Democrat and Chronicle from Rochester, New York • Page 2

BO CHESTER DEMOCRAT AND CHRONICLE. TVEDXESDAY, JASTTJAHY 20, 1890. 2 THE SHEA CASE IN THE SENATE DR. H. ERMENTRAOT that Senator Jones, of Nevada, notified his Republican associates that he would not give them the vote necessary to report the bill until the free silver substitute of the senate had been clinched.

Immediately ncy, of South Onondaga, to be agent of the Onondaga Indians, and the nomination was confirmed. Hills reported favorably: Ellsworth's, taxing cycles not less than 50 cents nor more than a year, and providing for side paths for cycles in Niagara county. Kills introduced: By Senator Sullivan Tutting theaters and other places of public amusement under the jurisdiction of the factory inspector; by Senator Sullivan Finn's assembly bill, amending the act concerning land titles; by Senator Iligbie The assembly good roads bills introduced by the special committee on good roads; by Senator Nussbaum Providing that town meetings after 1S06 shall be held in counties containing cities of the second class on the Tuesday succeeding the first Monday of Novetntier, and that no town meetings in such towns shall be held until the year 1S07. The terms of office under the election begin i January 1, 189S; by Senator Wray Providing that boards of supervisors shVil direct the enrollment of taxes or assessments rejected by the controller. Bills passed: Scheerer's, validating the act of the board of supervisors of Albany county in voting to issue bonds to realize for the purchase of the Albany Savings Bank building for use as a court bouse; Schmidt's, changing the time of municipal elections in Amsterdam from spring to fall.

The senate adjourned until to-morrow. ciety, lie said, and submitted to the legislature, urging that the courts be given discretionary power to call upon three or four superintendents or assistants in state insane asylums to act as a board of experts in criminal cases where the plea of insanity is interposed. He denounced the Ainsworth alcoholic and narcotic instruction law, and said the bill now before the senate providing for its modification was not adequate. In the medical schools of the state there are now 3,530 students, a gain over last year of 700. Phjsicians should make a strong and united effort, he said, to have laws passed this winter for their own protection.

Nine-tenths of the cases now brought against physicians in the state were malicious, and when brought to trial were found to be utterly without foundation. The recommendations were referred to a committee. The report of the treasurer. Dr. Charles Porter, of Albany, showed receipts $4,509, expenditures $2,303, balance $2,205.

The committee on prize essays unanimously awarded $100 to Dr. A. L. Benedict, of Buffalo, who also took the prize Inst year. His subject was "Non-Organic Diseases of the Stomach." A special committee was appointed to draft a bill providing for the establishment in each county of a board of examiners of mid-wifery.

Dr. W. P. Mason, of Troy, late of the Pasteur Institute, read a paper on "Water and Its Relation to Disease." A report was presented by a special committee on the law concerning the duties of nurses in cases of threatened blindness in infants. After reviewing the law intended to prevent blindness, and the difficulty secured in bringing about its enforcement, the committee recommends that the members of the committee on hygiene be requested to hold themselves in readiness to report to the proper legal authorities any cases of violation of the present law, whenever the facts shall come to their knowledge, and to watch the prosecution and report to their respective medical societies any cases where the district attorney fails to act with requisite promptness and energy, and that the committee on legislation be requested to obtain if possible another special law for the prevention of blindness in this state which shall have a more definite and greater penalty prescribed than in the existing law of 1S01.

Several papers of technical interest were read. At 2 o'clock the vice-president laid before the senate the house bond bill and the free coinage substitute. Senator Jones who has parliamentary charge of the bill, tried to have an understanding arrived at by which the bill should be voted on next Thursday. Various suggestions were made and modifications offered; but objection was interposed by Senator Hill N. who said that he knew several senators who desired to speak; and he could not consent to the agreement until they had opportunity to present their views.

He expressed the hope, however, that a vote might be had on Thursday. Senator Jones then gave notice that he would ask the senate to remain in session next Thursday until a vote was reached. Senator Wolcott Col.) expressed the hope that the physical test would not be applied. He had heard it said, again and again, that it was the silver people, so called, who were endeavoring to stave off a vote on the bond question; but now it was seen that it was senators from the East who were and who were willing to postpone the vote. Senator Hill asked whether the senator from Colorado referred to him as trying to postpone the vote.

