Newspaper Page Text
Mrs. Joseph Barnaby of Rhode
Island Foully Murdered.
▲ FLASK OP LIQUOR FROM "FRIENDS
IN THE WOODS."
"Employes of the Detroit Coke Works
Go Out on a Strike and Got Belllff
erent—A Fusillade of Bricks and
Stones—New Orleans Grand Jury
Special to the Sunday Union.
Denver, April 25.—An atrocious crime
came to light here to-day.
A lew months ago Mrs. Joseph Barna
by, widow ot the Rhode Island million
aire, took a trip to California for her
health, being accompanied by Mrs. G. S.
Warrel, wife of a prominent Denver real
On their return a short time ago, Mrs.
Barnaby found a package postmarked
Boston, which had arrived during her
absence. It contained a small tlask of
whisky, with the inscription: "Accept
this tine old whisky. From your friends
in the woods." A few days later, return
ing from a drive, both ladies being
thoroughly chilled through, they drank
some of the liquid. They were taken ill
immediately after, and Mrs. Barnaby has
died, and Mrs. Warrel is still in a critical
A chemical analysis showed that there
was a large amount of arsenic iv the
There is no clue whatever to the per
petrators of this awful crime.
Detroit Cars Running Again—Qulot ln
the Coko Regions.
Scottdale (Perm.), April 25.—The con
dition of the coke regions to-day is one of
quietness. No evictions have taken
place, but some may take place at Leisen
ring this afternoon. No trouble is antici
street cars running.
Detroit, April 25.—Nearly all the
street-car lines of the city were iv opera
tion by noon to-day. The Board of Or
ganization met this evening aud perfected
Knoxville (Term.), April 25.—The
coal miners in this section, to the number
of 7,500. have decided not to strike May
Ist. They have signed a scale for the
Trinidad, (C 01.,) April2s.—The strikes
of the Union Pacilie employes was de
clared off this morning on the promise of
the management to adjust matters with a
properly constituted committee.
MORE TROUBLE AT DETROIT.
Detroit, (Mich.,) April 25.—The em
ployes of the Michigan Car Works to the
number of 2,500 struck this afternoon for
nine hour's work. As they passed out of
the works _ volley of stones was thrown
by thomaud neariy every window in the
building was broken. The strikers then
proceeded to the works of the Detroit
Steel Spring Company and called on the
in. nto strike. The special police of that
concern, however, drove the^strikers out,
whereupon they hurled a shower of bricks
and stones through the windows, injur
ing one man and Irighteniug the others
away. The police arrived at this junc
ture and the strikers dispersed. The car
company insists that this trouble was
engendered by the young men, who were
encouraged thereto oy the success of the
street car men.
'MACK, TIIE HIPPER."
Inspector Byrnes Says He lias Him
New York, April 25.—Two men are
under arrest, in connection with the mur
der of Carrie Brown, in a hotel Thursday
night. A pair of trousers, supposed to
belong to either •'Frenchy" or the other
man arrested, was brought to the station
this morning. The spots bu them may
tv- blood stains. They answer the de
scription of the trousers worn by the
-woman-slayer, and were found iv the
Bowery Lodging-house, where they had
been left yesterday morning. The man
who left them is known to have fre
quented the East-river Hotel, where the
The Deputy Coroner concluded the au
topsy on the remains of the woman who ■
was murdered by "Jack, the Kipper" this
The only footot importance was the dis
eloeurethat the mutilation was evidently
made while the woman was still alive
and it waa apparent that the struggles of
the poor wretch prevented the butcher
from fully completing what he originally
intended—the removal of certain organs.
Inspector Byrnes to-night made a state
ment to the reporters to the eflfeet that
while the police had not yet arrested the
murderer, they know who he is and hope
tt> have him in custody before long. Tne
murderer is a cousin of French, or Fran
cois Algra, the Algerian who was arrested
last night. He is known as "Froiu-hv."
He spent Wednesday night with the
murdered woman, and staid at the hotel
on the night his cousin perpetrated the
i»wi. ri ble crime.
A Fast Truck and Some Good Sprlnt
Mkmimiis April -s.—This was closing
day of the .Memphis Jockey Club races.
The track was fast.
First ra. c, five furlongs— (Jray Goose
-v\..n. Frank Kinney second, Lena Frey
third. Time UM.
Beoond race, six furlongs—Justice won,
T. J. Rusk second, Ivanhoe third. Time
rhird race, mile and an eighth; Mont
gomery stakes of jl,<moadded—Riley won.
Vallera se.oiid, Fayette third. Time 1:57
Fourth rare, three-year-olds, six fur
longs—Linlithgow won, Philora second,
Tluiberland third. Time 1:17.;.
Fifth race, three-year-olds, six fur
long- Chimes won, Ha/.0l Hurst second,
Set F>am third. Time 1:18$.
Sixth rate, live furlongs—Miss Mary
Won, Bob Jacobs second, Midget third.
WAIIOO'S E\< IT KM EXT.
Elopement, Murder ami Lynchlnjr, and
All "Hill 111 mm.
