THE WEATHER TO-DAY.
IriKE TflRo'OD OLD TIME
THE TIMES? LITTLE HINT
THAT INEVITABLE FLAW
IS CITIZEN OR SOLDIEf
. . . --
Obsolete Amusement of Holding Up
Mail Ooaohes Eevived.
Triennial Convention of Episco
palians Refuse to Hear Him.
SPOKE AT LYOEUM THEATER
It Is Discovered in the Texas Anti
Prize Fighting Enactment.
Civil or Military Status of Armes
-Argusd By Counsal.
Lone Highway man Tackles a Lono
Passenger, Who ItetortH In-Kind,
Hut the Itobber Escapes.
Sports Will Not Contest, However,
and Are Looking AboufAnxlously
for a Flace to Do Ilultle.
JUDGE'S DECISION EESEEVEP
i"'" V. il i EWIP'Mi )' ', " 1lMiyywiililljpppjliwiMpMiJil' I i i II nil f bw II J iiMiiiiiminiii MiWIjlH) n hi.iiif inini , flip i i i i,
, T v-, v ff 2gL J i
, - - - - . " i
OL. 3. yo. 54. " 'jf WASHINGTOar. D. C., SATOTDAY, OCTOBER 5, 1895. ONE CENT
Gays tlie Chinese Are Nice People,
That Disorders and Riots Are Due
to War Excitement and That tbo
Chlnc-so Empire Presents tbo llest
Missionary Field In tlie World.
Minneapolis, Oct. 5. The house of depu
ties or the Episcopal convention tills raorn
lDg Tefused to adjourn to attend the mass
missionary meeting at the Lyceum Theater,
at which ex-Secretary or State Foster Is
to be the principal speaker, having come
from Washington for the express purpose.
Ex-Secretary Foster delivered his ad
dress at the Ljceum Theater this after
noon. Alter discusslug various phases of
missionary work in the Orient, Mr. Foster
discussed '.he late war of China and Japan,
saying tb.it its ultimate effect would be a
greater opening up of the country to the
missionaries, and that, while in the pres
ent and immediate future disorder and
riots might be expected, tlie country would
resume its normal conJttiuu, with greatly
Improved facilities for Christian cangcllza
tlon. Reference was made to the exercises
attending the opening of the new building
DC St. John's Episcopal College at Shanghai
In February last, at which Mr. Foster was
present, and which lie described as a most
Interesting and notable event, attended by
the Chinese magistracy and high officials
of the province.
In this connection the educational and
medical work ot the missionaries was
GOOD MISSIONARY GROUND. .
No backward steps should be taken In
China, as the speaker regarded it as the
most hopeful field for mission effort to
day in the world, notwithstanding U-e
present disturbed condition ot the country.
Christianity had made considerable
progress in Japan, but It had not kept
pace with the development ot the other
elements of Western civilization. Its par
tialallure in this respect was attributed to
the opposition and indifference ot the nom
inally Christian people with whom the Jap
anese were brought In contact in commerce
and official life.
An encouraging feature of the missionary
movement in that country was that It bad
reached a niucli larger proportion of the
higher and influential classes than hi any
ethercountrj In Asia. JapuucscpatrJotism,
greatly heightened by tlie results of the
war, had a tendency to lend the mission
comerts to set up a national church, or
a kind of Japanese Christianity, and they
were restless under the restraints of for
eign control: but the Japanese Christians
"were nn earnest and sincere body of believ
ers and the apparent friction would doubt
Jess pass away. p
PRAISED THE CATHOLICS.
Wlille tlie review ot tlie mission field
was mainly devoted to the labor ot tlie
Protestant churches, high praise was
given to the Roman Catholic mission
aries, whose deotion and success were
The sumrairg up of Mr. Foster's obser
vations on foreign missions was highly
favorable to tlie prosecution of the work
by the churches In America.
Fractlcally tlie whole world was open to
the missionary, the various mission boarda
were better equipped than ever for doing
effecthe work, the schools and colleges
established In heathen lands can turn out
all tlie native workers that the liberality
of the churches at home can support, and
the gTeat need of the mission cause to-day
Is not so much men as money to carry to
uccess the Cbnstianization of the world.
POSSIBLE GIHL MCHDEHEltS.
Two Young Women Held for Injuries
to Their Grandfather.
