The New York Times from New York, New York • Page 1

5 i 't 4 i -I "All the News That's 'Fit to THE WEATHER. 1- Showers fresh leasterly 1 i i 7' (J 4 I vm: i.iiir TO-DAY: TWELVE PAGES 1 id cuoiincs Eurnixm e.y2red83e: ch corn. No. 2 mixed. 43Vc; cash cotton, 0 S-loo.

FOREIGN. Th Trench Minister to Chin naa denwndsd mining concession to th Jluof iuf.OW taefii la th Provino of x-chun Indemnity for th rcnt Jmprtsonment of a French priest The daughter of French army officer baa JrHten a -note to the President of tie Lxwrt of Cassation saying she received from the late CoL. Henry private ecr-Jary before suicide many important 1 Cocuments bearing; upon the Dreyfus case. them being- letters written by prey-fu to mperor William. Cs.pt.

Nay-lor-Lyland, the -English statesman. Is dead. The roval vitrh will lajinched Pembroke to-day and many dignitaries aiienaanc. rages ana Cardinal Gibbons. In a sermon fn Baltimore I yesterday, characterised a recent divorce and speedy reroarrtag In New York as a rim against Christ.

Cable advices from Manila say the next pitched battle with the Filipinos will ba at Bacolor, an Important town seven miles southwest of Ban Fernando, where Oen. I MacArthur's troops are. now encamped. till thousand rebels are at Bacolor, well armed and intrenched. iThe Governor's decision In the Seventy-first Regiment case scores the three senior ofti-: cars of the command and pays a high tribute to the bulk of the other officers and enlisted men.

Major Smith Is ordered be-, fore a board to Inquire Into his fitness) for service In the National Guard. -Pas; 8. national conference on trusts Is to be called in a tew day by the Chicago Clvlo Federation. HThree large meeting held In Chtcacgo yesterday indorsed the Administration policy In the Philippine. IThe horse, show In Brooklyn came to an nd Saturday night.

Controller Coler, and Miss Bedford won prize. She auxiliary cruiser Buffalo reached this port yesterday, Commander J. N. carrying 697 people from Ma-, illa- Most of them are marines or bluejacket; whoe term of enlistment have expired, and who are to be discharged. One man died on the way home, and was burled at Singapore.

PaT 4. Che funeral of Mrs. William C. Whitney will take place to-morrow the cathedral in. Garden City.

Bishop Potter will officiate. Judgment for fi8.Mfl.B3 was ntered against the Manhattan Railway Company on Saturday In favor of Augustus D. Sbepard, for damages to the Trinity Court Building. It was Obtained as the result of a deci-, J'on in the Supreme Court awarding- about 1112,000 for damages In fee and in rentals. The case baa been pending for eight and a naif years.

tThe Her. Dr. Newell Dwlght H1IU preached last night In Plymouth Church, Brooklyn, on John Ruakln's Seven Lamps of Architecture as Interpreters of the Seven Laws of ta celebration of the centennial of the consecration of the edifice In which they still worship, the congregation of St. Mark's Protestant Episcopal church began yesterday commemorative exercises, which will be concluded to-morrow." The faction of the Mount Olivet Baptist Church which adheres to the deposed pastor, tlx? Rev. Ir.

Daniel W. Wisher, held em huvlastic service in the West X.yceum yesterday morning, and beard a vigorous sermon. They intend to start new church under Dr. Wisher. 'Harmo- Til ous services were also held at the old church.

T. -1 IThe Rev. Dr, Charles A. Brlgrs preached in Holy Trinity Church of Harlem yesterday In his; sermon" he declared- that Christianity was not an Infant class, and that to understand the Bible It was necessary to study It. It "wan not.

he declared, for the listless and the idle, nor was truth to be received on tradition. In the nev er criticism of the Blb'e be said that nothing had been injured but human traditional opinions. There aa a large congregation to hear the serine Pas; 8. Daniel Cronln's chants; on a ledge of rocks In Om Hundred and Twenty-fourth Street, near Amsterdam Avenue, was de- stroyed by tire last night and the other. residents or tne neighborhood are rejoicing.

Mr. Cronin declares It was lncen- diartsnv A dog and a goat attacked -the firemen and impeded them at their work. Psg ia. ftUra F. Merrill, one of the best known figures at Coney Island, where he Was proprietor of the chutes and toboggan slides, died yesterday.

IThe Rev. Dr. Madison C. Peters the Bloomlntrdale Reformed Church twian last night a series of Sunday evening lect ures on wnai uwi to the taking for his subject "The 'Jew as a Patriot," Arrivals at tTotel and Out-of-Town Buy-' era Pass Marine Intelligence and Foreign Malls. r( a.

Yesterday's Fires. Pag 2. uoun tjaienaars. rage a. Zxses by Fire.

Page 2. Real Estate. Page 10. Markets. Page' 10.

Kailroads. Pag 2. Society. Pac 7. Fir and Dynamtt Destroy Balldlag.

WOONSOCKKT. R. May T. Not only' wer all the buildings connected with- the Wocnsocket Driving Park burned this after- Boon, but fifty pounds of dynamite stored In. on of the stable exploded and added considerably to the devastation, besides baking up the country for miles around.

At the tiro of the explosion A. C. Stacy, the supervisor of the nark, wna in. an rl- Joining- bulldlnr twentv feet awav. and onlv received a few bruiser, although a similar structure the same distance away on the other side of the dynamite was completely demolished.

The buildings destroyed were aiuea ac o.uuu i ns small bulldlturs first took: fir from hruBh Am In Ainttu and th strong breeze caused It to spread fwivrv ueip oouiq oe summoned. AtlAata Valverslty CoBasaeaeesaeat. s'- ATLANTA. May T. The baccalau reat sermon at AUanta University wlU ba preached Sunday, May 2S.

by be Rev. Ed- ward C. Moor ot Providence. It- and the commencement address will be given Thursday, June 1. by the Rev.

William H. Davis of Newton, Mass. On Tuesday and Msv 30 and SL th fourth an nual conference assembles at Atlanta University. This conference differs from most of tne negro conferences In that its Aim is to collect each year statistics and information on certain limited fields of in quiry la regard to th negro. This year.

i rxefrro in itusinesa win oe atacusseo. suid statistic from 1.300 colored business men will be presented. Laaaeh the Ryal Yacht. LONDON. May 7.