Waiioo (Neb.), April 25.—Intense ex
citement exists here over the attempted
elopement resulting in an effort to ootn
mit murder, followed by an active session
of Judge Lynch, and concluding with the
arrest of prominent citizens for mob
Mrs. Frank Burgess, wife of a stock
man, had, it la asserted, beoome intaui
ated with g. E. Freeman, an Implement
man, and, securing a large sum oilier hus
band'a money, is alleged to have started
for the depot to meet Freeman and then
to leave the city. The couple were over
taken, and the wife returned to her home.
In the evening Freeman is said to have
secretly eutereU the stockman's house,
THE SUNDAY UNION.
and when supper was served Burgess
was taken violently ill from the effects of
Supposing him to be dying, and that
treenian administered the drug, a mob
gathered and secured the implement
man at the muzzles of revolvers. Prep
arations were made to hang Freeman,
but the husband recovered, and begged
that the man be not killed.
Ten citizens who were in tho mob were
subsequently arrested for attempt to
Grlffln Was Winning.
Boston, April 25.—The fight between
Ike Weir and Johnny Griffin for the
feather-weight championship of America
and a purse of $1,000 was stopped in the
fourth round by the police early this
morning, Griflin undoubtedly having the
best of it at the time. An attempt was
made to resume the tight at Cohasset, but
the police again interfered and stopped it.
New Orleans Grand Jury.
New Orleans, April 25.—The Grand
Jury has returned indictments for at
tempted jury bribing against Fernand
Armand, attorney for Charles Partornee,
one of the eight prisoners who escaped
massacre in jail; and against Charles
Granger, who is said to be in the employ
of tho Louisiana Stato Lottery Company.
Series of Accidents.
Minneapolis, April 25.—A special to
the Tribune from Winnipeg says: Tho
regular Canadian Pacific train from the
Pacific Coast did not arrive here to-day,
and the officials say it will not be here
to-morrow either. There were a number
of accidents in the mountains, and it is
also said that there has been a big land
slide. Nothing definite cau be learned.
Senator Reagan Resigns.
St. Louis, April 25.—A special from
Waco, Texas, says: A letter received to
day from Senator John EL Reagan, dated
Palestine, Texas, to Senator Coke, who
resides here, says: "I have been induced
to accept a position on the Texas Railroad
Commission, and liave notified Governor
Hogg of my resignation as Senator."
Is it Murder i
Kansas City, April 25.—A boy playing
in a creek at Fifteenth stroet to-day found
two gunny-sacks in the mud, each con
taining a mutilated human body. It was
thought they were subjects of medical
students but the Coroner -professes the
belief that they are bodies of murdered
Indianapolis, April 25.—Mrs. Maria
A. Norton, of San Diego, CaL, died here
yesterday under peculiar circumstances
at tho home of her sou, whom she was
visiting. The deceased was accustomed
to taking laudanum for neuralgia, aud it
is thought she took an overdose.
Mambrino King Retired.
Buffalo, April 25.—C. J. Hamlin, the
veteran breeder, has retired the famous
stallion Mambrino King from the course.
Mambrino King has been for years con
sidered the handsomest stallion in the
Fallinjr Into Line.
Columbus (O.), April 25.—80 th Houses
of the Ohio Legislature have agreed to a
conference report ou the Australian bal
lot bill and it will become a law.
Louisville, April 25.—William lorry.
the fifth victim of those poisoned at the
wedding feast, died shortly after noon to
POSSIBILITY* OF A WESTERN MAN
Various Candidates in tho Field Al
ready — The Washington
"Star "Says Estee.
(Special to the Sunday Union.]
Washington, April 25.—The forth
coming resignation of Secretary Proctor,
for it is regarded as certain that he will
succeed Edmunds in the Senate, will give
the Republican politicians of the extreme
West and Northwest the opportunity
they have apparently been anxious to se
cure^ —an opportunity to press their claim
for direct representation (in the Cabinet.
They say that New England ought to be
more than satisfied with the State De
partment, and should not demand two
seats at the Presidential table, especially
when the great Northwest has to stand
outside and gets its political prominence
through vicarious and sometimes un
Among the many men being discussed
is ex-Senator Hill of Colorado.
Senator Manderson of Nebraska has
been suggested as available, and it is
almost certain that he would sever his
Senatorial connection for a Cabinet posi
tion. The Nebraskan is thought to be
one of tlie most thoroughly qualified pos
sibilities. He was a soldier, is a member
of the Senate Cum mittee on Military
Affairs, and takes a deep interest in army
Ex-Senator Pierces name comes up
frequently. He, too, was a soldier, and
has qualifications which would fit him
for the place, which Secretary Proctor
now fills so thoroughly.
The Slat says to-night: "The late de
feat of Estee in the California Senatorial
fight has resulted in bringing that gentle
man to the front to occupy the Secre
tary's moccasins, and should the Presi
dent look elsewhere than in tho East for
a Secretary of War, Estee's chauces are
not to be sneered at."
MACKAY AND BONYNGE.
