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THE INDIANAPOLIS JOUENAI -0 weekly established is:i DAILY fJSTAlIIJ.-IIKK lO-. vol. Li-xo. mi. LVDrAXAPOLIS, THURSDAY MORXLYO, XOVE3IHER 7, lOOl-TEX PAGES. PRICK 2 CENTS EVERYWHERE, .0 i TEARS WERE SHED 31A.W persons movim) Tin: i:lo-uti-:.c e or ivvnoit ravner. Lnrlirinnr Inhibition In the Xnval Conrt When Schley's Chief Coun sel Delivered III Ffrorntlon. EVEN THE REAR ADMIRAL WEPT ami uk why axd his co i.i.k a cil iis showed sk;ns of emotion. Ilnynrr's Concluding; Words Followed by Sllenee, Then n Ilrnmrknlile Demonstration In Court. AUDIENCE BROKE INTO CHEERS AMI SI' II fit: II FOUWAKIl TO GREET SCHLEY AMI HIS COUNSEL. Dfwy Benimm, Ilnnmoj-, of the Court, ami Lent I y Anions; Those Who OfTere! Congratulations. 0INTS FROM THE ADDRESS SCHLEY PICTURED AS A HERO AMI VICTIM OF EX VIOL'S FOES, "Who Cnn Afford to Avtalt the Verdict of Posterity ;verninent Wlt iieMweM Held li to Itldlciile. WASHINGTON, Nov. 6. The climax of the Schley court of inquiry came this after noon when Mr. Hayner, chief counsel for Admiral Schley, concluded a brilliant argu ment of over three hours with a perora tion so eloquent and impassioned that all within the sound of his voice were pro foundly touched. This remarkable trial, he paid, sought to condemn the man who had brought to a successful termination as great a naval triumph as was ever won. In vivid colors he painted the picture of the Brooklyn, with Commodore Schley on the bridge. lighting the entire Spanish lieet until the Oregon appeared out of the smoke. The thunders of the Brooklyn, music: for the ears of his countrymen, he ff.tid, .aroused Admiral Schley's envious foes. lie pictured the victorious bailor puttering as few have suffered for three long years while the tires of persecution leaped around him and now awaiting the "hour of his vindication in the verdict of the court. "And when it comes," he con cluded, "he can from the high and exalted position that he occupies look down on his traducers and maligners and with ex cellent pride exclaim: 'I care not for the venomous gossip of clubs, drawing rooms and cliques and the poisoned shafts of envy and of malice. I await under the guidance of divine Providence the verdict of pos terity.' " The scene in the courtroom as he finis'.: with these words was thrilling. The at tendance had been large all day and at the morning session a woman had fainted from excitement. As Mr. Hayner began his eulogy of Admiral Schley those in the audi ence, many of whom were women, leaned forward in their seats. The spell of his oratory was over them, and when he de scribed the admiral's gallant deeds and the long persecution to which he had been sub jected many of them wept. The members of the court displayed evi dences of emotion and Admiral Schley him self war plainly moved. He sat leaning back with his hands behind his head. Ills chin twitched, and as his counsel Faid he could afford tc await the verdict of pos terity two big tears rolled down his cheeks, lie moved uneasily to conceal his emotion, and under the pretense of adjusting his glasses brushed the tears aside. For full thirty seconds after Mr. Rayner closed there was not a sound. Then the tsnslon broke in a loud burst of app'ause. Admiral Dewey, after about half a minute, arose? to remind the spectators that t?uch a demonstration was out of place. A mo Dent afterward the court adjourned, the Judge advocate pleading that he could not well no on to-day. Then another remarkable thing hap pened. As soon as the gavel fell the entire audience urged forward to shake the hands of Admiral Schley and Mr. Hayner. But the n-comlng spectators fell back a mo ment as they saw Admiral Dewey and his two associates move round to the table, as if by a common impulse, and congratulate Admiral Schley and his counsel. Even Captain Lemly, the Judge advocate, came forw ard to join In the congratulations. Then the public had Its inning, and for fifteen minutes after the court adjourned Admiral Schley and Mr. Hayner were kept busy shaking hands. Mr. Hayner'. argument to-day consumed the whole day of the court, except for half an hour at the opening, when Captain Par ker, his associate counsel, occupied in con cluding. Mr. Hayner took up the specifica tions one by one. reserving those relating to the retrograde movement until the last. So far as he was able to do so he used the testimony of the department's witnesses to rrove his contention. With rfgard to the retrograde movement, which he discussed with greater seriousness than the other specifications, he adduced in justification not only all Admiral Schley's reasons for believing the Spanish fleet was not in San tiago harbor, but argued that every officer charged with the responsibility of com mand must be clothed with discretion in carrying out Instructions. He displayed good temper In adverting to the testimony of most of the officers, especially the ruck ing officers who seemed to contradict his client, giving them in each case credit for honenty of purpose. But with a few he dealt unsparingly. Wood. Potts and Bristol he held up to ridicule. Captain Lemly will begin the cl-.ing ar gument to-rnorrow afternoon. :is the court 1 will not hold a s -.