New York. Oct. S. Abraham and Re
becca Koenig, aged 18 and 17 respectively,
of No. 78 Cbrystle street, were remanded
back to the Eldridge street station house
by Magistrate Cornell, la Essex Market
court, this morning.
About 9:30 o'clock last night Bernard
Goldberg, 70 years ot age, the grand
father of the two prisoners, was found on
the sidewalk In front of his residence In
an unconscious condition.
He was removed to Gouvemcur Hospital,
where he died at 3 o'clock this morning
without regaining bis sense. He had
either fallen or been thrown from the front
window ot bis room, which is on the sec
The police made an investigation and
learned that he was reputed to.be woiAh
from $10,000 to $20,000 in money and
Jewelry. They also ascertained that he
and his wife, who Is 65 years old. Is con
stantly quarreling with their grandchil
dren, mainly over money matters, and on
frequent occasions It seemed as If blows
were being struck.
The prisoners told the policeman that
they were in bed by 9 o'clock last night
and knew nothing of their grandfather's
NO XEWS FROM THE COLON.
Spanish Minister, Do Lome, Informed
Cyclone Is Still Huglng.
Philadelphia, Oct. 5. In an Interview
to-day with his excellency, the Spanish
Minister, Senor Dupuy De Lome, he in
formed a representative of the United
Press that he had received no detailed In
formation relative to the loss ot the
cruiser Cristobal Colon. His sole knowl
edge la based on the following official tele
gram: Havana, October 2, 1895.
To bis excellency, the Spanish Minister,
Washington, D. C:
From noon of yesterday wo are under
the Influence ot a cyclone. Bains have
been so heavy that in nineteen hours one
evenlh ot the average rainfall for the year
aas fallen. Cristobal Colon has been lost
n the keys reefs otf the coast of Mantua,
Erovince. of Plnar Del Bio. Everybody
ived excepting three sailors.
Fheoulx. Ariz., Pet. C The stage from
Florence, was held up by a lone Mexican
horseman at the crossing of Dry Luke,
eight miles west of Casa Grande station, on
Southern Pacific Railroad, Thursday after
noon. Through the bravery of A. J. Doran,
president of the Territorial legislative
council, the highwayman was all but cap
tured and forced to make a hasty flight
without stopping to secure his booty.
The bandit, who used no disguise, slopped
the stage In a lonely locality.
The only passenger was M r. Doran, who
passed over "some silver while looking
Into the muzzle of a revolver. lie was then
commanded by the road agent to cut
open ttii mail sacks.
The robber, who spoke good English,
grew careless as be cursed his luck and
was kicking around ,111c mall matter,
when Dorau Jumped upon him, grasping
the pistol barrel Just as the weapon was
The driver started to Dorau's assist
ance, but the robber tore loose from Doran
and mounting bis horse, rode rapidly
A sheriffs posse is on tlie trail. Four
hold-ups have occurred at the same place.
MILLIONAIRE IN HIS MIND
Josiah Ponltnay Heir to $100,000,
000 anl Seat in House of Lords.
Greatest Layers of San Francisco
Ha i Taken Up His Cause mid Are
Mot Ins on Great Ilrltalii.
Ban Francisco, Oct. C In a humble house
in Nalonia street In this city, in circum
stances far from ensy,Jies Josiah Poull
ney, heir to tomelhlng like 5410,000,000
and Incidentally owner of a scat In the
upper house ot the- British Parliament.
At least that is the story he tells, with
almost Indisputable evidence In bis pos
session to substantiate it. he has had tcry
little trouble in procuring the assistance
of several well known lawers.
There are now iutereted in the case J. A.
Hale, cx-dustriet attorney of Santa Cruz;
Judge Walter II. Levy, W. H. H. Hart, and
Joseph I. Kelly.
These gentlemen think so well of the
proofs submitted by .Mr. PouHuey that at
a meeting held yc-terday at the office of
Judge Levy, they decided to send Mr.
Kelly to England to secure the one link
in the chain of evidence' connecting their
client with the hundreds of millions left
by Sir William Poultney, prominent in the
social and political history of England.
This gentleman was, during his 'iniu, a
barrister of great note and at on j Mine lord
of the cxi heq Jcr. In 1810 hedidl.-i'estatc,
lcavlngancstateivorth many millions The
San Francisco claimant has filed with his
attorneys a clear statement of Ills relation
ship to the dead Sir William Poultney and
a general summary of the property owned
Thcattorneys who have taken -ip t!f cause
of the San Francisco claimant -ire insltivc
of ultimately securing the estate lor their
client. There is one missing link. Mid it is
to pick this up If possible that Mr. Kelly
willmakcthe trip to England.
