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DEATH PENALTY Provided for Attempts at Crim | nal Assault oiywomen. A MUCH NEEDED LAW The Proposed Law I weaves to the Discretion of Trial Judge Coiiiiiiuta<6 tion ??f Sentence to Idfe Imprisonxnent?The Hill Passes Senate by <ioo<l Majority After Discussion. Columbia, Jan. 22.? Senator Wharton's bill to prescribe the punishment for attempt ravish was passed to third reading today, with amendments. As the bill now stauds the provisions are: 1. Attempts to ravish are placed upon the same plane as actual commission of the crime, in so far as the death penalty is provided. z. it is left to the discretion of the trial judge to commute sentence to life imprisonment. li. The victim shall be ullowed to testify before the court stenographer and attorneys, f^ie same to be read to the jury in open court. Senator Kelley was opposed to the bill, because, as he argued, the mere mention of such a crfmo was sufficient generally in the courts to convict a negro, lie thought the change to make the attempt a capital crime was too radical. Senator Carlisle was of the opinion that something ought to be done to do away with lynching law, and thought that the passage of this bill would to a large extent accomplish th? c rpvj u 11, Senator Graydon opposed the measure on the ground that it was a dangerous bill, in that if a mistake were made it was irretrievable. In some cases, he said, there might bo convictions upon testimony of women of no character, and that in this way very often men might lie sent to their death who were entirely innocent. Senator Wharton, the author of the bill, made an eloquent plea for " us passage. To protect the motherhood of the State was its first and main object, and also to reduce the number of lynchings in South Carolina. The jurors are intelligent and would see to it that no injustice is done under the provisions of the * bill. Col.W^harton argued that the V that the brute does not S Wooinplish his purpose when surprised by someone is nothing to his credit, and the law should not favor him because of this circumstance. Senator Carlisle stated the law would protect the innocent persons, lint he cited the case where a lady might, in order to be rid of the embarrassment of testifying before the whole court room, say that there was only an attempt. If the actual crime had been committed under the law today, the man would be sentenced to death, yet under the testimony as offered he would get at the most thirty years in the penitentiary. "We'll never stop lynching until we have such a law as this," said Mr. Carlisle. On the motion to strike out the enacting words, which motion was offered by the Senator from Lee, Mr. Kelley, the vote resulted as follows: Yeas?Ilass, Bates, Clifton, Earle, Graydon, Gritlin, Kelley, Laney, Montgomery, Sinkler, Summers? Total, 11. Nays?Appelt, Carlisle, Carpenter, Christonsen, Croft, Crosson, Hardin, Harvey, Hough, Johnson, Johnston, Hide, Mauldin, McKeitift|n, Muckenfuss, Otts, Kainsford, Spivey, Stewart, Sullivan, Walker, Wallace, Watson, Wharton?Total, 24. So the motion to strike out the enacting words of the bill failed to pass. 1 Senator Appelt, in offering an amendment to leave it with the cir- 1 cult judge as to the commuting of : sentence to life imprisonment, explained that circumstances some- i "nines causes the judge to he in ? doubt as to the guilt of the men on trial whoih very probably the jury i might have convict^ ' without rec- I ommendation to the mercy of the i - wtin iM mi's original ' i;uui L. uciiiuv/i ,, bill provided that when the jury 1 recommended the prisoner to the I mercy of the court the term of serv- ; Ice might bo ten years or more. 1 Senator Appelt's amendment makes < it in the power of the trial judge i to commute the sentence to life I imprisonment in case there should 1 arise some doubt in his mind, y Senator Weston thought that in i f / such a case ihis provision of Mr. I Appelt's would be necessary as the I ' judges now have the power of set- < ting aside verdicts which they he- < lieve are inconsistent with the facts I in a case. Senator Appelt explain- I iis ( WHAT THEY WANT THE NATIONAL MODEL LICENSE ! LEAL IE IN SESSION. They Express Thefr Views oil the 1 Liquor Question in Eight Short Desolations. Louisville, K>\, Jan. 22.?Denunciation of prohibition as insincere and falacious gave way today to a i taking of the sense of the delegates I of the second annual Convention of the National Model License League upon the question of regulating properly the liquor trade of the country. This resulted in the adoption of resolutions by the several hundred delegates present from all parts of the United States. The resolutions in part follow: "First, tin as representatives of the brewing, wine-malting