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The New York Times from New York, New York • Page 2

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THE NEW YORK TIMES, SATURDAY. SEPTEMBER 21. 1901. court could withdraw In lieu Of this proceeding. If the court so desired.

Admiral Dewey announced that the court would pursue the latter course. Before the withdrawal a letter from Rear Admiral Sohley to the Nary Department requesting that he be supplied with all papere bearing upon the caee, and the departments reply i granting the request were read. At 11:25 the court returned from It coo-sultation. The Judge Advocate, addressing Rear Admiral Schley aa the appli- cant," asked If he had any uggestlona to make as to the method of proceeding, whether he had something to offer or desired that he Lmly) proceed. The Rear Admiral responded with a nod of the head and a move of the hand, Go ahead.

Capt. Lemly.then prwnted the report of the Bureau of Navigation for a aydrocraphic chart of the Wt Iwl aad adjacent seas, and other tarts. He, stated explicitly that they were Introduced not aa but merely ae; books of ref- w'il they preclude the Inured action xf original documentaT Judge Wilson at all." was the reply. "On the contrary, we shall desire to Introduce the original document when opportunity of- Capt. Parker made objection to the hy-drographlc chart when, it was presented.

It Is grossly Incorrect," he aald- As a matter of fact, the coast line of Cuba on this chart Is six mUea further south and four miles further west than It should be. He. however, withdrew his objection when assured that the chart was not to be used as evidence. REAR ADMIRAL. HIGGINSON CALLED.

Rear Admiral Francis J. Hlgginson, present Commander la "Chief of the North Atlantic Squadron, was the first witness mailed. He said that he had. aa Captain, commanded the battleehip Massachusetts during the Spanish war, and that for a part of the time the Massachusetts had been a. part of the Flying 8quadron of which Commodore Schley had been In command.

He told of Joining the fleet at Newport-News, of going to Key West, and, later, to Clenfuegos. Cuba. Key West had been left on May 19, lSW. and Clenfuegos rvached on the SBd. What was then done te secure communication with the Cuban forces on shore? Capt.

Leraly asked. Nothing to my the wit- ness replied. 1 did not see that any-t lil nil was done, but I understood that In formation concerning the Cubans was received through Capt. McCaUa," Bear Ad miral Hlgginson saia. in response tions, that this was later.

He also told, in reply to questions, of the presence of the collier Merrlmae and et the departure fiom Clenfuegos and the arrival at Santiago on the evening of Mar 20. He said that the Massachusetts had at that time taken on about law tons of coal, but that, as the weather was rough. hia mraa Ann. with 3iff Ir.ultV. The witness also told of the fleets leaving Rantlsirn fnr Vav Was on the nlsht Of itS arrival at the former place, and of the fact that after steaming westward for a considerable distance, the vessels, all la response to Commodore Schley's signals, returned and steamed to within two or three miles of the mouth of the harbor, i What hiLonened to cause the decision to return to Hey West?" the witness was msaeo.

I don't kMW." was the.Tolv. What was the condition of the weather at the time, for coaling at seaT "It was not impo-alUe to coal. I 1'id you have any conference with the commanding officer In regard te returning to SanUago after you bad gotten on the None. Ve acted nnder general orders. All we did was to follow the signals of the flagship the signals of the Commander in Chief." Sneakins of the conditions when SanrJss-a Harbor was reached the Rear Admiral said that he could see well into the harbor, and that he saw the Spanish ship Colon lying In the outer harbor.

He did not remember seeing other vessels, but the Colon was then 1.U00 yards beyond Morro Castle. The vessel lay there until she was fired upon on waj ox, ana uen re area. THE ENGAGEMENT OP MAT 31. Describing: the engagement of May IU Rear Admiral Hlgginson said It was on the day before the arrival of reinforcements, unoer near Aamirai (then Captain) Bamp-son. He said that Commodore Schley bad come aboard and said that he wanted to go and fire on the Colon." wnt and fired on continued the witness.

He said that the shots J'" short)f the Colon, and that the Span-txb shore bettsria hnrf In tun. rtt r- bombarding ships. In reply to questions as to what had been accomplished by the bom- mruwrui, uie witness replied that It had i the fire of the Spanish shore battery; -and te give an idea of what it was composed of. We. did yon get of Its composi- 1 S'd not think ft amounted to anything.

Where was Commodore Schley daring the bombardment? At one time he was with me fat the conning tower, but most of the time he was on tne outside of. tt. i was near him most of the time." i "Describe the Coeomodcre'e manner In this eruraremnt-M 1 hardly know how to answer that aues- tlon except to say that his manner was that 1 Of a Commander in raw The Judare AdTtwut iiwn unht Impression did the Commodore's manner in that engagement make upon, you?" Mr Kayner of counsel for Rear-Admiral 8chiey objected to this question, and after some contention the question was withdrawn. JUdre Advocst Lemlv a ttA ha. fore wtthdrawinsr the anntiaiL that mh.

sldered the point as embraced in the pre- m.uiM wuua cue was a. ois- agreeable one, he considered it his duty to press the point. He inUmated that would do so at another time, Wby did you not go in and destroy the "juju in inr enraKrimni on May air Judge Adraeate Lemiv aakd Hm wUnM. Because If were not ordenxl to Aa so." replied Rear Admiral Higginaon. Later the wltnexs volunteered the mtntpmnnt: "I think tte Colon could nave been de- stroyea wnero jay at auichor that day." Rear Admiral Higglnson stated in, reply to questions from Capt.

Lmly that there were no written orders, and that, so far as he could recsJL the only verbal orders were to so In." The Judre Advocate then offered Rear Adsum. report or the Mb of August, saying the report had been made In line of duty. Judge Wilson of counsel for Rear Admiral Bchley said no objection would be made, but that counsel for the applicant OKI not desire tne unobjected i crprance of the report to operate as precedent. Cant. Lemly announced that he had no further questions to auk of Rear Admiral Hlermson, and counsel for Rear Admiral Schley stated tlwy had no- questions to ak.