"Certainly not," said Senator Wolcott sarcastically. "How could I accuse the senator of that when he has just been on the floor asking for further time Senator Teller Col.) gave notice of an amendment which he would offer to the substitute, providing that, after July 1, 189G, all national bank notes shall be redeemed in coin when presented to the banks issuing them, and that banks failing so to redeem them shall be dissolved. Senator Clark Wyo.) addressed the senate in advocacy of the free coinage substitute. Senator Voorhees Ind.) next addressed the senate, also in support of the free coinage substitute. The country, he said, was in the mids of a revolution, brought on by those who plotted against silver.

It was that class which brought on panics, destroying the parity of the metals. He characterized as revolutionists the men who demonetized silver in 1S73. These men had sought to overcome the cocstitution, the laws and the policy of a century. Senator Voorhees went on to criticise Senator Sherman's financial record, remarking that the senator from hio believed in sound money "for Wall street, not for the soldiers." The gold withdrawals of the last year, Senator Voorhees said, were part of the conspiracy to compel the issue of interest-beari lg bonds. Ruin had followed in the train of demonetization.

Speaking of the Sherman act, he designated as the celebrated and ill-omened act." Never before, he said, had a member of a parliamentary body found himself compelled, as Sherman had. to assist in putting to death his own offspring. That act stood openly confessed as an unnatural monster, and as a menace to the prosperity of the country. The act repealing its silver-purchase clause had declared it to be the policy of the United States to maintain the use of both gold and silver as standard money, and to coin both gold and silver into money of equal intrinsic and exchangeable value. That policy had received th sanction of both houses of congress and had been approved by the executive on November 1, 1893.

There it stood, and would stand forever. That doctrine had been indorsed and upheld by all the great names in American literature, from George Washington to Abraham Lincoln. The giants of other days were all one way on that question, just as the people were to-day. No citizen of the United States could tie benefited by the banishment of silver, its degradation and destruction, unless he was the owner and holder of idle money which he desired to invest in cheap labor, in property at half its value, or to loan it at usurious rates of interest. Senator Gray Del.) argued against the free coinage substitute, and was in favor of the proposed bond issue.

He declared himself in favor of relieving the treasury from its unnatural, abnormal banking functions, of retiring the greenbacks and of restoring the treasury to its natural and old-time functions. Resolutions expressive of regret at the death of Frederick Riemann. latj representative-elect for Illinois, were presented by Senator Turner HI.) and agreed to, and at 5:4." o'clock the senate adjourned unlil to-morrow. THE 1 i CHRONIC DISEASE SPECIALIST Wishes to announce to the public that has removed his office from 1U X. Washington street, to No.

100 S. Fitzhugh street Rochester, whera he will continue to cure the sick by the electro-magnetic and mus-6age system as an auxiliary to the best medical formulas known to the medical science. The doctor' great success curing all chroma diseases by the above methods speaks volumes for his future success. The voices of hundreds of patient throughout tbe surrounding counties are lifted in praise for the good results they have received by taking electro-magnetic treatments at Dr. ErmeDtraut's Institute and the cood words and wishes of those that have been cured is one of the tost advertisements that auy doctor could ak to insure his future success.

From time to time we get the consent of some of the patients who Lave been cured to ute their testimonials in our advertisements, atd we have a number of such testimonial which we will give to the public iu a few clays. Watch the papers for thorn be you sick or well, they will interest you. But don't forget that the institute has moved from 19 North Washington street to 100 Kouth Fiu-hugh street, where the doctor can be consulted free from 9 A. M. to 8 1.

M. McGough shoot William Ross in the back of the head. McGough also now admit that his accu sation that John II. Inland shot Robert Ross is also false. He also confesses that his puriiose throughout his testimony on the trial was to say anything thut would hvlp Shea and that what perjuries he committed were committed to save himself au benefit Shea.

The brief continues; "A perusal of the evidence will satisfy the mind of every judge who has reviewed the case that there is no possible mistake in the conclusion that the present story of McGough is unworthy of consideration for an instant, in comparison with the weisht of the evidence of the i'oplo; and finally: T.he reversal of this verdict tn this fornra under the conditions which have been pre sented would shock thr moral sense of mankind and put in peril the faith of so- ciety in the wisdom of the judicial tribunals of the state. It would be in derogation of the principle of natural justice nnl its formulated expression in th? enactment! of Mr. Hitt said last night that if a new tiial were granted an attempt would made to have it in some county other than Rensselaer. THE SCHOMBURGK LINE. What Ex-Consul Scruggs Says of the British Venezuelan Claims.