The Later Advertises for Certain Ma
Nrw York, April 25.—A Sun London
special says: The Maekay-Bonynge feud
goes on as merrily as ever. Yesterday
Bonynge had two advertisements in
newspapers. The first oflered a $100 re
ward for the apprehension of "an evil
disposed and malicious person who
has caoaed a certain detective to in
vade the private apartments of Captain
Honorable Randolph Stewart for the pur
pose of bribing the Captain's servants to
allow a search of waste-paper baskets and
dust bins for scraps of correspondence
between their master and Bonynge."
In th<' other advertisement, Bonynge
offers $5,099 reward for information lead
ing to the arrest and conviction of "Some
wicked, malicious and evil disposed per
son who has for several years past in
stigated, paid for and caused to be pub
in America, and given gratui
tous circulation in England and the
continent generally and even in Egypt,
of thousands of copies of various
papers and pamphlets containing un
title, gross and malicious libels against a
lamily at present residing in London."
A Different Story.
Nrw YoiiK. April 2""..—The Worlds
London Special says: The interesting
event in the Navarro family concerning
which premature reports have been pub
lished in America, is not expected to
take place for five months yet. Mrs.
Navarro (Mary Anderson) is looking in
excellent health aud ia haudsomer than
SACRAMENTO, CAL., SUNDAY MORNING, APRIL 26, 1891.
Lamentations Over the Death of
Count Yon Moltke.
THE COUNT DIED IN THE ARMS OP
In His Will Ho Asks That His Funeral
be Unostentatious—His Death "Was
Wholly Unexpected, and He Was
Looking Well Just Before Disso
Special to the Sunday Union.
Berlin, April 25.—1n his will, Count
Yon Moltke, who died yesterday after
noon, states that he desired the burial to
take place at Creisau, where his wife and
child are buried. The funeral, if the
Count's requests are followed, will bo
strictly private, but it is thought possible
tho Emperor will override the dead
soldier's wishes and that the funeral will
be made the occasion for a grand military
display. All the officers of the General's
stall* were informed of his death and
assembled at the house before daylight.
The Count's death was not generally
known until the fact was published in
special editions of the morning papers.
It caused deep and universal sorrow.
The Emperor, on account of the death
of Count Yon Moltke, will return to Ber
lin this afternoon. The Empress visited
the death chamber this morning and laid
a magnificent wreath of roses upon the
bed upon which the great General rested.
The Empress spent a quarter of an hour
trying to console the family.
Splendid floral offerings are arriving
at the residence from all parts of Ger
many. Great crowds of people, respect
ful and sympathetic, surrounded the
Count's residence and thronged the
streets. Many streets and leading thor
oughfares are closed and the city through
out is commencing to display the em
blems of mourning.
In the lower house ofthe Prussian Diet
to-day the President of that body, iv an
nouncing Yon Moltke's death to the
Representatives, said the high value of
the Count's services to the Fatherland
would cause universal sorrow and
mourning throughout Germany. In the
upper house a laurel wreath, entwined
with black and white sitin ribbons, hung
over the Count Yon Moltke's seat. The
President read a letter from Major
Moltke announcing the Count's death
and then he delivered an address extoll
ing the merits and services of the dead
soldier as a member of the upper house.
Both houses adjourned until Monday
Late last night the Emperor telegraphed
his sympathetic condolences to Yon
Moltke's family, saying the Field Mar
shal's death was a greater loss to Ger
many than the loss of an army corps
would have been.
The Emperor has summoned all the
Princes and the crowned heads ofthe dif
ferent German States to attend the funeral,
whicli will take place Thursday next, aud
which will be attended by imposing n|il
itary ceremonies. Tho body will be es
corted in state from Yon Moltke's resi
dence to the railroad station, whence it
will be taken to Creisau tor interment.
The ceremonies at Creisau will be quiet
and without display, iv accordance with
the late Count's wish. A handsome oak
coffin was taken to the official residence
of tho dead Field Marshal this afternoon.
The remains will lie in state in the apart
ment in which the Count died until
Thursday morning, The coffin will be
surrounded with battle-ilags, and be in
charge of a guard of honor until it is
finally placed in tho family vault at Crei-
In the courso of the morning, by the
Emperor's orders, the imperial standard
was conveyed from the Palace to the
room in which the great soldier will lie in
state. This was done as a special mark of
the Emperor's favor, and as showing how
deeply he feels the loss.
This afternoon Lessing, the sudptor,
took a plaster cast ofthe dead FieU; Mar
Details regarding the Count disclose
the fact that during the last few days he
worked with wonted regularity. He had
no premonition of death. He had nearly
completed the plans for the fortification
of Heligoland, and had sent a report to
Emperor William on Tuesday last. The
work that passed out of his hands showed
no trace of any abatement in his con
structive genius and mastery of detail.
He walked to his home yesterday after he
had finished his labors in the Reichstag.
He dined with the Swedish Minister, and
during the evening was very animated.
Later, while playing his evening game
of whist at home, he was attacked with a
slight asthmatic spasm, and rose from the
table and left the room.
It was supposed by the others present
that he would return in a short time, but
as he did not come back, his nephew
went after him.