They say that this Is not absolutely ucc es
sary to the success ot the cause, .h rjgh with
out It the present trustee would in"-t yield
the $400,000,000 without a long n-gal
WAS XOT A COWIIOY.
Hard Fate of O'Oonohue, the Noted
Babylon, L. I., Oct. 5. Thomas O'Dono
huc, aged fifty years, a trainer of horses
for Henry B. Hyde, president of the
Equitable Life Insurance Company, died
this morning from injuries rccched while
breaking in a mustang.
On Tuesday while drhir.g along the
south road, the animal bolted and -put
his head between his leg9. He kicked
O'Donnbuc in the head and threw him
against the fence.
No bones -were broken, but the man
was badly injured Internally, and was
unconscious when picked up.
O'Donohuc was very well known on the
turf. He had trained hundreds of blooded
horses and was formerly "employed by
George Lorillard. He was a native of
Ireland, and leaves a widow und several
HELL AT FETEHSBtrnG.
Great Demonstration at the Ancient
Town In Virginia,.
Petersburg, Va., Oct. 5. When the train
bearing tho Liberty Bell and its official
escort pulled Into the Union station at 9
o'clock this morning, thero were fully
2,000 peoplq there to get a look at the
The official escort were met at the
depot by Hon. Charles F. Collier, mayor
ot Petersburg; the city council and other
officials of the dtv. The address of
welcome was delivered by Mayor Collier
and responded to -by" Hon. Charles F.
Warwick, major of Philadelphia.
At 10 o'clock' the train with tho bell and
escort left on Its way to Atlanta.
Jockey Instantly Killed.
Cnartotte, Mich., ,Oc,t. 5. At the race
track yesterday. In the half mile run and
repeat. Choice Wines stumbled and fell,
throwing the rider, Thomas Gillespie, and
roiling on him, killing him instantly.
Not a Bike Professor.
,New Haven, "onn.0ct. G. Prof. Albert
S. Cooki the head of the English depart
ment at Yale, broke one ot his legs last
night through a fall from his bicycle.
THE NEW LIBRARY
W' .. - - 1
As It Now,Lookwith theEenceDowii
IN EVENT Of 1 REFUSAL
What May Follow if England De
clines to Arbitrate. -
PBESIDENT STANDS FIEM
Monroe Doctrlne.lt Is Declared, Will
Be Upheld, and a War Seems to Ho
a I'ossiblu Contingency Should
Ni-itlier Country Iteeede From Its
The statement printed yesterday in
The Evening Times to the effect that
Secretary Olney has not only once but
thrice directed Ambassador Bayard to
lay before tlie British foreign office the
most vlorous protests from this Govern
ment against further encroachment upon
Venezuelan territory, has attracted gen
The last Congress, which was Demo
cratic, directed, In a Joint resolution, that
the President should use the good offices
of the United States and make every possi
ble effort to have the boundary dispute
between Great Britain and Venezuela sub
mitted to arbitration.
It was apparent from the outset that
Great Britain would make certain con
cessions, but that the limits of British
Guiana would be extended far beyond the
Schomburg line, which was long fixed as
the point ot demarcation.
As a consequence the traditions of the
Monroe doctrine must be abandoned or
the Schomburg line cease to figure in de
termining the geographical bounds of
This simple proposition then became the
subject of earnest consideration by the
President and his official advisers, stim
ulated by the declaration ot Congress hi
favor of arbitration. There was but Ut
ile range in the Eelection ot courses to be
pursued. The position was similar to a
man on a slowly settling bridge he must
either rush forward, or turn and hurry
While serving as Attorney General Mr.
Olney had, by request of the President,
exhaustively examined the disputed bound
ary lines from a legal standpoint, and
formulated a report which convinced bis
associates in the Cabinet that the passive
permitting of Great Britain's further en
croachments upon Venezuelan territory
would completely stultify the Monroe doc
trine. And hence It came to pass a short time
afterward that Mr. Olney, as Secretary
of State, was called upon to carry Into
effect the Identical policy he had outlined
is the chief legal adviser of the Govern
ment. M E. BAYARD'S INSTRUCTION'S.
