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swowwa VOL. XXXVI. NO. 15. GIGANTIC RAILWAY TRUST DEALT STAGGERING BLOW St. Pa April 9.—Tho position of th' -nited States government in the suit 'brought against the Northern Securities t’”:np.iny. the Northern Pacific, the Great Northern railways, and indi ’ual offi cials and directors of thosr «1/». v..is sustained in the decision ' ' 4 Oj». d-’wn in the United States circuit t- Os appeals in this city today. The case was originally brought in the United States district court here, but tinder a special act of congress was taken at once to the court of appeals, hich court was to expedite the hearing find decision of the case in every man ner possible. The taking of testimony in this < ity and in New York lasted for Several weeks and the arguments in St Louis before Circuit Judges Caldwell. Sanborn. Thayer and Van Deventer took several days. The decision of the court x\,:s written by Judge Thayer, and fil’d in this city, where the original action was instituted. An appeal to the United States supreme court will be taken immediately. All four judges concurred in the conclusions of the court, which tA“re stated by Circuit Judge Thayer Summary of Opinion. Judge Thu' er. in the opinion, recites the V tition which was brought under the anti-trust act of 1593, and adds that under the a < t of February 11. 1903, this case being of "general pujjlin importance” has b'—n given precedence over others, and In every v. iy expedited. It is declared that from the admissions of the plead ings the matters of fact are that the roads were parallel and competing lines; that they had jointly secured control of the Burlington line; that in 1901 a hold ing company had been formed by large owners of the stock of the Northern Pa cific. and Great Northern railways, by which new company large stock interests h id been -icquired at an agreed price, and is-- ■ ourt holds that “the scheme which ■was thus devised and consummated, led inevitably to the following results: 1. it placed the control of the two r-ads in the hands of a single person, to w>t. the So urities company, by virtue of its ownership of a targe majority of the Ftork of both companies. 2. It destroy ed every motive Mr competition betweep two mads engaged in interstate traffic, which were natural competitors for busi n*'«s. by pooling the earnings of the two r- ads for the common benefit of the stock holders of both companies; and. according to the familiar rule, that every* one is pre sumed to intend what is the necessary’ I com?, .nienop of his <«wn acts, when done "■ • i -i d«' hr; it- ’y, we mus* c»n » b that fho«e who conceived and ex r 'tr-d the plan aforesaid, intended, .among o:her things, to accomplish these oh- i jects.” Merger and Anti-Trust Act. On the point whether the present case comes within the inhibition of the anti trust act. the court db-eusscc the mean ing >-f th*- word trust as used in the act. led adds ♦hat corgress “was careful I * declare that a combination in any frther f- rm if in restraint of interstate tr .de or commerce, that it. if it directly n- asinned or effected such restraint, should likewise he deemed illegal. More over. in cases arising under the act. it has been held by the highest judicial au thority in the nation and its opinion Las b’on reit« rated in no uhcert iin tone, that tl • rot applies to Interstate carriers of freight and passengers as well as to a! ether person... natural or artificial; tnat th*' words ’in restraint of trade or com merce do not me an in unreasonable nr partial restraint of tr ade or commerce, bit any dire* t restraint thereof: that >n agreement between ampeting rail toads. which requires them to act an con- j cert in fixing the rate for ine carnage of passengers •>: freight over their n - fpect:v<- lines f>m one state to another. ! nml which, by that means, restrict., tern- • porarily the right of nnv other of stu n I carriers to name such rates for the ca r - I ri.ige of such freight nr p o\ • i ■ i s road, as it pleases, is a contract in ’ nirert restraint of comm'rre. within the 1 nr aning of the act. in that it tends • • prevent competition; that ft mattets not | whether, while acting under such a cor- | tract, the rate fixed is reasonable or uh- I reasonable, the ' :<-e of such a * ontrart or combination being that it confers the I power tn establish unreasonable rates. . and directly restrains commerce by plac ‘ ing obstacles in the way of free and un- ! i •-strioted competition between <arri<»r.