Major Moltke found his uncle in a sit
ting position gasping for breath. On
seeing his nephew, the Count attempted
to rise and for a moment appeared to have
mastered his weakness. He got up and
then fell in his nephew's arms, seeming
In a few moments he breathed his last.
A doctor was hurriedly summoned, but
when he arrived he declared life extinct.
The cause of death was lesion of the
heart. He was not known to sutler from
any pronounced cardiac trouble. The
clock-work of life was simply run down.
Friends of the dead General who were
permitted to see the remains to-day say
the features bore the placidity of a deep
sleep. The Emperor, accompanied by
the Empress, visited the mortuary cham
ber and looked on the face of the dead.
Both were deeply affected.
The speech made by Herr Yon Vevet
zew, President of the Reichstag, an
nouncing the death of Yon Moltke,
deeply impressed the House. All the
members rose to their feet when tho an
nouncement was made and remained
During part of the day on which the
funeral will be held there will be a gen
eral suspension of business in Berlin and
other leading cities of the empire. The
Emperor has given directions that tho
Royal theater be closed, and doubtless it
will be decided to close the other theaters
in the city as a mark of respect. All the
papers join in eulogizing Moltke.
The Reign of Balmaeeda One of Tyran
ny and Insults.
Lisron, April 25.—Telegrams from
Santiago, Chile, say nobody except sup
porters ofthe Dictator are safe from in
sult and imprisonment; that the ladies of
tho highest lamilies are seized and
thrown into foul prisons and treated
vilely; that during the elections the sol
diers indulged in robberies and outrages
upon voters supposed to favor tho Parlia
mentary party; that only Balmaeeda's
nominees were elected; that Vicini, his
nominee for the Presidency, received
*-i 94 ofthe 290 votes ofthe convention, and
all letters and telegrams are submitted to
Madrid, April 25.—1t is reaffirmed
here that the insurgent Chilean ironclad
Blanco Encalada has been sunk as the
result of the attack made upon her by
torpedoes, and that the loss of the war
vessel was attended with a great loss of
It May Lead to Rather Serious Com
Constantinoplk, April 25.—Tho note
of the Russian Embassador Nelidoff, in
regard to the detention by the Ottoman
authorities April 13th, in the Dardanelles,
of a steamship belonging to the Russian
volunteer fleet, which vessel was being
used under the mercantile flag as a trans
port for military workmen, caused great
alarm in Turkish official circles.
The Russian Embassador doclared the
Embassy would henceforth be compelled
to take independent measures to assure
the unimpeded passage of Russian mer
chant vessels through the Dardanelles.
The Porte, in replying to Nelidoff, said
should the Russian Embassador's de
claration be carried out, other Powers
might feel called upon to take the matter
into consideration. Diplomatic circles
throughout Constantinople are much ex
cited over the event, which, it is thought,
may lead to further and more serious
Madrid, April 25.—The Minister of
Finances announced in the Deputies a
budget deficit of 18,918,000 pesetas. The
Minister introduced a bill authorizing
the Bank of Spain to increase its issue of
notes on the basis of three times tho
amount of gold and silver held in reserve.
The banks will lend the treasury 150,
--000,000 pesetas. Another bill was also
announced, authorizing the Government
to issue internal revenue bonds, redeem
able in thirty years, to the nominal
amount of 250,000,000 pesetas, the money
thus secured to be devoted to the repay
ment ofthe floating debt.
We Are Growing.
Washington, April 25.—A bulletin on
the density of distribution ot population
issued by the Census Office, shows that
during the last decade the per cent, of in
crease of settled area was 24.06, while the
increase in population ofthe country was
24.80. Three hundred and seventy-seven
thousand, seven hundred and lifteen
square miles have boon redeemed during
tho last ten years, exceeding by 80,384
square miles the area sealed in the previ
SECRETARY NOBLE RENDERS AN
Tho Repeal of the Timber Culture Act
Special to the Sunday Union.
Washington, April 25. — Secretary
Noble to-day communicated to Commis
sioner Carter his views as to tho proper
construction to be placed upon the provi
sion in Section 7 in the repealed Timber
The opinion is of great importance to
public laud States, inasmuch as it deter
mines tho question as to what point of
time the words, "When there shall be no
pending contest or protest against the
validity of such entry," apply—whether
a contest or protest to prevent the issu
ance of a patent, until disposed of, must
have been pending before the lapse of two
years from date of issuance of the Re
ceiver's receipt, upon final entry in the
cases existing, and where two years had
elapsed before the Act of March 3d took
effect, as well as m those afterwards.
Many thousand homesteads, desert land,
pre-emption and timber culture entries
are involved in the opinion.
The Secretary says in part: "If the
statute of March 3d were to be construed
to invalidate all contests or protests not
liled within two years after the date of
final receipt and before this statute took
effect, the result would be that many
thousands of fraudulent claims would go
to patent, without further question being
possible, although contests or protests
wero legally pending at the date of the
Act, ana with great loss to many citizens.