The first emphatic protest against the
policy of England In absorbing additional
Venezuelan territory was sent to Am
bassador Bayard more than two months
ago. Since that time, in the course of
diplomatic correspondence, two more re
monstrances have been transmitted.
While these protests do not mean war,
To Messrs. Corbett, Fitzsimmons, et. al.
they do mean that cither the United States
or Great Britain muu recede rrom the
position assumed in regard o Vemucla.
ououiu notii nations adhere to their
determination, as now diplomatically
it simply brings up the old mathematical
proposition as to what the toiisequenccs
will be when irrelstlb!e motion comes In
contact -with an iaitfiovabSe body.
It has been suggested Hot the recent ac
tivity of Secretary Olney In this matter is
due to a desire to offBct antagonism of the
Administration's foreign policy from a
Republican Congress, but .whether politic!
had anything to do wKh.)tor not, It-Is-certain
that the President K taken a very
firm stand in this matter, and that the
Venezuelan question will bethe most Im
portant diplomatic topic for some time to
HILLIKEN LAIS VERY LOW
He Beaches the City to Plead to
District Attorney Has Fixed No Date
for Ills Caseand the Gentleman
Is Keeping Qnlet.
Benjamin Harrison MllUken, who was
clerk to the Joint Senate and House com
mittee appointed to hear evidence bearing
on the Ford's Theater disaster and deter
mine the amount to be paid by tlie govern
ment for damages sustained by those in
jured, has returned to thCjClty.
He arrived yesterday afternoon and
registered at the Congressional Hotel
as "Harry B. Milllken, Memphis, Tcnn."
Beyond this slight transposition of his
name he has apparently made no attempt
to conceal his Identity.
It had been cxpested that Mr. Milllken
would appear last Wednesday, morning in
the criminal court to plead to an indict
ment returned by the grand Jury charging
him with having forcibly entered the resi
dence of Judge Samuel Fj Phillips on Rhode
island avenue July 4 last
It was subsequently explained by Dis
trict Attorney Blrney that Mr. MiUlken's
bond was a continuous one, and that Judge
had assured him that his brother would
appear and plead when the case Was ready
Mr. Milllken was notat his hotel this
morning and could not subsequently be lo
cated. None ot his friehds were able to
give any Information as to the purpose of
bis presence here at this time or as to
whether he will remain until after his case
comes up In court. No future date has been
fixed for the arraignment.
Put Your Ad.
In Two Editions
FOR THE PRICE OF Oil
Engineer Killed and'Otber Workmen
Hoboken, NT Si.'OcufB. The big fifty
thousand pound fly cwpeel, attached to
the rive hundrecT horsepower Corliss en
gine In the Fourteenth street iwwer-house
of the Hudson. Electflt Light Company,
burst, this morning.' -j. v
Carl Anderson, the hjiad Bight engineer,
was kllled,-and-bis-body was found on a
girder near, the. roof "ofi tie engine room,
25 feet 'aboveT-the" enjtfci. tfm. Gogges
wcll and.Wm.,riergoo, ifilstant engineers,
were .badly Injured., ',.
One of the maselvctileces of Iron .was
burled through the' dynamo room, smash
ing some! or ibe dynaraoBiand tearing a
hole through the fifteen-inch wall ot the
Beveral boles were also torn through
the roof. Another portion of the broken
wheel flew" back into the boiler room, tear
ing up the floor. 'UarUnKUne, an em
ploye, jumped from a, tbitd-story window
and was badly injured.? f The plant was
damaged to the extent of ,,$25,000.
Dropped Dead M$ tire Street.
Saginaw, Mich., Oct. 5. Gilbert W.
Lodlle. nudUorvpf theiFHnt & Pere Mar
quette RailroadComj-inJ, dropped dead
oq lliinilin lliil" ii iilMfiJuiilii nl trouble.
He7came-' here fromlWCBK.N. ?., and had
MCOauwwroittecoHBtBrMr thirty yean.
PEM TRAVELED U
As Plain Mr. Price He Hid His
HEJJOTHOME LAST NIGHT
In Philadelphia He Adopted His DIs
eulse and Avoided the Itnsh His
Alodeity Still-Lingers and He De
clines to Discuss the Frutts of Ills
Lieut. R. E. Peary, of more orless Arctic
fame, returned to Washington last nigh
with his wife and drove directly to the
residence of his mother-in law, Mrs. Mag
dalene Dicbitscb, 2011 Twelfth street
The- lieutenant kept well within doors,
and up to noon had not reported his arrival
at the Navy Department. The explorer
seemed desirous to avoid a public demon
stration In honor of his return, and hap
pened to bo out when The Times called
that is. The Times was Inrormcd he was,
and It might do a slight injustice to some
body to insinuate that this piece of lnfor
niation was not strictly accurate.
