The Brooklyn Daily Eagle from Brooklyn, New York • Page 1

DAILY FOUR O'CLOCK EDITION. FRIDAY, JUNE 4, VOU. 57. NO. 154.

16 PAGES. COPYRIGHT, 1837, ET THE BROOKLYN DAILY EAGLE. THREE CENTS. VON TAUSCH ACQUITTED. CYCLONE UP THE STATE.

SPAIN'S NEW CUBAN PLAN, WILL CONFER OH MONDAY. LYNCHERS KILLED; THEIR VICTIM HANGED. UHLIMN CHARGED WITH ROAD WRECKING again and a rush was made for a tree in the southeastern corner of the court house yard in front of the court house. The end was thrown over a strong limb and a thousand willing hands pulled the wretch up. The end of the rope was tied to the iron fence and Mitchell was left hanging in full view of sev erel thousand people.

All this was done In a shorter time than It actually takes to tell the story. The lynching took place at about 7:30 o'clock this morning. The men taking part in it made no attempt to disguise themselves, but it Is not known who did the work and the person who attempts to find out will get himself into serious trouble. The mob did its work well and that is all the people wish to know. It is doubtful If Mitchell died from the effects of the hanging.

The life had been almost kicked out of him when he fell down. It 13 the general opinion that he was unconscious when strung up. His body was left hanging for an hour or more and the people of the city flocked to see it. All classes of citizens went to witness the spectacle. The body was finally cut down and placed in an undertaker's box and left lying in the court house yard, open to the public gaze.

Governor Bushnell is en route here from Wooster, and is due at 2:15 P. M. Von Luetzon Convicted and Sentenced to Two Months. Borlin, June 4 Ilerr Yon Tausch, tho former ohief of tho secret political polico, who has boon on trial horo for nearly two weeks past, charged with perjury, high treason and forgery, was acquittod to day. Baron von Luetzow, who was tried with von Tausch, the former being charged in this case with defrauding the Imperial army service fund and of forging a receipt for the put pose of wilful Imposition, was convicted.

The public prosecutor, after the verdict, asked that a sentence of six months in prison be Imposed upon von Luetzow, in addition to the fifteen months imprisonment to which he was sentenced on December 7 last after having been convicted of libelling Baron Mar schall Bieborstein, the minister for foreign affairs, and to two years loss of civil rights. The court sentenced von Luetzow to two months Imprisonment, taking into consideration the fact that in certain cases he had acted for the secret political police which employment, the court added, "made it almost impossible for a man to preserve his sense of honor." SUNDRY CIVIL BILL SIGNED. D. June 4 ThoPresident has signed the sundry civil bill. This bill is an act carrying appropriations for certain departments of the government which were not adequately provided for by the last congress.

ROBERTS AND JORDAN NAMED To Be Treasurer and Assistant Treasurer of the United States Other Appointments. Washington, D. June 4 The President to day sent the following nominations to the senate: State Lawrence Townsend of Pennsylvania, to be envoy extraordinary and minister ELLIS H. ROBERTS, Who Was To day Appointed United States Treasurer. plenipotentiary of the United States to Portugal.

Treasury Ellis H. Roberts ot New York to be treasurer of the United States; Conrad N. Jordan of New York to be assistant treasurer of the United States at New York; William E. Andrews of Nebraska to be auditor for the treasury department; William B. Brown of Pennsylvania to be auditor for the war department.

DURRANT MAKES MERRY. The Condemned Man Overjoyed at His New Lease of Life Had Given Up Hope. San Francisco, June 4 Theodore Dur rant will not be hanged on next Friday. His attorneys have gained for him a new lease oE life for four months, at least, and the condemned man made merry In his cell last night when he heard the cheerful news. He had become resigned to his fate and his tearful eyes had turned to the Bible as his only solace, when information was received at the prison that Judge Gilbert of the United States Circuit Court has granted his attorneys permission to appeal to the Supreme Court of tho United States from his order made on Wednesday, denying the application for a writ of habeas corpus.

The appeal will be perfected to day when Durrant's father will file a bond of $500 to cover the costs of the appeal. Even If tho appeal should be dismissed early in the term, the thirty days allowed by the state law between the time on which the execution is fixed and tho day of execution would carry tho matter pretty well toward the end of tho year. No formal stay of execution, however, has been given. Attorney General Fitzgerald has not yte advised Warden Hale not to proceed with the execution on June 11, but he has given such advice to Warden Aul of Folsom in the Worden case and the Durrant case is at present on precisely the same footing. NEGRO HANGED FOR ASSAULT.

James Lewis Had Three Trials in as Many Days. Fairfax, June 4 James Lewis, colored, who was recently convicted of assault on Mrs. Reldel of this place, was hanged at 5:03 this morning In the jail yard in the presence of about fifty people. Lewis was quite cool and walked to the gallows without assistance. There was no demonstration of violence on the part of the crowd.