- ion to-mo'-row no-n- 1 Admiral Dwy announced private!'.- I.e. j fore the opening r.f the , ii r t to-day that there would be no morning session of the court to-morrow. Mr. Dewey has been In disposed recently and the admiral will de vot the forenoon to-rnorrow to removing her from their home In the suburbs to their city residence. immediately after the c ourt convened, at 11 o'clock this morning. Captain Parker re-surne-d his address in behalf of Admiral Schley. He took up the discussion of the subject where he had left off yesterday, considering in turn the reconnoissance of May 21, the coaling question and the battle of July 3. Including the loop of the Brook lyn. Captain Parker talked for twenty-five minutes. "If the Spanish gunners could have shot as the Americans did." declared Captain I'arker at one point in his address. "Admiral 8chley, instead of being on trial, as he is to-day. would be in a sailor's grave." Captain Parker concluded with a glowing tribute to Admiral Schley. 3IIt. HAYNER ADDRESS. Witnesses Who Testified Against Schley Severely Arraigned. Mr. Hayner began his argument at 11:23 a m. lie paid a compliment to Judge Ad vocate Lemly and his assistant. Mr. Han na, for the "mot judicial impartiality with which they have mar-.iged this case." Mr. Hayner made a plea for consideration of questions from what was at that time Commodore Schley's p int of view. "Let us." he said, "put ourselves in his place r.nd see what the circumstances were. We all know now what it would have been wise to do." Discussing dispatch No. 7, known as the "Dear Schley" letter, Mr. Hayner contended that the order conveyed in that message made it incumbent upon Admiral Schley to remain at Cienfuegos. He delar.fi that this was the key to the whole case, and that it did not admit of any other construction than that Commo dore Sehley should remain at Cienfuegos. Mr. Hayner, in support of this conten tion, read the department's orders to Ad miral Sampson directing him to notify Commodore Schley by the Iowa to proceed off Santiago. Admiral Sampson, Instead of transmitting that order and reinforcing it, (I'UMIM KP ON PAGK 7.C0L747) MAY SOON BE SET FREE .MISS STONE AXD 3IME. TS ILK A WERE IIOTII WELL OX OCT. 20, And the United State Legation at Constantinople Is Hopeful Their Release Will lie Effected. CONSTANTINOPLE, Nov. 6. The of cials of the United States legation, here have received news through Salonlca that indicates the early release of the captives In the hands of the brigands. On Oct. 29 Miss Stone and Alme. Tsilka were both well. WASHINGTON. Nov. 8. The State De partment received to-day a cablegram from Consul General Dickinson, at Constanti nople, saying that he had received a let ter from Aliss Stone, the missionary held by brigands for ransom, dated Oct. 29. ST. PETERSBURG. Nov. 6. A dispatch to the Ro.-siya from Sofia, Bulgaria, says the monastery has again been subjected to a domiciliary search, and that a number of the monks have been arrested on the charge of complicity in the abduction of Miss Ellen AI. Stone, the American mis sionary, and her companion. Alme. Tsilka. SOFIA. Bulgaria, Nov. 6. The brigands having Aliss Ellen AI. Stone, the American missionary, ari her companion. Alme. Tsilka, in th'l custody were in Bulgarian ttrritoiy, near- the Turkish frontier, last week, according to authoritative intelli gence. The captives were lodged in caves and fires were lighted to protect them from the severe cold. Since then the brigands and the women have gone to some place unknown. The fact that violent measures, such as mutilation, to extort ransom were not taken Indicates that the brigands are un der the impression that the longer they wait tne better will be the terms obtain able. This attitude is regarded as being partly due to the publicity given to the subscriptions toward the ransom, and it is increasing the difficulty experienced by Consul General Dickinson in his efforts to reduce the brigands' demands. TO TRANSPORT TROOPS ADDITIONAL INSTRUCTIONS ISSUED II Y THE W,AH HE IA ItTAI E XT. Dates of Sailing; of Cavalry mid In fantry and Vessels on Which They Will Emhnrk for Manila. WASHINGTON. Nov. 6.