It wu then stated by Capt. Lemly that the Court bad some Inquiries of Its own to make. These were written, and the fhf was eoncernlns; the elevation of the gun aorinir fnm DaanwranKni 01 ine i Ka om May nu The reply was that at first they were 7.800 feet, and. Utterly. 8.000 feet.

The next question was as to whether there was any lace of shelter near Santiago where the Flying Squadron could have, coaled after Us. arrival at Santiago? Admiral lneginnon replied that Guantanamo was my lorty mites to tne east. THE COURTS DISTURBING! QUESTION. The third question, comfneT as It did front the Court, created something of a seneatten which was Intensified by the reply. The question, was: Was every effort made by Commodore Schley to destroy or capture the Spanish warship Colon as she lay at anchor ia the harbor at Santiago, between the 27th and sist or May? -uoject, "oojeet." "Object." came from each of Rear Admiral Sehley's counsel, but befo-e a halt could be called the witness na replied.

No. I don't think It wss Tha question and the replv led to a lesal controversy. Both Judge Wllsoa and Mr. Rayner contended that the question called the opinion of the witness, Her ear only fact were admissible. Judge Rayner Inquired: Majr 1 ask the Court If, according to the method of procedure rhe Court has ruled that are not at liberty to object to ny question at au mat may be asked?" To his Admiral Dewev reoHedr While thla court Is ordered to rnrresft-ga(e all tha facts, we have the right to aak any que tlon thnt will bring out the facta One of the charge against Admiral Schley Is whether or not every effort Incumbent upon the commanding officer of the fleet, under such eircumstanccs, was made by Commodore Schley to capture or destroy the cruiser Colon aa she Icy at anchor in the entrance to Santiago Ilarbor, May 27 to 31 inclusive.

We have asked that fmestlon. and we have his Rear Ad. tnlrei Htgainsun's) opinion. Thie Court, by in precepts i. oc-uga to give aa opinion fpoti the conclusion of the Investigation.

Now. In tho opinion of the Court, and In order to form our opinion, we wanted Rear Admiral Higginson's opinion on that sub ject Juris Wilson understand that precept, reading It through from end te- end. to mean simply this, that there shall be an tnvesti-ratlon to get at the facts. And when you have gotten at the facts, then you express yoor opinions But you are not caUed upon, and. 1 must respectfully submit, are not permitted, to take somebody else opinion.

Tou luve a right to get all tne facts you er.n. and that Is what we want, but other wise yea will see at once that you mUrht bars a great variety of opinions and all the opinions of subordinates. In other words. tne precept does not can ror anywuy opinion except the opinion ofthls honorable Court. 2 Admiral Dewey In the opinion of one member of the court, and perhaps of the others, we do not ask his opinion, but for a statement of a matter of fact We ask.

-Was -anything done?" aonjfc say. iu your opinion. Judge Rayner made an extended argu ment, quoting many legal authorities, against the admissibility of opinions on the part-oe witneseea- He was still speaking when at 1 o'clock the court took a recess of an hour for luncheon. Promptly at 8 o'clock the court, was called to order by Admiral Mr. Rayner resumed his argument, contending that If testimony giving opinions should be admitted the Inquiry would be interminable.

If. for instance, opinions were to oe fatten as to the propriety of the loop made by the Brooklyn, practically the entire navy could bo summoned, as ail Its members were experts, ana eacn wonia nave nia opinion. Witnesses were expected, to-relate iwui too court to give opinions. JUDGE ADVOCATE'S VIEW. 'Replying.

Judge Advocate Lemly-qaoted the record the trial of Admiral Keppel. argulna; that tt was entirely within Um dis-creatlon of the court to decide whether the opinion of a witness who had been on- tha ground should be called for by the eourt. He thought, however, that the weight ox authority was against asking ihe.tplnlon or a witness. v- The Court then withdrew Its question ss to whether Commodore Schley bad done all mat couu do done to destroy tne voioit while that Teasel lay at anchor In Bantlago Bay. Ajiotner question put oy tne- voart was as to the distance the squadron lay out from Santiago.

The reply was that It was three or four miles out during -the day and two ttr threa at Tilirhf Ttene Admiral Hlgginson said that after the bom- BuxuDont oi stay ok no runner etiorr naa been made to destroy the Colon because ue vessel naa gone insiae tne naroor. Admiral Hirrinson waa then Capt. C. M. Chester, who commanded- the Cincinnati during the Spanish warriand who is now In command of the Naval War College at Newport, was called.

"1 capt, cnester related an interview ne had had with Commodore Schley err board the Brooklyn oft the south coast of Cuba on May 0. 1898. He bal told the Commo- aore tnat irom aim examination or. tne charts he believed coaling feasible, but he thought It would be done under great "disadvantages. He bad expressed the opinion that boats might be used or that a more secure point might be gained under: the lees thirty miles to eastward.

Major Thomas N. Wood of the Marine Corps, who commanded the marine' force on the Massachusetts during the Spanish war, iwuinQ concerning mat vessel operations during the siege of Santiago. He said that the second day after Santiago Bay waa reached bv the Plvin Sauadron he had seen the Colon 'lying innide the naroor: tnat were was at tnat time another Spanish vessel of the Viscaya class partly visible. He thought both were in view for three or four days. The witness also said that when Commodore Schley had come aboard the Massachusetts, previous to the bombardment of tne joton on May 81.

be bad beard that officer say to Capt. Hlgginson: We are going In, but we will not go In-sufficiently near to endanger the Vessels." He had been told that the distance was to be 10,000 feet. i After the bombardment hjl nuurf Wooda said, the Spanish shore batteries conunuea to fire at the American ships. At this point he had gone forward, where he had again seen Commodore Schley. Did you then hear anv In structions given by Commodore 8chley after the bombardment? asked the Judge Advo- vwic The witness replied: "I'went unon tha superstructure to ask if we were going in sun going anv cwser.

so as to know whether we would have a chance to use the six-Inch batteries, of which I was In com-5and, and I beard, as I believe. Commodore Schley say to Capt Hlgginson: Starboard your helm and let's get out of How dear Is your recollection Were uora ui. run worus; As I remember, these were the "exact words, and at the time I considered them as having been made by Commodore Bchley. There was quite a number of people up there on the forward part of the deck at that Oma, and from the recognition of the. yotc and the general direction from which It came.

