Newspaper Page Text
Hii a larger elrealatlon thai
ny other newspaper la the re.
gloa comirlseit by the state of
Tennessee,- Mlulxlppl, Arkea.
Ui Alabama, Inu aud Loa.
Bni a larger dall j elroutatloa
than any other newspaper I a
Tennessee, SIlMUCppl, Arfcaa
aaa, Alabama and Texas.
MEMPHIS. TENN., SATURDAY, JUNE 15. 1SS9.
VOL. XLIX NO. 140
A V .rib s .AV .A a.
ws III II III III III ,SLR?ifc
jmj tukmi josst
Tho Evidence Grows Interesting.
The Plaintiff Introducos an Edito
rial of tho Tenne3saa BiptUt.
This DscHrea That Hia Name Is
Not Howard, but Howlett.
A Number of Stronar Dopositiona
From England Given In Pull.
Anions Them Ii One Prom an Old Man
By the Name of Howlett, Who
Claim That Ha I Thl
Fpfclnl Dl.pnleh to The Appeal.
Jackson, Tcnn., Jumi 14. Tlio plaintiff,
Howard, read tho following editorial from
the Ttiiine ttitist, edited by Dr. J. R.
Graves, of May ID, 1880, calling uttcntion
to thu articlo published la that issue enti
tled "Mask Removed:"
"In this isstio appears tho article, 'Mask
Removed,' which will also apix'ur iu tliu
UniitM tifjU eUir this week, over tho names
of the principla members of tho Rnptist
Church ut Jacknon, Tcnn. It is by them
regarded as necessitated by tho hostile at
titude this Kldcr Howlut, alias Hewlett,
alias Howard, has assumed toward tho 8.
W. B. University, its faculty manage
ment, as well as the First, Baptist
Church. These broth re u claim that
longer forbearance. . would not bo a
Christian virtue; they think tho denom
ination generally should know just how
much credit ought to bo given his slato-nu-uts.
I lo has chosen to w ago a deadly
war on every religious institulion dear to
tho Baptist heart in Jackson, tho uni
versity and the church, and in self-dcfcnso
and in defcubo of the sacred interests prov
identially placed in their chargo, they feel
called ii jon to strip the musk from this
veiled prophet and so put It out of his
power to inflict further injury upon them
and their chaiucs. Tho questions now
urgent ore: What is Mr. Howard's real
namcT Why has he twice changed bis
name? How innny times does ho claim to
hive been converted, and w hich ono docs
Lo banktm being the real one? That ho
was a terribly wicked man before his con
version bs fully admits, but the exact date
' 7r that real conversion is demanded of
him, and when, and by which church ho
was baplizod and ordained."
S JMcndanta then introduced tho follow
ing di'iKwilions to provo the identity of
plaintiff: Thedcpositionof John llowlott,
Sr., w.is first read: I reside in Trafalgar
I'lace, Kdinonton, England; am a retired
poliromau and sergeant under bailifl" fur
the County Court of Kdinonton, and vacci
nating olliccr. I have evory reason to be
hove that plaintifl, Frederick Howard, is
luy son. I never saw a person who so
closely nscmbles my son as plaintiff. I
had two sons named John and Frederick.
Certified copies of their births are produced
to mo and I mark my namo thero.
Imposition of Mary Ann Howlett, the
second wifo of John Howlett, Sr.: My
ago is fifty-ono years. I often saw Fred
Howlett before bo went to sea. I think I
rccognlxo tho plaintilf, and ho looks very
much like uiy stepson Frederick Howlett.
Thu photograph bears the rescmblaucs of
iViiositinn of K. C. Randoll: I live
at Kdinonton, Errand. 1 know John
Howlett, Sr. Faght years ho has been
bailiff in the same County Court in w hich
I am engaged. He introduced a person to
me as Ins son Frederick about four years
ago at tho County Court office at FMmon
ton. He asid ho was a Raptist minister
and a I.H. in America. I recognise the
photograph shown mo as a strong likeness
of tho man he introduced to me as his
son. There is a strung resemblance be
tween John Howlett and the photograph.