His Royal Hlghnes th Duk of York, owlnr to a sever 'cold, Is how confined to his room, and his physi clans have forbidden hint to attend, the launching of th royal yacht atPembroke tomorrow. The Duke of Connaoght and th Iuchess of York will witness the launching. The Prince of Wals ha visited York House dally sine Friday. Th Cablaet Crisis bT Dreyfas. LONDON, May Blowlta.

Paris correspondent of Th Time, referring to the retirement of. M. Charle de Freyclnet from th Dupoy Cabinet, says: Mis re: lirnatlon of te War Office portfolio was cue to nlS lemperameni wuto via ul ft la vain to discus what will ui iIaim hr his successor. repeat that the change can bav no in- Cuenc upon th Dreyfu case. Bl for Chtae Rallrea.

Vl LONDON. Mar 8 Th Peking correspon Times aars: The aegoUatlons ONE CEKT THE 71ST REGIDEHT CASE Major Smith Ordered Before Board of DECISION OF GOV. ROOSEVELT Bererely Scorts th Thre Senior Offlctri of the Command and Praises th Enlisted Men. i ALBANY, May, 7. By command of! the Governor, Adjt.

Gen. Andrew haa issued an directing- Major Clinton H. SroUb of the Beventy-Orat Regiment, who was Lieu tenant Colonel In the volunteer organiza tion, to appear before board of examination organized to inquire into his moral character, capacity, and general fitness, for service in the National Guard aa a commis sioned Th board, as constituted by the Include iBrlgY Gen. Peter' Doyle of the Fourth Brigade, Brig. Gen.

Robert Shaw Oliver bt the Third Brigade, and CoU-Robert T. Emmett of the First Regiment 'It will meet at the headquarters of the Third Brigade, In Albany, on May 17. This order Is the outcome of the Gov ernor's decision upon; the findings and rec ommendations of thai, court ot Inquiry appointed to make. an Investigation of the conduct of the' Seventy-first -Regiment dur ing- the Cuban campaign. Gov.

Roosevelt, after performing; what he describes as the stern and painful duty of showing- In Its proper light th conduct of th three senior officers of the regiment, pays a high tribute to th conduct of the ibulk of the other officers and of the. enlisted men" of th Seventy-first Regiment. The text of his de cision, maa puouo nere to-aay, is aa follows: i "At th outset I desire In the strong est manner to commend the admirable work done by the court of inquiry. It would be impossible to speak in too high terms of Its fearlessness and Impartiality. The senior field officers of the Seventy-first discredited their regiment, and therefore by just so much discredited the American volunteer service by their actions at San Juan; but it must be remembered to the lasting credit 'of the American volunteers that it was left to three of their number to punish tms wrongdoing; when the regular army naa signally failed to punish it.

if tne seventy-first Regiment had been treated as the Sixth Massachusetts was In Puerto Rico that Is, If the offending' field officers bad been at once -removed the whole trouble would have been avoided, and a very great service conferred upon both the army and the regiment Itself. The trouble In the' Seventy-first was a matter of common notoriety in the Santiago army, and after Gen. Kent made his report there was no excuse whatever for failure to take decisive action. In any war where large numbers of vol- unteeers are called Into the service the greatest danger to the country at large lies in the fact that verv many men by the ex ertion of various influences get commissions wnicn they are wholly -incompetent to Dear. They eagerly grasp at high regimental rank when thev are utterly without the training necessary to the proper performance of their duties, or else, though very posswiy men of amiable character in their domestic relations and of exemplary conduct as regards their clvlo and 'social duties, yet lack the OghtlBg edge without which no -man.

la com-Setent to do good soldier's work. there Is absolutely; no way to prevent men of this stamp from obtaining positions In which they may jeopardize tne weiiare 01 the country ana atsgrace tne country nag, save by making them understand that they will be held to a sharp and. rigid account ability for failure to perform aright the antnnti. anrl difficult duties of the vitallv responsible positions whioh they have sought with sucb thougntiess eagerness, xne nign- er the man ran a is, the greater is ms chance to win distinction and do honorable work, and the greater also must te 'the blame that rightly attaches to him If he Is guilty of failure or shortcoming; especially if his failure or shortcoming be tainted with lack of courage tne soidierscarainat vir- In this caBe. the facts.re perfectly clear.

The Seventy-first, with two wgtriar regiments, composed Hawkins's brigade, which led the advance of Kent's Infantry division in the San Juan fight of July 1. The brigade marched down the narrow jungle roaa toward the San Juan River. Before reaching It the Seventy-first was ordered into a trail which struck the river to the left of the road. According to Cot. Downs' own testimony.

Gen. Kent's orders were for him to take his brigade to the left along this trail nntll his right reached the ford of the river. and then to deploy, 'it oeing uncertain whether he would meet the Spaniards on the hither or tho further side of the road. Instead of obeying these orders. Col, Downs marched the realment along until Its head-- that Is the left struck the ford, when It re- colled, and he then naitea it ana Kept it lying down, in partly on Dotn sides of the trail.

In an Irregular column of twos or column of flles. It Is unnecessary to allude to the absurd pretense that this retrograde movement was a deployment. When the regiment halted. Gen. Kent told one of the rearmost officers.

Austin, mat ne wantea tne regiment to go forward; that If it could not go forward then he would find other renlments that would go. tapt. Austin tooa no steps to inform 001. Downs or wnat lien. Kent had said.

Soon afterward Gen. Kent sent orders to Col. Downs to move forward. These orders were passed up along the regiment from office: to; officer untllhey reached Col Downs, who sent back word that the reniment could aro no At thia time the two other regiments of the brigade had crossed the San Juan River and were engaged under tne personal lead of Gen. Hawkins in desperate nghtlng.

Find ing that he could not get the Seventy-first forward Gen. Kent then directed certain of the regular regiments of his two other brig ades to marrn along tne trail over and through the Seventy-first until they got to the front, and one after another five rea-u- lar regiments passed up the trail, the offi cers ana men jeering at tne seventy-first and telling them to come on. Incredible to relate. Col. Dovna made no effort to get his regiment' forward, and his Lieutenant Colonel and Senior Major likewise did nothing.

Most of the other and of the enlisted men. however Dhowed a spirit and good-will all the more striking because of the contrast with the conduct' of their superiors. Some of them Joined the regulars, others were led out bv their own officer. Col. Downs and lieutenant Colonel and Senior Major1 doing Doming to aavance, ana out time to ntnoer this move.