and distilling trades, and of wholesale liquor dealers, saloon-keepers, inn-l keepers and members of collateral trades, we protest against till intemperance in the use of alcoholic beverages, and against sill lawlessness of every sort whatsoever in the sale of such beverages. "Second, that intemperance is a curse, and every man who becomes intoxicated should be arrested and prosecuted. "Third, th*t 'treating, which is responsible for so large a per cent of involuntary intemperance, should be opposed by public sentiment and by every member of our trade. ' U . ? urn ui, i luii int' licenses of all retail dealers who violate the law should bv cancelled. "Fifth, that prohibition is UnAniericnn; that it is opposed to the idea of individual sovereignty and to the spirit of our institutions; and furthermore, it must continue to be merely a costly absurdity as long as it prohibits only the manufacture and sale of alcoholic beverages. "Sixth, that when prohibition, whether for State or county, is submitted to the people, it should prohibit, not only the sale, but the purchase, possession and use of wine, beer and whiskey. "Seventh, that the county should not be the unit in local option contests, as it does not represent the American people of local self-govern incut. "Eight, that where prohibition is adopted by a legislature or a ueople, the manufacturers and dealers in wine, beer and whiskey should be compensated for investments made ftl'lor t I ho n icuoira ii% 1 i . . ? ? v t . 1?? ?w? iv; VII' ill Ky l/v. u I v I i vj l?J demand and under the sanction of existing laws." Mayor David S. Rose, of Milwaukee, spoke. "We cannot reject prohibition as the remedy unless we can offer something better, and 1 believe regulation is the remedy," said Mr. Rose. ( Dr. .1. I\ Gallon. of Pittsburg, Kan., took up the line of argument at the opening of the afternoon session, dealing with "prohibition versus temperance." * Hums Self Fatally. Hagerstown, Md., Jan. 2;>?Insane with grief over the death of her child, Mrs. Hiram iiulzell, of Uoonsboro, yesterday afternoon saturated her clothing with oil and then applied a match. ed that the jury might at times act upon feeling, but the judge in his calm deliberation might sec something which the jurors have overlooked. and that the provision is, therefore, a good one. Senator Mauldin agreed with Mr. Appelt and said that we owed it to civilization to protect the women, however there was a danger lino, and the provision proposed would throw around the necessary safeguards. He lamented the fact that now the negroes are doing such crimes which before the war were not known. There was considerable discussion upon Senator Appelt's amendment, it being pointed out that this would probably do away with new trials in such cases to a large extent. The amendment was passed. Senator Carlisle offered an amendment. to allow the victim to testify to the court stenographer and the attorneys and afterwards have said fnetlmnnv ronO t/i I tui'V ill nnnrt was adopted. Senator Kainsford offered an amendment., which was idoptod. to make sueh prisoners convicted to a term of years on the 1 charge of atempt, serve the same out 1 in the penitentiary ami not make ' lhe crime one to be punishable with working on the public works. The bill was passed to third reading with the amendments as herein- i jefore explained. Senator Wharton, ] lie author, believes that the bill is i ine that should go through the Gen- ? wal Assembly this year, and thinks i .hat the merits of the bill are on i he face thereof. * 1 CRIBE Ni BRUTAL MURDER SO AS A YOUNG WIFE GOULD BE STOLEN. One Italian Dead and Another Dying as a Hesnlt of a Kidnapping Sorn|>e. Middletown, N. Y., Jan. 21.?A brutal murder, which had as its object the kidnapping of the young bride of one of the victims, was committed just outside of this city two nights ago by three Italians. The victim was Finlzio Gaetano, who was instantly killed, and Scanion Carmino, his friend, who is dying in a local hospital from wounds indicted by shots from a revolver The bodies of both men were found stretched across the railroad tracks near the scene of the tragedy, where they had been placed with the evident intent of ? -a mi; | crime. . Mrs. Gaetano was found tonight I by the authorities in an Italian shack | on the outskirts of the city. She I was in a serious condition, as a result of nervous shock, exposure and I ill treatment, to which she had been j subjected. She told the authorities she had been taken to the shuck immediately I after the shooting and held there, I two of the men remaining until I shortly before noon. Gaetano was recently married in Italy and reached New York with 1 his young bride only last Monday. I The couple came direct to Middle-1 town and Tuesday night, In