The crime for which Lewis suffered the extreme penalty of the law was that of assaulting Mrs. Ida Reldel, a white woman who lived with her son some miles below Alexandria, Va. The crime was a brutal one. Lewis was soon captured, but stoutly maintained his innocence. A remarkable feature of tho case was that he had three trials in as many days, the jury in tho first two cases being unable to agree, and In the last trial declaring him guilty and imposing tho death penalty.

The prisoner was then remanded to jail to await execution. He continued to assert his Innocence until yesterday, when he confessed. HAWAIIAN MINISTER'S MISSION. Tnno 4 Minister Damon of Hawaii, in an interview relative to tho report cablod from Washington that his mission is oon nectod with the proposed cossion of Hawaii to Great Britain, in the evontof the United States congress abrogating tho reciprocity treaty, which tho Hawaiians beliovo congress intended to do. snid the report was utterly ridiculous, and addod that ho was here solely to ropresent Hawaii at tho Queen's jubilee.

WEYLER IN SANTA CLARA. Havana, June 4 Captain General Woylor arrived at Sagua la Grande, provinco of Santa Clara, yesterday, coming from Placotas and Caniajnaui by train. Ho will arrivo horo thin afternoon on board the gunboat Logazpi. FRENCH CABINET RUMORS. London, Juno 4 A spocial dispatch from Paris says rumors aro curront at tho French capital of serious dissonsion in tho Melino cabinet and that its reconstruction is probable.

Imperial German Brew, Beal old German logor beor, browed and bottlod by BEADissioK WoEliz, 2gi West 10th Y. Adv. Woman Killed and Her Son Fatally Injured. Utica. N.

June 4 A cyclonic storm Bwcpt over a territory about twenty miles long ami a half mile wide in tho western central purt of this county yesterday. Great damage was done by tho wind, especially in the town of Westmoreland, where at least half a dozen barns wore blown down and several houses moved from their foundations. In one barn Mrs. Chaalcs Cook took refuge with her son, years old. Tho barn fell in tho storm and Mrs.

Cook was instantly killed and tho boy crushed so badly that ho cannot livo. Telephone and telegraph lines aro broken. STEAMER HEKLA SIGHTED. A cablo dispatch has been received from London, stating that tho Danish stoamer Hekla, which was in collision with tho Atlantic Transport Lino steamer Mississippi, passed tho Butt of Lewis, Hebridos Islands, to day. London, June 4 The Dauish steamer Ilokla, Captain Lamb, from New York, May 22 for Copenhagen, passed tho Butt of LewiB, tho most northern point of tho largest of tho Hebrides, to day with her bows badly stovo.

She signalled her passengers were all well. THINK CAN0VAS SHOULD STAY. Presidents of the Spanish Chambers in Conference With the Queen Regent. Madrid, June 4 Tho queen regent conferred yesterday evening with the president of the senate, the Marquis Paso de la Merrzed, and tho latter afterward said he had pointed out to her majesty that the continuance in office of Senor Canovas del Castillo, the retiring premier, would constitute the best solution of the crisis. This opinion Is shared by the president of the chamber of deputies.

Senor A. Pldal, who is to have a conference with the queen regent to day. Marshal Martinez de Campos is on his way to Madrid; but, as he is not identified with any party, he is not concerned In the crisis from a political standpoint and will give his attention to other questions, especially to the Cuban question. Senor Francisco Silvela, the leader of the dissident conservatives In the chamber, is among the politicians who have been summoned to the palace. The Heraldo understands that the proposed Paris branch of the Bank of Spain will not be established, the negotiations on the subject having fallen through.

Marshal Martinez de Campos arrived here during the morning and proceeded to the pal TROLLEY BRIDGE PLANS FILED. Manhattan L's Consent to the Erection of a Post Necessary to Their Acceptance. The trolley plans for crossing the bridge were filed yesterday afternoon with Chief Engineer and Superintendent Martin, who already has In his possession the plans of the Brooklyn Elevated Railroad Company. The plans themselves are complete, but it Is Impossible as yet for them to be considered by the chief engineer, as they provide for an encroachment upon the property of the Manhattan Elevated Company, whose consent will have to he first secured. The encroachment is at the Manhattan Company's station, just beyond the New York bridge terminal, and consists of the erection of a large and heavily braced pest, which will act as tho principal support of the structure upon which the trolleys will build their loop round the terminal.

President Rosslter of the Brooklyn Heights road, has applied for the necessary permission and has received assurances that tho matter will he favorably settled as soon as the elevated company's board of directors can act. As soon as this is secured, and the pians of the Kings County Road are also Hied with the bridge engineer, t'hey will he passed upon by the bridge officials and if they do not conflict, the signing of the contracts will be in order. It was eemi omcially announced this morning thatalthuugh theplans havocnnllictcd in several minor points, these have all been adjusted, and the contracts will be ready to recive the necessary signatures as soon as the above permission is secured from the Manhattan L. FOR HELPLESS THESSALIANS. An Appeal for Aid Issued by the Central Committee in Athens Thousands Beggaredi The central committee for the relief of Thessalian refugees has Issued an appeal, dated from Athens, May S.