I took It. to be a remark made by the flaa? officer. unmu i probably eight feet away from the speaker "Did you hear it distinctly? ucn ueuru una reman maae. i. i aeara fairlv diatlnetlv oil or contusion going on at the time caused by persons walking- around." CAPT.

HARBER TESTIFIES. i The battleship to the death of Rear Admiral Philip, her commander In the Santiago campaign, waa represented before the court by Capt. Giles B. Harbor. now Naval Attach at Paris and St.

Petersburg, who was executive officer on the Texas during the Spanish war. He was asked to give a detailed account of the ot that vessel during the war. The Texas also had been a part of the flvlna sauadron." iul tK mtnaa. that when they steamed for Clenfuegos the flagship had signaled, "We go to Clenfuegos to bag the Spaniards; wish yoa good luck." vJn eP'y to questions he said that when Clnefueeoa wu rrnhnt Mnh.nrwM discovered there, but no. effort was mad to destrov them.

i Captain," the Judge Advocate said, I want to ask you, as executive officer of the Texas, in case of the sudden death or disability of Capt. Philip, who would have taken command of that vea- I would naturallv "waa ym. Wht fnatructlons did you have, written or verbal, respecting the order bf battle WblCh the Ttvlnar -a a fnlU-i case the enemy should suddenly appear? j. fcT "The matter was never wmni.naiii; eiucer never gave me any. eja aa rf I v.

a a. a a a. a k. 1 mv a iui.i ne naa any. i Ton had no knewledee.

Ih.n rK Istence of any order of battle or written or verbal instructions covering such a eontln- iratj 1 No. Sir. The Witness said that wMla Clenfuegos he. with others, had wwn lWhts from the shore, which, from their they took to be slfnala. but that no attrn- oon naa Deen paia to tnem until the 24th.

when the Marble he ad had arrived and, he understood, had responded to the signals and communicated with those on shore. He also said that the Texas had Keen in no great need of coal while lying off Clen-faegos, but that she could have taken more and would have been glad to get U. The Iowa bad coaled there, he said. The quee- uiruB un inn point were ae follows: Hav. yo? had any experience In coaling or in that nart of the wn-MH "I had some experience shortly before while tying at Tortogas." If, as executive officer of the Texas, you had received instructions at that time.

um ww snip, wnat would you hairM Hm1" I would have coaled shin, orobahiv" Was there anvthinar the of weather or the sea then prevailing to have prevented tho Texas from taking coal "On the evening of the 26th I -do Mot think the sea was any hearier than aviate when I ewceesnfuilv coaled aUn at Tnrt.i. gas, although the collier was a heavier vessel. I coaled shin la Tortuaas with a An tlderable sea. the collier having only about tone." Of course, I can understand yeu don't ara to sea to enal ahin hut 1n mm yon think you could have coaled the Texas en that day?" i I believe we could have taken coal' on iii. icjirns, yea, THE'SAIl.

TO SANTIAGO Describing the. sail to 8anttagav the witness said there had been rongh weather. but that the Texas could have made better time than It did. He said that when the squadron arrtved In sight of the Tale and other American vessels off Santiago on the evening of May 2s. all the vessala ieri for action, thinking they were' vessel, the enemy.

When they their mistaxe, -capt. rmup naa signaled Cant. wise tit tne iai, saying, Have you get iwm in inert to wiucd ins reply Was I think we have." Relatms; the particulars of the return to Santiago, sfier starting for Key the witneag, aaUi that coal had been taken on in tne nisnt ot tne itn. wnen Capt. Philip had been asked if the Texas eould coal he had replied: "We can try." The ran naa aetm maae, ana too errorr pad croveel the witness CaDt.

liar We volunteered tha atsttnnt that on May 27, before the new supply of cou hud on tne lexan, inert were about 4on tons of that fuel on the vessel. Capt. Harbar also told of seeing the Colon insiae the harbor at Santiago on the morning of May 29. and said It had remained there until June I. The American fU-et.

said, lay seven or eight miles from the moot ui tne naroor at nlgnt- aa further than that In the daytime. At this distance there waa no dltflenlrv 1ft seeing the shore during the daytime and on clear nltchts. but when the weather was naa it waa auncuii to see tne shore In oayume, ana sometimes, under those clr-, eumstswes. impossible to see It st nLrht. A used concerning hie knowledge of the Brooklyn's loop during the battle off Santiago, the witness said he did not see the i Iont ma i Capt.

llarber was then asked concerning the position on the Brooklyn relative to the Texas and to the other ships when he first saw her after the turn. The Brooklyn." he replied. was on the port bow of thi Texas, standing at an angle I should say approximating one-half point to the southward of the heading oi At I mat lime me urexva wm ust iorxln nait us an tha starboard Side. Inshore. The sows waa still further Inshore and polnjtlng up.

so that her bow overlapped our I bow. At one time I know mat we nred across the stern of tne lows. wnere were tha Rnnnlah vessels Wltn reference to the! headlne- of the Texas? 1 "The bead of the line was then on our starboard bow, a should say approximately iuur points on tne bow," At tnis point tne court aajournea. promptly at O'clock. Until 11 o'clock to morrow.