com- I pany with Carmino, a mutual friend, I were walking along a road aboutl two miles from this city. Suddenly! they were set upon by three Italians! armed with revolvers, and Gaetano I and Carmino were shot down. WANTS A FllHIO PKKSS. Tillman Issues Statement on (lie Canal label Cases. | Washington, .Ian. 22.?Declaring! that "no patriot can contemnlat.pl with great alarm the possibility of the President's success" in the Pana-I ma libel cases, now being investigat-I ed by the grand jury in this city, I and in New York, Senator Tillman, I of South Carolina, in a statement tonight, sounded a strong note of warning on the question of the free-1 dont of the American press. The I statement is as follows: "The issue is a momentous one. I Jefferson declared that as between I a government without newspapers! and newspapers without a govern-1 ment he would choose the latter, I because when properly informed the! people would protect themselves I even without a government, through! the instrumentality of opinion. A J free press can alone preserve free J institutions. Our great danger now! lies in the control of the press and I its consquent subserviency to those! who use it to deceive the people and I perpetuate their grasp upon power. 1 The American people cannot guard I too jealously the right of freedom! of speech, and freedom to print I whatever is in the public interest. I The newspapers now under the lire! for their efforts to expose corruption! in high places should have the active! support of every true American,! for their cause is the causu of us I all." * KILLS IIIMSLLI IN CIlt'KCII. j Philadelphia!! Commits Suicide in I St. Patrick's at Savaniiali. 1 Savannah, Ga., Jan. 22.?In a I posture of prayer in St. Patrick's! church here, and with a bullet hole I through the temple, the dead body! of Otto Schueit/.er, of Philadelphia, I was found today, several hours after the fatal shot was fired. Two notes were found, one bequeathing $1 for "St. Anthony's bread," and another expressing regret vaguely that he "had permitted himself to have any ill feeling." Schueitzer had been here but. a day. reaching the city aboard a steamer from Philadelphia early this morning. The shot, that killed him was not heard by any one, t radio in the street in front of the church drowning the report. When found the pistol the man had used was lying beside his knees as he knelt in a pew. * ? Lived Willi IJroken Neck, Atlanta, Jan. 2?,.?At a coroner's inquest here today In the death of Prank Carter, 60 years old, it was t'suiieu in;u no nan oroKen nis nocK ioventeer. years ago and had lived without serious inconvenience from his accident. Carter died of appoplexy. * OW TO THE LIEN LAW BLACKLISTED IIV THE STATE 1 FAllMEKS* IMON. Audol>oii Society Commended, Op- ' pose Immigration and Suggest Other (Iuihucn. The. State Convention of the Farmers' Fnion met in Columbia on last ' Wednesday. Delegate's were pros- ' ent from thirty-seven counties. ' Some three hundred delegates wore 1 present and some important matters ; were considered. Mr. Harris, president of the Fnion presided. Some 1 good, sensible speeches were made and the delegates were very much instructed thereby. The following committees were appointed: Legislation ? L. L. Baker, R. M Cooper, J. It. Douthit. Good of the Order?J. L. Keitt, J. II. Lambert and S. X. Welsh. Warehouses and Marketing?T. T. Wakefield, C J. White, 11. F. Keller and .J. 11. Meliride. Resolutions ? H. W. Dabbs, O. 1*. Goodwin and .1. II. Price. Fertilizers?1). Mclntyre, J. II. Holmau and W. T. Walker Press and publications?W. I). I Grist, I). II. Rice and S. F. Parrott. | Diversification of Crops?W. L. Anderson, J. R. Hopkins and J. 11. Price Foremost among the important measures discussed nn.i 1 * v. ??mi iiuupi cd i?v the union w;is tin* report of the legislative coinniittee recommending that the immigration feature be eliminated from the State's bureau of agriculture, commerce and immigration. The repeal of the lien law was endorsed and also the repeal of the law with reference to chattel mortgages on crops. Work of the Audubon society was heartily commended and the law makers urged to pass further measures for the protection of insect-destroying birds. The legislative committee was then Instructed to appear before the proper committees of the general assembly to press the matters above referred to. Considerable time was consumed iti discussing the following report of the committee on warenousing and marketing: "We recommend that warehouses ' be erected wherever possible and 1 that our farmers, as far as possible, seli their cotton through their ware- ' houses, as by this plan higher prices 1 can bo realized. "We also recommend that the ' warehouses of the entire South he federated into one system, under