< who are natural rivals for patronage; and finally, that congress has the power, und*r th' grant of authority contained in the federal constitution, to regulate com merce. to say that no contract nr enrr bination shall be legal which shall i> - strain interstate trade nr commerce to ‘-hutting <»ff the m < ration the genera! !a »• of competition. In Restraint of Commerce. ‘Taking the foregoing pronositions sot granted, it is almost too plain for argu inent, that the defendants would hn\e violated the anti-trust act if they' had done, through the agency* of natural per rons, what they hav< accomplish’d through an artificial person of their own creation. That is to say. if the same in dividuals who promoted th* s« urities company, in pursuant of a p? -\ io ; »s un derstanding or agreement*, so to do. had transferred their stock n the two rail road c*»mpanie.s to a third pa: : y . o: pa: ties, and had agreed to induce othci FUfiieholders to do lik* wi l -- . untii a ma jority of the stork of both companies l ad been vested in a single Individ .al or pssociation of indixiduals, a..<i iiad em -1 powered the holde r or holders to v«d< ;hc stock as their own. receive al: ihe j.vidends thereon, and pre rate or «.i\iu« them among all tin sto<-’«hobier.< •-f the , rcmpanles, who had transferred th* ir Ftock. the result would hav. i»< • n r com / bins lion in direct restraint of inierstau commerce, because it would nave pid< ■ u / zn the hards of small ’’oterie of nen the power to suppress competition b« - tween two competing interstate carriers, whose lines are practically paral -i. “It will not do to say* that, so long 8s each railroad company has its own board of directors, they* operate inde pendently and are not controlled by the owner of the majority of their stock. It ir the common experience of mankind that the acts of corporations are dictated ami that their policy is controlled by those who own the- majority of their stock. Denounced as Illegal. “What has been done fhrough the or ganization of the company accomplished the object which congress has denounced as illegal, more effectually, perhaps, than such a combination as is last supposed. "Again, it is urged, tentatively, that if the existing combination, which the gov ernment seeks to have dissolved, is held to be one In violation of the anti-trust act and unlawful, then the act unduly : iPIERPONT MORGAN SAYS j : HE’LL FIGHT DECISION t S Y • •**9 j ® ' i A’ YORK. April 9. .1 Pierpont Morgan said: • j [\ * Until I sop the full text of the decision I should not care tn express • • an opinion on it This much is certain, however, it will not rest • where it is. • • “The question of the right of two nr more railroads to be operated by’ a. • i • holding company will he taken tn the United States supreme court at • | J Washington. Instead of looking upon the decision of the court today as a • • blow tn railroad enterprise, I should say that the reverse is the case. Cap- * • ital all over the country is anxious to know its rights in the matter of rail- • road construction and operation. Railroad men want to know where they • stand. • • “The deri«ion tndav is iu.= t one step closer to a decision from the United • • • • States supreme court, which will be final. f<»r even if the Northern Securi- • • ties had won today, the governments attorney would probably have ap- • e pealed. • “The question was of sn-h importance that an appeal was assured no w ? matter who won. These facts are plain Both railroads held by the North ? • ern Securities Company still cxiM and are doing a good business. ? “When railroad men know exactly' bow the law is t • be interpreted, • • they will probably find good ways to see that properties are operated • • economically and profitably • A conference <«f leading financiers wa.s held this afternoon in the offi. n • • of J. p. Morgan Co. to discuss the details of the decision and its bearings i upon railroad properties in the future. « • President J J. Hill, of the Northern Securities Company, went to his ® • New York offi* e this afternoon, where he was in conference with W. P • • Clough, general counsel, and fourth *’icr president of the company. Prcsi- • • dent Hill made this statement: • “All I ran say at this time is that the roads of the Northern Securities • Company’ are showing good earnings, the properties are paid for and they' ? ; 4 cannot be taken away The derision, as 1 understand t, does not dis- • I f turb the ownership of th« property ” J , • Ex-Judge W. H Moore, who is one of the dominant factors in th n Reck • • Island Company, is quoted as saying: * * “The derision in the Northern Seruritles rase will in no way affect the « « Rork Island Frisco deal. They are not competing lines and the two cases t ? are in no sense analagous.” * • MONOPOLY IS DEFEATED. 1 j SAYS THE GOVERNMENT i • • • © • Al 7 ASHINGTON. Xpril 9 Xssistant Attorn >y General William A. T»ny. • i VV who took a prominent part in th.