The deposition of J. W.Herbert, asais
tant clerk of register of tho County Court
of Faluiouton: I have known John How
lett, Sr., sevon years. He introduced a
person to mo as his son, Frederick, about
four years ago and said ho was a Raptist
minister and a l. I), in America. Tho
picture shown mo looks like tho man.
lVpositlon of John Seaborn was road:
I am a wheelwright I am brother-in-law
of John Howlett, Sr. Married his
sinter. I ought to know Frederick How
lett. I kept him from throe years old and
up. Ho was an apprentice at sea. I saw
hi ni afterward when ho came homo. Ho
had been on a trip looking for a lost ship.
I don't rcmctubcr the name of tho ship.
Ho was very bright boy. Hs was too
harp. He said he wouM not live in Eng
land fur any consideration. He was going
back to Auiorira.
IeKJilisn of Joseph South, London,
England, was rend: I am a contractor to
tho local boarL 1 knew hlin when he was
a loy. Lived in Church Lsno, Edmonton,
I should say, since I could remember well.
We lived next door to each other fur ten
years. Wo went lo school together and
played together. Was with his cldor
brother more than with him, but ho was
with us Iota of limes, It was impoMiblo
to get to the houso where we lived from tho
grass field where we played without going
through tho Ifowletl's garden. Ho was as
ofton on our place as hia own. I should
think no ono could have a fuller knowl
eJ of a boy except Lis brother. I ssw
Iiiiu with his father four or five years ago
In Edmonton wa'klng toward hia father's
Lome. I saw him at Waller's houso ono
night by an appointment niado by Mr.
Walter. It must have been about aix
weeks ago, aa near as I ran remember. I
- was Informed by Mr. Waller something
al out the caso and I was to identify thla
man, whether bo wai llowlott a son or Dr,
Howard. I entered the Zoom. I oevor saw
two moo more aliko, but 1 should not
give Fred Howlett credit to havo pulled
himself together In that tnannor. He went
on to explain and asked me several ques
tions, did I think it was possible for Frod
Howlett to become- a magistrate and a doc
tor of the divinity. I said no I did not
think so, but I said stand up. I thon said
I cannot say that you aro not Howlett;
thero were twonty or thirty persons there
at tho time. I left then. Mr. Walter
called upon mo and brought mo a note
telling mo to attend as a witness. I said to
him I would liko to see tho man hero at my
oflice. Tho reason I asked that request was
that In parting that night ut Mr. Walter's
houso shaking hands ho shrank back.
Boomed to shrink back from the light.
Ho camo to my oflice just after I had tin
ihhed my breakfast; In serving him to my
mind it was Frederick Howlu'.t, I am not
poftitive. I told him bo was Howlett. Ho
went away with tho idea that I thought
so. I did tell him my evidence would do
him no good. I got a bettor view of him
in my ollico than I did at Walter's. It
was light, and I felt certain that it was
Thero wcro various other depositions
read, nil showing that the plaintiff is named
Howlett, and not Howard, as ho claims.
Tho interest in this trial continue to grow.
RACES AT 8T. LOUIS
And Brighton Beaoh Meeting- Opens at
Kansas Olty Today Kntrles.
St. Lot-is, Mo., Juno 14. Thero was a
small attendunco al tbo races today. It
rained hard up to 1 o'clock and the track
was slippery aud even dangerous. Tbo
racing was the worst of tho meeting. Tho
fields were small, and, as a rulo, of poor
First Race Seven furlong; selling; for
all ages. Ineolenco 114, Taral, 7 to 10
first; Sercnader 110, Seaman, 7 to 1, sec
ond; Jeunio McFarlnnd 112, Earned, S to
1, third Kidnap 03, Wellington, 10 to 1,
unplaced. Scrcnadcr mado tho running
until a fnrlong from home where Inso
lence, under tbo whip, came through and
won by a length, tho same distance be
tween second snd third. Time 1:35.