This appeal has been extensively circulated in Brooklyn and New York. Among other things it says: "Over one hundred thousand Inhabitants of Thessaly are now wandering about the towns and villages of continental Greece, Euboea, the Sporades, houseless and Insufficiently clothed, depending for a morsel of bread and for a roof for thb night on the mercy of the Almighty and tho charity of benevolent souls. These innocent and lrrep sponsible victims of tbo great catastrophe, which until the other day lived happy and prosperous on their native soil, cruelly expatriated, are now stretching out a begging hand for the mere means of subsistence Ono hundred thousand at least honest agriculturists, manufacturers and merchants who, up to the other day, wore giving life to ono of the most beautiful provinces of this part of Europe are now bogging for bread. "Tho limited resources of poor Greece, exhausted by repeated imperativo calls are no longer able to cope with tho situation and relieve so much suffering. Only charity of a universal character could act with effect.

We, therefore, address without hesitation the present appeal to philanthropists all over tho world, to all Christian souls, to all generous and noble hearts anil repeat with our most ardent prayers tho touching appeal ropoated every day with throbbing anxiety by thousands of starving mouths. "Tho urgency of the case admits of no delay. There is perhaps yet Just timo to save thorn, luo slightest delay may make us lament deaths from starvation and other bard ships. We are convinced that tho magnltudo of this unexpected human suffering will not fall to touch every sensitive heart and we are looking forward to the prompt response and generous subscription of all philanthropists." KILLED BY A LIVfTwIRE. Baltimore, Juno 4 William F.

Ray, hold salesman and genera', manager of the bicycle firm of Cllno Brothers, was accidentally killed by electricity at 11 o'clock this morning. He caught hold of a live wire. The QuccnN Coronation 1 bod la next Sunday's Eagls. Secretary Sherman Approves an Offer of Autonomy. HE CONFERS WITH THE JUNTA.

The Scheme Is to Give to Cuba 31 Representatives in the Spanish Cortes The Secretary of State Regards This as the Best Solution of the War, But the Junta Stands Firmly for Absolute Independence. Eagle Bureau, 608 Fourteenth Street. I Washington, D. June 4 Senor Dupuy De Lome, the Spanish minister to thos country, has presented to Secretary of State Sherman a new plan for the autonomy of Cuba, Just agreed to by the Spanish government. Secretary Sherman has given the proposed plan careful consideration and approves of It, and will use all his influence and that of the department of state to Induce the Cuban leaders to accept the proposal of the Spanish government for the settlement of the pending difficulties on the Island.

The proposed plan for Cuban autonomy in brief is as follows: Spain is willing to give the Cubans thirty one delegates to the Spanish Cortes, with the provision, however, that seven of these delegates are to represent the trades and commercial Interests of the Island of Cuba The represntatlves of the Cuban Junta here, who have been informed by Secretary Sherman as to the nature of tho offer of Spaiu, as might be expected, do not receive it with favor. They say that the proposition to appoint seven delegates to represent the trades and commercial interests really means that these Eeven men will have to be taken from Havana and the other large cities of the island, and that necessarily they will bo pro Spanish in their ideas and sentiments; and that, therefore, these seven men, so far as the interest of the Cuban party goes, will be of little use in tho Cortes. Secretary Sherman, however, does not take this view of the matter. He considers that this last offer of Spain is very liberal and presents the most practical solution of the complicated Cuban question now before his department and before the President. While a member of the United States Senate, Senator Sherman was always a friend of Cuba and took every opportunity by speech and action to show his sympathy with the cause of the insurgents.

The fact, therefore, that he favors the acceptance of the offer of Spain would indicate that he believes It presents the only practical method of ending the present destructive war. Since he was informed by Senor de Loma of the terms of Spain Secretary Sherman has seen and talked with the prominent members of the Cuban junta, and he is still endeavoring to gain their consent to the proposed agreement. If the Cuban war could be settled in this way it would give unbounded satisfaction to President McKlnley and the members of his cabinet, and would take out of American politics a most disagreeable and irritating topic. Commissioner Calhoun is expected to arrive in this city to morrow night, but little is expected to result from his report, because Secretary Sherman will urge tho President not to take any action until he can find out I definitely whether the Cuban difficulties can be settled In the manner now proposed by Spain. Delegate Quesada of tho Cuban Junta, when asked whether he favored the proposed settlement offered by Spain, said: "I do not.

I have told Secretary Sherman so. The Cubans will have nothing and want nothing and will accept nothing but absolute independence. We do not want the United States to fight our battles for us. We only ask this country to acknowledge oru belligerent rights. If it declines to do this we can wait and fight.

The cannon will give us honie rule. During the past week we have landed another expedition in Cuba with arms and ammunition. We will have the next four months to work in with the climate In our favor. At the end of this time we will be in splendid fighting condition. The Spanish army wll be demoralized and Spain will have to add $00,000,000 more to her Cuban war account.