The larger part of the Seventy-first then went up the hill, had men -killed and wounded on itst summit, entered the blockhouse. supDoru-d -a piece of artillery which had got Into trouble, and. in short, showed that they were of solendid stuff, and thai, save when paralyzed by bad leader. hip; they were as able as they were eager I ao nonor 10 tne glorious tradition of th American volunteer service. But while the bulk of the regiment bad tnustjrone lorwara.

1 jo wna. ana tne senior, Maior. whittle, re mained be tuna in tne trail. Dehimi the river with various straggler, and with most of one company, wnicn tne colonel had kept with him. nightfall.

Gen. Kent sent back word by one of the officers of the Seventy -first to CoL Downs -to come forward and bring up every available man. order was first delivered to Major Whittle, who had at the moment ventured across the river. Inutead of obeying It. he hurried back and watted until after dark, on the pretense that desired to see what his Colonel's orders were this, be It remembered, when Major Whittle, according to his own had Just been Informed that the divHion commander wished everv -man at the front.

Lieut. Col. Smith meanwhile had gone to the! rear, where he was reported as sick, and did not turn up aaraln at tne iront tor a coupie 01 uays. There was no heavy flghtlna after the 1st. These ore the facts.

On no possible rHenrv can CoL Dowtu'S conduct be lustlfled If bis men had behaved badly, there would have been a poor excuse for it; but his men aa nnt And on behalf of Lieut. Col. Smith. It was actually urged by hi counsel that he men had behavedV badly because i they had gone forward to take part in the fight on the niiicrrst. wnn uw mnw eia om-in anite of thit repeated commands.

which the men must all have heard, passed up the line irom or on oenaii or -n- arai. k.H r.rituvt to lead them. CoL Downs had 11 -a lr Ki iren throuarh the i trail and deploy them at th ford; he failed to P02W YORK. I MAY 8. Ig99.

take his rerlment forward when ordered to do Sv word of command naased iid the trail front officer to officer; he failed to lead them for ward when the regular Infantry regimenti marched over hi own regiment and forward Into the fight; he failed even to accompany his men or to follow them, sav at distance, when they finally went forward In battalions and In companies by themselv s. He has cince resigned. Major Whittle's case I almost as clear. He was 1 1 only Major who did not acconv. pany hi battalion when It went forward Into the battle, but staid I behind In the trail, -anc when informed hf nn.

Kent's Positive direction at once to com to the front, he retired to the rear and there untl after darij when he came forward wit i CoL Downs, He, also, has now resigned. of Ueat. CoL Smith Is not so sharply ctt. yet I think In his case also his nearlect of Hutv la ipiv oat.hii.hi ui. defense il that as Lieutenant Colonel ha had nothing whatever to do so long aa the OOlOOel Sal unimiliulAl nH wna nraAn.

ij aiso' state that he did not hear the or- era senu up too Hue to CoL Domu to move bis Regiment forward; but this Isabao-lutely Jmriossible. If he was exercising- prop- na -aienneas. -rnese orders ru ui irum onioerjio omcer along the fine, land If the axvn1 In nnnvn. knew his I duty at all. and iwaa cnn-Mrur very mo derate amount of vigilance, it was absolutely Impossible that he should not Y.kno that these orders were issued.

HaT Colonel was showing the groas-est derehi Hon of duty; In cot moving fori I I After lhaa nnlsn. Kaam aisregardAl, came the march of the regular rementai forward through! the Seventy-nrst Into (the fight, and then the forward movement! of the Seventv-flrat Itaelf in r. panies an I battalions;) yet 'throughout all "J1 Jeut, CoL 8m1th sitald as Ignobly inactive a his chief, making no effort to torwa-d into the fight or to lead any portion of the men where they.rnight regain for ie retriment the reputation which thOlr SUPei Ibr nfflcera w.n fat 1.. T. i- 4r wise that auch a man should hold high Sfflce either In th.

or In the National Guard. I The cabe of rvint- a n.ti. i. sMng. His own statements before the court of inquiry would seem to condemn him beyond redemption as having actually re-fusedto ir ove forward at Gen.

Kent's order and jtaviti failed to take to his own com-mamder Gn. Kent's dlrecUori that the regl- iwrwiufl. jtjut 11 appears that Cant-lAuatln i VT Met In his duty a hi words would seem to Imply, ajK that he was largely Influenced4 by the fac that at the time It seemed a If 151 llnw lorward. I do not KmfJ -e to the, severest accountability a sutoordinata officer when the three offlcers of the regiment were exporting ch misconduct, and I shall mere-y '3mm -n tbSLt CapC Austin be severely reprimand d. i '-In cone lusloa I desire to say that, after performins the stern and painful duty of showing i i its proper light th-conduct of the thr senior officers of the regiment, it Is a sou ce of the most genulnepleasure to turn to the conduct of the bulk of the Other office rs and of the -enlisted men.

That Under such leadership certain of the other gfflcers and of the enlisted men should not ave shown tn ailwam.M wa inAt.vi. ut the conduct. of-the; great majority as Uey moyel forward in spite of the defection of the! proper leader and stood shoulder to shoulder with the regulars on the mil, buvwv nvx um aeveiity-nrst New aork was eomDosed of nun wnrthv th. Snclent refaown of the; regiment, of. the wiu pt tne country; men who wanted Only proper leadenihln tn nmm thomaiva quaa to thfe hlgheat demands that could be mad uponi their courage, their patriotism.

nd their sfense of soldierly duty." Vy.r Anurwss orner is aa rollows: The. nreceedinaa. findincn: uH nwn Oiendationsl of the court of Inquiry are hereby approved. The publication of this ofder Is deemed iufficdent reprimand to Oaptr Elmore P. AfisUn.

CapLiJohn H. Whittle, Seventy-first Regiment, havino- mimi hi oommiasionl tn the National Guard since the reoeiptlor the report of the court of noj further. action wUl be taken la his case. I t' I'VTbe Cotimander tn believes that the good of! the ervtce demands that Major vnnion iiMBimtn. seventy-first Regiment.