- argument before the Unit’d States • circuit court, * ting at St Louis in the Northern S’-curitb s in , • speaking of the d< ion of the cou • • “The judgment of the court in Northern Se< irities ca • one of far- • • reaching consequen < s and reaffirms the right of ti < p< )pl< ■ • m fr< om • e monopoly. M “By this decision doubts have been r< )h*ed into certainty and all may e J know the limit to which ■»m » itioi . • go. » The combination is resolved into its original element with the di ret c i law that they shall <ompete. 4 “The victory in this great cas»< is n < merely a legal triumph. The cast • • has been fought to >u cess that the Ihi*- i nacp-’r.i t ;*>n for persons and o • property might be kept "p r n and that o p im.it-- competii on might pro • • vail.” * • Unless there is very great expedition In bringing the merger case f<» the e • United States supreme court ami also in it.-- consideration thereafter the J • supreme court wi i not pass upon the <-ase during the present term. The * • court will adjourn finally the latter part, of May and will not < onvene again • • until next October. Os the remaining time «»f this term only the next • • three weeks vil be devoted to arg inp-nt. us the call of the d »ck* t will * be suspended Friday. May 1. It is considered impossible that the papers ® • can be put in shape and the case prepared for conslder.ation of the court ♦ • within that time. The law allows thirty days for perfect.ng the appeal. • ■ ? ? I restricts the right of the individual to ! m ike contracts, buy and sell property. i anil is invalid for that reason." "It Is our duty to ascertain whether i the proof discloses a combination In di- I rect restraint of interstate commerce, : that is to say. a combination whereby the pow*r has been acquired to suppress competition '..etween two or more com peting and parallel lines of railroad, en gaged in interstate commerce. If it does dis lose such a combination, and we have hesitation in answering this ques : lion in the affirmative, then the anti- ■ trust act. as It has been heretofore in ' terpreted by the court of last resort, has . been violated and the government is en titled to a decree. Decree for United States. "A decree in favor of the United States will accordingly be entered to the fol lowing effect: i "Judging that the stock of the North ern Pacific and Great N dthern .■ompa nies. now held by the Northern Securi ties Company, was acquired in virtue of a combination among the defendants, in restraint of trade and commerce among the several states, such as the anti trust act denounces as illegal; enjoining the securities company from acquiring or attempting to acquire further stock of eithi r of said companies, also enjoin- | ing it front voting such stock at any ; meeting of the stockholders of either of said railroad companies, or exercis ing 01 attempting to exercise any con trol. direction or supervision, or influence over the acts of said companies, or either of them, by virtue of Its holding such stock; enjoining the Northern Pacific and Great Northern companies, respec tively, their officers, directors and agents from permitting such stock to be voted by the Northern Securities Company, or anv of its agents or attorneys on its be half, at any corporate election for di rectors or officers of either of said com ’ panles. and likewise enjoining them ■ from paying any dividends to the securi | ties company on account of said stock, or permitting or suffering the securities I company to exercise any control what ! soever oyer the corporate acts of said companies, or to direct the policy of I either; and, finally, permitting the securi- I ties company to return and transfer to I the stockholders of the Northern Pacific i and GranT Northern companies any and I all shares of stock of those companies which it njtiy have received from such stockholders in exchange for its. own stock or to make silch transfer and assignment to such person or persons, ns are now the holders and owners of its own stock originally issued in exchange for the stock of the said companies." ATLANTA, GA., MONDAY, APRIL 13, 1903.-TWENTY PAGES. f Circuit Judges Caldwell. Sanborn, Th.iy |or ami Van r>evanter hoard the case, I and all concurred in the opinion, which was written by Judge Thayer and filed *h fTt. Izim’s (lie same time it. was handed down in the United States circuit court of appeals in this city. The de fendants are: The Northern Securities Company, the Northern Pacific Railway Company, th Great Northern Railway Company. James 'J. Hill. William I’ clough. I>. Willis James, John S. Kennedy, J. Pierpont Morgan. Robert Bacon, George F. Baker and Daniel S Lamont. TILLMAN TRIAL POSTPONED Continued Because Two Important Witnesses Were Absent. Columbia. S. c, April S. James TT. Till- ! man. who shot and killed N. G. Gonzales, i the editor of 'file Columbia State, on Jan tir.rv 15 last, was taken to the criminal ; <e irt here today for the purpose of hat ing him plead to the indictment returned against him last Monday for murder and I carrying