Washington, Jan. 28. The Ixmdoa Times of January 24th contained a statement that England had abandoned the Schomburgk line as a limit, and excluded only from arbitration settled districts; that is, IJritish districts; that any proposition on that line made by Venezuela or by the United States in her Ix half would be favorably received; that the door would th be open for counter-propositions; that it was no secret that Lord Salisbury was anxious to receive and favorably consider any fair and frank proposition looking to settlement, etc. William E. Scruggs, ex-United States minister to Venezuela and now the leiwl counsel of the Venezuelan government in Washington, stated to-day that that is very misleading.

"The professed abandonment of the Schomburgk line, coupled with the reservation of settled districts is, in point of fact, no more nor less." he says, "than the re-assertion of the Schomburgk line as a limit, because every available point within the Schomburgk line, and certainly every strategic point within that line, has bee settled, either by mining camps or polict stations, etc. If the propositions of the Times woulJ exclude recent settlements those made within the last fiftven years, it would be a pnijiical restoration of the status quo of lVn. and that is all Venezuela has ever asked at a preliminary measure to arbitration. If. after propvr investigation, England's title to any territory east of the AWrdeon line, thnt is to say between the Morocco and Essequilo rivers, should found defective, that too could ht submitted to arbitration.

And that to all intents nnd purposes would lie in accordance with the agreement of May lo, 153, by Eord Granville, which was to submit the whole cas to arbitration, but that agreement by Lord Granville was repudiated by his successor. Iord Salisbury. jnt two months later. So that in the absenc of some explicit understanding as to what should lie understood by 'settled what nnmlier of years or what time is necessary to give them that character and whether police stations and sentry bmes and mining camps shall lie considered British settlement, it would lx worse than futile to begin negotiations on the basis proposed by the Timt's. "It is hardly necessary to state that Venezuela is now ready, as she has ever been since 1S44, tf submit the whole question of boundary, without condition or reservations, to impartial and friendly arbitration." New York, Jan.

2S. A dispatch from Caracas to the Herald says: "Many women lure have organized for the protection of Venezuelan interests an against European aggression. They announce that they (have established a boycor against English goods." For Dyspepsia rsit nonsronn's acid rnosrnAT. Dr. J.

Guy McCandless, Fittsburgh, Ta sr.js: "I have used it in various forms of dyspepsia, with gratifying results." a speedy cure for the most obsti HALE'S HONEY OF HOREHOUND nate cough. It cannot fail AND TAR Hale's Honey of Horehouod and Tr acts like magic (or a cough or any throat or broDctuU trouble. Ask your drug- Pike's Toothache Drops eurs in one minute. after this has been done the committee on finance will be able to report the tanil bill. A number of matters pending before the committee were discussed, but no action taken.

Much of the time of the committee was consumed in an informal discussion if the compromise suggested by Senator Gorman as a substitute to be reported from the committee on conference after the house bond bill with the senate free silver substitute gets into conference. This proposition contemplates the issuance of $5110,000,000 of gold bonds with which to retire the government's present gold obligations (greenbacks and treasury notes), the declaration that all bonds now outstanding, regardless of the provisions of these obligations, shall be made payable in gold, and the opening of the United States mints to the free and unlimited conage of silver. This proposition found few friends in the committee. Republicans were antagonistic to a man. The argument was made that this proposition would only work harm to the country, and was intended more as a political compromise than a solution of the financial problem.

It was pointed out by one of the sound-money Republicans that it means simply a gold basis for landholders of the country and a silver basis for every other class, and upon such a groundwork the financial fabric could not rest securely. Of course, this discussion was entirely informal, but it developjd enough to show that such a proposition would find few friends and many powerful enemies in the committee of the senate which dominates its financial policy. THE SUFFRAGISTS. The So-Called Woman's Bible Repudiatd by the Association. Weshington, Jan.

2S. The National Woman Suffrage Association to-day adopted resolutions demanding suffrage for all American citizens of the United States, women and men, upon reasonable conditions attainable by all, as a right and not as a privilege; rejoicing in the admission of Utah to the Union as a third woman's suffrage state; petitioning congress and the state legislature to secure to the women of this nation the full rights of citizenship; congratulating the women of Kentucky upon having recently secured the election of four women upon the municipal board of education in Lexington; appealing tx congress to take measures for stopping the Armenian massacres and also expressing sympathy with the men and women in Cuba in their struggle for independence. In addition to the above the following was adopted by a vote of 53 to 40: "That this association is non-sectarian, being composed of persons of all shades of religious opinion, and that it has no official connection with the so-called 'Woman's Bible' or any theological publication." The resolutions also demand state and national legislation that mothers shall have equal custody and control with fathers over their minor children. The action of the National Turity Association in endeavoring to secure better protection for youths is commended and the establishment of a permanent international board of arbitration favored in the resolutions. Explanation From Terrell.