Second Race Half milo; for two year
olds. Miss Maud 107, Stoval, lo to 1.
won: Venango 107, Covington, 0 to 1. sec
ond; Wnttcrson 114, Karnes, 8 to 5. third.
Tho others finished: Jaja 114. Mollis. 3 to
Egypt 107, Nonu, IS to 1; Carter U 114,
L. Junes, U to 1; llessomer 107, Mattox, 4
to 1; Naunio 1 107, Atkinson, 0 to 1.
Wattureon was first away, but beforo titty
yard had been run Miss Maud went to
tho front and maintained the lead, win
ning handily by half a length, a now bo
Iweeu second and third, 'lime (K.T).
llilrtl Itaco lirewers cup; tin lo and a
half; for all ages; 11,5 )0 added. Hindoo-
craft Rai nes, 1 to 2, won; Huntress
10.1, Covington, 8 to 5. second, lliere
wcro only two starter. Term Cotta being
scratched. HewontEnl tonight lo start
In tho Suburban. Hiudoocraft led from
tart to (inih, w inning by a dor ?n lengths.
Tun 2:14 j.
Fourth Race Milo and 400 vanls.
Oarsman 100, Stevenson, first; Lavimi
llc-llo 111, Taral (the entry), 8 to ft, second;
ISouila 8!). Soden. 0 to 1. third. T ho oth
ers Unixhed: Harry (iionn 1UH, Stoval, 4
to 1; Man-htna 112, Murphy, 3 to 2. Oars
man loo: all f no wav, winning In a canter
by four longtbr, a length between second
aud third. Time l-.MJ.
Fifth Race Steeplechase; tho short
course. I.iicro UK), i layucn, even money,
first: Voltigenr 1"4, Humniell, 5 to 1, st-c-ond;
Nettie Watkitis 1 10, Cochran, 3 to 2,
third. Yexator 140, Huston, 0 to 1, fell.
I.iicro made all tho running, and won
caxily by half a down lengths. Time
Tho entries and pools for tomorrow's
Htl ll.ee Hvrn ('irliiiiu wllliif. Itlnn I,
Kvtm.w MJ. i Kluy II l".t tit Jnu H.v
VI. tIJ; t urn rltlwrvw, IU 1-rL U M, tin Xitf W
Rirw llH mile: Ur lo yeir ultv In
dian l-rlmi-M li. V( Wrt Ami Iw), Ia-o lua,
TImi A lii.
Ililr l lui-r-lli. Iilrwlii Htaki-. f..r lhn-jr"'
iU one mile ami iunr. lUvlllnh II.
-i-.rt.-tiir.ti 1:7, fm Jov Couriuif II A, S-U: IjmIjt
lli-inplilll 111, IU
i.nrili si'lllnr, lx furlims. Tutr ft,
I iV kla'l M mil IU ("- AlphoiM lf. tf. Hit
I nmn JtiK W. ..V, Hi.. Iiihl j I '.', NelllrKi-nt
lul, fai; elorrl.tftirs l, lit, Khlimp l-J, t-": I'H
M-.tic .. M.- .) I k ', imt. hum luu, lia,
M.m Team vt. li.i i.wilinv VI. li t
Ulih luix w mill', hi. inn. no HV - Winona
n, vuii iiuuicuce uv, J.xle u i, iij.
Keenlle al llrlahlea Rrarb.
Naw Youx, Juno 14. The weather was
pleasant, but the track was rather slid",
lumpy and moist in places. Tho fields
were largo aud tho contests excellent
Firt Race Fivo furlongs. Starters: l'r
bana 115. lirnttuo 110, I'owWow 10X, Rip
Icy 10S Dijon colt lox, Worxlranre 10",
Rosa Kadercolt W, Millio H l(X', Honey
man 105. Ripley won in 1.00 J, Urbana
second, Grsttan third.
Second Rare Three-quarters of a mile.