The recent change in tho Spanish ministry Is only another in her policy of deception. I do not believe that Dupuy de Lome will be recalled by the new minister. He is too useful to Spain and thoroughly understands tho situation here. Dupuy de Lome knows that Cuba is lost to Spain. Many prominent United States senators here have in thoir possession personal letters from insurgent leaders, stating definitely that they will not be satisfied wnth anything but complete Independence for Cuba.

But it seems to be an easy matter for Spain to throw dust in the eyes of tho secretary of state. She did this while Olney was secretary and she is doing It now with Secretary Sherman." Cabinet Considers the Case of the Valencia. (By the Associated Press.) Washington, D. June 4 Secretaries Long and Alger were the absentees at today's cabinet meeting. The case of the Valencia, the Ward line steamer, which was compelled to haul to by a shot fired across her bows from a Spanish cruiser as she was coming out of the port of Guantanamo, was briefly discussed.

The incident occurred May 28. Secretary of the State Sherman explained that the act of the Spanish vessel could not be regarded as an offense against the United States as the Valencia was showing no colors and the purpose of the Spaniard was simply to compel her to show her flag. As soon as the Stars and Stripes were ran up she was allowed to proceed. No other important matters were considered by the cabinet. It is the prevailing opinion at the White Houso that President McKinley will nominate the new minister to Madrid in tho course of a week.

Six names have been under consideration, so it is stated seml offleially. Three of thorn are believed to be General B. F. Tracy of New York, Senator John B. Henderson of Missouri and Congressman Hltt of Illinois.

The last named, It Is said, will be tendered the post, but does not desire it. TRANSVAAL INQUIRY CLOSED. London. Juno 4 Tho parliamentary committee inquiring into tho Transvaal raid adjourned to day, aftor hearing a statement of the parliamentary secretary for the colonial office, the Earl of Solbourno, to the effect that the colonial offico had absolutely no hint of Dr. Jameson's plans, which statement was followodby brief speochos from counsel.

EMILY BANCKER DEAD. Albany, N. Juno 4 Emily Banckcr the actress, died at tho Albany hospital this morning of peritonitis, having boon ill sinco Monday. Her husband, Manager Thomas W. Jty loy, was with her.

They were visiting Mrs. Rylcy's aunt in the city when she was takon ill. BROOKLYNITES IN PARIS. (Special to tho Eagle.) Paris, Juno 4 Mr. and Mrs.

Elijah It. Kennedy and family of Brooklyn have rogiBtored at the Eagle Buroau hero. Iife at Willcls Point, Described and Illustrated in noxt Sunday's J2ole4 Eesult of Congressman Quigg's Call Upon Leader Worth. KINGS COUNTY MEN NEEDED. Virtual Victory for the County Clerk in His Little Revolt Against Senator Piatt Four Counties Entitled to Representation in the Conference Problems of the Mayoralty Nomination by No Means Solved The Situation.

Lemuel E. Quigg, chairman of the New York county committee, visited County Clerk Jacob Worth at his home in this city last evening and had a talk in reference to the date of the conference which Is to determine the representative of the various sections of Greater New York in the city convention. Tho visit of Mr. Quigg to Brooklyn means. If it means anything, that Jacob Worth has won the little fight which he put up again the Piatt men in New York.

Summoned to several conferences of the Piatt machine in Washington and New York, Mr. Worth not only refused to go himself, but also to allow any of his followers to attend. Now Quigg, who represents Piatt, comes to Brooklyn. There can no longer be any doubt of Mr. Worth's standing in the party.

With him rests its hope of success. Without his hearty co operation whatever chance the Republicans may have to win the city election will be as nothing. Incidentally, Mr. Piatt Is not In an altogether enviable position. Worth wants Low or some men very like him.

Low, It is assumed, will not accept the. nomination of the Citizens' Union, which wants him, unless assured of Piatt's support, and, without a combination with the Citizens' Union and all other amti Tammany elements, there Is no possible chance for victory. To add to the general unpleasantness the Citizens' Union, the Good Government Ciub and other similar organizations have declared that they would not deal with Piatt. The senator does not forget that Mr. Low opposed Blaine, but In the position that he now Is he may agree to take Low as the candidate of the New York machine.

If he does his enemies in the party will say, without doubt, that he was forced to by the New York independents and the Kings County machine. As the result of his visit to this city yesterday Congressman Quigg announced in New York to day that the conference above mentioned would be held in the rooms of the New York county committee in the Metropolitan Life Insurance building, 1 Madison avenue, next Mu.day night at 8 o'clock. Tho call for the conference Is being sent out this afternoon to Insure a full attendance of all the delegates. The following Is the complete list of thoso from the four counties, who will be entitled to take part in Monday night's proceedings: County of New York Frederick S. Oibbs, chairman: Abraham Oruber.

John Relfnwebcr, George. R. Bldwell, Ottn Irvlnp Wise, Charles A. Hess. Frank J.

Drummond. Charles II. Murray, William H. Ten Eyck. County of Kings Jacob Worth.

Wllllnm J. ButtUnK, Harry A. Hanhury. Jacob Brenner, Georfre W. Palmer, Silas B.