Constantinople, Jan. 23. United States Minister Terrell desires to correct the statement contained in a Constantinople dispatch of January th, in which it was alleged, upon the authority of the official journals, that he had praised the action of the Turkish troops upon the occasion of the massacre at Biridjik. The fact was that the ISiridjik troops at Aintab nobly defended the Americans during the disorder, and slaughter at that place, and at the request of the troops themselves, Mr. Terrell mentioned them favorably to the porte.

Mr. Terrell never praised the action of the Turkish troops at Ciridjik, there having been nothing praiseworthy therein. Eerlin, Jan. 28. The Reichsanzeiger, the official gazette, in announcing the death of Theodore Runyon says: The government sincerely deplores the death of the Hon.

Theodore Runyon, United States ambassador to Germany, an eminent statesman who was ever anxious to preserve the good relations between Germany and the United States and in which he succeeded. He acquired during the three years of his service in his office a constant increase of the respect and high esteem of all who were officially or unofficially acquainted with him." The Mullin's Appeal Bill. Albany, Jan. 2S. The senate codes committee this morning considered Senator Mullin's bill, allowing an appeal by either side in criminal cases to the appellate division of the supreme court when a new trial is granted or refused in a motion based on the ground of newly discovered evidence.

This is the so-called Shea bill. Senators Rums and Guy were absent, and the committee postponed action until tomorrow at 3 P. M. Fourth-Class Postmasters. Washington, Jan.

28. Fourth-class postmasters were appointed to-day: New York, Alfonce Burk, Pelmont Center; F. A. Shekey, Gravesend; H. C.

Farnum, Oakland. A Hundred Reasons Can lie given why Stuart's Dyspepsia Tablets are the best and most effectual cure for every form of indigestion. They are in tablet form which retains their good qualities indefinitely, while liquid preparations become stale and useless with age. They are convenient, can be carried in the pocket and taken when needed. They ere pleasant to the taste.

After each meal dissolve one or two of them in the mouth and, mingling with the feed, they constitute a perfect digestive, absolutely safe for the most sensitive stomach. They digest the food liefore it has time to ferm nt, thus preventing the formation of gas and keeping the blood pure and free from the poisonous products of fermented, half-digested food. Stuart's Dyspepsia Tablets make the complexion clear by keeping the blood pure. They increase flesh by digesting flesh-forming foods. Stuart's Dyspepsia Tablets is the only remedy designed especially for the cure of stomach troubles and nothing else.

One disease, one remedy, the successful physician of to-day is the siiccialist, the tucccssful medicine is the medicine prepared especially for one disease. A whole package taken at one time would not hurt you, but would simply be a waste of good material. Over six thousand men and women in the state of Michigan alone have been cured of indigestion and dyspepsia by the use of Stuart's Dyspepsia Tablets. Sold by all druggists at 50 cents per package. THURSTON WILL STAND BY THE MONROE DOCTRINE.

AGAINST ALL EUROPE MORE THAN A MERE BOUNDARY AT STAKE. A NATIONAL PRINCIPLE If All the Navies of Europe Were Thundering at American Harbors and Shelling the Dome of the Capitol This Senator Would Vote for the Resolution. Washington, Jan. 28. In presenting a petition in regard to the Armenians, Senator Turpie Ind.) spoke of the recent outrages upon them, and said that the only charge against them, their only crime, was being Christians.

Che time had come when an official notification should be givea to Turkey, and to the Ma-hemmedan church, that they must cease to proselyte by the sword. The Turks ought to be notified that they must erase from their book of discipline that practice of the Mahommedan church, which makes use of arson and murder to suppress the Christian faith, and he would have that notification followed by a shot which would go crashing through the grand seraglio. He was in favor of giving "the sick man of the Bosphorus" the coup de grace, and of ending his life and system by dissolution and destruction. Senator Allen Neb.) gave notice of an amendment to the bond- and free coinage bill, depriving the secretary of the treasury of the power to issue bonds or other interest-bearing obligations of the government, unless congress shall first declare a necessity therefor. Senator Kyle S.

offered a resolution, which went over until to-morrow, instructing the postoffice committee to inquire into charges as to the mail bag repair division of the postoffice department. Senator Lodge Mass.) offered a resolution which also went over until tomorrow, calling on the civil service commissioners respecting the civil service law between the public printer and the commission from July 1, 1895, to November 1, 1893. The resolution heretofore offered by Senator Call Fla.) for a special committee to investigate the case of the imprisonment of Eugene V. Debs, for contempt of court, was laid before the senate and Mr. Call said he had offered the resolution at the request of a labor association.