Starter: l'.luo Lino, Cniera, Rrightnn,
Secially, Alva. 1'ocaoinnko, Dago, lattle
Jke. tiracie, Ulil Hyc, iemon lilovoin.
TriiinH'lor. irrie won in 1.2uJ; Uluo
Line second, iiagollilrd.
Third Rare Th ree-qunrtors of a milo.
Startcm: Aura, Clatter, Rat Idvver, Rac-
. T,,,. Il.rar.n V!. vi ir.l
lsf, llootblsck, Souvenir, Vevsy, Came
(, (ueanl. Racquet won in 1: 1V; Carrio
U sccoikI. Wunsal third.
Fourth Race Ono milo. Starters: Per
icles. Eluin, Costcllo. Firefly. Hilly Rrown.
Toronto, lxngitudo. Sweet Avon, Single-
stone, l'eltism. rsasport. Singluatotie won
In 1:4), I'cricles second, 1'aiwuort third.
Fifth Rare One mile and an eiu-hth.
Starters: Iturnum, Hilly Rond,. Ten
Hooker. Ronnie H. Ronnnn. Huntoon.
(isllus I'sn, .Miss Coly. Hilly llund won
in 2 101, Ten Hooker second, Rarnutn
Kaea lljr M.eila( Oaaaa TaSay.
Kax.as City, Ma, Juno 14. The in
attgursl race meeting of tho Kanaaa City
Fair Association opens tomorrow with gooj
proajiccta for a successful week, desplto
the desjilcablo action of tho St Louis peo
plo In continuing their meeting. The
events for tomorrow Lave filled well. The
races promlso to bo goxxl and well con
toslod. The entries, wolghts and pooling
for tomorrow s events are as follows:
First Itace Five furloncs; selling; for all
ttr. liridi'ciiijhl 122. ): Ani.x-lim 1ml.
tlil;Slony Montgomery 122, J."7; Mollio
Howell ii, Mam 10 li. 100, Csn lMnco 107,
icrny i.'-i. i-is-cond
Itace Peven inrhnv. all aeoa.
Itonnio King 100, f,&, Tho Elk tn. K",
Aisdonn im, J.x.i; l. J. KusK H'J, 7; Vir
aiiils V:. Himau V li.
Third Race live furlongs, for two-vrsr-old
colts and s-nldimrs. Oueer Tov
liK), $--.0; L II 100, 20; Jim Oglt-by RIO
1 1 a; J1 Armsirong km, 17; veiton nxi,
Jim Qulnn 100, AlabasU 100, llotU 100,
Fourth IUco Ladles' takes,- five for
longs, for two-y.ar-oll fillies. Lu'a B.
!?o0; Gor.io U 10 1. ljuocn Ann,
S2C: Amnlin Ii n !'.. In.-,, nm
Graco Ely 102, $10. '
fiitn Kice One milo; for all nsres. En-
00, S25; Albert Stull 05, $10; Frederic
lli. I.V Lizin II iiv ii, l.t.,. .. ii-)
Churchill Clark 02, Lcmau 120, J5.
Mieepahearf llay I'.ulrles.
New Yohk, Juuo 14. Shoepshoad Day
entries for Saturday:
MM llare-Flve-ttlvlitlia of am Mo, I,oii(r Jack,
BeiKlrlll. Utitd Ki.ii. Illnu llik k ii...... j..- K iuH.
each. Ill; Vioinnie liai, Tlrtuir III. Hot-lnra
nuiviir, umiiurM, iirii-.nuic, ln lino 1x1, Tor
uii'iil(irn!l. tet-onu ltaee FIto fntlimff. .n.1 . Imir PrtuM
lliiwunl, lluai-ix'aa, Torwi, Unl.vrlnu, Hiilnl,
Itilph, ilayunt, Tiiiirnnnivnl, Kiiik ll.i'iil, Ji-rm-y
1'hL Klnlbim:). oui'h. llih 1 imniliv. (I11w.1v. M111I1-
W'. Ke nnlaiKl. rsi li, ID); liruii ami Itlui) 107,
.vt.) im, pianiKiii 11,
'Ihinl Hnc 3il 1 It- mill nnn-olirlith. 1l.nnv(.p 111.