SAMPSON AGAIN AT HI8 POST. BOSTON, -Beit Admiral ahd Samnsohl have returned to the CharlestownNai-y Tard from Lake Buna pee. N. The Adriiral. It la said, has derived a great deal of Tbeneflt from bis sojourn In New BRENNER SUCCEEDS DADY.

Action of the Klnflt County Republican Executive fiommlttet Mr. Atter- bury Not to be Ignored. r1 The Exeeutivl Committee of the Kings County Kepubll ran Oeneral Committee net yesterday after toon and accepted the resignation of Mic nael J. Dady as Chairman. Mr.

Dady retlt from fhe Chairmanship for the ks he states, that his business interests villi not permit of his devot ing the necessary time to the office. Ex-City Magistrate Jacob Brenner was elected to succeed hind as FhWp T. Williams, who pa a member of the com mittee, was Indorsed as a candidate for the nomination If or Coroner In the Eastern District. I The committee will meet again- next Thursday, wbei candidates for the vari ous county an I borough of floss on the anti-Tammany ticket will bo discussed. Lieut.

Gov. odrnff, who attended yesterday's meetlT wlll In the meanUme consult with other leaders of the local fu sion forces as td the make-up of the county ticket. i I air. Brenner, I aa Chairman of the Ex ecutive Committee, will also be at tbo head of the local Republican Campaign Committee. WJ ten seen last night he said: I Intend to prosecute a vigorous campaign, as I an confident that with Beth Low as our ct ndldate we nave a grand opportunity to lefeat Tammany.

We may as well throw tip our hands if we cannot win with Beth Low." Mr, Brenner was aaked If it was the in tention of the dountv leaders to carry out I Walter -B. AttirbOry In the conduct of affairs this FalL Crtainly notr be replied. Mr. Atter-bury is the leader of the Seventeenth As sent niy iMstncu and will be recognised aa such. For my own part.

I have none but the friendliest it feelings toward Mr. At-terbury. Even If this was not the case, I would not let anv personal feeling enter Into party affairs. I am determined, aa Chairman of the Executive Committee, not to Interfere In any actional tight." OPPOSITION TO MR. WE EKES.

Republicans id Fight Against His Re nomination for Assemblyman. The Republicans of the Twenty-fifth As sembly District I opposed to the leadership of McDougall I awkes held a largely attended meeting a Mott Memorial Hall, on Madison Arenu last night and declared against the mominaUon of John A. Weekes, for member of Assembly. Ex- Alderman F. A.

Ware presided. A petition, of (which the following Is the heading, receive! many signatures and will be circulated tot more: We. the nnderl ened Ttenuhlleaii alaetnra nr rha Twenty-firth Ainbljr District, are opposed te th. -Tanotnlnatlonl or re-eiaetloe ef Jotia following 1. He is not a resident of the eistrtet 2.

Qurine Mr. nWkm'l thraa Umi In tha jia. islatur. he has eofee nothing for the Republican i'arty ia tbe district Its alar tor. a If Bominated.

I he cannot be alaetad haeauaa ox tne personal attacks whtcb h. made on prom inent Republicans In tbe district who saw fit. for good reasons, to odpose his candidacy. Resolutions wrre adopted advlslne- the delegates to the District Convention to oppose and vote against the selection of Mr. weexes.

BROOKLYN CITIZENS' UNION. No Agreement with Repubiicane Re garding Allotment of Candldatee. The Borough (Jommlttee of the Brooklyn Citizens' Union I held a meeting at their headquarters In I the Temple Bar Building, Brooklyn, last night. The names of Messrs. u.

w. xnompsen and J. J. Cuilen were added tn tha ETMlillva amt arrangements wre made for a meeting of una committee inis afternoon at clock. An echo of tha recent discussion over the funds Of the organization name in tha fnrm of a resolution expressing confidence In the oorougn secret Lry, ttobert Baker.

This resolution waa passed unanimously amid applause. After the meeting the members of the conference committee who were present denied the published that there had been effected an agreement with the Republicans of the borough, with relation to the k-elative number of candi- amies eacn organization should have. Senate Nomination. ROCHESTER, N. Sept fi.

Lewis was nominated for Senator, In the irorty-thlrd Dtifrlct Republican Conven tion to-day to sbeceed the late C. R. Par sons. Nominated for the Assembly. OWEGO.

N. Sept. 20. The Republic-ana of Tioga dounty to-day renominated Edwin S. Hanfot-d of Waverly for member COOPERSTOWN, N.

Sept Otsego County Republican Convention to day nominated pr. John B. Conkllng for fuiuw ui uie. assemoiy. PHILADE LPHIA POLITICS.

Mr. Pattieon Resigns Democratic City Chairmanship and Suggeete that New Organization Be Formed. PHILADELPHIA. Sept 20. A sensaUon was sprung In I local political circles to night when ex-dov.

Robert E. Pattlson an nounced his reiignaUon as Chairman of the Democratic I City Committee as a re sult of the actlfn of -the County Conven tion In nomlnaang a straight-out Demo cratle ticket Ciupled with this announcement wss a suggestion from Mr. Pattlson that a new Democratic organization be formed in the eity. which brought out a statement froml National- Committeeman James A. Gutfr, hearUly indorsing tbe ugsniiuii.

I Tho party organization In thla city is ewmrw ea oy eatiiy unairman Charles P. Donnelly and City Commissioner Thnmaa Ryan, and there has of late been much on-position to leadership. Efforts have been made by Mr. Pattlson and his sup- the union party, (which has nominated P. Rothermel, the encumbent, for District Attorney, against the Republican nominee, John Weaver.

