by tha Supreme Court of the United Sta: today in deciding the case of Nicholas V. Halter and Henry V. Hay ward. coming to the court from the Supreme Court of Nebraska. Halter and Hayward are engaged In the liquor cutetT under a law of the Georgia, who has been abroad for five months, stating that on February 23 eight fine young Scotchmen sailed for Savannah. Mr. Strachan says that another par ty is now planning to leave Scotland about March 9. His letter deals large ly with the work he has undertaken and points out the difficulties now facing for lack of funds to prose cute the work properly. He outlines a plan lie has under way now to send over a ship load of 500 first class immigrants in May. really high grade pee; le who want to come to Georgia to -locate. Among them will be a large number of Scotch girls who would seek domestic positions. same witnesses appear. Sta lima "ior- I do,-i e a ! T. e tied the k n > u humble But be that m I would be un- lies. Justice Pec in upheld th« the flag V power, ag emblem indigni- iiain dissented. BOWDRE PHINIZY DECLINES TO GO ON INSPECTION ATLANTA. March 4.—Through his ; attorney, Austin Branch. Hon. Bowdre Phinizy. of Augusta, has declined the offer of the Railroad Commission to join with it Wednesday in the inspec tion of the property of the Georgia Railroad, which is to be made in compliance with Mr. Phinizy’s com- His declination is based on the idea that the commission does not set forth how long it Is to be engaged in the inspection, how thorough it is to be, and because they sta;e that there are r.o funds to employ an expert to take with them in the work. fir. Phinizy says that inasmuch as it is impossible to make an adequate inspection within such a .brief time, as it U evidently the purpose of the commission to devote to it. he does not care to enter into it. He also objects to the idea of invit ing not only the officials of the Geor- gia Railroad and Banking Company. he is i but the lessees as well, and says that the only "party’’ to the complaint now is himself. He also says that it would be childish to attempt to make the inspection intelligently without an expert. Mr. Phinizy winds up his communi cation by asking for a special hear ing on the matter on March 13. The matter will be taken up by the com mission Tuesday, and proper reply made to Mr. Phinizy. THE ROCKEFELLERS GO TO AUGUSTA, GA. LAKEWOOD, N. J., March 4.—Mr. and Mrs. John D.. Rockefeller are leav ing here today for Augusta, Ga., to visit their daughter, Mrs. Harold Mc Cormick. who is ill at a hotel there. Mrs. Rockefeller, who, by the way, has entirely recovered from an attack of grippe, is greatly concerned over her daughter’s condition. Mrs. McCormick has not regained strength since the birth of her baby, and for several months she has been under the care of a physician and a nurse. Mr. and Mrs. Rockefeller have planned to bring her to Lakewood. HOT SPRINGS. Ark.. March 4—The constable of Hot Springs township, with a force of deputies and acting under the provisions of the recently enacted Amis law, forbidding pool sell ing, invaded Oakland Park today, ar rested five bookmakers and put an end to open betting, for the day at least. For the rest of the day the Pennings system of betting, using badge num bers for identification, was resorted to. THE CENTRAL WRECK CORONER TIONS SOUGHT RECOMMENDA- AS TO INDIVIDUALS, BUT FAILED. ever. He complained today in seek ing a 'broad interpretation of the rules of evidence by Justice Fitzgerald, that if he should call any of the defense’s alienists in rebuttal they might re fuse on the ground of professional privilege to answer any questions put to them. This seems to' indicate that Mr. Jerome's threat' to call Allen Mo a Lane Hamilton in rebuttal carries with it the possibility that Dr. Hamilton may not testify, for at the time lie made the examination of Thaw in the Tombs he was In the employ of tho prisoner's oounsel. It is not yet exactly clear to tho lay mind to what extent the District At torney can go in disproving Mrs. Eve lyn Nesbit Thaw's testimony. Dr. Evans left the witness stand subject to call for redirect examination. The witness protected the interest of the defense quite keenly throughout his cross-examination, and at all times ap peared a match for the District Attor ney. Dr. Evans today, however, ad mitted that Thaw had an insane knowl edge of what he was doing on Madi son Square Roof Garden on the night he shot and killed Stanford White. . The New York statutes prescribe that to be exempt from punishment for crime an insane person must be so demented that they do not know the hauire or quality of his act, or to know that his act is wrong. Tn ex plaining Thaw’s actions subsequent to 'the shooting—his quiet demeanor, his directions as to what should ho done with his wife and who should ho sent for—Dr. Evans declared that as soon as the defendant shot Stanford White the brain storm subsided and his senses began to reorganize them selves so that the man knew quite well what he was about. He also knew he was attacking Stanford White when he shot. Dr. Evans ad mitted, but the knowledge was that of an insane man. and tho act was tho result of insdne reasoning. Dr. Wagner also declared that Thaw had irrational knowledge of what was transpiring on the roof garden. He believed the man’s insanity dated from the time Evelyn Nesbit told him her story in Paris in 3903. Dr. Wagner created quite a stir in court by using the present tense in responding to a question by District Attorney Jerome as to what form of insanity Thaw has or had. Dr. Wagner declared Thaw "is suf fering’’ from symptoms which lead to ward a melancholic state and a state of dementia pracecox. When asked to describt the latter phase. Dr. Wagner said it covered such a wide field of dementia as to be difficult of strict definition. Dr. Wagner declared Thaw’s condition of mind at the time of the shooting was the result of one of the insanities of adolescence. He would not go further than this in an attempt to classify the..exact form. The district attorney again contin ued his somewhat puzzling tactics. His questioning of Dr. Evans seemed to have the purpose of showing that Thaw never was insane to the extent contemplated by the criminal statutes of this State. Again with Dr. Wag ner he pointed toward the same end at one time, and at another seemed j desirous of having Dr. Wagner admit I Thaw was suffering from forms of :n- | sanity which might not be incurable, j Dr. Wagner was still on the stand when court adjourned until tomorrow. G., F. & A. R. R. SUFFERING FROM FREIGHT BLOCK. NEW YORK, March 4.