com . tiled or unlawful arms, as they were termed In this state. Much to th. surprise of the spectators and lawyers here, the defense today avail | ed themselves of the opportunity prcsenl l ed to secure a continuance, on the ground that it had been impossible to secure tile ■ attendance of two material witnesses, I Captain J. A. White and Miss Mary Julia Roper. I The prose utlon urged that a rule had been made re. ■ ntly to prevent contin uances under such circumstances ns those shown in this ease, but the court ruled against them ami granted a continuance until the July term on an affidavit of the defendant's counsel, stating that It had been impossible to get witnesses here in time for this term. The solicitor for lhe prosecution then urged that the de fendant be arraigned at this time, but Judge Klugh declined to accede to tills request and the prisoner was remanded and the case continued until the June term of court. Croats Burn Hungarian Flag. \gram. Hungary. April 11. On the oc casion of the national festivities today the Croatian peasants made a. demonstra tion against the Hungarian authorities and hauled down and burned the Hutt | garian flag which was flying at the rail road station at Zaprosic junction. The authorities subsequently obtained control of the situation and hoisted a new flag I with much ceremony. CUBAN CONGRESS IS IN SESSION, : Praises Koosevelt for His Action in ■ Calling Extra Session to Ratify the Treaty—Obligations to America Should Be Carried Out. Hav-uri. April fi. Congress reassembled a* 5 o'clock tins afternoon and will prob ably continue in session for three months on acsount of th>‘ ne.-essity for the enact ment of many laws before all the depart ments of th. government got thoroughly under way. A iti.ss*;;** trom I’: -idont I’alrna was read it the opening session. The president congratulated the country on the maintenanci of peace and order ! since the strikes l ist November. lie recommended IK'* legislation concerning municipalities and sanitation. The. mes- •T»ur relations with the Cnited States continue to bo close anti cordial. Much mor- gratifying is the noble and reso lutolv favorable attitole of the presi dent of that great republic. It is enough to rememlrcr the obstacles which the stubborn will have overcome in nego tiating the .eeiproott treaty ami obtain ing th, ratification thereof, and his firm purpose to summo t a peeial congress to definitely rpi>r<>.... it. Be sides tie- sympathy ami rospe. t whi.-h we inspire among tile American pie by our exetm-larj conduct as an independ ent Qcnplo, who realize the duties ami responsibilities of eitizen.-hlp. these cir- Icumstanees powerfully contribute in so lidifying the good understanding between both nations. •It is in om inter st to worthily cul tivate these sentiments, and we cannot do .so better than b\ carrying out our ob ligations to the Washington government, expeditiously. frankly and correctly, whether it ire granting what wo ought Io grant or refusing who: wo consider our selves ju-titied in refu. ; ng It is unnec ' ossary t > recall the tn, t that in the na val station agreement, which is in the I hands of the senate of the. nited States I has obtain, d sites at (loan .name and ' Bahia ft mda. after n.-kmg also for Nipe and Ci' 'ljego !• . Ing impossible to | elude e o ying -ut ■. duty In aeeord- l.mee wi ■ tiie ’ it ■.-!< •• .1 .- it the ex- lE made ice r,..- . i mvor.tble posslMe. and recommends a speedv approbation, so that it mi> be i ..=sib|.- i n additional agr. .-rm nt to esta lish the. price of the 1,-a-e and other conditions and details regulating the possession of tlm stipulated areas of land and water. ••The government is at pr-sent occu pied wit!, the Isle ot I elms mait.r. . it has reason to hop., that the settlement ll'-i. ivith will be satlsfactorv to Cuba." President Palma exp..-uses tlm hope tl i.t th. mmstion of in ..-pniating into the treaty all tlm provisions of tlm i’iatt amendment will soon ... settled, ami adds that aftev this has been done it will seem untie. , ssar- that th. Blatt amendment should remain any longer a part of the < onstit tition. President I’alm.r points .mt that tlm cash balance at the treasury amounts to amt advises that it should al ways b. k- 4. at Jl-.500.000 to prepare for ! MAY FAVOR CESSION TREATY. Commission That Visited Islands Greatly Discouraged. Washington, April 11 A dispatch re ceived here is to tlm effect that the royal commission left St. Thomas a few days I ago for Denmark in a pessimistic frame of mind. After the treaty of cession had been laid aside the Danish government to placate the r . sid.