the absolute control of the Farmers' rnion, provided that the contract | relating to ownership and disposition of his cotton "stored in said warehouse he acceptable to the storer." The Union, after carefully considering the financial plan submitted 1 by Mr. J. L. Keitt, recommended that it he adopted. The plan was then 1 referred to the local Union of the State for ratification. The committee on fertilizers made ' the following report: < "We have canvassed the situation 1 and find that the general opinion is 1 that we buy all of our fertilizers through the regular channels of the I Union and that we do our mixing at J home and save from $.1 to per ton and that we advise our members to i reduce their fertilizers in a reasonable manner so as to be on safe and t sure basis." The report of the committee on i the good of the order recommended: | "That provision be made to press i vigorously the educational work of the Union, directing especial atten- < tion to the importance of raising ( home supplies as a means of break- t ing down the credit and mortgage | business of the State and enable < us to control the sale of our cotton. ' < The following resolutions were < adpoted: i "Resolved, That it is the sense < r?f this body that Congressman Lever t be requested to amend his hill re- ? quiring the manufacturers to give the number of hales of cotton on ha 11(1 hv vcn i: i rin v ttn. m-i n u ers to also give the amount of man- ; ufactured goods on hand" \ A resolution was adopted provid- ? Ing that the members of the Union urge the manufacturers of guano to f use sacks ninde of cotton and also j that cotton should bo covered with i cotton bagging. It was also resolved to use the ( Printers' Union label on printing, i The committee on diversification n made the following report, which i was adopted: I "Resolved, That it. is the deter- i mination of the South Carolina State ? Farmers' Union to raise home sup- r plies so far as possible. C "Resolved, That every local in s THE H % SHOCKING TRAGEDY lit>1 >V OF A VOI NO (illlli I'OIM) IX A SHICD i )ii a Lot Xcur llcr Home Which Site Left Saturday livening *<> < '? to a Hank. Dayton, Ohio, Jan. 2 1. Although i two arrest's were made today the police practically admit that very little progress has been made In solving the mystery surrounding the assault and murder of Ifi-year-old Mary Forschner, whose body w;i| found in a shed near her home late last night. The investigations made by the police today have however, thrown more light upon the probable movements of the Forsclmer girl. It has been established that she left her home on Hall avenue about 6:l.r> o'clock last evening to take money to the bank to be deposited for her step-fat Her, Charles (ieppert. The olllcers believe the girl did not go down town, but. was attacked in the immediate vicinity of her home. There was evidence of a struggle covering nearly a hundred yards, and ending in a vacant lot. The body was found in a shed upon this lot, which is owned by (irafton Kennedy, by whom the dead girl's step-sister is said to be employed. The autopsy and other evidence, the police say. indicate Hint the girl first was attacked, against which she fought and was struck on the head by a board. Evidently unconscious, she was dragged to the vacant lot where she regained consciousness aim wntTc tlic struggle apparently was renewed, l-'inger murks on the girl's throat Indicate that she then was choked into submission, which probably resulted in her death. The pocket hook containing the money was found near the scene of the crime. ecar midnight, when the girl did not return home, an investigation was made. About two hours later the body was found. The mystrious assault of Miss Forschner is the iiftli of a similar character here in recent years. Two years ago Dona (lilman was assaulted land strangled. A year tgo Ida Markowitz was attacked and killed, and it negro now is serving a life sentence for this murder. Previous to these crimes, Bessie Little was strangled and thrown into the Miami river. Ada Lent/, was issaulted and her body was thrown Into a cistern. * \VIF10 WAS TOO M10FK. Brutal Crime by Pennsylvania Farm . > nil- yiiccr L'HUSO. Scranton, Pa., Jan. II).?Grifllth Van Fleet. a farmer with his wife, lear Suquehann, shot and killed Ids a iff for the simple reason that she ivas entirely too doeile to live with. When he smote her on one cheek, die turned the other, and it angerMi him to such an extent, that lie based her on the main road for almost half a mile and then put a bullet, through her. Later, when the went after Van Fleet, he laced the l>osse that was quickly organized, mgry citizens and turned the gun upon himself, putting a bullet through his heart. the State be urged to bring the matter of home supplies before t bo membership and enlist personal pledges to co-operate and become self-sustaining. "Resolved, That it is the sense >f this State to plant only 12 acres >f cotton to the plow the balance >f the land in grain, followed with jeas in summer. Also we urge a orn crop for the winter with some >f the clover and vetch, thereby rehiring the necessity of using so much ammoniated fertilizer and increasing the fertility of the soil, bus enabling us to raise more dock." The following was also adopted: "Resolved, That the Farmers' ,'nion of South Carolina go on record is being in favor of prohibition vithout recommendation to the general assembly." There was some discussion of the 'orttltver t??v *..u ?