Lieut. Peary and wjfe reached Phila
delphia from New York on Thursday night,
and, wishing to avoid the embarrassment of
a municipal reception, registered at the
Colonnade Hotel as Mr. and Mrs. Price.
Just why the officer selected this name Is
not clear, unless it is because it contains
three of tlie same letters and an equal num
ber of letters to be found in the name
MR. PRICE WAS CLOSE.
At Philadelphia Mr. Price was a sphinx
to the interviewer who wished to discuss
Greenland, and It Is alleged that he did
not profess to "know any more about that
region than men who did not get tncre
at all. Yesterday afternoon the couple
left Philadelphia and reached Washington
The Times called at No. 2014 Twelfth
street to-day. Mrs. Dicbitscb was strolling
up and down the sidewalk holding by the
hand pretty little Marie Peary, the "Arc
tic baby." The limes asked if Mr. and
Mrs. Price were at home, and the old lady
smiled knowingly and after a slight
panic of countenance said that be did not"
Then she was asked if Lieut. Peary was
at home, and if he was at home was he
at home enough to be seen. Although her
son-in-law has been absent a long time, and
although he only returned last night, and
although she had not been nway from the
house twomInutes, she said, even with a
display of candor, that she really did not
know whether or not he was In, but she
She went upstairs to the front second
story room, and after holding a subdued
conversation in soft-pedal accents with
somebody, came down and looking the
Times squarely in the eye said that neither
Lieut, nor Mrs. Peary was in.
LEFT VERY EARLY.
They had left the house very early in
the morning to go she knew not where,
and to return she knew not when.
She had to go upstairs to find out that
her daughter and son-in-law had left the
house early In tbe day. She did not k
how she got this Information, but tl.o
Ilejteuaiit had probably left a note under
(he'foot ot bis bed.
Mrs. Dicbitscb said that her son-in-law
did not look bo bronzed as one would
Imagine, and he bad not grown a Teard,
but had brought back his usual mustache.
She bad not heard him talk very much
about his triumphs and victories and suc
cesses and other things In tbe ice-blocked
She did not think that he would return
to the Land of tho Midnight Sun.
No, really he was not upstairs; he had
gone out ycry early in tbe morning, she
knew not where, and to return, she knew
Died ot Alleged Hydrophobia.
New York, Oct. 6. Yo jng William Green
wald, who was taken to Gouvcneur Hos
pital last night suffering from what ap
peared to be hydrophobia, died In great
agony aft: 30 o'clock this morning. He had
been bitten abontr six weeks ago by a cat
which appeared to be mad. House Surgeon
Cronk said this morning that Greenwald
Dallas, Tex., Oct. 8. The lawyers have
discovered a flaw In the anti-prize"flght
bill enacted by the legislature Wednesday,
and claim that It is unconstitutional.
One or two members ot the legislature
who voted for the bill claimed that it was
unconstitutional at the time.
However, the attorneys ot the Florida
Athletic Club will not continue the legal
struggle against those who arc opposed to
prize fights in Texas. There is no time for
litigation it themen meet on October 31.
Joe Vendlg will be hero to-morrow, and
Monday he will meet Martin Julian and
W. A. Brady and Daniel A. Stuart at the of
fice of the latter In this city.
The situation will be discussed, the
bids of towns anx'ous for the right will
be considered, and perhaps a place will
be selected where Corbett and Fitzsim
mons can fight without interference.
Monday night something definite will be
Peter Mahcr feels discouraged over
the outlook, as he is very anxious to fight
GENERAL ALGER SA1S IT
Eeed, McKinley and Allison Mo3t
Talked of, Bat There Are Others.
Tariff Will Be mvlsed If ItepuhVeans
Succeed, Especially WoolSchedale,
. But Sller Is Not in It.
San Francisco, Oct. 5. Gen. Russell A.
-Mger, of Michigan, arrived here yesterday
on one of his business trips to look up
his lumber interests and will remain about
a week. He was asked about the outlook,
in the East for the next campaign.