Theso efforts failed. o-nignt tne i uemocratio Convention placed the foUoirlng straight ticket in the field: For District Atmrnev ir-i master W. Wllki is Carr; Controller Joseph G. Magee; Rtcorder ef Deeds Henry Fembergerj Cler of Court of Quarter SessionsHerman V.HeteII: Member of the Board of Revlal of TaxesCharles Ben- An. -t After (he contention had adiourned Mr.

iiuuuiiu inn resirnation as Chairman of the committee, to take effect em-a vuw, BRAZIL'8 REPUBLICAN TICKKT. Rodrlgues Alvds and 8llvlano Brandae Chosen foH President and Vice freeldent. RIO JANEIRO Sept 20-At the meeUng of the Brazilian ftepubllcan Conven tlon. today In this city or the selection and proclamation of can Uates for the Presidency and Vies Preside icy of the republic, in sue-cession to Dr. Ci mpos Belles and Dr.

Rosa bllva. the cho ce fell unanimously upon Rodrlgues Alves President of the State of Sao Paulo, and Hviano Brandao. President maw i etioas-vferaes. THE POLIGE MID A RESORJ OF AHARCHISTS aaaBjaaaaBajggapSBSSSSSSSSBSsSSSSSSSi 1 Members of a Band That Applaud ed Czotgosz Captured. Charged by a Manufacturer with Corv spiring to Take Hie Life One Prleoner from Patereon, I Detectives from the 'West Thirtieth Street Station made descent upon aa anarchistic resort at 130 West Twenty- seventh Street last night They arrested; one of the men present and locked him jipj on a charge of disorderly They; also learned of the whereabouts of the leader of the band, and his arrest followed.

Both the. prisoners are Italians and cannot speak Engllah. They are Buratty Ouldo, dl Giovanni and Oubernatl Erminlrlo. Several detectives have been working to get evidence against this band of anarchists since last Tuesday night, when John Somma, a member of the, firm of Klllan Brothers A manufacturers of fur- nlturo at 151 to 1 West Thirty-eeeond Street, reported to Capt. Flood the exist' enco of a plot hatched by the band to kill him and his partners.

Mr. Somma went to the West Thirtieth Street Station In company 'with one of nis employes, Ernest Serrtre of 175 Blescker Street. There he. told Capt. Flood that on the day President McKinley was shot at Buffalo a number of Italian cabinet workers In his employ danced and shouted with delight at the assassin's act.

Mr. Somma discharged twelve of them. The following day be received a number of auony mous letters; in which his life was threatened He will appear In Jefferson Market Court to-day against- the prtsoners. Erminlrlo was arrested by Detectives Cox and Tyrrell in the pantry of a Broadway Hotel, where he had secured employment after his discharge from the furniture factory in which he Both of tbo Italians have been in the country but a year, they told an interpreter. When Ermlnhlo was searched a number of for elgn passports were found on him and also about thirty letters, all written In Italian.

a.rminiro, tne ponce state, paid a visit to Italy In April last. He returned to this country on May 19. comlnr on the steam- -Kin A i T. i- i Two other Italians were arrested later on suspicion of being implicated In the plot of the Anarchist. They described themselves as Charles Fruttlcd.

a silk: weaver, af 1M1 West Twenty-seventh Street, and Otto Bor- rreon oi jBieecKcr (Street, nen searched was found that each had a Ion dirk and a number of clippings pertaining to anarchy and Socialism. Among these was one relat ing to Mrs. Breed. Fruttlcd admitted to Capt. Flood that he worked for some time In Patereon, N.

J. WU TING-FANG ON ANARCHISTS. Saye that They, Rather than Chinese, Ought to be Excluded. Social Tkt Ntm Yfk Timu. -WASHINOTON, Sept 20.

Minister Wu Ting-Fang caUed at the Treasury Depart ment to-day to see about the cases of two Chinese students who were detained at San Francisco because they did -not have certificates, signed by the American Consul at tne port from which they sailed. The students, Kung Hsiang-Usl and Tel Chl-No, came with missionaries, and had passports from Xi Assistant Secretary Taylor told Mr. Wu that It was Impossible te admit any Chinese who did not have the required certificates from the American Consul, Mr. Wu accepted bis defeat gracefully. I think the Government ought to pass laws excluding Anarchist rather than Chinamen." he said, good-humoredly.

Tbe are law-aoiuung people, anyway. Tomi ought to deport ail Anarchists and pass laws making It high -treason to attempt the life of either the President the Vice President or any Cabinet oiticer, Senator, or Congressman. if you include Congressmen In this protective measure," be added with a laugh, you won't find any trouble in oaaslna the law." WANT TO SEE CZOLGOSZ DIE. Applications to Witness Execution at Auburn Prison Begun' One Hour After President's Death. AUBURN.

N. Sept the belief that Czolgoss will be executed in Auburn Prison, more than 100 persona hare already made application to Warden Mead to witness the execution The applications are by telegraph, telephone, end maiL The first application was received one hour after the President'e death. Every mall adds to the number. CALLS CZOLGOSZ A NIHILIST. So Says a Self-Proclaimed Anarchist in Oklahoma Secret Service Wante Him Closely Examined.

GUTHRIE. O. Sept 20 George Brad-shaw, the carpenter who was mobbed In Oklahoma City for refusing, to walk under the American flag In McKinley memorial parade, was brought to Guthrie this morning and placed in the Logan County Jail for protection. Soon afterward the United States Marshal here received the following message: Washington, Sept. JO.

Examine Tanaek closely. Hold for further ln-struetiona WILKIE, Chief of As there Is no person confined tn the county or Federal Jail named Tanaek, It is believed that the person referred to is Bradshaw. Bradshaw. In the Jail, aaldi I am an Anarchist Oklahoma is made up or noodiums. if this is a free country, a man has a rirht to say.

what he thinks. This is not a free country; the powers are subsidized. No. Czolgoss Is not an Anarchist; he Is a Nihilist or Insane. He win never oe executed; mark my words." HOUSE DAMAGED BY DYNAMITE, Goshen Lawyer Had Denounced An archists Because of President's Death.