Dutcher, Robert A. Sharkey, John A. Deubert. County of Queens Wllllnm J. Younps, Henry A.

Johnson. B. F. Wood. John Lewis Frederick Storm.

M. S. Wood, W. L. Wood, Georpe Schumacher, 15.

G. Strong. County of Richmond Hugh McRoberts, 13. H. Sechusen, Frank Itensehler.

Charles A. Jones, John J. Henry Guyon. H. E.

Bull. Charles Gollner, Thomas A. Branifr. SUING MAGOWAN FOB $300,000. Papers Filed Against the ex Mayor of Trenton, N.

J. Trenton, N. June 4 Carroll Robbins, counsel for ex Vice Chancellor John T. Bird, receiver for the Trenton Rubber Company, has served papers on ox Mayor Frank A. Magowan in a suit for $272,000 and interest, making a total of about $300,000.

This is for money which, according to the books of tho rubber company, Magowan has overdrawn on his account. Vice Chancellor Reed has not yet appointed the expert accountant asked for to go over the books of the Trenton Rubber Company, but will do so in a day or two. AN EXCAVATION FLOODED. Narrow Escnpe of a Score of Men Working the New Singer Building Foundation. Over a score of laborers engaged in digging the foundation for tho new Singer building at the northwest corner of Broadway and Liberty street.

New York, had a narrow escape from death shortly before noon to day. In some unknown manner tho water main running through Liberty strcot, near Broadway, burst and in an instant a torrent of water was rushing into the excavation. In a few minutes tho flood of water bad undermined tho roadway for pome fifty Bquaro feet, which was swallowed up, cobblestonos manhole and all. The crowd that had gathcrod on tho other sido of Liberty street warned tho laborers of their dangor and fivo men and a horse and cart, which scarcely a minuto bol'oro had been standing over tho spot hurried away just in timo. Tho police drew acordon aboutthe excavation.

The breaking of the water main is suppoHOd to havo bocn caused by tho cavo in of tho street, winch probably preceded it. the gromm undor Liberty street ami the neighborhood for twonty feet down consists of red sand, which Hows almost like water. In digging tho excavation for tbo foundation of tho Singer building tho Hand was kept from caving by moanH of a wall of heavy planks, sot on end and shoved up from tho opon side. These planks aro about sixtoon feot long. The cave in appears to hare been caused bv excavation below the lower onds of tho boards.

and a failure to stay them properly at tho bottom. Tho sand, which was damp from leakey sowers, pushed down and out undor tho bottom of tho plank wall. When onoo started it caved in all at once. Tho pavement for a distance of sixty feet along and half way acrosH Liberty street, went down with it. and tho sewer, water and gas mains and other subway works were twistod together and broken.

A large pile of heavy timbers that wan lying along the side of the street just above tho cavo in went down into the hole, which could accommodate a small house, and probably helped cause it by its weight. Notice was sr nt in to the department of public works and a force of men in brown suits was hurried to the place at onco. Tho water in the main, which was rushing out into tho hole made by tho eave in and had already covered the bottom of the excavation for tho building, was shut off. Liberty street at Broad way and at the rear of tho excavation was closed by tbo police. Thoro is still some danger of a further cave in under Liberty stieet along the remaining half of the Liberty street side of the excavation.

Big cracks in the block pavement radiating from the bole already le 1 1 it indicate that tho sand underneath has settled somewhit. HOUSE OF COMMO' 'S ATJOURNS. London, Juno 4 Tho House of Commons adjourned until June 17 to day, alter tho workmen cor been passed 'iurios bill had "tago. Doscribi Troops Down Mne Men at Orbana, Ohio. TWO 9F THE MOB DEAD.

A Negro Criminal Sought by the Crowd, Ho wever, Is Afterward Taken From the Jail and Strung Up to a Tree The Mob Surrounds the Lookup All Night and at 2:30 A. M. Is Repulsed.by Volleys From the Militia After the Retirement of the Troops the Lynchers Accomplish Their Purpose Urbana, June 4 Two men were killed ana seven wounded by a volley fired by the local militia at 2:30 o'clock this morning, while the latter were attempting to guard the Jail in which Charles Mitchell, a notorious negro, who had assaulted Mrs. Eliza Gaumer, was confined. The mob had surrounded the jail all night and at 2:30 o'clock made an attack, which resulted in the death of two men and the probably fatal wounding of a third.

After daylight this morning the militia retired and were replaced by a company from Springfield. The latter organization was ordered by the mayor to leave, which they did, and immediately afterward the Jail was broken into and Mitchell was dragged out and hanged to a tree in the Jail yard. The list of dead and wounded as a result of the firing by the militia is as follows: Killed: Harry Bell, shot through the bead. Hagin, shot through the body. Wounded Dr.

Charles Thompson of North Lewisburg, ot in the head. "West Bowen of Cable, shot in the hip. Ray Dickerson, shot in the shoulder. Dennis Graney, shot in the leg below the knee. Zack Wank, shot in the arm.