Jou U-e 1 10, Unrruti-allil, llurva 114, lieu llarrlnoii
rourlli Raoo Mile anil s quarter. Plnlilo K7,
Fn.uo l.'J, (ilp.oy Qm.ru I14, J A Hill, 1 ha
. ... i.i.. iu,', wiai-ii .no, .i-iii rii. in.., 111111; lit. . iv,
l.ouitirtvl Km. TYutiv lOl.llnm.K.n lnu UUitiU
(.", May Fi'llimr in, Hey D.'y MS, ham Wm.l IW.
r 11111 muv .mm aim um-o-.uii-i'iiiiii. men
Kclio 101, lirey Uuwn ll, Kin ml 1JS lliinuver,
limiluT llau, burvb, euvb IU; IxuiKotrvtt Hi, Men
tux iic His.
Mxlh lltrv Milo amt throe litrcnth. Innpoe
lor II 1JO, tlkwnoj lis, Kuiii. lis, (Irill.iiniiio lift,
I'uuama KH Wurv 10-1. l'liv-imri l. IVrlclva IM In-
vi-rwU-k. U'lugns lea, Coru-j 100, Uov-ncclo U j, buur
t-evptuh Hare Mile and an tlirhlh nn tho lurt
lnii(rt, llnll.lon, Klmt AlU-innt, Kins lillo, Aimn,
tol.i. ciu-b l.'J: i Hill. r. n. I.uka. hluiu. lull Ikuiil.
cell I.V.; Ulaili-m 12; Hrv'Uil, lUnvoc.l, Krvauu
and Diablo UuubKiil.
Prorlor Hnll Hill mart.
Louisvu.LK, Ky., June 14. Sam Bryant
stated yesterday sfteruoou that, barring
accident rroctor Knott would surely start
in the Chicago IVrby, and probably Come-To-Taw
also. Knott, be states, is round-
lug to aud doing nicely. Rrynnt will
leavo Louisvillo Tuesday morniuir for Chi
cago, taking ten horses with him.
I.mplre Wilkes Nold.
Wixo.(A, Minn., Juno 14. At tho stock
sale Wednesday Capt Kidd, tho well
known Kentucky horseman, sold eighty
blooded horses for a total of $43,000. Em
pire Wilkes, the trotting stallion, was sold
to Kentucky parties for $3.0ii0. Most of
the purchasos wont to Kentucky.
rirrsHCHo, I'a.,Juno 14. Win. Scrapie,
the millionaire dry goods merchant of Al
legheny City, and prouilucntly identified
with various railroad interests in this sec
tion, died at 7 o'clock this morning, after
a long illness, the result of a general break
ing down of his system. The deceased w as
about sixty years old ond was a sclf-uiudo
J. U. Mrlear.
Lot-isvii.Lt, Ky., Juno 14. 'Squire J.
G. Melono, one of the oldest magistrates
in JcflVrson County, dropped dead of
heart disease while testifying in court Into
yesU-rdiiy afternoon. He was sixty-cigut
tiea. arttan.la I awell.
WAsiiiMiTOX, Juuo It Gen. Schofiold,
now acting as Secretory of War, aunt word
to tho Rcpartmcnt this morning that
he was not fueling well and consequently
would remain at home. Tho IVpartmcnt
was thereforo practically without a bend,
thoush a few matters requiring iuunadiale
attention were taken to tlio General at bis
rooms. Ho lias eecn pretty hard worki.il
of lute, having not only his own duties
mid a large extent of tliov? of the Secre
tary, but also tho meetings and work of
the l urtillcation Hoard to attend H. Hie
board has almut finished its Juno laliors
aud tho officers will probably return to
their stations noxt week.
T Mar Mleel I'ralaera.