-nts of tlm Danish W est Indies and the people at Itome who favor ed cession to the llni'ed States sent this commission to the islands to devise means for the improvement of the condition ol ' the island, rs by tlm readjustment of sal laries, the establishment of direct lines of steamsliips and changes in customs duties which, it was hoped, might reconcile the I islanders to their retention by Denmark. I It now appears that the commission i was very much discouraged by what it I saw and heard, so it is entirely possible i that there will be a. strong revival of the ' cession movement in Denmark wlmn they return. Technically the treaty of cession, rati fied by the United St.ates senate, is pend ing b fore tile Danish government, ami. if there is a cluing, in public f, cling there. It may be ratified and the cession completed, providing the house js called in special session before July, when the time allowed for exchange of ratifica tions expires. [ CASTRO WILL REMAIN FIRM. Refuses To Settle Through Financial Syndicates. i Washington. April 1". News was m I ceived here today from Venezuela to the I effect that President Castro will remain firm and sustain Herbert W . Bowen, Ven ezuela's plenipotentiary, in the attitude lie iias taken respecting tin settlement of the claims against Venezuela ami in favor of referring the question of prefer ential treatment of th.- blockading pow eis to Tile Hague for determination The same statement contained the informa tion that no overtur-s have been made to President Castro directly by the rep resentatives of the allied governments for settling the controversy, hut over tures with this object in vi'-w have been made to the government by sonic finan cial syndicates. Mr. Bowen lias opposed bitterly any settlement through tiii.incial syndicates and president Castro has sustained him it is believed by Mr. Bowen that, now this matter is set Herl, the protocols remain ing to be agreed on prior to reference to The Hague will be concluded before very long. Admiral Schley Goes to Washington. Chicago, April 12.—Admiral Sehley and his party loft for Washington tonight af ter a two days' visit in Chicago. The admiral has entirely recovered from his threatened attack of grip. Textile Plant Closes Down. Pawtucket, R. 1.. April 6.—The plant of I 1 the American Textile Company here was • Tosod today and more than 250 operatives of all classes are thrown out of employ ment. It is announced that the mills will remain closed indefinitely. HEAPS OF CORPSES MARK SWATH CUT BY CYCLONE THRO’ STATES OF SOUTH Little Rock. Ark., April S.—Specials to The Arkansas Gazette from several towns in White and Cleburne counties. Arkansas, tell of a cyclone which swept through that section Tuesday night leav ing death and destruction in its wake. The major portion of tlie country through which the storm plowed its way is re mote from railroads, telegraph or tele phone lines. A special correspondent of Th.* Gazette wires from Searcy, Ark., t->- night that he had passed over a portion of the track of tin- storm and that the trees were twisted from their trunks ami houses demolished. Thus fir it has been Impossible to .as certain where the storm began, lint it is known that it raged in those two counties ami the list of casualties will, from indi cations. mount much higher than it now is. with oim- dead, three dying and thir teen others badly injured. The towns of Little Red, Albion. Bradford. Heber and Pangburn have been heard from thus far. The dead arc: JIM LLGGbITT. Little Red. jol-l I.IOHII-l'l'T. Little Red. Tg.M KING and WIFE. Little Red. THRI.L KING CHILDREN Vol NG LADY, school tea her, who u. boarding H King s. I A. ,'. WILLIAMS, near Heber. I The injured are: Infant child of the King family. ' Mrs. A. ,'. Williams, near Heber; not i ' '‘ibiek ‘ Neele' VP ’scarey. 1 Albert Kiler. Elbert Dcrrile and Walker i Pollard. Little Red. Two <>f the Pollard family near Albion. Mrs Hoverton and child. Pangburn: not expected to live. Miss Barkhousen. Little Red; leg bro ken ami skull fractured. Walter Muller. Pangburn: leg broken. Mrs. Henrv Wells, injured internally; fatally. I I tiknown woman. Pangburn; both legs i Tom Hanston, near Heber; both arms i broken. I I'nknown man nt Bradford Bradford, which is on tile Iron Moun ! tain road, was the first point hoard from. I Several houses wore blown down there i and one man badly injured The tornado i came from the west and had spent its force by the time it reached Bradford. It is feared the little town of Hiram. v. a I 'taila '■nr. 'l' '"•'. has been wiped I off the map. It It near Heber ami in the I storm's track. Nothing lias been thus fir heard from it. It will probably be ! several days before the names ot all who ' Were killed by th.- tornado are known. Two Deaths Added to the List. j Hanceville Ala.. April !