Sftciat 10 Tkt Nrm Ytrk Tmt. GOSHEN. N. Sept R. Du-vaney, a prominent lawyer, had denounced Anarchists because of the assassination of President McKinley.

This morning the porcn was blown from his home by a dyna mite bomb filled with nails and scrap Iron. LAFAYETTE POST MEMORIAL. A. R. Comrades of William McKinley Hold Servlcealn His Memory.

Laisyette fost, u. a. neid a memorial service last night In honor of Comrade Wnilara McKinley. The memorial service was preceded by a business meeting, at which resolutions of sorrow for the death of the late President were adopted, and also resolutions promising support to Pres- To the memorial service the friends of the post had been Invited, and they were pres ent in large numbers. The military form of service was aanerea to.

witn commander Allan C. Bakewell presiding. Chopin's Funeral March." by OrganNt P. B. Sparks, and the hymns "Nearer.

My God, to Thee and Lead. Kindly Light." comprised the principal features oi tne musical pro- gramme, i napiain w. wooa or tne pos Lawyer John A. Kemolns. and Col.

A. Barnes of the Twenty-third Regiment of rooaiyn maae Drier aaaressea. CLOSED UNION 80UP KITCHENS. 1 Tampa Citizens Deal Summarily with Striking Clgarmakerev TAMPA, Sept days ago the Citlsens Committee notified. the strife tng members of Reslstencia that J.he free-soup house established by the union must close, claiming that they encouraged cigar-makers to remain Idle, Most of them Were then closed.

When It was learned yesterday that seven remained open, the citlsens visited tnem. poured the soup on the ground, end put out the fire. Some of the olgarmak ers assisted In tbe work. i Meanwhile. UW strikers have returned to work, and mors are joining -them every ADRIFT: OFF NEWFOUNDLAND.

Crew of. Scotia Reduced to One Biscuit Three Trmee Daily, When Reecued by Steamer Furneeela. STA.J0HNS N. Sept Anchor Line steamer Furnesala, Capt Young, from Glasgow and. MovUIe, for New Tork, which arrtved here to-day, reports that when 800 miles off Newfoundland she fell In with the Inter-Colonlal Railway Ferry steamer Scotia, which left the Tyne Aug.

28 for Fort Mulgrave, Nova Scotia. The Scotia was and short of provisions, and Tbe Furnessia took her la tow, and brought ber to this port Provisions were so scarce oa the Scotia 1 that the crew were reduced to one biscuit each three times a day. Three days ago aa Amerlean yacht bore down upon the Scotia, In answer to distress signals! and gave the crew as much pro-vtaions' could be spared. But for the last three days the Scotia had not an ounce oi coai on ooara. The Furnessia- carrvlnr eassenrers.

resumed her voyage to New Tork to-night Tne Bcoua wiu sail to-morrow, tine is a new steamer, built at the Walker Shipyard of Armstrong, Whitworth A England, to the order of the Canadian Minister of. Railways and Canals, for the carriage of railway trains across the Straits of Can so, between Pert Hawkeabury and Port MuigTave. FELL 105 FEET AND LIVES. Boy Slips from a New East River Bridge Girder and Lande on Band Ple. Shortly before o'clock yesterday afternoon Emmet Knight eighteen years old, of 73 South Tenth Street, Winiatflaburr, riveter's apprentice employed on the sew East River Bridge.

Bear the Brooklyn anchorage, bad occasion to carry some tools to one of the 'workmen a short distance away. He started, as was his custom, to walk alone one ef the Iron girders, which is 105 feet from the ground. The boy had walked hut a short distance, however, when he stepped on- some grease On the girder. His feet slipped from tmder hint and he fen." He grasped frantically at the Iron work, but failed to catch It The hext Instant tbe. ether workmen on the structure were almost unnerved by seeing his body shooting downward toward the street.

The body turned several somersaults In Its fall, and landed ia a neap of sand in Dunham Plaoe. The other workmen climbed down from the structure as fast as possible, and ran forward to the Place where the body had landed. They expected to find a mangled corpse, but Instead were surprised to see Knight raise himself on his elbow and-1 look about him. He was helped to his feet but immediately became unconscious. An ambulance was called from the Eastern District Hospital.

Dr. Hoffman, the ambulance surgeon, examined the man and found that Knight bad suffered no further injuries than a broken arm and some unimportant bruises about the body. Knight was taken to tbe hospital, where be recovered consciousness. The physi cians said that be would be able to get about in a few days. Knight said that when he fell he expected to be killed, and that when ho found himself lying ia tho sand heap he could not believe at first that hs was alive.

BOY BURGLAR'S STORY. Alleges a Wealthy Resident of Hunting. ton, L. Helped Him to Stel. RIVKRHEAD, Sept 2aClarence Liddle, a fifteen-year-old boy.

who has confessed to having stolen $200 from the home of Kdward Clark, a farmer, living near Huntington, Is locked up in the Coun ty Jail here, awaiting the action of the Grand Jury. Toung Uddld to hie confes sion made a statement Implicating la the robbery a wealthy resident of Hunting-ton, who, he alleged, incited him to commit the robbery, and In fact, helped him to enter the Clark residence by assisting him. to raise a ladder td aa upper window. Richard C. Carll, the man accused by Liddle, owns a large farm, and has been Fireminent In church work.

His friends lnd it impossible to believe tbo charge against him. and the belief is general that the boy lslylng. Mr. Carll's wife Is the daughter ef E. Morgan Griffin, cashier of the Oyster Bay Bank.