N. G. N. should. Dursuant to- the rvm.

visions of i ectkm 04 of the Military Code, be ordered before a board of examination to examine Into his moral character, capacity, and raeral fitness- for service In the National Guard as a commissioned officer. The followl ig board of examination is here- oy appoint) i or mat purpose: Brig. Gen. Peter C. D.

yle. Fourth Brigade; Brig. Gen. Robert Shi.w Oliver, Third Brigade; CoL Robert T. Smmett, Flint Regiment; Major Martin Car Judge' Advocate Fourth Brigade.

Is reby appointed Recorder of the board. i r- i The boa rd will meet at headquarters of the Third rigade. Albany, N. on Thursday, May. 3 8, at 12 o'clock noon, at which uuh9 juajoi-i bunion ti smiui win report to the board lor examination." i THE GRAIN SHOVEtERS STRIKE.

Bishop Qukgley Asked to Advise Dis- contenteji Laborers tJ Accept Terms! That Have Been Offered. BUFFALO, May TPresldent Johnson of the State oard of Mediation and Arbltra-tionH. D. Goulder of -Cleveland, attorney for the' Lai Carriers' Association, and Mr. Douglass, -presenting the Western Elevat ing Association, caued on Bishop Qulgley of the Catholic Diocese of Buffalo to-day and asked him to endeavor to induce the grain shov iers to accept the proposition made by intractor Connors.

iThe resu of Jhe conference could not be ascertal led. Nearly; all of the grain shoveler ij-e Irishmen; and attend the vjumoiiu v. i uren. 11 is tnougnt. therefore, that a sug est Ion coming from the Bishop would carrj with It great weight I The mont'ily men at.

the elevators held a big meetln this afternoon. RmkIidi Ana were adopted expressing sympathy with the vatums 01 ina Brain anoveiers, ana It was unanimously voted that whenever there are any signs of trrowinar atrenirth nn part of Contractor Connors, a strike will be UCVUUCU. I JThe momhly men thought It would be beat to stic to their elevators long aa Connoi Is unable ito obtain a suffl-ctfent numb of shovelers to unload the grain. i- I Contracto: Conners Is beainnlns- tn nien from 4ther cities to take the place of imv iiain auuveiers. une Of his bom shovellers.

Peter Dalton. hn. headquarter i In a saloon bt 46 Bowery New York, and hiring mea to work on the docks here Dalton started 15o men for Buffalo af i ildnight Saturday. One hundred aim seven aeBerteu at me xerry landing In new me rest were put aooard a ueiaware. uacaawanna- ana western train.

On the way to Buffalo a ston wu msHo and the m.i were given 25 cents each for breakfast. jOnly 29 of the 43 came back to the tralri When th train reached Buf- iio a aeieaauon oi stnaers, who had received), notlie of the coming of the New Bivrareu a tan station, ana enticed all but 15 of the newcomers away. The 15 whd stuca were taken to the marine elevator in a buss, awarded hr two u. troi wagons! fuU of police. attempt was uiaue to muiest tnero.

i JTo-nlsht i delegation bf srain ahnvelera waited on tke Superintendent of Police, the Mayor, and fthe Superintendent of Poor for the purpose (of having the New Yorkers sent noma ac in expense of the City. To-night they are lodfccd In the KTln shovelers' hall. They claim that the situation here was mis represented jto them, and they have sent a toj tneir rrienoa on tne iiowery unu iv Keep a way irom jsuiiaio, 'or several davs nast man hnu nn. 1 Ryan, ant who Is said to be a labor mn. tractor, had been engaging men along th Howery to iend to Buffalo.

It is saidithat tne- men- are to take the riacea of theRi.n. falo strikers. Fifty of 'the tnunui wj-its mil uj uuuaio saturaay, ftyan. whdse first name is not known, has made his headquarters during- the dava at v. i el -wi a iuunei taw notei.

at 4 wrrr. utai mani a man wno waa nolnt. out as nyan. nut wno said he and was.onlv emnloved hv Rvan Ryan had gkwe to Buffalo. This man (admitted thai he had bn -slue Mwr vi xiien woum ae louod in Bowerv laaloona.

and that 1m would nnn. tliiue to do ko. He would not say the next lot wduld be sent from th eitv. ju poaiuTiy uuu me- men were to take a i i i piace vi sinaers. tyan was ordered some onje in Buffalo to ship a number men.

and! we are gathering them now. I don't know Just what sort of work thev are going to do, but they will not take the place ofl It's just some sort ot labor i Yesterday It be workSof recruiting the men was going on. Anotner piac where the i wr being engaged was at 12S Heater street. OOKTBIOBTEQv US. BT TH NEW TORJC TTJdBS OOaCPAKT.

NEXT BATTLE AT BiCOLOR American jTroops. Plan to Clear Filipinos Out of the Town. STUBBORN FIGHT EXPECTED Force of Six Thousand Well-Armed Eebels Intrenched and "Waiting with Plenty of Amnnition. MANILA. May 7.

To clear the Filipinos out of Bacolor. about five mile southwest of Ban Fernando, will be the next task of the Americans. The rebel General Mascar- do has a force of 6.000 men there, well armed and possessed of plenty of ammuni tion. Hi troops have never met American soldiers, and they I think, according to reports carried to San Fernando, that they can whip th whole lot." Bacolor 1 well intrenched, and thousands of natives are working like beavers digging-trenches and the dirt In baskets. The Filipino commanders use their rifle men far fighting only, but compel the bolo-men snd" Chinese, and even the to labor Incessantly.

The rebels have an outpost about a mile beyond San with a trench that rfclds between- two and three hundred pVom that point several volleys were fired last night upon tbe! camp of the Twentieth Kansas Regiment. I Neither MacArlhur nor Gen. Lawton moved although 'each reconnoitred the -country la his own vicinity for some miles from headquarters, developing the presence of small forces of the enemy. The armed Steamers Laguna de Bay and Cavadonga," under, Capt. Grant, have gone to Guagrua, about five miles southwest of jQacolor, presumably to establish there a base of supplies for the troops engaged In the northern campaign.

It la rumored that MablnL President of the Cabinet and Minister of Foreign Af fairs, in the so-called lllpino uovernment, who Is a radical. Is to be succeeded by Pa- terno. the framer of the Spanish treaty 01 1896. This change is regarded as significant at the present juncture. xne entrance ot tne Americans into son Fernando was virtually unopposed.