*. Two more I deaths resulted today from the cyclone : which swept the country west of here i Wednesday morning about 2 o'clock i They are Isabelle McCoy, aged fi. and Effie MeCoy, who was not considered I one of the seriously injured. The. former ■ died early this morning and the latter | al.out noon. The funerals were conduct 1 ed from the Hopewell church and the i family members were all buried in th.’ same grave. Two other members of the I same family ne also expected to die. ! The funeral services over the remains ■ of the Odens was also conducted this ' morning. One of the Oden children, it is ! thought, will also die. oettig Injured in ti rnaily. Reports of the damage of the storm across the river reached here today. Th.- storm jumped to Summit. Ala., which is in th.- northern corner of Blount county, wlier“ several persons were severely in jured and a. dozen houses and barns de stroyed. Devastation in Cherokee. Chattanooga, Tenn.. April 9.—A special to The Times from Gadsden. Ala., gives an account of further devastation by the storm of Wednesday morning. It is stated that a terrific cyclone pass ed over a path a quarter of a mile wide in Cherokee county, causing the death of one person, the injury of several and do ing damage estimated at $15.0k). The cyclone occurred about 3 o'clock in th'- morning, it. first, struck the house of Charles Smith, a tenant on the Bishop farm on the Coosa river. Smith's back w. broken and his T-year-old son was killed. The storm then swept back and forth across tlie Coosa river and laid waste some of the finest homes and orchards in Cherokee county. A large number of persons had narrow escapes. In one in stance a barn was lifted from over four Imrses. leaving them uninjured. A negro who was sleeping there also escaped un hurt. More Deaths in Arkansas. Morrillton. Ark.. April 9.—Van Buren eounty. which lies to tile north of Con way county, and for which Morrillton is th.- trading point, will furnish many names for the list of those killed and in jured by the awful tornado of Tuesday evening. Because of the fact that there are m> railroads ami few telegraph or I, i.’phom lines in tiiat county it will b. several .liys before a complete list of the easualities amt of the property de stroved can be compiled. The result of the investigation today follows: The dead are: INFAN T CHILD of George Shipp. The injured: Mr. amt Mr- George Shipp ami or..’ child, of Culpepper Mountain. Mrs. Shipp anil the < hild are so badh injured ilia: all hope is given up of their recox - Mr. and Mrs. Joiner, of Slick Rock; house demolished ami o-ecupants blown ' in 'ami Mrs. Pavatt and an infant child' There is small hope for the recovery of Mrs. I’avatt ami the baby. More Deaths from Storm. Newport. Ark , April lit.—During the tornado of last Tuesday night a family of three pearl fishers named Tapp, who lived in a shanty boat mi White river, were drowned. The boat was torn to pieces by the wind. Belated reports from Vanßuren county and from the village of Pearson, Cle burne county, show' that the damage done by the tornado has been underestimated. Pearson was almost wiped out of exist ence. Among those who are known to 1., seriously and probably fatally injured are J. M. Clayton, his wife and his daughter, Ida. Five villages in Vanßuren county are > known to have been destroyed and many . more are though: to have been. TWELVE PERSONS DEAD AND MANY ARE INJURED , Rirmingham. Ala.. Xpril X. Without a word of warning tho little hamlet ‘»f Hope well. 40 miles north of this city, and 1 mile from Hanceville, was swept a.way rarly this morning by a cyclone wh: h cut a path of desolation a. mile wide and ) 2 miles long m-ross a prosperous farmins i section of Blount county. Twelve persons ; were instantly killed, three nr four fatal ly injured and a score of others seriously hurt. . The Dead. ! ' MR. ANT) MRS. MASON GRIFFIN. JAMES GRIFFIN. HENRY McCOY. FR.EDERJ i'K McCOY. STISS BIRDIE M'-gOV. C. C. ODEN, prominent planter. 1 MISS NORMA ODEN. HESTER ODEN. MISS THELMA ODEN. MRS. C. ODEN. MISS GRIFFTN. Fatally Injured. Son and niece of Nathan Griffin. M .-. Henry McCoy and two children. R G. Quick. Dink Quick. Family of John McCoy, seven persons. Mrs. Hollestine Horton. Miss Inez Horton. Richard Griffin. It is believed several of th» injured will die. The storm came from the sauthwest and traversed its destructive path in a northeasterly direction, tearing every thing in its way. The section through which it went is Hat. on an elevated ta bleland in the hilly section ot Blount county. There was not the slightest in ; timation of its approach until the houses were being torn to pieces. Killed in a Twinkling-. One. of the first houses visited was that of Nathan Griffin. The house was de molished and Mr. Griffin and his son. James, were killed in the twinkling of an eye. Mrs. Griffin was so badly in jured that she died at an early hour this morning. The house of John McCoy was next j wrecked, but he and his family escaped . I wnh severe liruise: Tile, house was ab . solutely destroyed and the inmates can , not