A contest is a statutory means bf acquir
ing a homestead or other claim against
an illegal entry and is thus rewarded, if
successful, to preserve the Dublic domain
for honest settlers. To so construe the
present, Act as to annul, aud as it were,
wipe out all those contests and protests
existing before March 3d, 1801, not filed
within two years from the issuance ofthe
final certificate, would amount substan
tially to a repeal pro tanto of the statute
of May 14, 1880. But that statute cannot
be legally held to be repealed by the im
plication, and, least of all where it would
allow patents to issue in so many cases
where tho experience ot the Department
leaves no reason to doubt that fraud has
been practiced upon the laws regulating
land entries, and which can be proven if
the contests and protests are allowed to
proceed to a hearing.
"If it had been the purpose of Congress
to provide that a contest or protest must
be pending within two years after the
receiver's receipt upon the final entry in
all cases before tho statute of March 3,
185)1, as well as after, it certainly would
not have used so ambiguous a term as we
here find. The makers of this law were
well acquainted with the situation of af
fairs. The land laws have been the sub
ject of groat discussion for many years,
in and out of Congress; the committees
on public lands are distinguished for
their industry and intelligence, and they
were fully aware of all ofthe facts slated.
Had they desired to accomplish the pur
pose claimed by some, that this Act does
accomplish, as it reads, they should aud
doubtless would have used language too
plain and direct to require construction.
On the contrary, they use the present
participle in this clause and say: 'When
there shall bo pending contest 6r protest,'
meaning thereby, clearly I think, pend
ing there presently at the date of the
Act, as it was not intended to be
limited to contests pending within
two [years after tho date of final receipt,
when a case had arisen before the present
Act took efl'ect and two years had^elapsed.
"Tha statute thus becomes one' of lim
itation as to future, without overthrow
ing pending contests or protests. When
the two years did not terminate before
tho date of tho Act, the contest or protest,
to bo valid, must be filed within'tho two
years. There is no force I think in tho
point that the statute enumerates cases
arising under the timber culture or pre
emption laws, for these laws, although
repealed by the present Act, have been
efficacious to inaugurate entries which
either proceeded to final entry or may yet
do so. No new cases can rise under tho
timbor culture or pre-emption laws, but
it was necessary that this Act should no
tice them to cover the whole ground.
Neither does the proposition seem a
sound one that by this statute it was in
tended to expedite public business. Tho
way Congress must expect to have pat
ents issued is by furnishing sufficient
clerical force to accomplish the work,
and not by suddenly rushing great
masses of cases to patont, although con
tests legally instituted are pending, and
in which experience leaves no reason to
doubt that fraud exists, To thus reward
fraud and squander public lands could
not have been the purpose of our Na
tional Legislature. These are my views
upon the law presented, and all the points
I deem it necessary to discuss."
The Coming Legal Tilt Before the
AN INSIGHT INTO THE ARGUMENTS
OP " T^l ATTORNEYS.
Difference Rank ln the Army Di
lated Tj -The Redemption of
Four-and alf Per Cent. Bonds
Dlseontlnx- by Secretary Foster
to Help the Adjustment.
Special to the Sunday Union.
Washington, April 25.—Tho Supreme
Court has postponed the hearing in the
Sayward and lottery cases until October
19th. This Government and counsel rep
resenting the British Government were
prepared to go on with the Sayward case,
involving jurisdiction over the Behring
Sea, but the continued illness of Justice
Bradley caused the court to order the
postponement, a full bench being desired
to hear a case of so much importance.
The briefs of both sides are very volumi
nous. Thej' may be divided into two
parts. First, the legal argument, in
volving the right to bring the case before
the court In the rather unusual form of a
writ of prohibition; and second, the po
litico-legal argument, involving the re
lations between the departments of the
In the brief of the Government it is
maintained that the writ will not under
the law issue unless want of jurisdiction
is shown on the face of the proceedings
by which the forfeiture waa decreed, as
the libel alleged jurisdiction properly
and the court found it. It is maintained
that even it" the United States has not
control over waters more than three
miles trom the shore, the conclusion
must necessarily 1*? drawn that the court
found according to what was the juris
diction ot the United States, whatever
that jurisdiction may be. Numerous
authorities are cited in support of the
denial of the claim of counsel for the
British Government that the Supreme
Court has the right to go beyond the face
ofthe returns and determine whether or
not the court actually and rightly had
jurisdiction to try the offense. The point
is made that though the Alaska court is
subject to prohibition, it is not, when
sitting in admiralty, an inferior court in
a technical sense, but a superior court
whose decrees are entitled to every pre
sumption favorable to its .jurisdiction.
Counsel for Great Britain hold that no
right of appeal lay froui the Alaska court
to the Supreme Court in admiralty cases,
and that, therefore, the latter court should
exercise a more extended jurisdiction in
prohibition after sentence than if the
party had other remedy. This matter
turned upon the meaning of the words
"in other cases" as used in tho Alaska
court, and it is maintained that it is much
too narrow a view to hold that by these
words the Supreme Court is excluded
from the power of review, and that it was
really intended by these words to give
the Supremo Court the same power of re
view that it had over all other lower
Counsel for the United States then con
tend that these things being true, and the
Alaska court having jurisdiction over the
offense alleged, and jurisdiction over the
claimant by reason of his voluntary ap
pearance in court, it follows that tho find
ing of the court that the seal killing was
committed within the jurisdiction of the
United States is conclusive and cannot
be impeached. A great number of
authorities are then cited as establishing
the doctrine that the finding of the
Alaska court on tho matter of fact of
jurisdiction was conclusive and that the
petition for prohibition must therefore be
dismissed, the Supreme Court having no
power in collateral proceedings to re-try
and review tho evidence.