-The orders of the War Department for transferring troops from the United States to the Philip pines and from the Philippines to the United States were published to-day. The second squadron of the Eleventh Cavalry will sail from New York on the Crook about Dec. 1. The headquarters for the field, staff, band and third squadron will sail on the Buford from New York near the mid dle of January and the third squadron from San Francisco about Dec. 16. The two battalions of the Twenty-eighth In fantry will sail from San Francisco on the Grant about Nov. 15 and the other bat talion will sail about Dec. 1. It was sup posed that this battalion would go on the Warren, but as that vessel has been dis abled the battalion probably will go later on the Hancock. The order also directs that the Fourth, Seventeenth, Twentieth and Twenty-second regiments of infantry, now in the Philippines, shall sail for the United States as soon as transports are available. A dispatch from Alanila was received at the War Department to-day confirming the news that the transport Warren had been disabled and stating that the Han cock, which had just arrived at Manila. had been coaled and dispatched to Kobe! Japan, where the Warren now is, to bring the Warren's passengers to San Francisco. The congressional p:rty which has been visiting the Philippines were anuMig tne Warren's passengers. Action In Criminal Cases. WASHINGTON. Nov. t-A large mail was received at the War Department to day from the Philippines and as u-unl con tained the records of a large number of criminal cases. Two natives named Castro i ml Cruz were convict d of sri-Jng Juan Salvador, a native sailor on the gur.bo.it Charleston, while he was ashore near Calumpit. who they killed Castro stab bing him repeatedly in the st :?"! a'h and abdomen, while Cruz held hi:n. General Chaffee approved the sentence ordering their execution Oct. 2.". In another case. Pedro A. Cruz, a native, was convicted by a military roni-ri'-l- n nf murder and sentenced to twenty years' im prisonment at hard la bo-. (::". räl (h.lTec directed the rfhas1 of th pri.- r,. ; it ap pears that from th- evldev.e Ibi Cruz, who was a first l'euterant in the insurgent army, accompanied a hard of Insurgents under the command of Lb uten-üU tues.via and wan present whn cri'esada wis ord rt d by his lieutenant colonel to kill two An,e!i can prisoners and was also ptii' when that ordf r was x eu!d Cruz w:,s xt cising no function of control or command at the time. Ordered lij-r-L tr the Philippine. i'l-ert il to t!i.- In. l.ir.v ..! .- J..ur?:Al. I.AFANETTL. Pi:.. Nov. -ipt. Wil liam J. I.::'.-:. ' tb r y.ui.ir arny. hr... re ceive .i ordtrs to j..in the Twenty-eighth In fantry ar.d pro.vtd to the PhiMppir.es. He had Jut retuüi-d tr..a, the i.urds and thought his service there w;;s over, lie is a native of this county and prior to his recent promotion was a lirst lieutenant In the Second Infantry. CROKER " PERISHED IN THEATER TliX PEItSONS IHllNED TO DEATH A'D FIVK Ilt HT AT III KLEY, AVIS. Most of the Victims Were Vaudeville Performers Who Were Asleep In the Third Story. ANOTHER THEATER BURNED Til 12 LYCEUM, ATLANTA'S VAUDE VILLE HOUSE, DESTROYED. Electric Sign Fell, .Wires Ilecnme Tanglrd nnd Eire II tilted Andl ence Quietly DlnmiMsed. HURLEY, 'Wia., Nov. 6. The Klondike Theater, owned by Edward Le Claire, of this city, caught fire early to-day while most of the Inmates were in bed and the wooden structure was a mass of fire in a flash. Nine men and one woman are miss ing and there may be others who have lost their lives in the fire. It was only by the heroic efforts of the fire department that the entire town was paved from destruc tion. The Dead. C. W. CLEVELAND, attorney, Hurley. TIMOTHY RYAN, comedian, Ironwood, Mich. F. L. GAY, stage manager, St. Louis, Mo. THOMAS OZZONNE. property man. THOMAS LE CLAIRE, bartender, brother of the proprietor. II. H. CLIFFORD, comedian. HARRY RAYMOND', porter. GEORGE BENERT, pugilist. CLARA BONNE, vocalist. D. B. EMERY, musical artist. The Injured. JENNIE BENDER, Soubrette, burned; may die. LAURA RUSSELL, musical artist, badly bruised. WILLIAM RUSSBOLT, barber. Iron wood. Mich., face cut. WILLIAM M' LA UGH LIN, second cook, burned; may die. ELLA 1 1 ESS. vocalist, bruised and burned. The Klondike Theater building