Senator Hill N. said that ordinarily he had very great respect for the laboring people of the United States; but he was not aware that any comunication from the laboring people asked the senate for the proposed investigation. If it was to be made, lie thought it. should be by one the standing committees of the senate. He therefore offered an amendment instructing the judiciary committee to investigate the whole subject of contempts of court as enforced by federal courts.

Senator Call opposed the spoke of the standing committees of the senate as the 'sepulchre of popular movements for reform," and of Eugene V. Debs as "a great leader, a man of power, and a representative man." Senator Hill argued that, as the question involved was a judicial one, it should be referred to the judiciary committee. Besides, he said, the Debs case had been already decided in the supreme court, to the effect that his imprisonment was legal. Senator Allen Neb.) asserted that the supreme court had done nothing of the kind. It had merely decided that the writ of habeas corpus did not apply to the case-He added that if the senator from New York knew anything "about this man Woods (the United States circuit court judge who had imprisoned Debs), if he knew the stain that hung upon him when he was appointed as a reward for political trickery, the senator would not give much for his decision." Senator Hill said he was not called upon to criticise Judge Wood's decision.

It was enough for him that Debs had appealed to the highest court of the United States, and had obtained no relief. The Call resolution was laid aside and Senator Thurston (Rep Neb.) addressed the senate on the question of the Monroe doctrirw. Senator Thurston said that if there was nothing at stake but a mere adjustment of a boundary line Venezuela and British Guiana, he should hesitate long before voting to commit this government to any interference. But the present question rose high above any Venezuelan dispute. He would voe for the pending resolution, not as an affront to any other nation, but to uphold the dignity of our own.

I would vote for it," said he, were the navies of all Europe thundering at our harbors; I would vote for it were the shells of British battleships bursting above the dome of the nation's capitol; I would vote for it, anil would maintain it at all hazards and at any cost, with the last dollar, with the last man; yea. though it might presage the coining of a mighty conflict." la what gives Hood's Sarsaparilla its great popularity, its constantly increasing sales, and enables it to accomplish its wonderful and unequalled cures. Tho combination, proportion and process used In preparing Hood's Sarsaparilla are unknown to other medicines, and make Hood's Sarsaparilla Peculiar to Itself It cures a wide range of diseases because of its power as a blood purifier. It acts directly and positively upon the blood, and the blood reaches every nook and corner ol the human system. Thus all the nerves, muscles, bones and tissues come under the beneficent influence of HOOCH' Sarsaparilla The One True ISlood J'urifier.

(1 six for 5. w.tm enre Liver Ills; easy to llOOU PllIS take, easy to cerate, so. OPENING OF THE HEARINQ FOR A NEW TRIAL. ON ITS OWN MERITS THE PRESS AND PUBLIC MEETINGS TO CUT NO FIGURE. THE OPENING FOR SHEA Mr.

Raines Announced That the People Would Submit all the Evidence for the Prosecution at the Trial to Offset the Confession of McGough. Troy, Jan. 2.8. The hearing on the application for a new trial for "Rut" Shea began at Schoharie at 10 o'clock this morning before Judge Mayham, in the special term of the supreme court. The court room was crowded.

Many of Shea's friends and a portion of the citizens' com mittee of Troy were present. Attorneys Galen R. Hitt and John T. Norton appeared for Shea. Hon.

George Raines and District-Attorney Fagan, of Rensselaer county, represented the people. liefore opening the case, Judge Mayham inquired of counsel how much time would be required by each side. Mr. Hitt suggested the conclusion of the argument to-day, Mr. Raines stated that the confession of McGough made necersary the submission to the court of the entire evidence, consisting of 2,800 pages, upon which Shea was convicted, in order that it might be weighed in the scale? of justice against, the confession of McGough.

A reference to the published reports by Mr. Raines led the court to remark that articles in the pi ess and the action of public meetings would not be regarded in the case which would rest entirely vipon the evidence. Mr. Hitt remarked that his side desired to have a decision reached before February 4th. Judge Mayham stated that in the event of a decision not being reached by that time, recourse could be had to the governor whose action had permitted the case to come before the court.

Mr. Norton then began the formal argument for Shea. One of the strong points to be made by the defense was the fact that the crowd headed by John II. Roland, chased McGough after the shooting, ignoring Shea. It was argued that the crowd rushed past Shea as he was leaning bleeding against a wall in eager pursuit of McGough, and firing at him as he ran.