As to seizure of the vessel on the high
seas, it is contended that any objections
based on illegal seizure were waived, and
furthermore, that even if the seizure were
illegal, a municipal law having been vio
lated, the court, when it found the vessel
owner in its jurisdiction, had nothing to
do with how he came there, but solely
with his trial for a violation of the law.
Counsel do not admit that the seizure on
the high seas was unlawful, and cite from
the Supreme Court decisions as estab
lishing the conclusive right of the United
States to seize offenders on the high seas
for offenses committed within places over
which the Government had jurisdiction.
This brings the argument down to the
political aspect ofthe case, and it is con
tended with great forco, supported by
citations from numerous decisions, that
the territorial jurisdiction of the United
States is a political question, from the
consideration of which the court is
stopped by the action of the Executive,
and of Congress, in deciding that the
United States has jurisdiction over
waters where the Sayward was so seized.
The decision of Justice Story in the
Suffolk insurance case, counsel say, de
feats the claim of the petitioner that the
Executive has no power in himself with
out legislation to decide the question of
sovereignty. The existence of such
power is made obvious, moreover, in the
Act under whicli the seizures were
ordered, which directed the President to
seize all vessels taking seals in the waters
of Behring Sea.
Uow is the President to execute this
demand of Congress if he does not de
termine for himself what waters of Beh
ring Sea are within the dominion of the
United States? Could Congress have
made plainer its wish that he should de
cide? Counsel say that numerous seizures
attest the fact that the Executive has de
cided that the United States has jurisdio
j tion over Behring Sea, and voluminous
correspondence between the British anel
American Governments is quoted from
as establishing this beyond all doubt.
Messrs. Choate aud Carlisle, in opening
their case, lay down the position ofthe
British Government broadly, that on the
high seas a seizure and condemnation by
a district court for offense committed
many miles from land are wholly un
warranted by the law of nations, while
with equal confidence it is submitted
that no law or treaty of the United States
warrants such seizures and condemna
tion, and that the District Court of Alaska
never had jurisdiction ofthe vessel or its
Counsel maintain that the power ofthe
Supreme Court to grant a writ of prohibi
tion cannot be questioned. The chum of
the United States that seals might have
been killed within three miies of land is
declared "'mere riotous imagination," the
record disclosing that the Sayward was
never nearer than ton miles ofthe shore.
The strictly legal argument that the
Supreme Court is bound not to go be
hind the record of the Alaska court is
attacked, it being maintained that the
Supreme Court cannot be prevented from
thoroughly examining the correctness of
Coming down to the rights of the
United States over Behring Sea, it is as
serted that the Russian treaty of cession
does uot purport to convey any dominion
iv the waters of Behring Sea, and if any
dominion passed, it must have boen as
an incident or appurtenant to the transfer
of land under the law ol nations, the es
tablished rule of which limits territorial
waters to threo miles from the shore.
Counsel says it is not necessary to take
the ground that it is tho duty ofthe court
to release seized vessels, notwithstanding
the explicit declaration directing seizure
on the high seas, their proposition being
that foreign vessels on "high seas aro sub
ject only to the jurisdiction of the Hag
they fly. It is admitted that Congress
and the Executive might, by co-joint
action, have determined tho extent of the
dominion of the United States over
Behring Sea, but it is insisted they havo
not sworn to do so, nor to make any pro
vision by which the Executive is to deter
mine the question and, under the Cousti
tion, it therefore devolves upon the court.
The right of the Executive to deal with
persons and property can never, it is
maintained, be a political question, and
any so-called legislative construction oi
an Act of Congress must always bo sub
ject to judicial determination.
In conclusion, counsel denies that the
judicial power of the I" nitod States ex
tends to the trial and condemnation of a
British vessel wrongfully seized in time
of peace on the high seas; denies that the
forcible bringing into the limits of the
District Court oi such vessel can enlarge
or extend judicial power of the Unitod
Suites. The judicial power of the United
States as an independent nation is limited
by the law of nations.
DIFFERENCE IN RANK.
General McCook's Comment on Captain
Washington*. April 25.—Two ser
geants, threo corporals and twenty-seven
privates of Company E, Twenty-fourth
Infantry, were recently court-martialed
at Fort Thomas, A. T., for making false
and malicious charges against Captain A.