account for their escape. , The home of Mr. Henry McCoy, son of Mr. John MeCoy, received the worst impact of the storm. His wife was -■'•- vi rely injured; two of his children are still unconscious and may die. and he and ' his babe and two other children were ‘ dead this morning. Dead Father Clasped Baby. He was still clasping his b.iby in his 1 arms when his body was found close to the house. Evidently he had made an effort to get out of the house, carrying the children with him. The bodies are. terribly disfigured, where flying planks struck them. The storm then took an easterly direc tion and stiuck the house of Mr. c. C. Oden. The trees in the yard were twisted into gnarled shapes and even the vegetables in the garden were torn from ’ j their sockets in the earth. Mr Oden was | killed outright ami so w'-r..- his tht— daughters. 15, 12 and 9 years respect ively. Mrs. Oden received injuri. - f:.,m which she died later on. The home of Mrs. Henry Wharton was n* xt attacked by the storm, and it was i wrecked but Mrs. Wharton wis not 1 badly injured. Then came the home of R. G. Quick. It went into smithereens and he and hi- . two children were injured and i mute : , killed, but there were no fatalities her- 1 Tennessee Valley Stormswept. Chattanooga. Tenn.. April S.- About 2 f o'clock this morning a heavy thunder I storm, accompanied by unusually violent ■ wind, visited this city, and in half an i hour th" rainfall at this point wa-- mon than an inch. The velocity of the win.i ’ vzas 30 miles tin horn. Telegrams from : Charleston. Tenn a point above, her.’, > ton the Tennessee river, state that the ' rainfall was 3.(16 inches during th’- past j 21 hours. At Clinton. Tenn., the rainfall ■ was 3.56 inches. The storm covered the entire Tenni ssee valley, and the river is Hsing rapt.l'y, with a prediction that L will reach within a few feet of the danger line. Middle Tennessee Is Swept. Nashville, Tenn.. April S.—The depot at Camden was destroyed by tire last night as the result ot being struck by light ning. and communication by wi-e I,as been cut off. The local telephone ser vice was crippled i y the burning out of a number of boxes. No casualties ami no ; great damage is reported from tiny otaer ' points in middle Tennessee. Tornado in Kentucky. Owingsville. Ky.. April S.—A tornado swept over this section early this morn ing doing great damage in the tobacco farms and to buildings. WILL MAKE ANOTHER EFFORT Governor Heard Will Again Try To Close Crevasse. New Orleans. April 12. -Governor Heard hold a conference at the Hymenia crevasse today and it was determined to begin Monday on another effort to dost it. This time the work will be conducted with thorough system, the labor will camp on the spot and the ample matt rial will be- oh nd. It will require a week's work anu about $50,000 expense, if no more mishaps occur, but th® authorities thought the chance worth taking, con sidering the millions of damage which would result There has been no caving in thirty-six hours, and this is the foun dation for the hope for success. Cup Defender Is Launched. Bristol. R. 1., April 11—With an Amer ican eagle at her bow the cup detender Reliance was launched at the Herreshoff works Just before sundown today. Five hundred persons stood beside the glisten ing underbody of the yacht when, at 5:31 o'clock this afternoon. Miss Nora Iselin, daughter of C. Oliver Iselin, the man aging owner of the l.oat. broke with the sturdy blow <•! a silver hammer the traditional bottle of. champagne, saying at the same time: "I christen thee Reliance, and may God bless thee.” ’RICE: FIVE CENTS. PEACH CROP WILL BE I ’WORT. Short Crops Will Not Result from Cold Weather Alone—Growers Abandoning Use of Spray, Preferring Scale as Remedy for It. port y'.-rhy. Ga.. April ID. —(Special.)— The fruit growers throughout this sec tion are not at all jubilant over the out look for peaches this year. This is a sore di.-appointment, as the prospects up to two weeks ago was unusually good. Some f-w growers in this section have a full crop of peaches, and it amounts to nothing short of a. gold mine under present cmiditions. A. .1. Evans, who has an unusually fine crop on his Britt place, will make s_'.sf«) on l.is crop this year, as is <stiniated by leading peach men. it will be of Interest to know tnat he pur chased this place only three years ago for $2,100, which was thought at the time to boa handsome price. He only has about one-third of the place in peaches. Dr. W. C. Wright thinks there will be a fair crop of the early varieties, but mong the Elberta= and Georgia Bells, which is the standard crop, and wtiii n composes by far the bulk of the orchards throughout this section, are almost en tirely lestroyod. and ho estimates now that we will prob.'ilcy have only one-tenth of a cron. While this is due largely to weather