It was also claimed that John Ross pointed out McGough as the slayer of his brother Robert, and directed the crowd to follow him. It was also argued that Shea was allowed to go unmolested. The arguments was made that to the time Robert Ross rushed up to the declivity from the gully and fell the witnesses on both sides gave testimony consistent with the confession of McGough. The idea of fastening the crime on Shea was an after thought. Reference was made to the coaching of witnesses in Frank Black's office.

It was also pleaded that McGough's actions at the time of tine trial were to save himself, he firmly believing that Shea could not be convicted of a crime which he himself had committed. It was only at the eleventh hour that he confessed and placed himself in peril of death to save the life of Shea. This was the substance of one of the points made by the defense. The brief of the prrnecution was exhaustive, covering 24S pages of printed copy. After reviewing the affidavit made by McGough in Clinton prison, the brief goes on to show that the evidence of McGough on the trial of Shea contradicted directly every new fact now stated by him as to his position, Ross's position and the shoting of Robert Ross by him.

The evidence wns read by him to show that McGough expressly denied that he shot Ross or had any encounter with him. Attention was also called to affirmations that he was not in the ravine with Robert Ross; that he was not behind Ross. A number of new affidavits recently made before Mr. Fagan were introduced. Deputy Sheriff Willinm Ewen swears that the reputation of McGough is that of an unprincipled, unscrupulous and desperate man, and that he is not entitled to or worthy of credit or belief.

Affidavits of many other citizens corroborate this evi donee. The argument on the law shows that the grounds upon which the prosecution based its statement that a new trial should not be granted on McGough's confession are that the statement of McGough is not now- ly-di covered evidence and is cumulative. Again, the present statement of MeGouch is contrary to the evidence given nt the trial, and he himself now admits that his evidence nt the trial was false. Such an impeachment and contradiction of Me- Gougn is contrary to the evidence given at the trial, and he himself now admits that his evidence at the trial wns false. Such an impeachment and contradiction of McGough as witness on the trial Is not ground for granting a new trial, as the rule is well settled that newly-discovered evidence which merely goes to discredit a witness on trial is not ground for a new trial.

That MeOcmgh impeaches himself does rot alter the rule. When evidence Is clearly cumulative, consisting of additional witnesses to the same facts, testified to on the former trial, or of additional facts and circumstances tending to establish the points established before, it has leen universally held that it is no ground for a new trial. The brief concludes with a lengthy argument on the facts of the case. It states that so evidently correct had Ixn the decision of the judge that the counsel for Shea, in their elaborate brief before the court of appeals, presented no exception for consideration by that court to the rulings of the judge with regard to jurors. Every technical and substantial right of the defendant Shea has leen decided by our highest court to haw leen guarded and preserved to him on his trial.

McGough picks out two or three points in tho evidence in the trial and denies their truth, but leaves other undenied. His new assertion that IJoWrt Ross rose from him, prssed northwesterly four feet and was then shot in the back of the head by McGough. is a thing which fifteen pvrsons upon the trial have sworn did not occur, for they say that Ross was sitting down npon the ground when Shea came behind him and shot him, and that he never moved, while six of them say that McGough was then un Ivr Ross. The evidence of McGough is further impeached in the fact that though he swears he did not shoot RolH-rt Ross's brother William Ross, for which he was convicted, not one person in the entire assembly of seventy-live at the polling place taw anyone but IN THE ASSEMBLY. Butts's Bill to Relieve a Certain Class of Saloonkeepers.

Albany, Jan. 28. The annual report of the state reservation at Niagara was handed down in the assembly to-day and ordered printed. Mr. Butts sent to the desk a notice that on Wednesday, January 20th, he would move to discharge the committee on excise from the further consideration of his bill introduced last night for the relief of saloonkeepers who are proprietors of places in New York within the limit and who were affected by a recent decision of the court of appeals.

Mr. Butts also gave notice that this action on his part would be for the purpose of progressing the bill to third reading. Bills introduced: Mr. Hughes, appropriating $15,000 to furnish arms and equip-nents for Troop of the National Guard; by Mr. Trainor, providing for the appointment in each judicial district of a board of electrical examiners to determine their qualifications and give a rating to all persons engaged in operating electrical apparatus in buildings; by Mr.

Sclrerer, increasing to sheriff's fees for notifying jourors to attend trial terms of court; by Mr. Ablett, authorizing the Cohoes company to construct dams to improve its water power; by Mr. Austin, providing for the payment of justices of the appellate division of the supreme court when engaged in work outside their district; by Mr. C. Smith, authorizing Buffalo to remove and re-inter human remains buried in the cemetery at the corner of Deleware and Her-tel avenues; by Mr.