Wasmmhixis, Juno 11. Tho Navy Ie-
partment today issued advertisements in
viting proposals for the construction of two
steel cruisers of 3,000 tons displacement,
under the authority conveyed by the ap
propriation act of September last The
contractor is required to Kuarantce a mini-
mum speed ol nineteen knots lor lour con
secutive hours. Tho vcsiu-ls are to lie com
plete I in two years and their eoet is not to
exceed f l,MX),(kk) each. Tho rontructurs
are allowed to bid for the construction of
-the hull aud machinery according to their
own desist), or to accept litoao lurniaiiud
by tlie driiartun.nl. Tho proposals are lo
be opened August 22.
Tbe Wall Mas aa eat lllin.
IprrUI l'l.Uh loTtia Ai J.
Corrssvn.i.r, Mia., Juno 1 4. lute
several negroes were bathing in Fermi's
mill pond yesterdsy ono of them became
exhausted in deep water and sank from
sight His companions became fright
ened and swam hastily tirthe bank, leav
ing llieir friend to tils late. Mr. vuiliiim
McCoriiiiu-k, a young white farmer, who
saw.aas uuliirn -! St rs ltlr lliaW IWiliil altt.l
nua m sv. stis's ( r'tsij ssiai uiiii swi's.
by diving, caught tho negro after ho had
sunk the third uruo, and brought him safe
to the shore.
rtal IH.atrh till ha Aerial.
llr.i.cMA, Ark., Juno II. Groat interest
has been mauifcstoil by numerous citizens
In the religious meetings thai have been
conducted for tho hut two weeks in this
city by M11). J. II. Cole. The Major has
met with piirn.imciiai success in ins isoors.
Over lot) citir-ens havo joined the church,
and as tlio work continue man v more con
versions are promiseL Midlines aro held
twtco a day at tho Methodist Church,
where largo crowds aro always in attend
T Well ka.wa s.freH Orrae4.
gXM al ialcb to Tbe A.hmI.
RxowKsvn.Lt, Tcnn., Juno II. Two
well known negroes, I)nn Springfield aud
Rob Taliaferro, Wcro drowned today in
Hiitcble River, near this place. They
were enswing tho river in a skill", when
they were overturned, and not being shin
to swim were lieit They were tcuuiita of
1'ut Means's farm, near tbo Louisvillo k
Nashvillo Railroad bridgo.
JaSse atrial I a Arrealeel.
Pavamxaii, Mo., June 14. Ju lgn Mc
Iiin, prcsi lent of the Savannah Savings
Institution, which failed Wednesday of lnt
week, was srreitcl last evening for receiv
ing ilcMMiiU knowing that the Imnk wits
ilieolvelil. The llabllitli'S of the bank will
reach f Vi,00 and lb assets will be ovor
$l,V),000. Only 60.50 was found in the
A M.Mphla Maa's MleliaB.
Sirl.l Micli lo Tlie Appeal.
Ilm.tv Si Kiitos, Misa., Juno 14. This
evening, while the Memphis accommoda
tion train til switching, T. J. Qulnn, ex
nr.... mi'Mvnm.r and Uu-eiivii blaster, full
under the engine aud his right teg was
crushed in-low mo auoo. lie was a rest.
dent of Memphis.
Alexander Sullivan Mado a Free Man
Judge Tuley Takes Up Hia Caso and
HI3 Bond la Fixod at tha Big- Amount
A Full Synopsis of the Judge's De
cision, Which Explains
Why the Famous Ex-Leader of the Irish
National League Should Not be
Kept In Conflnomont Tbe
CiitCAao.Ill., Juno 14. Alexander Sulli
van was today restored to liberty by Judgn
Tuley. Tbe release was tho immediate
result of Sullivan's application for a writ
of habeas corpus. Rail was flxod at$20,
000, and was promptly furnished by four
well known citiseiis, each of whom repre
sented muny times tho total amount asked.