She is the granddaughter of Dr. Darling B. Whitney of East Norwich, who left a large estate, to wmcn she is one of the principal heirs. Mr. Carll has not been seen vet.

and statement has been obtained from him. Tne ney, wno nas been employed by Clark as a farmhand on his place at Dlx Hills, said In his sworn confession that Richard Carll told blm that Clark had jua In a bureau drawer, that he told him where ine xeys oz tne orawer were, and that the two raised tbe ladder aa-alnst tha house and enabled the boy to enter the second story winaow. Tne oy said Carll gave him $20 for the Job. Mr, Clark says that the money was in th drawer when he left home. THEATRE ROBBERY REPORTED.

Management of Daly'e Sends for a Detective No Confirmation of tho Rumor Given. It was rumored In the West Thirtieth Street Police Station last night that during theatre hours there had been a big rob bery at Daly'e Theatre, Thirtieth Street and Broadway, where James T. Powers Is ap pearing in Tbe Messenger Boy.R It was said that a box containing hundreds of dollars' worth of opera glasses, which la kept In the cloak room, had been stolen, and that some valuable wearing apparel belonging to patrons of the theatre had been taken. The first Intimation had at the station house of the alleged robbery was when an employe of the theatre hurriedly entered the station and said that' Manager Lawrence wanted a detective at once. The request was complied with.

The police admitted that something was wrong at the theatre, but they would not say more. Mr. Lawrence, when seen and asked about the matter, denied that there had been any robbery. If anything was wrong he refused to tell what It was. HflDIAU HAEBOE AS ISIAIH).

Em C. Benedict. It la Said. Will Cat It OS front the ktalalaad. Social to Tkt Nrm Ytrk Timtu GREENWICH, Sept 2a The point of land owned by E.

C. Benedict and known as Indian Harbor, may soon become aa Island. The -purchase of the properties of William-Rapp and Eugene Tompkins is said to be for. the purpose of getting the land required to make a canal and a lake that will turn Commodore Benedict's pos sessions into an Island. On one side of Mr.

Benedict's place Is Smith's Cove, and on the other side Indian Harbor. Each runs up te a small inlet Between these two Inlets, at the north of the Benedict estate, is a marsh a half mile long. This I the property just purchased, end which engineers hsve been looking over with the view of transform ing it into a beautiful lake, whose water will be supplied by the two harbors. oiMrr' Benedict, to improve his surround ings' purcnaaed tne homes or bis fishermen neighbors and moved them to Orchard Place. The sanitary conditions of this street are now so bad tnat the town of (rials nave been netitloned for a un.

The only way that the sewer could be built was through the marshy land and then on to Indian Harbor, where It would find an outlet rear the Benedict mansion, tn the harbor, which Mr. Benedict had drede-ed out for his yacht The purchase of this marshy land and the cottages oa tt does away with to possibility oi a sewer mere. Divorce for Pref. F. Schultx'e Wife.

MOUNT HOLLT, K. J- Sept absolute divorce, on statutory grounds, has been granted, by Chancellor Magte to Mrs. Cora M. Bchults. from her husband.

Prof. Frederick T. Schults. em-Principal of the Bordentown Female College. No defense waa made, rrot.

schuiu a whereabouts being unxnown. Frost In Upper New UTICA, Sept aa A- very, severe frost was experienced Central and Northern New Tork test night Ice formed on shallow water, and great damage was done to all garden and truck farm products. There is made a 'pore Halt Extract Ixdped humanity. It's virtues became known' wherever civil jzation is lenown. It insured perfect digestion -and foils found cut that fact It was a flesh maker, a blood maker, a muscle maker, a nerve maker the Doctors saw it, the Nurses saw it, the Patients felt it, the whole world soon got to know of It became the universal tonic used with or without a '-'prescription.

And then came the imitr--hordes of themv Had they faithfully tried to copy the purity, tie quality, the excellence of the original, they might have --done some good to mankind. Most of them only wanted the name, Malt Extract." v', They saw, or thought they saw, "big money in iC Any tort of beer was caBed "M-0t Extract! The market was flooded with eft rap, iapcre, ca worthy Malt Extracts. v'- Is it any wonder that to the ordinary reader to-day, "Malt Extract' doesn't mean whatit csed to? i It's not our fault. VJohanp HofiTsMalt Extract' means exactly "what it used to mesa. It does exactly what it used to do.

Johann Hoffs Malt Extract makes flesh sad blood snd muscle and serve to-day exactly as it used to make theinv If you have ever bees disappointed in a Malt Extract, it is because yon didnot insist trpos Johasn HcTs. Let us emphasize this ad that every reader will remem- i Ask for Johann v' Insist upon Johann Hoffs. Take none but Johann Hoif a. Tea nobody was ever disappointed fa ths (enttine i Johann HoSs Malt Extract. Eisner eV Meadelaaa The High Quality never declines.

It is still mad by the scientific formula of James Crow, as made by him Ja 18J, usin the Hand-Made Sour Mash; process, and the! best spring of water in Kentucky. It is sold straight Gold medal awarded at Paris 1900. HeB.K.RK&!ca.Sol fcheit4emJsirs. SfHYE MbSnJ.toWSSf 1 11 bH itneaei sf MISS. CONGER MARRIED.

i Oauflhter. Minister, to China Weds Lieut. Buthan. Who Waa In king Relief Column. 4 CtncAOO.

Sept. 20. Miss La ara CeHgef and UeuU Fred B. Bacban, Ualtsd SUtes Army, were married to-rright at the real- dance of the bride's aunt. Mrs.

J. B. jao Connell. oa Lake Avenue. Miss Center is tne daughter ot tbe United States Minis tar to Cnlna.

-i Tbe courUbip. vrblcb coded la to-nigars ceremony, waa begun in peaing. jumbw Buchan was wltb tbe American lorcss in the relief column, and afterward waa stationed at the Chinese capital with hi regt-ment Only twenty-five guests, mostly relatives, witnessed the ceremony. There were two attendants, both cousins of the bride. Miss Mary Pierce, who aeted as, maid or honor, is also oca 01 roe aero-ines of Peking, where she was a member of the Conger household.