Sherman S. Deaton, shot in the hip. Ray McClure, shot in the arm. It has been a night of terror and a morning cf tragedy in this city. Ever since the arrest of Mitchell and the sensational scene when his victim identified him, the feeling agains the prisoner has been growing more intense.

The grand jury was impaneled yesterday and Mitchell was indicted for criminal as sault. Then the crodw was thrown off the trail by bringing Mkchell into court in a soldier's uniform. Mitchell was scared, pleading guilty, and was sentenced to the limit of twenty years. The trial lasted only a few moments and Mitchell wanted to get to the penitentiary at Columbus quickly, but when the carriage drove up to the jail the crowd rushed In to get Mitchell and lynch him. Another crowd surrounded the depot.

The local militia, fifty five men, were ordered to the jail to protect the prisoner. The sheriff was foiled in his plan to get Mitchell out of Jail and on the Columbus train. The streets here were thronged all night and yells were heard at the jail. Finally, at 2:30 this morning, came an attack on the Jail. When the shooting occurred a crowd of a thousand people stood congregated around the Jail.

The crowd was more boisterous than at any time since the prisoner had been confined in the jail. The crowd was howling for the prisoner. It had crowded into the jail yard. Captain George W. Leonard, in command of the militia, addressed the crowd and gave them three minutes to disperse.

There was a general rush from the jail yard, but the crowd again returned. Fully half an hour had elapsed from the time the order was given, when the roaring of musketry was heard, volley after volley was ffred, until as many as twenty rounds had been fired into the crowd. There was a general panic for a while and the dead and wounded were carried in every direction in search of doctors' offices. Dr. Robert Henderson, Dr.

H. M. Pearce, Dr. J. C.

Burcher and Dr. Havens were called into service and their offices looked like regular hospitals. The sheriff instantly wired the governor for more troops, sending the message to him at Woostor, 0., and as quickly an order was sent to the Springfield guard to report at once to Sheriff McLain. The order was obeyed. Promptly at 7:10 the Springfield company was in Urbana.

The revulsion of feeling against the troops was so great that on all sides the new addition to the force was greeted with jeers and hooting and the soldiers soon began to be pelted with mud. The company, thirty six strong, under Captain Bradbury, marched uptown to the jail, whore they found 2,000 people surrounding the Jail. The company marched into the Jail yard, and were met by M. Lewis, who said to Captain Bradbury: "We don't want you now." "Wlho are you." "I am the deputy sheriff," replied Lewis. "There is the sheriff over there," pointing to Mayor Ganson, who at that particular moment came forward from the crowd on the court house steps and proceeded to address the militia and tho crowd.

The mayor assured the militia that their services were not wanted, tfaat the people were law abiding and would assist him in preserving order, that the company could leave the court house yard and when their services were needed he would send for them. The Springfield Company, without waiting tor further orders, marched down the street to the depot, without as much as Uho sheriff seeing them. The looal military company had previously refused to servo longer and went to the second story of the sheriff's residence and tried to sleep. With no resist ence offered the crowd at onco made a rush for the side door. Two strong and determined men kicked it down in short order and gained admission to the jail, the crowd following.

Thero were plenty of sledge hammers, chisels and other tools in the crowd and tho men went to work. Part of the crowd had previously forced themselves upstairs Into the private apartments of the sheriff and after looking about, found a bunch of keys which had been hidden away and which proved to bo the keys to the jail. The crowd got Into the jail In short order. They did not wait to unlock the door to Mitchell's cell, but burst the lock with a sledgo hammer and the door soon flew open. Mitchell was standing in his cell.

He offered no resistance and did not utter a word. Someone in tho crowd had a rope and It was placed over the man's neck and tho crowd made for the door, Mitchell following at tho end. In going down tho steps on the outside of tho jail, Mitcheil fell down and tho rope slipped off his neck. The crowd surrounded him and jumped on him. The negro vas, kicked, beaten and almost killed then and there.

The rope was quickly slipped over his head Gen" ln IS ttslon Fea and Buckwheat Oonl at Kr.wiil IiOcauLiH'BNevius Is Douglass std. Adv. In His Plan to Beorganize Brooklyn Corporation. ACTION OF STOCKHOLDER ERB. He Petitions to Join With the Central Trust Compcny in Order to Depose Uhlmann or to Obtain a Second Receiver Ex Judge Dittenhoefer's Bitter Allegations President Olcott of the Trust Company and Receiver Uhlmann Deny the Charges General Wingate Says 90 Per Cent, of the Railroad's Owners Are in Favor of Uhl mann's Plans.

On behalf of Newman Erb this morning Justice Van AVyck, in supreme court, special term, heard a motion that he should be allowed to come in and defend with other minority stockholders in the suit of the Central Trust Company cf Now York City, as trustee, against tho Brooklyn Elevated Railroad Company, to foreclose certain mortgages. Ex Judge Dittenhoefer of New York appeared for Mr. Erb, Lawyer Joline for the Central Trust Company and General Wingate and Edward Lauterbach for the defendant corporation. The chief points raise by Mr. Erb's counsel arc that t'oo plaintiff undertakes to foreclose and sell proporty of raiiroad companies which aro not defendants to the action; that a syndic no was formed to buy up the stock at half price of such stockholders as declined to pay an assessment of 10 per cent, on the new organization scheme and that the plan was formed as a result of a conspiracy to freeze out the stockholders.