> - ? vI* p c%?i vi ci II1II11 LICG tl |)minted to visit (Mernson and make a cport to the next State convention. In appreciation of the work being lone by Secretary Wilson of the detartinent of agriculture in this State, i committee composed of Messrs. L. Baker, \V. T. Walker and J. B. )outhitt was appointed to visit Bresdent-elect Taft at Augusta and urge dr. Wilson's appointment to the ag-j '{cultural portfolio in his cabinet. | Commissioner Watson was asked to iccompany them. iORRY H MOB HANGS MAN In the Very Heart of the City of Mobile. TWO DEPUTIES SHOT lly tin* Mulatto VMirn Tlicy Went to Am'Ht Him ? Not withstanding Tlielr Wounds the OIlUri'H <?avo Cliase and finally Captured tho | Man?Our ol' tin* Ollircrs Died. Mobile, Ala., Jan. 33.?Tho identity of the men who composed tho mob that, lynched the negro Richard Robertson here early today will probably never be known and it. is not likely the grand jury will return any indictments. The lynching, which occurred in tho shadows of Christ church, was very quiet, in fact so quiet that people living in front of the house, where the murderer was strung up, diil not know of the affair until this morning \s hen they awoke fur breakfast. The lynching took place within half a block l'rom the county jail and about a block and a half from tho police station. The police on duty in the station house were not aware that the negro had been lynched until notified by a newspaper man. A remarkable incident was that in less than twenty minutes after tho man was hanged his body had been cut dow'n and removed to the police station,, the crowd disappeared as if by magic. Jailor Hugh (Jills who was on duty at the county jail said: "We were not aware that tinything like a lynching was going to take place and I was reading in tho guard room, a door leading to tho basement of tho jail was opened as quick as a Hash and instantly 1 was covered by two dozen revolvers. Tho men had entered the basement and come upon me and the other deputy by surprise. I begged them to let the law take its course, but they were determined and took tho keys and forced me to go up stairs and release the negro. "It was utterly impossible, in tho face of tin* mob, to show light as I was at their mercy. My partner was covered and the other deputies who were asleep in the building wore held in their beds at the point of revol I vers until after the negro was lynched. The keys were brought back to the jail and the men who had thorn thanked the jailors." The scheme for entering the jail, which lias a basement opening on the street, was so cleverly and quietly worked that there was no time for defense of the building. FOUND IN Oil* WIOLIj. I tody of .Mail Showed That lie lla<l I tee ii Killed. New Martinsville, W. Va., Jan. 23. ?The body of William Roberts, who disappeared a week ago, was found yesterday at the bottom of an abanI donod oil well, half a mile from Wolf Run. Three bullet holes in the head showed how he was killed and tracks in the snow indicated that the body had been carried from Wolf Run to the well. About the same time the body was found a blood stained overcoat, said to belong to John Holph, brother-in-law, who is in the Tyler county jail on suspicion, was found in a cleaning establishment here. * FOUIITKKN I'KOI'liK HI KNKI) III :t Piu.i'l*""? ** ? men W as Destroy* < <1 by Fire. Youngstown, Ohio, Jan. 22.?Hushing back to save their belongings from (lames that destroyed tho men's ward of the county infirmary, near ('anfield late yesterday afternoon. 14 inmates were seriously IxirnfM], three probably fatally. All had been removed to safety when one dashed back for a coat, another for a kitten, a third for a dollar watch and the others for various trilb'S. Tho loss from the fire is $110,000, with only partial insurance. Trains CVdliile. Altoona, Pa., Jan. 23.?In an impenetrable foe; the second section of the St. Louis express, westbound, crashed into the lirst. section at Summer Hill, twenty-five miles west of this city, at 12:30 this morning, killing three persons and Injuring six, one probably fatally. * ERALD