Her own wedding to TJut- Hammond of the American forces at Manila will take place before Mrs. Con ger sails this Autumn to oin air. vonger In Peking. The bridal party stooa unaer a ctoow Of green foUage and white flowers. The Rev.

J. W. Hanson read the snarnags service. The bride's gown was of white crepe, embroidered in chenille and trimmed with lace. She wore no and carried a bouquet of lilies of the valley.

Lieut, and Mrs. Buchan leave to-morrow for Kansas City, and sail (or ataniia in uctooer. CARTER FUNDS RECOVERED, Possessions of the Convicted Army Cap to (200,000, Se-'. '-A cured In Weet Virginia. CHICAOO, Bept.

Through the recovery of $200,000 in cash and securities in Huntington, West the Government authorities now have possession of about $300,000 of the funics embesaled by Oberlln ja, carter, zormeriy vtptain et ue vum SUtes Engineer Corps at Savannah, Oa. The announcement of the eelsure In West Virginia was made to-day by Marion Kr-wlo. Special Assistant Attorney Oeneral of tha TTnitnd Rtatsa. who is now in clmrca. Mr.

rwln has been working under the At torney General lor some time in tne uuga tlon instituted by the Government to re cover the funds alleged to have been fraud ulently converted irom tne river ana nsr-bor Improvements la the Bavannah dla-trlct Hs will remain tn Chicago for some time to push the proceedings on the bill recently filed in tbe United mates Circuit Court against former Capt. Carter, bis uncle. Lo-renso D. Carter, and his brother, tan- ton caritr. GUARD ROYAL APPROACH, i VANCOUVER.

British Columbia, Sept 20. Preparations are now perfected for the safe conduct of the Duke and Duchess of Cornwall and Tork across the continent to thla city. The entire line of railway. from Quebec to Vancouver, will bo guarded aad pa-troied during the royal progress. Thousands of men have been specially engaged for thla purpose by the Canadian faclflo Hallway Company.

Each guard will be in. sight of his neighbor on each side. The royal train will be preceded an along the route by one or more pilot engines, which will keep a short distance ahead. A special army of private detectives la on the watch all over Canada for suspicious characters, with orders to arrest an such and put them In Jail, until the royal party shall have left Canada. The thousands of switches-along the line of the trans-continental railroad Will be specially guarded and locked.

All traffic will tire fray before the royal train: not a wheel being allowed to turn within a distance of ten miles of the Duke's train. 1 FATAL RAILROAD COLLISION. WARREN. Sept. 90.

Three men were killed and twenty-one injured In a collision oa the Boston and Albany this noon between a switching freight and a graVel train. Ail the killed and Injured were the gravel train employes. The freight crew waa running two coal cars down to the Bayles A Jenks milt on the east-bound track, and the gravel train, thirteen or fourteen oars and caboose, with engine rushing, was coming up on the same track, lie two meeting on the curve at the Qua-boav llrklse. The caboose ot the gravel train, ia which ail the train crew except 1 Sale Agents, New Yerk. "the tCROW THE SD SH OB $3.00.

Per Pair. Te ne enUairj ewtrver Tis StroOers is a very aaaasesl saae. Bat tae rtactlced eve ef taw aaeo vxpen aegg ssers -vss details wkJdt are tke reaaewera va ftvesw wfimar mmm waUf aeeeaa ar- factloa. Aatf ft te ke wke av velstaatsaca a sooc aa ae soU aa cheaply. 4 Fait stvles bow rtaJy." Etsxker, Lace, Cesgrcss, Esttea aad DoaMf Sols Lew Shoes.

All styles sad akapei; a9 kathers; all sizes, width A tt Every sfcaa a ail Said 'Few Caaveaieat Steves. Hi Broad war, 211 aad Sixth Are, CortUaet St, UStk St, Conor Ave. ENAMELED 1 STEEL COOKING UTENSILS Guaranteed to tte cdetttefw free? from poisonous cotnposttJooa aafe to use aad vQi iastfor years. i ISO aad 1X9 Weet -424 Street, aad slot ww era WTYmrm a wm Bd4ima Us AvdsBtt eft EAU DE COLOGNE lsisia py Myeanf sajilitlias. Bayealylas SISMJSQ saas Marls stesi 0-ltIi A lasting aad exdutslu wtrruias.

Has bssa rosr ritscd asroed as the bast: to tov sold bsrs. Sand tt cents far fuU-slso aettle.t Imnct etnee. 1-S Aaa BU. Mew Tera. RARPET nLEAHSIHG Lsrs.at ia the World.

Kveey detalk TUB Hi US. J. ITEWikT Krle aad 6ts Sts, Jetwew 8TORAOK WABCMOliSB AND MOVINU TaXS, Talspkoaa. Ss4 tor mtersatiBg circular. Mua hrtMnkit aa tin 'dinner.

telescoped on the first gravel ear, those two beina? the only cars eertousiy deia aged. TIN PLATE WORKERS ANGRY. PrTT8BTJRO, PsnnJ Sept. 20, VttCb. fe exceptions work was resumed, at least a measure, at the trust's steel mills to-cay.

and If the disgruntled, lla workers eaa conciliated by. neat Moaday aU the plaa wUl be In full operation, Among the Un workers the feellAg agabua returning to work unless the union is reccf nixed. Is still strong. But Influences are at work which. It Is hoped.

wlU tniwcej' strikers to reconsider their heated etsTB lnatlon before any rash move Is made. A committee of tho ttaplats workers rT mulated plans to-day for secession froatt Amalgamated Assoclatloa, aad ertll rece! mend their adoption at a seaerai saeeuna to-morrow. STROblERS aasB MAM 1.

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