The Filipinos, who expected the Invaders to ap proach from the sea. had that side of the town strongly guarded, out tnere was oniy one line of trenches beyond San Tomaa. Two battalions of the Flfty-nrst Iowa Regiment, which swam the river north of tne city, were smartly peppered wnne in the water, but the: rebels disappeared as soon as the 'Americans reached the shore. In the meantime the hospital squad had walked across the bridge into the city, supposing the -Americans were there. They encountered no natives.

The few Spaniards and Filipinos who were left welcomed ttia Americans ana opened their houses to them. Gen. Mac-Arthur accepting entertainment at the hands of Seflor Hlxon, a prosperous sugar dealer. I If the Inhabitants of the San Fernando region are to be believed, there Is. little sympathy with the insurrection In that quarter.

Before evacuating the city, the rebels burned th church and the public buildings and looted the Chinese quarter. They drove many rich Filipinos, with their lamules, out or me city oemrs. -well as hundreds of Chinese, prevent them helping' the Americana. They cut the throat of 'some. Many Chinese hid on rooftops or In celllars, and some escaped oy cutting pir ueum.

xmro fifty fresh graves In the- churchyard. The army is really enjoying life at San Fernando, which Is the meet picturesque and wealthy town tne Americans nave en- I. i.rnlv hul It of atone, -the river Is st nana, ana nign nun araiusi lurruunu Many 'sugar factories inaicate a. uimms Industry In that respecU and there are numerous fine i residences. Gen.

MacArthur's permanent headquarters are established In the best house In town, which is richlv decorated witn irescoes ana carveu The "troops are encamped around In the suburbs, and. are beginning to think they may be quartered there during- the wet aaunn art si- Rnfnlnr has been cleared water communication with Manila may be established. Along tne roaa to aiumpn the fuel wagons and bull teams dragging provisions have to be ferried one by one across two rivers; but the Filipinos have several launches In tne, river aeua. The American troops are much exhausted by the campaign, except the Iowa- troops, who are comparatively fresh. The regl-s ments of the division average less man flftv men to a company, and all have a rtior.wnrn annearearice.

'-i- The country beyond Calumplt Is full of oiv aorta of ingenious trenches and pitfalls in the roads, with snarpenea oamooo. ror- tnnxoiv rue- Americana -escapes me lauer. In the swamps near -san lomas, wnere Oon. Wheaton's troops did their hardest fle-htiner the men sinking to their waists In mud are many bodies of Filipinos yet un-burted. In the vlclnltv of Laguna de Bay the rebels are extremely active; but the lines Is commanding Gen.

King's brigade during the latters Illness, nave oeen materially strengthened, and there is no danger In that Senator Albert J. Bevenage oi inaiana Is here studying the pnnippine question. RHo- Oen Charles King sailed for the United States on board the transport Pu eblo. i TO FORCE RECALL OF TROOPS. i i The Governor I Colorado Threatens to Compel the President vto Witlf- draw That State's Volunteers DENVER.

May 7. Thomas has an. nounced that within a few days. If President McKlnley and the Secretary of War con tinue to Ignore! his communications on the subject of the withdrawal of the Colorado regiment from the Philippines, he will take steps with a view to securing- the immediate recall of the troops. i I cannot as yet say just what course I shall follow," he said, "but I will exhaust every resource at my-command to bring those boy home.

I have tried quiet, peaceable means and have failed. Now I will be obliged to resort to something; mer orcible Ji and It will be made public. Of course I do not desire to take any action that will un Justly hamper the Administration, for I am an American, but" I do not propose to sit idly by and sea the volunteers from Colo rado fig-htingr and dying in the Philippine In defense of the policy which Is actuating those In charge of th movements of our armies abroad. "In. the first 'place, the volunteer troops ara beine detained lileallv-and in defiance of the Constitution They enlisted for th Spanish war.

That war is over, ana stiu thev am detained tn thase Islands. Under the Constitution the Colorado volunteers will be perfectly justified In Uylng down their arms where they are, and returning to the United States. If -they should do anything like that, probably they could be court-martialed and punished under the strict letter of military rule, but in that event thia same military rule would bo placed above the Constitution of the Republic." It Is regarded as possible that in the event of the raiiure or any puoiic attempt which mav be made to brio about the -re turn of the troops, the Governor will resort to legal- proceedings. If such proves to be th case, the Supreme Court may be called upon to decide a test case reaardlng the powers of the President and that pro-visioa of the Constitution relating to the purposes for which volunteer soldier, may caijea into DEWEY IS IN GOOD HEALTH. SAN FRANCISCO.

May T. On the steam. ship City of Peking; from China and Japan. waa Dr. E.

Pag, Passed Assistant Sur- geon United State Navy, and Surgeon- on th flagship Oljmpla for th past year and 12 Pages and Supplement, a half. He makes the following statement regarding Admiral Dewey's health: I Admiral Dewey Is in perfect health. He ha not been more than twenty mile away from Manila since the first day ot last Mav. and ha ha not felt the necessity of a physician's aid in that time. The re ports concerning tne Admiral physical condition have been grossly exaggerated.

The climate of Manila la enervating, i of course, but the commander of the fleet has been no more affected bv It than anv on else. The people of California will be dis appointed at not seeing Admiral Dewey, for 1 uvicruuueu lu return iuo uimtu States in th Oiympia by way ot the Sues Canal." A SWORD FOR GEN. FUNSTON. TOPEKA, May. 7.

A popular sub scription Is called for from the people! of every community In Kansas with which' to purchase a sword for Gen. Funston. to; be presented on his return The appeal for funds recites that wherever his extraor dinary deeds of daring and aeneralshlD are mentioned the name of Kansas Is coupled with His regiment has made an Immortal name In the military history of the Nation, and no history Kansas will ever be complete without the thrilling chapter recounting the valorous deeds; of tne famous Twentieth in the Philippines," .1 Spanish Troops Leave 'Mantis, MADRID, May 7. The Minister of Lieut. Gen.

Polavieja, has received a dispatch from Gen. Rlos, Spain'sprincipal mil- nary representative In the PhillODlnea. an nouncing the sailing from Manila for Spain Of the Spanish steamer Cataluna with Spaa- iu troopa. Grand Banquet Await Dewey, A number of men have begun pre parations for a grand banquet to Admiral George Dewey whenever the victor of Manila Bay arrives In New York. The plan is to have 100 men subscribe.

fWO each. thus raising 10,000 for an elaborate dinner at the Waldorf-Astoria. Thirty-seven have subscribed, and a number of others have expressed their desire to join In" this tes timonial to tne Admiral. I CARDINAL GIBBONS ON DIVORCE. Characterizes a Recent slew York In cident as a Crime Against the Law of Christ.