"Tlie feeling is ery general that the
Republican party is sure to win. McKinley,
Allison and Reed are the candidates mosjt
taUed of now," he said. "Of course, Har
rison is always a possibility; but I think
that the public sentuuent has crystalized
upon the three I mentioned.
"Morton, of New Vork, Is talked of now
considerably and If the New York dclcga
tion should come to the convention unani
mous for him and make a strong fight, be
might be a formidable candidate.
"It Is generally understood that the Re
publican party, once in power, will revise
the tariff. 1 don't mean by revising the
tariff that we shall go back to the ex
treme measures of the past; but in some
tilings, predominantly wool, there will be
"So far as I am able to Judge, the ex
citement about slher has largely sub
sided. One hears very little compared
with what was heard a year ago on the
An international agreement, however.
looking toward the larger circulation of
gold and silver, will meet wlth'the hearty
responses and rejoicing ot all parties. I
think that this is a question that should
be taken out of politics"
ATLANTA'S CHINESE" TOWN.
Inspector Schart Makes a Scnutlona
Report to the Department.
Atlanta. Ga., Oct. B. J. Thomas Scharf,
United Slates Chinese inspector, who was
sent to Atlanta to devote his attention
to tlie Chinese village, at the exposition,
has sprung, an international question In a
report which he has mailed to the Secre
tary of tbe Treasury.
The report makes some exceedingly In
teresting revelations in regnrd to the
inhabitants of the village and the pur
poe for which they were brought to the
He charges the Government inspector to
Ogdcn"burg, X. Y.. where the Chinese were
admitted, with the grossest negligence in
examining and parsing them, and suggests
that the American consul in Hong Kong,
from where the Celestials bound for
Atlanta left China, be called upon to make
He exposes what he claims is tbe scheme
of a big Chinese company to evade the
Geary law and illegally recure admission
into till? country of 206 Chinese men and
women a scheme by which' the company
will make thousands of dollars profit.
Mr. Schart says that lie had only begun,
and that before he finishes he expects to
have the Chinese colony so well under
the government's eye that there would
be no possibility of any of their number re
maining in this country.
ANOTHER SPANISH MISHAP.
Reported nt Madrid That One Mom
Cruiser Is Lost.
Madrid. Oct. 5. The nrraldo prints a
special dispatch from Haana saying:
"It is reported that the cruiser Comic de
Venadito has been lost."
The official telegrams received from
Havana make no mention of any mishap
to tlie Conde de Venadito and it ie therefore
believed that the report published in the
Heraldo Is unfounded.
The Conde de Venadito is one ot the
vessels'that were sent a few days ago to
the scene ot the wreck of the cruiser
She is an iron, bark-rigged screw ship
of 1,130 tons and 1,500 horse-power and
carries eleven guns. She was built In Car
tbagena in 1887.
TOO QUICK TO PLEAD.
Queer Predicament of Flfty-ono St.
Joe Liquor Sellers.
St. Joseph, Mo., Oct: 5. In the United
States court yesterday fifty-one saloon
keepers pleaded guilty to the charge flf
not cancelling stamps on liquor barrels.
They were greatly surprised when they
learned that the least punisSmcnt for tlie
offence li a year's imprisonment and a
fiue of S5C0.
Tlie court lias u-pcnIcd --cntence in
order to allow the iarlics to appeal to
President Cleveland for pardons.
o Bit .
Hearing on the Habeas Corpus Writ
Attracted a Lurco Crowd to tbe
Courtroom Legality of the Offi
cer's Arrest Asserted by Military
and Denied by riaintiff's Lawyers.
The case of MaJ. George A. Armes, who
was arrested at tbe order of Lieut. Gen.
Scbofieid, Acting Secretary of War, for
writing him an alleged Improper letter,
came up for bearing before Judge Brad
ley at 10 o'ciock.tbis morning on the peti
tion for a writ of habeas corpus filed by
MaJ. Armes' counsel.
Every seat in Judge Uradiey's court
was filled, the audience being largely
composed of lawyers' and law students.
Proceedings in the case were Immediately
begun alter two or three civil motions had
Jeen disposed of by the court.
At the lirst hearing of tbe case last
Saturday Col. Closson, through Lieut. Cutn
mlngs, made a written return in reply to
the court's order to show Immediate causo
why MaJ. Armes should be longer held,
in which he set forth that he prisoner was
held by order of Gen. Scbofieid, in which,
no cause of arrest was specified.