Ex Judge DitteiAioefer, in speaking for the motion, said that he appeared for Newman Erb, who owned 1,300 shares of the Brooklyn Elevated Railroad stock and desired to come in as a defendant with the Central Trust Company, as trustee, agains: the Brooklyn Elevated Railroad Company to foreclose two mortgages by the Brooklyn Elevated and two on the Union Elevated and to sell the property of the Seaside Elevated Railroad Company. "You are entirely mistaken," said Mr. Jo line, for the Central Trust Company. "Is tho Brooklyn Elevated road not the only defendant?" Is that a mistake?" said Judge Dittenhoefer. "This plaintiff seeks to sell the property of tho Seaside road, which la not a defendant In this suit.

The plaintiff does not allege default In interest or in principal. It alleges that all the interest has been paid. The only default is that payments to a certain sinking fund were not made by the defendant and that taxes were not paid." Continuing, ex Judgo Dittenhoefer recited the various processes by which the Brooklyn Elevated, the Union and tho Seaside Railroad companies had become related and then said; "The man who was president of the defendant road, who controlled all the affairs of the associated roads and a largo majority of tha bondholders of the three companies, and who was, with them, naturally against the stockholders, was appointed receiver in this action to foreclose the mortgage. It was hia scheme to close out the stockholders and to effect a reorganization, and it was he who came la and deposed that there was no defense to tla" action and cut us off. Acting in collusion with this Poo Bah trustee, and a large creditor, he attempted to freeze out the stockholders when they had nothing to say.

"Tb.s kind of thing is what Is hurting our country more than anything else and ruining American stock in the markets of the civilized world. Then they talk about bad times. What causes thvm is the wrecking of railroads and rascally corporate management. A man goes to bed thinking he owns half a million of bonds and awakes to find millions of receiver's certificates in their stead. "Without giving the minority stockholders a chance to be heard this suit In foreclosure was begun and this scheme of reorganization planned.

The stockholders are asked to come in on payment of 10 per cent, for stock in the new company with a bonded debt larger than that by which the old company was wrecked. This charge is excessive and intended to be i prohibitory. It is part of a scheme of Uhlmann and his associates to control this company, to i freezs out absolutely the minority stockhold I ers and obtain possession of the property. Why was not the price fixed at half of 10 per which would have been amply sufficient Ex Judge Dittenhoefer insisted that he had made a case for the interposition of the court ami asked that his client intervene, that the plaintiff be removed as trustee, that the receiver be removed anil a new receiver be appointed or that a co receiver be appointed and for such other relief as misht be proper. (Jencral Wingate In reply read the affidavit of Frederick I'.

Olcott. president of the Central Trust Company, who denied that tho complaint alleged that Frederick Uhlmann bad formed a combination to bid in and reorganize the old railroad company and said he had no knowk of any scheme to control the Brooklyn Elevated Railroad or that Uhlmann and his associates havo controlled or do control the board of directors. He deposed that the report annexed to Erb's petition contained tho full statement of the financial condition of tho Brooklyn Elevated. He denied that the directors of the Brooklyn Elevated ever conspired with the plaintiff for any purpose whatever. The holders of a large amount of the bonds had assented to the plan and agreement of reorganization a8 follows Brooklyn first mortgage bonds.

out of $3, Brooklyn second mortgage bonds, $1,210,000 out of SI Union first mortgage bonds. Sf, 721 out of SR. l.r0, 000; Union second mortgage income bonds, 457.20 out of Seaside bonds, $1,333, 000 out of tii.i"2Vi shares out of 132,830 shares of stock have aiso assented to tho plan. Mr. Olcott's deposition further denied that tho appointment 0 fUlilmann as receiver was the result of any collusion, the persons most largely Interested in tho property having desired his appointment.

It was not Intended that stockholders should not have an opportunity to participate in tho reorganization and denied that an assessment had been made of an exorbitant sum. He denied that the plaintiff has participated in any fraud or wrong, whatever, and he made particular denial of the other allegations of the plaintiff. Frederick Uhlmann deposed that there has boon practically no opposition since 1S92 by the stockholders to the course which tha directors had adopted. He justified tho various transactions between the Brooklyn, Union and Seaside companies, and says that At the financial situation of last year had Improved they might have prevented tho mortgages from going to foreclosure: that the reorganization plan was not. connected with this suit.

No one was compelled to come into It and those who thought the assessments were excessive could form a reorganization scheme of their own. The present scheme of reorganization, he said, was strictly Just. The petitioner fails, the deposition says, to allude to the fact that of the additional stock and bonds to be Issued. Sl.OOO.OoO of tho bonds is to be used to enable defendant's cars to cross the bridge. Oeneral Wingate added that instead of schetno of a few persons to wreck the property fully per cent, of the persons had come into the scheme.