was a structure 125 feet long, three stories high and fifty feet wide, and valued at $10,0). It was occupied by twenty-five persons, coii!i5ting of the Le Claire family and a stock company who give a vaudeville en tertainment six nights of the week. On the rirst floor was tne auditorium, barroom, gambling rooms, dressing rooms, kitchen, lining room. stn;e and proprietor's bed ixoni. On the second lloor were the boxes and a number of bedrooms. The third no'ir was taken up by sleeping apart ment. The tire is thought to have been caused by the explosion of an oil stove in the pro prietor" bedrroin. An alarm was ejuickly sc--:ndcd. These; who heard the cry of dan ger Immediately wtnt forward and there e-xit by way of the stairway was cut off. 'lie only remaining e::it was through the -!v'.e ani front windows. Most of the woir.cn crawled out the side windows, drop ped to the adjoining buildings, and reached the ground In ?.iMy, with slight injuries. Some were forced by the flames to jump from the front windows and all those were injured. Laura Russell, of the musical team of H'r.erv and Russell, was thrown from the third "story by her partner. 1). li. Emery, and fell heavily to the sidewalk. Her leg was broken and she was badly bruised. E:ne.ry is thought to have tried to rescue or aiann his friends, for he lid not follow through the window. He lost his life. William Rushbolt. an Ironwood. Mich., man. jumped from the second story, and in 1.1s c!(cent whs caught by a telephone wire and turned over in the air. He fell upen blr face and side and his legs were broken. His recovery 1 doubtful. D. B. Emery was one time safely out of the building, but returned. It is thought, to save others. He Is missing. Miss Bonne was warned of the danger, but after starting for safety returned iu DEFEAT AND RETREAT. Well. I saved something out her room. It is supposed she hoped to se cure a portion of her diamond jewelry and ward re h which are said to have , been valued at $3.0t0. Miss Bonne has a sister with Ringling Bros.' circus, and her mother, Mrs. Maria Bonne, lives in Cleve land, O. Frank L. 'lay, the itfge manager, had been in his room about an hour when the fatal flame commenced its work, and no one saw him after he left the dressing room. Iiis wife had left but a few days before to bury their young boy at St. Louis, his home. Sevtn bodies of the missing have been found, but their identity cannot be deter mined, at the tire has done its work s) vell that nothing but portions of skeletons re main. ATLANTA ALSO SUFFERS. Lyceum Theuter Burned nnd n Flre iii nn Badly Injured. ATLANTA. Ga.. Nov. C The Lyceum Theater, Atlanta's vaudeville house, was destroyed by fire this afternoon. A per formance was being given when the tire broke out, but the. audience was dismissed In time to prevent a panic. Fred Jones, a fireman, was rescued, badly burned, from an upper window. The fire was preceded by an accident which caused some un easiness in the theater. An immense elec tric sign extending across Edgewood ave nue in front of the house, fell at 2:30, just as the performance began, throwing two electricians to the ground and injuring one of them Roy Danner. A net work of wires was thrown across the street and in the vicinity of the theater. The wires became erosed and burned out a feed box at the entrance to the theater. The smoke found its way into the opera house and caused considerable excitement in the audi ence. Some of those inside attempted to leave, but were immediately stopped and urged to remain seated, and the perform ance proceeded. One hour later the roof of the theater was discovered on lire and fearing harm the management dismissed the audience, the people's excitement being expedited by the ushers, in less than one hour the theater was in ruins. Only a portion of the wardrobes of the twelve people playing at the Lyceum this week was saved. All the scenery was burned. R. Coley Anderson, the lessee and manager of the theater, says the loss will be J75.U(h with Insurance of $15.000. The theater is owned by the Cunningham es tate of Atlanta, and T. II. Bowles, of Mil waukee, Wis. It was at one time under the control of Henry Greenwald, of New Orleans. Other Fires. PITTSBURG, Ta., Nov. 6. The Immense plant of Dilworth, Porter and Company, manufacturers of steel rods and railroad spikes, was damaged by fire to-night to the extent of about $250.000. Seven acres were burned overand much valuable ma chinery were destroyed. Members of firm say the loss is fully covered by insurance. RICHLAND. Ga.. Nov. 6. Fire this after noon and to-night destroyed the preater portion of the business section of this place. It is claimed that the lire, which originated in a warehouse, was started by a truck running over a match. Loss, $tk),00u; insurance small. WELLSTON. O.. Nov. 6. The large Alma Portland cement works, at South Wellston, were ulmost destroyed by fire last night. The plant was one of the largest cf its kind In the United States. The loss will ex ceed $S0.CA ST. PAUL. Minn.. Nov. 6. The American Grass Twine Company's works in this city was damaged KO.! by tire to-day; partly insured. Captain Morteneau of engine com pany No. 1. was injured by falling timbers. .WINNIPEG. Man.. Nov. O.