C. Markeley, in a letter to the Assistant
Adjutant-General of the Department of
Arizona. The non-commissioned ollicers
wero reduced tothe ranks and the pri
vates wore sentenced to a forfeiture of
General McCook approved the finding,
but commented severely on the captain's
treatment of the company. He says: "It
is shown in tho evidence that he was in
the habit of addressing the company
while on drill, or other formations, in a
language that no gentleman, and especi
ally an officer of the army, should ever
use. No occasion or circumstance could
possibly arise justifying the employment
of such vile epithets as were repeatedly
used to the company. In violation ot
existing orders the company commander
tacitly assented to gambling" being carried
on daily in the company barracks from
early in the morning until late at night,
until a member of the company com
plained that ho had been swindled, when
gambling was prohibited."
Why He Resigned.
Washington, April 25.—Agent Mc-
Cusick for the Sisseton Indians in South
Dakota has resigned. He writes that he
knows his non-action against tho Indian
dances forbidden by the department is
not approved, but adds he is convinced
there is uo particular way of supervising
these social gatherings with dancing ;;lU [
feasting so long as they are conducted in
a poaceable and quiet manner.
Washington, April 25. — Secretary
Foster to-day issued a circular discontinu
ing the redemption of four and a half per
cent, bonds, with the view of reserving
the residue ofthe loan ior the adjustment
within the fiscal year, which begins ou
the first day of July next.
"Mexican Lottery Tickets.
Washington, April 25.—The Treasury
Department has ordered a duty of 25 per
cent, on Mexican lottery tickets sent
through El Paso by express.
THE LION'S TAIL AGAIN.
THE BRITISH BEAST SNARLS AT
Salisbury and Randolph Do Not Speak
as They rass By—South Ameri
[Special to the Sunday Union.]
London, April 25.—Nothing so soon
wakes up the Englishman as any declara
tion which threatens his trade. If the de
claration be from an American source he
rouses himself quicker.
President Harrison's Texas speech has
disturbed his slumbers and something
like a growl may be heard as the British
lion opens his eyes and yawns.
'•There is an echo of 'Rule Britania' in
it," exclaims one of the elderly lions,
"which will perhaps surprise President
Harrison." -'The Republican party,"
continues this zoological curiosity, "is
going to utilize some ofthe wealth of the
union, borrowed or otherwise, for Eng
land supplies a good deal of that to sub
sidize indigenous real American mail
steamers trading between the uorthern
and southern continents."
The Standard, from which this is
quoted, treats the subject lightly, as may
be seen, and describes President Harri
son as an all hopeful orator, in the gush
Of a romantic vein. More to the purpose
is the remark that the United States Gov
ernment is laying itself out to capture the
trade of South America, just when Eu
ropean merchants and capitalists arc in
clined lo seek less of it. This means that
the Argentine securities aro having a
worse time of it than ever. Cer
tain it is, however, that tho
English still hold fast to their eco
nomical theories, and do not believe
in what they regard as artiticial stimu
lants to trade. They cannot even, or will
not read the signs of the times, and then
profess to be puzzled by what the Set-ro
tary ofthe Treasury said ofthe McKinley
tariff. They made up their minds that
McKinley and his torift* were extin
guished by the last election. That the
sober, socond thought of tho American
people should convince them that they*
might still adhere to a well proved fiscal
policy, seems to English mysterious.
Lord Randolph's departure for South
Africa is au indication that this Ministry
has no intention of dissolving this year.
He will be absent six or seven mouths,
and his aid and influence would bo al
most indispensable during the general
election. His prolonged absence from of- |
lice, his apparent indifl'eronco to politics
and his estrangement from his former
colleagues have diminished his political
importance for the moment, but not de
stroyed his hold on the conntry. Ho
still has tho ear of the people, is still the
best platform orator of his party and is
still in closer touch with the rank and
file ofthe party than any other leader.
Ho goes to South Africa on business. Ho
will explore parts of Mashonaland,
which is expected to turn out to be a new
El Dorado. It is a long and trying jour
ney, which some of Lord Randolph's
friends think imprudent for him. His
health, though good, i.s not robust.
Salisbury might have kept him at
home, but Salisbury's political resent
ments are of a lasting kind. He and
Lord Randolph were onco personal
friends. Salisbury began letters, written
in his capacity as Prime Minister, "My
dear Randolph." They met recently at
tho Marlborough House and Salisbury
was too short-sighted to see his "dear
Spanish Gunboat Sunk.
Madrid, April 24.—Intelligence has |
been received that the Spanish gunboat |
Canto struck a rock oft" Porto Plata and i
became a total loss. Tho Canto was of I
the third-class, and was used as a guard
Attempt to Burn the Grand Hotel
GREAT EXCITEMENT OVER THE
DEED OF THE SOLDIER-MOB.
Colonel Compton, Commanding Fort
Walla Walla, Says tlio Lynching
Was a Disgrace to TUmsclf and to
the Army-.Moro Harm Was In
tended — War Department Notlflcd.
Special to the Sunday Union.
I.akki-okt, April 25.—Fire was discov
ered in the roof of tho Drum! Hotel last
night at 8 o'clock, but was extinguished
Without much trouble.
It was a clear rase of incendiarism.
A coaloil can and some oily rags, with
the remains of a candle which had '
1 BO placed as to ignite them, after taming
* certain length oi time, arena found.
j There is no clue to tho perpetrator.