BALTIMORE, May 7. Cardinal Gibbons. In the course of his sermon at the cathedral on The Unity the Church," to-day, characterized the recent divorce and mar riage of a society woman In New Tork as a crime against Christ. His Eminence said: Consider the Pontiff tn relation to King Henry VIIL, who asked for the Pope's sanction to a divorce so that he might marry again. The Pope refused to give it, saying.

Whom God bath joined together let not man. put Only a few days ago the country was shocked at a woman in high life who was divorced st 3 o'clock and married again almost before the ink was dry on the divorce. papers. This is 'a crime against the law of Jesus Christ, i The Church Is one in Its teachings. It Is the same In France, England, Italy, San Francisco, on the Pacific and New Tork, on the Atlantic.

All proclaim the- same doctrine one faith, one hope, one baptism. ana one ird. uoa grant that you may not be contented to be united to the Church, but to the spirit. -God grant that all may be. living- branches and bear fruit." i EUN DOWN OH FIFTH AVEtTUE.

Bicyclist Badly Hart In Cpllllon-tb Si D. Dabeoc IsCaii rrtace. A bellevedHo-beC. S. Irish, as th name was stenciled on his wheel, was run down at Fifth Avenue and sixth Street at 11 o'clock yesterday morn ing by a victoria in which were Samuel Babcock and his wife of 636 Fifth Ave nue.

The wheelman's skull was fractured and he Is thought to be fatally He was taaen to the New xork Hospital. I Mr. Babcock and his coachman. Thomas Beggs of 141 West Fifty-first Street, were taken to the West Thirtieth Street Station- The coachman made an effort to get away after knocking the. wheelman down, but Policeman William Tvndalfe stopped the team at Twenty-fourth Street.

Mr. Bab cock sent ror Magistrate ueuei, wno ae cepted bail. POWDB MUX BLOS UP. The Plant at Pottavtlle, Peaa, Com pletely Demolished. i POTTSVILLE.

May 7. The pow der-mill plant of the Pottsville Water Com pany, situated In the Indian Run Valley, several miles west of here, blew up to-day. destroying elghtten tons of powder. No workmen were about the plant at the time of the but John K. Selders, who lives near by.

was slightly hurt. A gang of tramps. It Is believed, set nre to a magazine which contained 1,200 kegs of blasting powder and 60 kegs of rifle powder. In all about fourteen Una, When the flames reached, the powder 'exploded with a terrific report. Pottsville and vicinity were shaken' and many window pane In tha nouses in tne western suburo were broken.

Five minutes afterward there was a second expiosion, when the drying house, containing 400 kegs, or-four tons of powder. went up. The two explosions wrecked the entire plant. Debris was car ried for a distance of half a mile. A mara sine containing about half a ton of dynamite and several explosive dynamite caps, on a hillside not 100 yards away, had one of ts walls broken, but the explosives It con tained were not ignited.

The loss by the ex plosion will amount to about 1MJ00. The plant was formerly owned by the Dupont fowoer company. THE WEATHER. Th local forecast may be found -at the top of this pasa. to to nans oi uua.

A barometric depression developed yesterday over th Middle Mississippi and a second slight depression appeared over North Carolina. These developments werw attended by showers and thunderstorms from the lower Missouri Val ley oyer the Mississippi and Ohio Valleys, th southwestern lake region. Virginia, and Northern North Carolina. Showers also' occurred in th mldduT and norther Rocky Mountain district. and' ea the South Pacific.

Coaat. Th tempera-' tura chance were i 1h MlMtaeipti Valley storm Will aiove eastward to-day, attended by showers and thunderstorms la the Ohio Valley, sod by local rains in the Asiatic Coast tata from Southern New Knarlaad to the Carolina, and In the lower -lake rwrioit; Fair weathr will prevail in the Mlsala-Ippl Valley and whence to the Rocky Mountains. By Tuesday the rasa area wiU probably over spread the New uziana states. Brisk and probably blch east arty winds wlH prevail to-day in the lower lake region, and th winds will Increase from easterly in th Middle and North Atlantic Slates. In the South.

A lantlc States fresh winds win srevalL The record of temperature for the twenty-four hours ended at tniuniaht. taken from THE KW TIMER'S thermmter and frora tb therf mo meter of the Weather Bursa, is as follows: eatner tiureau. timm. Vm. 1.HK9.

latnl 3 A. 44 65 00 A.M...: 45 9 A. tK. 4d 91 tjs) m. 55 at 78 4 P.

if. 62 64 71 P. M. ..........53 St ST P. M.

45 1 60 12 P. 67 5 TBI TlM Eg' tbermometer Is feet above the street level: that of the Weather Bureau la 2s5 feet above, th atreet lavl Averasv temperatures yesterday were a fo lows: Matins' House Sauare Weather Bureau Ut Corrasvondlnc dat .........6 Comspondln daU for last twenty TtM aaaxlasimx temperature yesterday waa TV degrees at 1 P. M. and th minimum 54 avaree at A. Jt Th humidity at 8 A.

M. was T5 IMC cent- aa at 8 P. M- S4 PT cent. ne Psa Exireaa. Tha new fast trala on tha New Tork Central leave New Tork 8K P.

M. daily: arrive BoSal 725. Niaaara Falla Toronto 190 Beat Boraiag. Adv. ONE GENT I -i ONE CENT ta Declares that Refrigerated Heat Was Not Embalmed.

GAMED BEEF UNSUITABLE Eagan's Heavy Purchases Called Colossal Error." MILES CENSURED His Cnarges Said to Unjustifiable aad Too Long Delayed fcourt Says Proceedings Should Cease. WASHIXGTON. May direction of the president, who approve the findings. Acting- Secretary of War Melklejohn to-day made public the report and findings of the military court appointed to Investigate the charges made by Major General Miles, commanding- the army, that the beef supplied to the army during the war with Spain, was unfit for tha use of the troops. The court has been dissolved.