-Prairie fires of a serious nature are r-;orte-d in the Bow river, Calgary district. Many horses, cattle and several buildings have been destroyed. SIOUX FALLS. Ia.. Nov. rt. Fire to night destroyed the Gunther & Sulhs wholesale toy and notion house here. The !oss l-i more than $tMM-. DISCUSSED IN SECRET. .Mexican Arbitration Treaty Before the Pnn-Anierlcnn Congress. MEXICO CITY. Nov. 6. This naming the Pan-American Congress decided to go into secret session to hear the project of the arbitration treaty proposed bv the Mex ican delegation. The votes against the secret session were those of Paraguay. Argentine Republic. Bolivia and Peru four against fifteen. The press representatives were compelled to vacate the hall. The proposed treaty is decidedly favorable to Chile and correspondingly ilistasteful to Peru. It Is true the project is largely on lines recom mended by The Hague peace Conference, but with two noted exceptions, both In favor of Chile. The Guatemala delegation presented a plan for the purpose of facilitating the ad justment of controversies which the several governments participating In the conven tion may have been unable to settle diplomatically. of it, anyhow.' LI HUNG CHANG DEAD A'OTED CHINESE STATESMAN DIED AT 11 O'CLOCK THIS MOIIXEVG. lnsed Avrny In III Ilurlal Clothes und with Ilia Ynrd Full of Taper Hörnen, Chairs and Coolies.' AN ANCIENT CHINESE CUSTOM I'HEIWIIATIONS WERE .MADE TO CAHUY HIS SOUL TO IIDAVEX. ills Death Due to Chronic Gastritis nnd Refusal of Family to Per mit Proper Treatment. PEKING, Nov. 7. LI Hung Chang died at 11 o'clock this morning. On Monday night he disregarded the advice of his physicians and attended to some official duties. Yesterday when the doctors called they found him unconscious and apparent ly dying. At 9 o'clock last evening Earl Ll displayed unexpected vitality, but the physicians held out no hope. Robert Coltman, an American, who was one of the physicians attending Earl Li, told the correspondent of the Associated Press that when he was called to act with Dr. Velde, of the German legation, Nov. 1, he found the patient very weak from a se vere hemorrhage, due to ulceration of the stomach. "The hemorrhage was readily controlled," said Dr. Coltman, but owing to the underlying condition of chronic gastritis, with persistent nausea, only the mildest liquid food could be Injected. Tues day he was cheerful and without pain, but at 2 o'clock Wednesday morning he became unconscious nnd was no longer able to get rid of the collection of mucuous which he had been freely expectorating. Death was expected owing to symptoms Bupervening upon gradual carbonic acid poisoning." Throughout last evening digitalis was fre quently administered. Earl Li's rersietent refusals to refrain from attending to government business ag Sravated his malady, while the refusar of the family to permit certain measures cus tomary in western medical practice for relieving the stomach contributed to his denth. The wife of Earl Li and his two sons and daughter were with him. They are greatly distressed. Yesterday the burial clothe3 were put on the dying statesman. The courtyard of th Tarnen was tilled with paper horses and chairs, with coolie bearers, which hi friends sent him. In accord j nee with Chinese customs, to be buried when he died, in order to carry his soul to heaven. The Chinese officials are somewhat un easy concerning the effect his death will have on the populace, nnd. to guard igainst a possible anti-forign demonstration, the Chinese generals have disposed their troops about the city in such a way as to command the situation. Trouble, however, is extremely Improbable. Telegrams have been sent summoning Prince Chlng. who I now on his way to meet the court. nd Chou Fu. provincial treasurer, from Pao-Ting-Fu. The former will assume the general charge of govern mental affairs and the latter will act as Governor ef Chi-Li until Ll Hung Chang s successor In that office, who will probably be Yuan Shi Kal. Is appointed. AMERICAN HANK PROPOSED. Mr. RoeUhill Thinks One Shonld lie Established In China. WASHINGTON, Nov. 6.