conditions, he says ho has lost -onsiderabie fruit and killed many trees outright by spraying with oil. E. M. Fagan, who is one of tht most substantial farmers of Houston county, says he has lost not only his peach crop for this y ar, but that his trees have boon killed by spraying with oil. This formula containing oil was recommend ed hr State Entomologist Scott, and in some instances lias proved to be effective in killing the scale. This ytar considerable permanent injury has been none to the orenards and the. indications •row are that the fruit men will discon tinue using oil altogether. Mr. Fagan says no one could even per suade him to put it on his trees again, and feels very blue over the complete less of his orchard. It is thought, by a good many that this injury to the trees is due to the fault of the spraying pump, and this is probably true, as it has been .'early demonst.ated that the trees will ■ not be injured it you ear. g”t c.;.on the trees in the exact proportion of "tl recommended by Mr. Scott. But sinco the grower- have no way of finding out whether their pump is working properlv, it is considered far more dangerous to spray with oil than the scale itself. John Murph, of Marshallville, states that h’ superintended personally the making up of this oil formula in the t-xaet proportions recommended by State I’.ntom..legist Scott and that it has kiT-d • large number of hi- trees entirely. He doe- not know whether his pump was in working order or not, 1. .t so far he could tell it was. Mr. Murph says ha will nev.r again spray witli oil Quite .. mimber of growers have suf ter d great loss this season b> spray ..g alone, and it is not at ad imjirobable that the use of oil will be discontinued entirely by the growers in this part of the state. Some few have already adopt ed the. salt, sulpher and lim. mix n., which has been used by p A ach men so si; eessftilly in California and other states. So far as present tests have gone, no in jury has resulted to the trees, ano it is thought to be quite as effective in willing the scale as the oil. .1. H. Baird, of the Hale Georgia Orchard Company, thinks all the varietic ; of pe o-hes together might average up mu-third of a crop. There is no do-./ot but that it will be an unusuahj short <•(■■ >’ this year \\ W. Henderson, of the M ga Orchai'l i ('ompany. says lie will iir.ve a very .-hm'- | crop, probably one-fourth. i Hon H. .’V Mathews saj ■ lx- will hate a V( r\ shot' crop this year. He splayeu i with oil .uid has killed a. numbi -o, t.ee. I'l Ic fruit men generally are very much I troiibl.d about the situation. It looks ' aow as if it will be \ery dangerous to continue the use of oil. « WAS CRAZED BY HYPNOTISM I Woman Dies in Asylum After Horri ble Suffering. I Monmouth. HI-.. April 6. .Special.,)— Mrs Marshall Mink, who, with hus band, was hypnotized l.y reading Prof.-s so. Hariad.-n's ho’ks . f hypnotism, died at Waterntown asylum today. The case is one of the most peculiar and mystifying ever known to the modi cal fraternity. The victims were under tliirty years of age and are parents of two children. Both wore sound mentally and physically. Recently they saw an advertisement of Professor Harradan. of ; Jackson, Mich., who purported to teach I hypnotism in a twenty-lesson mail course. The Minks sent for the books, in the first lesson both became partially under hypnotic influence and for several days they continued in that state, both en d.-avoring to wield their will power over Hi.- other. Tln> husband at cist secured control over his wife, and both were brought, here. The ease puzzled the physicians. A local hypnotist partially succeeded in re storing' Mis Mink to h<r normal state, but mil) for a brief period. She became worse ami was sent to th a*... Superintendent Taylor says the ea developed into the most violent mania li. had ever sen. The patients' suffer ings w.-r.’ terrible. She imagined sue had been melted into a liquid state, turned into stone ami born again. She continued worse and sank into a coma tose state from which she never rallied. KIRK WANTS IT SET ASIDE Property Levied on for Payment oi Gaynor's Bond. Syracuse. N. Y.. April 9. Judge ~a>. in United States court today, issued an order on United States Marshal Mac- Dougall. to show cause why an execu tion issued in United States court Tl Savannah on the property of William ,K. Kirk, in this city, should not be set aside. 'l'he levy w. s made Monday and is on account of ■’ s**'.ooo bond signed by Mr. Kirk for John F Gaynor, which the lat ter forfeited bv going to Quebec, just be fore trial of the criminal proceeaingt nc'ainst him and Benjamin Greene anc others fore inspiring with Oberlin M. Carter to defraud the United States tn Savannah harbor work The order wilt be opposed at Norwich April is l.y i’nit-d States District Attorney Curtis, of Bing hamton.