AMENDED TnE RETURN.
Mr. J. N. Morrison, counsel fur Col.
Closson, began the proceedings to-day by
offering to file an amended return, as was
exclusively predicted In this Morning's
Times would be done.
This was objected to by Mr. Ralston, ot
Messsr. Ralston & Siddons, attorneys fur
MaJ. Armes. Mr. Ralston said the amend
ment was bad, and that If the court didn't
admit It, it might be dono any time prior
to judgment. He closed by suggesting tbe
withholding ot its allowance uutll the case
Mr. Morrison contended that a return
and an amended return should first follow
the petition, and that the petitioner then
bad an opportunity to demur.
Judge Bradley sustained Mr. Morrison
in this and gave him leave to file and
read the amended return.
"We then ask for the dlscnnrge ot MaJ.
Armes on the amended return, as filed,"
said Mr. Ralston.
Mr. Morrion read the amendment, the
coctcctof which was printed excljsivcly la
The Times this morning. It inc-laded the al
lesed objectionable letter written by MaJ.
CXTEXT OF THE OFFEX3E
Tbe fitth section of the amended retarn
related" that "he said Scbofieid, as Secre
tary of War, deemed him, said Armes. to
have committed in said Schofield's pres
ence, and within his personal knowledge, a
grave military offense In writing and caus
ing to be delivered said letter."
The act was described as highly lasubor
dinatcand to the prejudice ot good military
discipline as well as conduct unbecoming
a gentleman and an officer.
The i barges made against Gen Scbofieid
in tho letter were unjust, false and Im-
Article 65 or the Army Regulations, which
specifies that officers charged with crime
shall be arrested and confited in any bar
racks and deprived of their swords by the
If the officer leaves without authority
he Is to be dismissed from the service.
Mr. Ralston replied to the War Depart
ment'o case in an eloquent ami earnest ap
peal for his client. lie explained that MaJ.
Amies was not under Gen. Schofield's com
mand, and is only under limited obligations
to the Secretary of War. IJeis subject onlyt
as a retired officer, to the rules and ar
ticles of war. There was no military law,
though, to Justify the arrest.
De read tlie 63th article of war recited by
Mr. Morrison in his amended bill and said
that Maj. Armes did not come under itspro
visions in any sense. Tbe arrest had been
made without a charge and none has yet
been submitted against him.
RIGHT OF ARREST.
Article 21 of the rules provided that an
officer could be arrested without showing
a charge only when the arrested one was
taken in tlie act of participating In quar
rels, affrays or disorders.
'Clearly that rule had no application to
Maj. Amies. The la w provides, Mr. Ralston
said, that the accused mu-t belong to some
troop or company. Maj. Armes belonged
to no snperlor officer.
"But thre is a more important reason
that reflects discredit on the return and
makes it an unworthy return," said the
lawyer. "The general ot tbe Army knew
he had no right, and has now attempted
to build up a right for tbe order of arrest
"Gen. Schofield claimed that Armes
committed in hie presence an offense that
would come under article twenty-four. It
was not In his presence that the alleged'
offense was committed. Suppose Maj.
Armes had sent the letter from San Fran
tifco. instead of sending It In by a messen
ger? The former could not come under tho
rule. How could the latter?
"A man rhould not be allowed to maka
oe rr transient circumstances to ve-nt bis
spleen on his fellow-officers. There are no
charges against MaJ. Amies, the war rec
ords 6how none and the return shows
none." "I want to dispel the Idea that there Is
a conflict between the military and civil
authorities," began Mr. Morrison, in re
ply. "Capt. Armes Is still a member ot
tbe military establishment. Capt. Armer
thinks the military bas cxcecdetl Its au
thority, and the conflict Is all in catnn.
We are willing to come Into the civil
court to see whether we have authority
to hold him pending the Investigation.
MR. MORRISONS CONTENTION.
"According to the admissions of the
other side, .we have nothing to show but
that Gen. Schofield, as Secretary of War,
had power to put Armes under arrest. The
Impression is given that retlreil olficers
are exempt from military laws, but the
law provides that they shall be subject
to tbe same rules governing those officer
in active service, nnl they will be held
liable to courts martial for the violation ot
tbe same rules."
"It has always been held." continued Mr.
Morrison, "that civil courts cannot pas
Continued on Second Page.
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