McGraw, legalizing proceedings taken in establish a union free school in Schaghtiroke. Rensselaer county; bv Mr. Coon, legalizing action of sewer commissioners in Terry; by Mr. Stench-field, limiting appears to the court of appeals. Bills passed: Schmidt's, changing from spring to fall the time of holding the municipal elections in Amsterdam; Austin's, empowering the governor to change the legislation of justices of the appellate divisions of the supreme court; ITUl's.

allowing the county clerks to deputize a clerk to sign the clerk's name in books of record. The assembly adjourned till to-morrow. THE EXCISE BILLS. Third Hearing Before the Joint Committee Yesterday. Albany, Jan.

28. The third of the hearings on the excise bills was held in the senate chamber this afternoon before the senate committee on taxation and the assembly committee on excise. It was given up entirely to the arguments of those opposed to the Raines resolution on the tax bill. The speakers were Mr. Fanning, representing the New York state and city liotel keeners: Samuel Untermeyer, repre senting the brewers; Adrian Paradies, representing the Kings County Pharmaceutical Association; J.

II. Meyer, represent ing the Brooklyn grocers; J. II. L-aiianan, representing the State Grocers Association; Frederick B. House, representing the State Liquor Dealers Association, and Herman Sulzer, representing the Ball Room and Park Association, of New York city.

Each speaker declared that the bill bore especially against the interests represented by him. It was attacked by several of the speakers on legislational grounds, on account of the alleged inequality of its til 3 o'clock to-morrow afternoon. E. M. Tierney, of the Arlington hotel, Binghamton, N.

who is president of the New York State Hotel Keepers Association, was present at the hearing to-day. He said in an interview that the exorbitant license fee proposed by the Raines bill would be a great burden on hotel keepers. Mr. Tierney said, in behalf of his association, that he would submit an amendment to the bill as follows: For cities of the second class, a license to nf xriOO! third class. S200: incorporated villages, $150, all other places, $100.

These figures would, in his judgment, tie satisfactory to the hotel keepers throughout the state. Mr. Tierney opposed the proposed increase most strenuously in the interest of the country hotel keepers. He said the imposition of an excessive taxation at this time, after going through the great depression in business so universal for a few years past, would be a great burden. STATE MEDICAL SOCIETY.

Opening of the Ninetieth Annual Session at Albany. Albany, Jan. 28. The State Medical Society assembled in this city to-day for its ninetieth annual session. Over 200 members were present.

Dr. Roswell Park, of Buffalo, the president, in his annual address said the state society should take steps to re-establish cordial relations with the American Medical Society. He declared himself in favor of a change in the by-laws to permit the society to meet elsewhere than in Albany, on account of the Ioor hotel accommodations here. He called the attention of the members to the medical department of the state library, and urged that tbe legislative committee endeavor to secure the passage of a bill providing for an annual appropriation for the building up of this department of the library. He also suggested the issuance of a catalogue of medical books at present contained in the library and that arrangements be made with the state librarian for furnishing traveling medical libraries.

He urged the passage of a resolution to the effect that the legal fees for post mortem work are too small and should be raised. A nx'morial ehould be prepared by. the so A FAR REACHING BILL. A Measure Calculated to Limit the Right of Appeal to the Court of Appeals. Albany, Jan.

28. A bill was introduced in the assembly to-day by Mr. Stanchfield, to amend the code of civil procedure, which is far-reaching in its effects. The principal feature of the bill is that portion of it which limits the right of appeal to the court of appeals. The amendment is as follows: No appeal shall be taken to said court from a judgment of affirmance hereafter rendering in an action to recover damages for a personal injury, or to recover damages for injuries resulting in death, or in an action to cancel a judgment or written instrument, as in fraud of the rights of creditors, when the decision of the appellate division of the supreme court is unanimous, unless such appellate division shall certify that in its opinion a question of law is involved which ought to be reviewed by the court of appeals, or less in case of its refusal to so certify.

t.n appeal is allowed by the court of appeals." The object of the amendment is to expedite the work of the court of appeals. At the present time the court of appeals has upon its calendars in the neighborhood of thirteen hundred cases. Under ordinary circumstances it would require a year for their disposition. Witn the accumulation of appeals, proceeding at the same ratio as heretofore, the calendar of the court of appeals will, in a short time, become so incumbered as practically to deprive suitors of justice. It is estimated that it will require two or three years to reach a case after the present calendar shall have been disposed of.