—The jury in the Corner’s inquest into the New York Cen tral wreck in the Bronx on February 16. when 23 persons were killed, brought in a verdict tonight holding the operating and construction departments of the railroad responsible. The Coroner endeavored to get a recommendation as to individuals, but did not succeed. He then declared he would hold the entire board of direc tors and the president of the New York Central and parol them until 10 o'clock tomorrow morning. iLL FIGHT CASE , GUT BEFORE JURY THE PROSECUTION CASE RESTS IN THB AGAINST CHARLOTTE MILL MEN. BAINBRIDGE. Ga.. March 4.—For the past week or ten days the Georgia. Florida and .Alabama Railway has had — ■ GREENSBORO. N. C., March 4,-ttTen the worst freight block in the history STRIKE OF THE FREIGHT District Attorney Holton, at 4 o'ck tills of the road. The yard in Bain-bridge j CONDUCTORS ON G., F. & A. R. R. • afternoon rested the case for the Gov- is full of cars, and there are more than | I erntnent in the penalty suit against E. A. two hundred in West Bainbridge, while ! BAINBRIDGE, GA.. March 4—On j Smith and Sumner Sargent, ttyo of the every siding from Cuthbert to Bain- “Ued with loaded cars. The I sn 1'“- ^*.. - - — — -* . at- ROBT. A. KEITH CHARGED WITH IMPROPER LETTERS March 4.—Robert A. few years ago kiiled •e on account of Keith's was pardoned from a n the penitentiary only Lgo, is in tnuble again, ted Saturday on com- I - I ATLANTA I Keith, who j Jesse Wall 1 .' wife, and w j life sentence | a few week- He was arr ! plaint of Mrs. Rose akhkapbach, who said K-:i:h had been writing improper letters to her. Keith has been stay ing at the boarding house where Mrs. gchiapbach boards, with his little daughter. Keith alleges an effort to debauch the child, and has threaten ed to klU several people, including Mrs. Sch'apbach. The matter will be thrashed out in police court. March 4.—On Smith last Friday not a freight train moved charlotte mill men charged with violat- bridge is filled with loaded cars. The 1 ° n the G.. F. & A. Railway. Owing in( . the immigration act. there was not G. F. & A. began Monday untangling* 10 the binck on the roaa every one at- [ tbe slightest intimation of a motion to the blockup. They have secured three ' tributed the trouble to this cause, but ■ non _ sujt bv COU nsel for tne defendants, additional engines and if is hoped that ; the real cause was an entirely un- L jngtead they called their first wit- the road will be clear in a few davs. 1 premeditated stn.-e of the fre.gru con- | nes . Attorneys for the mill men say they ductors. The trouble began wnen one | gj, bt tb ,. ca;! o out before the jury of the conductors turned in eight hours’ "over time," and it was struck from his time. He was ordered to take his run out the next day. but re fused to do so. Each conductor in the employ of the road was ordered on the run in his turn but every one refused. The yard conductor, when ordered to take the rim. refused and qui The existing state of affairs has work ed an unu c ual hardship on the whole sale people 6f Bainbridge. and has caused a feed famine in the city. For the past week there has not been in Bainbridge a sack of oats, a bale of hev or a sack of corn. The jobbers all had these commodities in transit, but owing to the block they were unable to get their cars. Many of these cars have been located in the sidings be tween here and Cuthbert and some of them are in West Bainbridge. There probably bv 50 or more witnesses intro duc'd by the defendants and most of the number will testify as to tbe great scarc ity of cotton mill operatives in the South. Sumner Sargent, one of the defendants, testified today and said in the mills over which lie has control there was a lack of 15 per cent of enough labor to operate his mills last year. Others will testify eager conductor, who had an off day. j ^heT-fn witnesses for the Government was ordered to take the yard, and \ thi? m0 . n |. c wf , re Albert Hibbert. of Fall JIM SMITH SHORT STOP FOR CHARLESTON THIS YEAR CHARLESTON. S. C- March 4.—James .a. Srr.!th, who played stort stop for Memohis last season, has been sicned by }fnna<?er Matthews. He is the latest addition to the Charleston team. Smith sMd to be a first-class fie’der. Mat- t^ovr* s'I T opt *!• ‘---n 1 v rele sing: Infielders Sullivan a^d Crow- rivr. Th- piav r.- wiix commence to a:-r*.e next Saturday and will at once start practicing. knowing nothing- of the trouble, he I Riven' Mass., general secretary of the went to work. As soon as he heard j American Textile T’nion. and John Gold- of the ‘■-tate of afT.iirs he telephoned en. president of the organization. They for some one to take the place, and he i said there were thousands of operatives o’lli When everything was a* a I O'.r of w-'rk in f*ek En-Jand. wno would qdlt -, ,„ nen -• e ' - • > lnln s ' , I come South if the hours were not so standstill and no one could be found i lons in the mi n s and the scale of wages to take a train out the conductor was low. These operarTvc-s wouPT set tho allowed his over time and everyone idle machinery to work -.ml there would went back to work. I be no necessity for firinging_the nSens. This matter was rumored about th ‘ city Friday night. The officials of the road, when seen about it and question ed stoutly maintained that th ro was . nothing to it. and that they had heard - qf nothing of the sort | -that Go this State, who commissioned T. M Cos tello. the missing defendant immigration agent, may be called upon to testify on behalf of the defendants. It will proba- b’v V>~ the mlddl- of -.ext week before the case goes to the jury. indistinct print