-',V. Rockhlll. who represented this government In the final settlement with China, had a con ference with Assistant Secretary Taylor, of the Treasury Department, to-day in regard to the representation of the United States on the commission of bankers, which by the terms of the final protocol Is charged witn the duty of receiving and paying over to the several governments in interest th-s sums to b paid by China as Indemnity. These payments will cover a period "f thirty-nine years and the protocol pro vides that the several sums and Interests shall be paid monthly to a commission of bankers at Shanghai, each member repre senting one or more of the beneficiary powers. As there is no American bank in Shanghai the question arises as to who should represent this government on the commission. The American consul at Fhar.ph.il rec ommends that the British Shanghai bank le designated to act for the United States, but Mr. Rockhlll does not favor that sug gestion. His visit to the Treasury Depart ment was for the purpose of ascertaining whether or not the feasibility of an Ameri can banking Institution In China of un doubted strength and recognized standing might not be cosidered by leading financie rs at this time. Mr. Rockhill believes that in view of the changed conditions in Chin i such a bank would do a very profitable business. At the same time it would prove a great benefit to American commercial interest in the far East and give the United States proper representation on the com mission provided for in the Peking protocol. The matter will receive the consideration of the treasury officials. The share of the United States In the Indemnity to be paid by China is about J 23,0 M x) with 4 per cent. Interest. EIGHT CADAVERS SEIZED HUMAN BODIES FOUND SEWED UP IN CANVAS AND CRATED. Marked "Second-Hand Lanndry Mn chlnery" Illinois Law Violated and Arrests Made at Chicago. CHICAGO, Nov. C Eight human bodies were taken this evening from two crates at the freight depot of the Chicago, Bur lington & Quincy Railway. They we re consigned to R. J. Jones, of Brashear, Mo., and marked as second-hand laundry ma chinery. The bodies were purchased dur ing the day from the Harvey Medical Col lege of this city, and were being shipped to Missouri for purposes of dissection. The police are looking for Jones, but o far have been unable to locate him. The only charge that can be brought against him Is the shipping of bodies in a manner con trary to law. When the crates were received at the depot the suspicions of the men In charge were aroused, as they had never seen laun dry machinery of the shape of the two crates, nor had they ever seen it shipped in such manner. It was then decided to open the crates. When they were opened, the bodies, sewed up in canvas and packed in excelsior were found. The police were notified, and as it was known the crates came from the Harvey Medical College, officers were at once sent there. The of ficials of the college proved that they had no connection with the shipment of the bodies and said they had sold them during the afterneon to R. J. Jones, who said that he intended to ship them to Brashear, Mo. "I told him to be careful how he shipped them," said Dr. Dickinson of the college, "and warned him that he would get Into trouble if he sent them in any other way than that authorized by law. He said noth ing and went away. As far as the college la concerned, the transaction was entirely proper. We had more cadavers than we could use, and sold those to Mr. Jones, as he called himself. He said they were to be used for medical purposes." Police officials believe the discovery dis closes a carefully planned scheme to traffic in cadavers. Dr. Francis M. Schoenleber, of 147 Eugenie street, !s under arrest and Dr, Frances Dickinson, president of the Harvey Medical College, has been called on to explain her connection with the af fair. CARTER CASE AGREEMENT 1 31 PORTA NT DECISION REACHED IN THE CIVIL ACTION'S. Ex-Army Officer's nelatlres Place All Funds In Trust Until the Court ltnles In the Procedure. CHICAGO, Nov. 6. Oberlin M. Carter, now a convict in the government prison at Fort Leavenworth, Kan., and formerly a captain In the United States engineer corps, is to have a rehearing in a civil tribunal. He now has the assurance of the govern ment authorities that all the evidence Is to be