Mr. Sullivan walked out of court after
having beon less than three days In cus
tody. The Judgo held that the Coroner's
Jury had been influenced by outside sen
timent Seldom, If ever, has a caso drown luch a
crowd as that which assembled this uftcr
noon to hear tho expected decision. The
courtroom was Jam mod and a big con
course of men assembled in tho corridors
adjoining, seeking to catch from afar tho
words from tho Judge's lips.
State's Attorney Longtinecker and Ills
assistant, Mr. Raker, w ore in close consul
tation with Judge Tuloy before he camo on
tho bench. Several unknown men also
entered bis chamber. They wore pre
sumably members of tbo Corner's Jury
who returned tho verdict in tho Cronin
Mr. Sullivan was eoily nn tho scene He
was brought In by Sheriff Mahton person
ally, who escorted hlmtiiruiigh the fudgo's
chamber beforo tha chancellor's arrival, ou
account of tho large crowd at the other
doors. On Mr. Sullivan's arrival bo took
a seat in tho renter of a circle formed by
bis lawyers, Messrs. Trude, Wlndce and
Gilbert, with whom ha entered into a
wbisiiered consultation. A score of mem
bers of tho bar evinced a professional and
friendly interest in Mr. Sullivan's being
Coroner Herts occupied a seat by Judgo
Longcuecker, and Congressman Ijimler
cumo in when everybody was seated, call
ing from the jocular Trtulo tho observa
tion: "laiwleris here; now let the pro
Thero was a wait of Ibreo-quarters of an
hour beforo Judge Tuley reached his court
room. Finally at 3:45 o'clock p. m. he as
cended to tho bench w ith a Tuition opinion
which it soon bec.tmo apparent had been
mndo only after a careful analysis of tho
w holo muss of testimony in tlio caeo and
not as first proposed merely that relating
lo Sullivan alone.
Mr. Sullivan braced himself in hia chair
and kept hia eyes fixed on the Court.
Judgo Tuley said: "f suppose there will
bo no further stctis taken beyond this evi
dence In-fore tho Con-ner'a jury?"
Judge tangencrker replied: "That is all;
there is no additional testimony."
"ilecause, if you bad any the Court
would be compelled to hear it," sold the
Judgo Tuley then, In bis characteristic
matter of fact manner, began lending his
decision, and had not proceeded two min
utes when tho frowns of those Ideutilied
with the prosecution told the drift.
This Is an application (or a habeas 'orpus
writ and a discharge on bail of tbo re
spondent Alexander Snliivnn, under that
provision of tho bill rf rights of the Stale
Constitution which provides that "all t er-
sons shall be bailable by sufficient sun-tics.
except lor capital otlcn- whera the proof
is evident or the presumption great" Tho
prisoner is, aa apiM-sra by the return, held
Umiii a warrant' ibarg ng him, together
with three others, aitli tbo crime of mur
der of tbo killing of the lain Dr. Cronin.
l'.y an array of couna-l the evidenco taken
before tbo Cortiiinr's jury was submitted
lo the court In order Unit tho court might
determine upon that evidence whether or
not the prisoner should bo entitled to ball.
In otlior words, that the court should tic1
cido whether or not the case as presented
against the respondent, bullivun, was a
cane in which the proof is evident or the
presumption of guilt great.
It U clerr that it was from tt.ls hearsay
evidenco in this cawi that tlio Coroner's
Jury obtained tho impression or siiPtioni
lion ultimately that s coiupiracy had becu
formed to murder l'r. I'roi'un. The ques
tion hero is how far that evident e alk-cte
tho rrsHindent, Stillivsu. That la lo say,
how far would he bn sltrcted by the legal
evidence that would be admissible in a
court of law, that would bn admissible
UM)o a hearing before a committing mug
1st rate or a trial before a etit jury.