A great number of actions that are appealed to court of resort really involve no question? of law. The facts have been adjudicated by the lower tribunal, and appeals, in many Instances, are interposed simply for purples of delay. Mr. Stsncbfield's biil is of vast importance to the legal profession, and if passed will work effective md radical reliefs from th? delay heretofore incident to litigation. Prominent lawyers interviewed in and about the capitol, exn.vss the opinion that the measure is a proper one, and ought to become a law.

THE COMMITTEES. Bills Which Will be Reported to the Assembly Favorably. Albany, Jan. 28. The assembly cities committee to-day decided to report favorably these bills: Winnes, authorizing Schenectady to borrow $35,000 and to issue bonds for the payment of certain exjienses.

Also, authorizing Schenectady to raise annually $50,000 by taxation for city expenses. Wells's, dispensing with the five days' notice for improvements in streets of Syracuse, when such improvement have been made at the request of half the property owners upon the street. B. D. Brown's, providing for public scales for weighing coal in Gloversville.

Goodsell's, providing for the completion of the improvement to Downing park in Newburgh. The codes committee of the assembly will report favorably these bills: Charles's, compelling county clerks to keep on file notices of pendency of actions; Armstrong, authorizing the appointment i and fixing of salary of stenographers to justices of the appellate division of the supreme court. State Medical Examiners. Albany. Jan.

28 The State Board of Medical Examiners met in the regents' department to-day, Dr. W. W. Potter, of Buffalo, acting as chairman. The following officers were elected: President, Dr.

William C. Wey, of Elmira: secretary. Dr. Maurice J. Levi, of New York; Syllabus and question committee, Drs.

George Ry-erson Fowler, of Brooklyn, and Maurice J. Levi, of New York. The report of the board for the years shows that of the 5S2 candidates who appeared for examination, 420 received licenses to practice and 102 were rejected, making the percentage of failures 27. The Homeopathic and Eclectic Boards during the year each rejected twelve per cent. The State Hospital Bill.

Alhnnr. Jan. 28. Governor Morton this afternoon signed the Manhattan State Hospital bill, which transfers New iork citv urn! countv insane to state care and hrW the New York asvlnms under con trol of the state commission in lunacy, the various asylums to be known ns the Man- tlflttnn it1t. Ifncmitfll- This is similar to the bill vetoed last winter by Mayor Strong and its enactment into law win save York city over a million and a half of dollars annually.

IN THE HOUSE. A Question Over an Official of the Document Room. Washington, Jan. 23. A joint resolution was passed in the house, authririzing officers and enlisted men of the army, who are members of the Sons of Veterans, to wear the badge of that organization on all occasions of public ceremony.

The consideration of the resolution reported yesterday from the committee on accounts, by Mr. O'Dell N. providing for the appointment of an additional employe in the document room, gave rise to a discussion of the increase of force. In ihe course of discussion the case of Major Coombs, an old Democratic employe, who was retained under a resolution of the committee on accounts, came in, and Mr. Miles MI.) told Mr.

Stone that, according to statements made by Repnln lican members, his place could not be filled. Mr. Stone retorted that the Republicans would try to do so, if they were given time. I am tired," he said, of having it thrown in our faces that we are spending public money to pay employes appointed by the Democrats, and I do njt think we ought to afford the Democns tins opportunity any longer than is necessary." After further deb.ite the resolution was agreed to. On motion of Mr.

Hitt 111.) the house went into committee on the diplomatic and consular appropriation bill, and the bill was passed. On motion of Mr. Fayne N. senate bill was passed, authorizing the secretary of state to invite the delegates to the international marine conference to reconvene in order to further consider the code of rules of the road at sea. By unanimous consent a bill introduced by Mr.

Grow Ia.) was read and referred to the committee on education. It appropriates $100,000 for education of persons so that they shall be qualified to teach deaf children to nnderst.ml speech. Mr. Iladley (Rep-. announced the decease, on July 14th last, of Fmleri-k Riemann, his predecessor from the eighteenth district, and as a mark of respect, the house, at 2:35 o'clock, adjourned until to-morrow.

TnE TARIFF BILL. It Will Not be Reported in the Senate Until After the Vote on the Bond Bill. Washington, Jan. 28. The tariff bill will not be reported to the senate until after the vote has been taken in the senate en fi-ee coinage substitute to tlu house bond bill.

The finance committee did not take the bill up for consideration this morning; in fact it was not referred to in the full meeting, but an understanding was reached before the Democratic members arrived at the committee room. It is apparent.