reviewed again before Judge Kohlsaat in the United States Circuit Court, in this city, the hearing to take place, probably, !n a few months. Carter will be called on as a witness In his own behalf and for the purpose of testifying in court he will be released temporarily from his place of con finement. This is the result of the suits brought by the government some months ago in sev eral federal courts for the purpose of re covering the proceeds of $722,582 which it was proved at the court-martial that Car ter had embezzled from the United States. His uncle, Lorenzo D. Carter, and his brother, L. Stanton Carter, were said to have reinvested this money and secreted it for the purpose of having a fortune ready for the former army officer on his release from the military prison. Difficulties were encountered by the representatives of the government in getting trace of the securi ties which were said to represent this amount, and at last they signed an agree ment with Carter's legal representative, Horace G. Stone, by which a rehearing of all the charges brought against the former captain of engineers was made possible. This agreement was filed in the United States Circuit Court to-day, siuneel by Ma rion Erwin, special assistant attorney gen eral for the United States, and Attorney Stone, for Carter, Ms brother and his un cle. The principal provision made in this stipulation is that the issues in all the similar suits now pending in the federal courts of New York. New Jersey, Georgia. West Virginia and the Southern district cd Illinois shall be united with the case in the Federal Court In Chicago. The ex amination of witnesses Is to be held here, either before Judge Kohlyaat or a master in chancery to be named by him. After a full examination the ownership of the bonds and other securities of Carter, which the government claims as its property, will be determined by the court. The decision in this court will affect the standing ot the cases In all the other cases similarly. Pending a decision in this central case i the property held in the name of Carter's relatives, which lias been impounded through receiverships in the various courts. will remain intact. The amount impounded up to date is said to be nearly half a million dollars. Other bonds in the- possession of Carter's relatives will be turne! over to the custody of the court temporarily by agreement. When the case is finally ex posed of these valuable assets will be-ccrne cither the property of the government or of Carter. So confident Is Carter of final vindication that he cheerfully joined in this aree-merit with the government's representative. He told his relatives and Ids Iawe-r to turn over to the court at once the property th:it I Is In dispute and on the court's eb-cisiou h i will base his char.ee of being a pauper or a ! rich man when he is outside the- prison gates. NOT OFFERED BARONETCY. Andrew Cnrneule Knows Nothing: About a Title from Klitvr llilnnril, NEW YORK, Nov. G.-Seen at the St. Andrew's golf links this afternoon In ref erence to a report that King Edward had offered htm or would offer hhn a baronetcy, Andrew Carnegie Faid: "Why. that is all nonsense. I don't believe there is a word of truth In lt. I suppose I would have an inkling of It if anything lik thai wsrc going to bt dons." BLOW TO GORMAN MARYLAND'S BOSS WILL NOT CON TROL THE STATi: LEGISLATURE. Failed to Capture House of Delegates, nnd. Therefore, Is Unlikely to Wear Wellington's .Mantle. SENATE WILL BE DEMOCRATIC HUT REPUBLICANS WILL ORGANIZE THE LOWER HOUSE. Tangle In Baltimore City, Where the Election JucIkcb In Two Pre cincts Could Not Aktcc. OHIO PLURALITY GROWING NEARLY W.OtX FOR NASH AND NO.OOO FOR REST OF THE TICKET. Averncre Plurality for Republican Cnn el id lit et Grenter Thun (ilve-u the National Ticket Last Year. CLEAN SWEEP IN NEW YORK FUSIONISTS WILL CONTROL THE CITY AND COUNTY OFFICES. CoiiKrntulntlnnn for Seth Low, Whose Plurality Was lIJI.v I Lntcst from the Other States. BALTIMORE, Nov. 6. Returns received in this city up to midnight and including every county in the State, partly official and partly estimated, indicate a result in the legislative contest which is almost without parallel In Maryland. The most careful estimates and calculations give the Democrats forty-six delegates and seven newly elected senators, which, combined with the ten who hold over In the Senate, assures the friends of Mr. Gorman a total of sixty-three on joint ballot. The Repub licans it appears have elected forty-nine delegates and six senators, which, added to their