The most Important features of the report are: Th finding that the (General's allega tions that the refrigerated beef was treated with chemicals were not. established that his allegation concerning the canned, fresrh or canned roast beet 'were sustained a to Its unsultablllty for food as used on the transports and as a long continued field ration; censure of Gen. Miles for error" in failing promptly ta notify the Secretary of War when he first formed the opinion that the food was unfit; the declaration that th commanding General had no Suf ficient justification for his charges that beet was embalmed; censure of Com missary ueneral (Uen. Eagan) for co lossal error In the too extensive pur chase pf. the canned beef as an untried ra tion; ceneure of Col.

Maus of Qen. Miles' staff; the finding that the packers were hot at fault, and that the meats supplied to th4 army were of the' same quality as those supplied to the trad generally, 'and the rwaimmennanon in at no rurtcer proceed. uiga oe taaen in tne The conelusioif of th court adverse to further proceeditos baaed upon the charges Is as It has been developed In-the course of the Inquiry recited in this report, that In some insfasces certain Individuals failed to perform the full measure of duty or to oterve the proprieties which dignify high military command, but the court is of tliV opinion that the mere statement in the official report of the facts developed meets the ends of discipline, and that th interests of the services will be best subserved If further proceedings be not taken." Tn report up the interrogatories and remarks of the and answers them seriatim as follows: CHARACTER OT- CAJTOT2D BEEP. 1. The character and quality of the meat.

refrigerated and canned, furnished to the army, how purchased, how shipped to th soldiers; If good when shipped; what the cause of Its deterioration, if there was any. A. The character of the canned beef and the process of manufacture are fully de scribed tn the report of the court, It ha been very extensively used, tor a quarter of a century at least. Its consumption by the mercantile marine belno- verv larere hut its use is generally limited fo circumstances and conditions that do not permit of the supply of beef freshly slaughtered. It may be briefly described as fresh beef-whlch has Deen sterilized Dy neat, and hermetically sealed In tin cans When tha cans are opened the contentahave the characteristic men oi roast ueei; oesiaes.

tne sterilising Is done at a temperature considerably above that possible tn ordinary boUlng a degree of heat probably approaching that existing in the pake or roast oven, inese two circumstances may perhaps account for the practice of the packers in labeling th commodity roast beef." A-small Quantity of similar beef described as boiled was purchased by the subsistence and issued to th foopa Three -of the packers add to the beef before cooking from 1 to lVi per cent, of salt, while another' packer 1 in the habit of addina a laraer per cent, of this seasoning. I As to the signincation ot the ward fresh," as used descriptively on some of the Labels: This word. In this connection, may have two meanings. In one sens it would distinguish the article from salt meat, and tn the other sense the word fresh would distinguish It from old or stale beef. In most cases the meat cans contain so littlo salt Jhat the word fresh would aptly and truthfully describe Its contents, but in a case where there had, been added 3 or more per cent, salt the word would not be applicable.

If the idea Intended to be feonveyed by this word was that the cans contained beef of the tame degree and character of freshness as that just rece.ved from th butchers, then uve word would not truly and accurate! describe the article. In the Army Regulations, where the travel ration Is described, (Paragraph there is no discrimination befween canned fresh and canned salt meat. There Is but one article of beef mentioned In this paragraph, simply canned beef, and under this term th so-called roast beef would be Included. There Is no testimony that any of the canned fresh beef delivered to the Government was of old date; there la no evidence of any of earlier date than 1MH, although a number of cans supplied to the army in 182 have been examined by the court and found to be In perfect condition. It alo appears In testimony that dates of packing are not placed on canned a-oods unless that course, is expressly, required by purchasing-officers, such dates of manufacture were required to be put on the cans furnished by the At mo ur Packing Company, In Kansas City, Mo, In July, 18.

The quality of the -canned beef 1 fully set forth In the report lof the court, and reference Is made thereto In answer to this question. The refrigerated beef. In re- spect to Its character and quality. Is also fully described ia the report. 2.

If the mat waa doctored, did th Commissary General or any of his officers have any know leu of It or means of knowledge? A The board has. recorded Ha opinion that th refrigerated beef, furnished under contracts for th us ot tha armies, was not doctored or treated with, any other agent than cold air. If such treatment bad been applied. It Is the opinion of the court that a knowledge of It could not have been concealed from th Commissary General and his officers. -a.

Was It the meat of commerce? A. Both kinds refrigerated aad canned were such as are well known Injbotb hem-in her ea as commercial article, of which tht-re is and has been very large consumption, not only bv th trad generally, but by tt United State Navy and by th armies and navies ot Europe. NO LAW- FOR INSPECTION. 4- Was It inspected by tn Government Inspector, as provided by law? A. The only provision of law found the court relating- to th Inspection of such subsistence supplies tor th army Is Bec- mmm" fmmm BEEFREPORT IS IDE PU BUG Greater Kew Trk F1wfr, aad Jersey City, TWO CawXTs.

Uon 5.713 of th Revlaxt Starntaa. Thia section applied to ptwohaae under contract after due advertisement tor propoaals, and aa inspection waa required to made at rice pf delivery. Tni section date from W. It has been talc amended, th last tlm tn lWi. but the act of July A.

LsM. cover the whole subject of purchase foe tn Quartermaster' aiwt sfaaimtenx Tw. partments. both of th regular upplia and a well those needed to meet mergencle. j.m act contain no allusion to tnnpeo- tlons.

If Inspections of purchases made In conformity with this law ar reaulrad by statute, th authority for tt must be contained In Section ahova cinl Aa thia' section relates only to formal contracts ft i iiouve, in later tuiuie applies, not on touch purchases, but to mrsncy or openi-market purchase aa JTJv 'I taT 0.uesUon whether Section 3.715 Should be hold mj .11. rr.j vw ail events emenrencv ruinihajua are nr. tainly not covered in exoreaa tmna hv tha ectioo rQUdrln inspectiona ot purchases Th COUrt hajt n. knnvlailn nf mnr nm- vision in the army regulations or any requirement for any Inspection of supplle tor army use at tha tima Mih A- a- ''YerT. In th subslstenc manual, published uuranif oi tne oecreiary or war.

but not announced to the army aa regulations, there is a nrovlalon ithat ruiiiiru .11 subelstenc tores shall Inspected at tlm of purchase. vhn practicable, but that come very fa( short, of being a requirement of law. bi this connection It Is remarked that the Court has been una bl to find among the naval law, an reautre. tnent that Inspections of provisions shall UHMJV, I By the act of Mardh lfins. was pro-vided that when ny open-market purchases arm; supplies exeeeoeo: in amount saw the same should be reported to the Secre tary of War.

but bv ihe art of Juna 7 lfis authoritw was glven th Secretary to suspend this provision durinir the war. with Spain, the result belli to. confer udob tur- chaslng officers th discretion to make open- nutraet purcnases or any amount. As a matter of fact, a very large part of the purchase of -canned (meat for army consumption was mad In open market, and. In th opinion of the cturt, there was no requirement of law for anv lnnoecilona of supplies so purchased During th war with epain it was in general practice of purchasers of subsistence stores to Inspect sll supplies purcnaseu lor tne army.