"flow about the stockholders?" asked ex Dlttenhoofer. "Of tho $102,000," said General Wingate, represented by stockholders have consented. "Ah. that's what I wanted to know. I couldn't find out anything." said Mr.

Dittenhoefer. The hearing was adjourned to this afternoon. When Geuerai Wingate concluded his answer. BrooKlyn Ilasr Hull Club. Half pagpicture in next Sunday's Eagla, EX FIREMEN WILL BE PAID.

Decision Taken in Regard to Men Illegally Appointed. The mayor, controller and auditor have decided that the twenty eight firemen who were illegally appointed last year but who have since been serving, shall be paid $527.20 each. These men claimed payment up to June 1, but the authorities held that they should be paid up to the time the Brennan bill, under which this settlement is paid, became a law, May 18. They have been dismissed, and the commissioner will fill the vacancies by temporary appointments from the eligible list, the civil service commissioner having advised that course. The commissioner will make a dozen additional appointments from the list.

All of these appointments will hold good pending an examination for fitness. NEW CIVIL SERVICE RULES. Stite Commission Has Them Ready for Black's Perusal Not Made Public Yet. Albany, N. June 4 The civil service commissioners announce to day that they have completed the revision of the civil service rules to make them accord with the new law and the revised rules will be presented to th governor to day for his consideration.

The details of the rules will not be made public until after the governor takes action on rhem. It is expected that the governor will dispose of the matter at an early date, because no appointments under the supervision of the civil service commission can be made until the new rules are put in operation. No reclassification of the posiclons under civil service has been made by the commission, as the new law does not provide for one. Under the new law the existing eligible lists have been retained on the merit plan by dividing the percentages of each person on the lists by two, so, if a candidate originally had 90 per cent, he "will now have 46 per cent. The new law provides that biit 50 per cent, of a candidate's marking shalfl bo devoted to his examination for merit.

It is believed that the governor will sanction the rules adopted by the commission without any material change, as Ms legal adviser, Professor Lincoln, sat with the commissioners during their revision and made the suggestions as to the proper interpretation of the law in the framing of the rules. PHYSICIANS CHOOSE OFFICERS. Last Day's Session of the American Medical Association. Philadelphia, June 4 The fourth and last day's session of the congress and semi centennial of the American Medical Association began this morning with the reading of a paper on state medicine by Dr. John B.

Hamilton of Illinois. Tho following officers were then elected: Dr. George M. Sternberg, Washington, president; Dr. J.

M. Matthews, Kentucky, first vice president; Dr. W. H. Thompson, Indianapolis, second vice president; Dr.

F. H. Wiggins, New York, third vice president; Dr. T. J.

Happel, Tennessee, fourth vice president; Dr. Henry P. Nowman, Illinois, treasurer; Dr. William B. Atkinson, Philadelphia, secretary; Dr.

W. A. Jayne, Colorado, assistant secretary; Dr. George Wdbster, Illinois, librarian; Dr. J.

W. Graham, Denver, chairman of the committee on arrangements. Denver was selected as the next place or meeting. REBELS LED BY A WOMAN. A Company of Philippine Islanders Under the Command oi the Widow of Dr.

Rizal. Tacoma, June 4 News has been received here via Hong Kong that the beautiful widow of Dr. Rizal is now commanding a company of Philippine Island rebels armed with rifles, making her headquarters at Naic, Cavite Province. Last month definite information was received that she and her company were in Cavite, awaiting the expected activities on the Spanish troops In that section. The Spanish minister at Toklo received telegrams May 10 stating that the Spanish had Just won three victories In Cavite Province, inflicting heavy losses on the rebels.

Mrs. Rizal was a stepdaughter of a retired Honk Kong man who went to Manila for his health. There his daughter met Dr. Rizal and married against her parents' wishes. When her husband was captured and shot Mrs.

Rizal determined to devote her life to the cause he had espoused and as soon as her preparations could be made she took the field. GRADUATES AT ANNAPOLIS. Naval Cadets Receive Diplomas From Secretary Long. Annapolis June 4 Many persons were present at the naval academy this morning to witness the final exercises incident to the graduation of the class of '97. The battalion marched to the chapel at 10:30 o'clock, where an address was delivered by President Wilkes of the Board of Visitors, who gave some excellent advice to the graduates.

After the chapel ceremonies the crowd moved to the band stand where the dlplomaB were delivered by Secretary Long, Governor Lowndes, Adjutant General Wilmer and many others were present. RINDERPEST UNCHECKED. Cape Town, June 4 In tho Legislative Ab BOmply to day tho secretary for agriculturo. Mr. P.

n. Fauro, announced that the shooting of cattle had been stopped, as being a useless attempt to maintain a clean belt. He ndtlod that it was impossible to prevent the rinderpest from reaching Capo Colony. Cleveland in 14 Houn and 15 minutes by tho Now York Central. Leave Grand Control station P.

arrive Cleveland 7:16, Toledo 10:05 next morning, Chicago 4:00 P. if. Adv..