WALLA WAI.I..VS TRAGEDY.
Colonel Compton Sa.vs it Was a Dis
graec^-Moro llanu Meant.
Walla Wai.ua, April _">.—Great ex
dtement still prevails in this city over
the lynching of limit last night I y Uto
Superior Judgo l- tt n has called on
Colonel Compton, commanding at Fori
Walla Walla, for aid iv ferreting out the
guilty parties and bringing them to
justice. Colonel Compton said he would
■ lend all the aid in his power, and that
I only misconception of the gravity ofthe
situation on his part prevented ids tak
ing more acth c su-ps to prevent trouble.
Colonel Compton stigmatized the action
ofthe mob as ■ disgrace to himself; Ida
officers, the troops ami the entire army.
The Grand Jury has been summoned to
sit on Wednesday next and inquire into
The Prosecuting Attorney telegraphed
to the Seeretarv Of War details »,l the
tragedy, with the statement that tho
authorities were unable to protect them
selves against the lawless soldiers, and
asked that immediate anion be taken.
This evening the Sheriff and the Prose
cuting Attorney received what they re
gard as authentic information thai a plot
had been laid by the soldiers to kill
policemen Ames and Morse, gamblers
f. J. Ilolbrook and Benjamin Taylor,
and to demolish two gambling houses.
When the tacts we're communicated to
Colonel Compton he issued orders thnt
no enlisted men be allowed out of the post
until further orders, and that a check
roll-call be made every hour throughout
the night until the danger of further mob
violence was passed.
i >ver 100 special guards are on duty to
night, ready to repel any attack by tho
BLOOD HORSE RACES.
Racine Captures Another Race—A Fast
San Francisco, April 2,").—There was a
large attendance at tho Blood Horse races
to-day. The track was fast. The r
resulted as follows:
First race, handicap, for all ages, ono
mile —Homer won, Leli second. Time.
Second race, three-year-olds, ono and
one-eighth miles—Nero won, Terry sec
ond. Time, _:1<".
Third race, three-year-olds and up
ward, three-fourths of a mile, heats—
Revolver won in two straight heats, Ap
plause second. Time, l:l.">.
Fourth race, aU ages, one and one
sixteenth miles—Racine won, Norolton
second. Time, "hOSf.
Fifth race, selling, ono mile—King
Hooker won, Forester second. Time,
A Fubllc Library Provided for In tho
Nkw Yokk, April-*".—Tho will of Will
iam P. Hazleton, of Tarrytown, who died
April loth, was tiled yesterday at White
Plains by Edwin H. Van Deusen, solo
The will, which disposes of property
valued at $soo.ooo, after providing for tho
payment of debts, gives to his wifo, Ellen
M. Van Deusen Haaelton, $10,000 in cash
aud the income from 930,000. Small be
quests are made to other relatives.
To the City of Stockton, Cal., he be
queaths in trust to purchase books and a
site $75,000, for a public library. Having
been one ofthe pioneer teachers of Stock
ton, he gives to his executors si,000 in
trust, to be Invested as a fund to purchaso
med;ds to be presented annually to de
Sonoka, April 25.—A Chinaman who
has lived here for over twenty years
committed suicide this morning by hang
ing himself. He had fastened one end of
i a silk cord to his bed-post and the other
j to his neck and when found was hanging
with his feet touching the floor. He
must have died from slow strangulation,
An inquest will bo held to-morrow.
Collision on a Grado.
SrsAXviLUK, April 25.—Wallace Sehell,
Ada Baugham and a daughter of Mr.
Ripley were ascending the Antelopo
grade, wheu Melville HaskiPs team ran
away and ran into the Sehell team.
Schell's shoulder and ribs were broken,
and Haskil's skull was split. His recov
ery is doubtful. The ladies were unhurt.
Tho Prohibition on American Fork not
Bkrlin, April 25.—A uoto in the
licichvianzcr to-night, referring to the •"*•
port that tho prohibition against Ameri
can pork would bo immediately removed,
says that until some clearer ideas can bo
formed concerning tho practical working
of the meat inspecting service in Amer
ica, decision here must be postponed.
This official information is due to the
arrangement of dealers in Hamburg and
Bremen, who expected at au early date to
import large cargoes of American hogs.
A Government proposal has been sub
mitted to the Banaesrath authorizing the
acceptance of the invitation to take part
in the Chicago fair.
The miners' strikes aro attaining for
midable proportions around Bochuni.
Most of tho pits arc closed. The strikers
iv Essen district exceed 15.000.
Bout With Robbers.
Atalla (Ala.', April 25.—Last night a
gang of five robbers broke open several
stores. After committing a robbery they
fled. They were pursued by a posse of
Officers and citizens. Half a* mile from
town they stopped and defied their pur
suers. A pitched battlo with shotguns
and revolvers followed. J. S. V.'ifson,
Alderman of Atalla, was fatally shot, and
William Bentley, one of the "robber •., is
dying. All the gaug wero arrested excent
two. It is believed they are the persons
who caused the railroad wrecic near