As no records appear to have been kept by the Commissaries of thei irooda examined and rejected or accented the facts relating to; mis aetaii are aerivea irom in testimony of Commissary officers and contractors. in in practice atjtn xsew xora depot, when any large purchases were made of canned beet. It is im evidence that the Inspectors were sufficiently thnroua-h to assure the fact that the goods bought corresponded with the samples. Is Chicago the purchasing officer required samples to supplied of the canned roast beef, but there does not appear to bav been any other Inspection than to examine the samsles of tha a-ooda submitted by the bidder. If the -samples were satisfactory th goods were received.

The canned roat beef that was sunnlied for army use waa an preparea oy weii-anown packers of established reputation, and the Court has not -bee-ft able to learn from th evidence that any 'particular pack or brand was better or vone than any other. INSPECTION -MADE. -Tbe answer to thi question Is. so far as respects the canned; roast beef, that the meat was more or If ss caVefully Inspected. It Is In evidence tha several thousand cans had been exported dr sale abroad, but aa it continued In the ownership of the packers It was brought bacli to the United States and sold th Government.

Two other lot of beef had been thre, four, or five year In store; but It does not appear that tills Wf was any more carefully Inspected than that freshly canned, nor does it appear from the evidence that the quality-of this bef is in any way dependent jupon its age, nor there was auy deterioration in. qsality these -A As respects the refrigerated beef, the cn- tracts with Swift St Co." (a flrrq that tg pliei-U the beef iaMpped to Cu: I Puerto TUcoJ -and other contracts tnrr which fresh beef was supplied In i i 1 places, contained -provision for accepts 4 -by commissary officers st the point -of -i it appears that these officer did' inspect tn-beef as required by the tracts, an inspection! that appears to fui i-, -the requirement of Section 3.715, -Statutes, it that statute be still In force. Several cans of fresh beef that had been purchased under naval Inspection for th use of th navy were; furnished to the court, and wer examined! by th- well-known chemists, Atwater ahd Blgelow. A critical examination of their content revealed no differences between the naval beef and that which had been supplied to the army, shipped to the tropic's, and returned to this -city. 1 Although the subjdet -of readjustment of accounts between the- United States and the contractors was not referred to th court It appear from the testimony that Whenever any cans have been found to be da- fectlve, subsequent tot their original delivery to the Subsistence Department, such cans have been replaced in every Instance.

In two Case lots of about 40,000 pounds each were replaced by new. cans, although a sub- -sequent examination' proved that but a -small, percentage of the cans wa spoiled. If the number of cans condemned or found -to be spoiled after their Issue to troops can be ascertained from the record of the Sub-slstence Department, the packing companies, under their guaranty, can be required to replace the cans disposed of. Km respects Inspections by officers of the Bureau ot Animal Industry of beef supplied to the army, the court finds that all cattle slaughtered and the cfcrcaases of all slauh- terra cattle, comprising all the refriger- a tea ana canned oeei. was inspected as required bv law.

The! operation of canning, however, is not required to be supervised by the officers of tha bureau. PART OF THE AUTHORIZED RATION. 5. Was It an authorized ratlsn In the A-Fresh beef refrigerated) Is an article of th authorised ration. Canned roast beef is also authorised forjthe trsvel ration, but has never been' prescribed as a component of the field ration.

It was firet- ued such ration during tha war with as before stated. If good when pufchajed. what mad It bad? -j A. There Is no-testimony to the effect that the quality of the meat used for canning In May, June, nd July, 1)8. or the methods of Its preparation, differed from those ordinarily pursued In Its manufacture.

On account ofthe haste required In its delivery awl shlptnent to. Tampa, the meat was not glvn the time to settle and harden which Is usually allowed for that purpose. This course was Insisted upon by the Subsistence Department In ordaf to secure prompt deliveries. Some Injury was "'x doubtless caused by, rough handling In transportation, or was due to exposure, the climatic influences of the tropics, causing oxidation of can, starting of seams. -Ac The court finds it Impossible, how- ever, to locate any great quantity of -de- fective cans, and the careful Inspection to which l.Ouo.Ouo pounds of the beef were subjected In Havana in January last Indicates no unusual lo due to deterioration in quality or defective packings T.

Was It anybody's neglect or fault; and. If so, whose? i i A- Subject to th qiiallflcatlon contained-In the answer to question No. 4. In respect to the methods of Inspecting the beef on Its delivery to the Subsistence Department, the court answers this question In th negative. j- MIXES rAlXEIj TO XEPORtV S.

When unfit fornse. 'if you should so find, was the fact made known to th" War Department; when and by whom? A. The court ba ibt been able to learn that any report of unafneas waa ever made known to the department respecting canned roast beef until Dec.) 21. lisUg, when Gen. Mile so stated befor th commission ap- rioted to war with Spain, hi officer also stated la substance, at th am tlm and place, 'that the refrigerated -beef wa unfit' for Issue.

It appears, how- aver, that on the 20th of October, there rwas filed In th War Department a report of the results of an Inspection at Chlc-ka-manga Park of the Sixth United States Volunteers. The Board of Inspection was ar pointed Sept. IS. lista. by Geo.

Mi lea, consisting of three officers of his staff iient Col. Maus, Inspector General; Major Daly sunwu, aiiu uiu aiurion. Assist? Adjutant General. Majo Daly reported to CoL Jt-" Oct. 1 that on Sept.

$4 be beef at Chlckamauga. that had 'o piled by th commissary for xhe r. named. He aavs this beef had trti c.j.-ai-lcally whk-h earc tie meat an mawkish, odor. Ilk th odor cf a human i-a'iaver after th undertaker had Inje'-te-t body with pre-.

servatlves." He that th process rendered th bef hurUul ta health and unfit for food. Th court has not lamd cf.