three hold-over senators, gives them a total of fifty-eight on joint ballot. These figures Indicate that the Republicans will be able to organize the House of Delegates. The situation In Baltimore city is a pe culiar one in that the returns from tho Second legislative district are in such an incomplete state as to make the result there uncertain as to two legislative candi dates. The election Judges In two precincts became involved last niht in a contro versy over the rejection of several ballots and finally lockeel the ballots and the poll books in the ballot box and turned them over to the supervisors of election with the statement that they declined to tdgn the returns. One of the Democratic candi dates lacks but ninety-seven votes of elec tion and another needs but 10J. The Re publicans seem, inclined to concede the election of the first mentioned when the returns are in from the two missing pre cincts, but assert that the other will be beaten. The ballots will not be counted until noon to-morrow, until which time nothing Jefinite can be known. One of the surprises of the day was the close vote la Allegany county, heretofore pafe-ly Repub lican by majorities ranging from l.-Xi to 2.OU0. The Democrats have elected their senator and one delegate in that county, and the result as to the remaining four delegates is close. St. Mary's county, which had been considered doubtful, has gone solidly Democratic, and Washington Wil kinson, one of the picturesque figures on the Republican side of the- Senate. Is rele gated to private life. PLURALITIES IN OHIO. Nearly iJS.OilO for Governor Nash nnd Ha,KMI for Other Candidates. COLUMBUS, O., Nov. C.-Late to-night Chairman Dick, of the Republican state committee, had the returns from the eighty-six counties in Ohio with only two missing and the two missing counties were estimated from the newspaper reports with the following results: Sixty-two counties have Republican pluralities aggregating Ii'.Sll. Twenty-six counties have Demo cratic pluralities aggregating 27..175. making the plurality of Nash over Kllbourne for Governor 67,0.1, and approximating S0.m) plurality for other candidates e.n the Re publican state ticket. The total vote will not exceed 1".'h'i, but it will not I known exactly till the vote is counted officially. The plurality for Governor Nash exceeds that of two years aKo when b was elected by 4C,C3, and the average plurality of the candidates on the Republican Hate ticket greatly exceeds that for President las-t year when McKinley and Roose velt had a plural ity in )hio of G'.t.iCo. The Re-publicans electee! sixty-eight rep resentatives and the Democrats torty-tuo. The state Senate- stands twenty-one K.-puK-licans and twe lve Democrats. The Kc(..'. lican majority on joint ballot for Ur:ii.i States Senator is thirty-live. The oili.til count will not change- th.-e TlKUres the? political comp! xion ef the L gislature. but tin Re-publi-an say they expect the- .ffidal count slightly to increase the ir plurality on the- Mate- tl( ke t. The Republican plurility beats all rec- that thf K-publi-;ii plurality t.ets all re e ords in what has become known as th cju.idre nnial off year, and with two x-;-tions. the records of uttn r -ars. in th. e.ff years, or thoe following a pre-identi. I election, the- Democrats have carried Ohio, the- e-xc ptiotis being in lW. after the dath ol Garrifld. and in ls". and IVO. alter the 'P-ve-land -!.-ction-. in tuo of the., thre e? exceptional years the Pre-.-i! nt was a Dem ocrat and thoy-e we re'c.-nMd re-d "off years' for the Democrats. With the yinle excep tion of Ilo.illy in lvJ. the Democrats ri' e r lecte-d a Governor of Ohio in any other than an off ye ar sine - the KpuMl an patty started, and the-u tl.vy wn on a local iue e.f li.pjor taxation. Where ve r local i.-!-m t re paramount this e-ar the' Republicans suffered loes, notably at Columbus ,n account f locl option arid at Oe-velar.d on aee-ount ef Mayor John-on's agitation of "taxation in equalities." Whe re- po Mich conditions w re coniioiited. the Re-puHican made gains and the-y carried some Democratic counties that never before were represented by Re publican. The State was e arri.-d on n tional i-Mies involved in the- support of President RooeVelt and the illdorsemc lit of Senator 1-Vraker for n-t hi lion. In Inter lews Senator il.uni i. Governor Nah an1 Chairman Die-k on the Republican side, and Colonel KUbourtie. Chairman Daugherty and Secretary t;illlain on the Democratic ride tcgree that the reult wa du to ths trenl of icruimcr.t ca c&llcsU AZilrs 1&4