There aro a number ul iH-rsna w ho tes
tified to the declarations of the deceased,
to remarks and statements that ho made
in connection with the icpondunt, Sulli
van. Mr. Hsggartv's evidence is proha
bly tho moat Important in ouiuoctiou with
the respondent, hulitvuu. And uiion lo
lug asked whether Ihi anid anything to
him, llairirarty, whieh tended lo.liow thut
ho hal mi idea that l'r. Croiiin's lifooiiht
to Ikj taken, the Witncesaiiawcred; "lbat
was my Impression; thnl was tho view 1
took 01 the conversation." Then ho was
asked whether Sullivan used the words;
"Cronin ought to bo removed." Ilo said:
"Not those words exai tly, but that was
inv Impression al too lnuo."
That, I believe, is tiiUluiitially the only
evidence which teuds to show Hint Sulli
van mado a threat or stu-k'tion that l'r.
Cronln's life ought toiso taken. If we ro
Jx I llio doclarations or statements of tbo
deeeafl, Cronin, as to threats that bad
U-e 11 made against h:tu by Sulllvuu aa to
the fours that had tarn excited In bis
mind of his llfo by rcv-m of Sullivan or
at Sullivan's inatlniii.n, there is practically
no evidence bearing "y "l"jn tho ro
l)Uib'iit, Stillivsu. cii'I'l Ibo Ii alimony
ol tha wlloeas, II i.-11 lv. ss to thi-ee
threats, which ba sun Millivau madu la
lfR5. I know of no rulo of law which
will admit tho declarati ns of Cronin
mado out of tho presonco of Sullivan.
Rehire any compiitting magistrate or jury
nil that evidenco would necessarily bo ex
cluded. That Sullivan was prominent in a faction
o what wits called tho Clon-nn-Gael or
United Hrotheihood Association is beyond
question from the evidence; that thero
whs a disruption or broach in that orgiiui
rattion caused by Cronin ond others en
deavoring to investigate certain actions of
Sullivan. Roland und Foely, who coin
posed tlio triangle, is also shown; that a
number of camps wcro expelled and that
Cronin himself win expelled because of an
attempt to pursuo those iuvesligitions is
also shown. And ho was expelled by a
coiitmilteo beforo whom the reHponJenl,
Sullivan, prosecuted. It is a!so in evi
denco that Cronin, after thu two branches
of tho organisation camo together and
charges were preferred against Sullivan,
lljlaod and Feely, sat iioii the jury or
committee thut tried Sullivuu and tho oth
er two iiKin those charges. From what
took laco beforo that committee and from
tbo oilier evidenco in tint case it seems to
bo a conceded fact that Sullivan comid
ercd Crouin his bitter enemy; that ho be
lieved ho as trying to injure him is bo
yond question. And, rut I bnve said, the
tact is patent that Cronin considered Sulli.
van his most bitter oneinv, and ono who
was seeking his life. Cronin is murdered
In pursuance, of a plot or conspiracy. Now,
what was tho uaturo of that conspiracy
from this rvidenccT
Tbo evidenco may bo said to lend to
show that ho was murdered by craoniil
enemies lor revenge grow ing out of matters
connected with this United Rrotherhood
Association. If this was a conspiracy
merely of personal oneuties tho question
occurs, w hat connection had or does tho
proof show that respondent. Sullivan, had
with those pentonul enemies, or tho con
spiracy which they formed to murder
( ronitiT Tho three parties who aro held
by the Coroner's jury in connection with
bun the partiee whom the evidence may
lie suid to loud to show us connected with
tho murder of Crcmin directly or indi
rectly, are nonn of them proven to have
been in particular social, busincmi or other
relations with respondent, Sullivan. There
is no act of bis traced homo to any ol lint
acta diM'loaed by this testimony. Ho is
not shown to have been connected in any
way with obtaining tho horso or buggv
with which Crouin was decoyed away.
Ho ia not shown to be mnue-.-ted 111
any way with any of the parties held with
him, Sullivsu, to have Is-cn connected in
any wuy with the renting of the Carlson
cottnue or with the parlies who occupied
it The evidenco would be just as com
plete as to tho other three defendants if
all testimony in this record as lo Sullivan
wcro obliterated. There is no evidonce
produced showing any act of orgumca
lion or anv ramp, aa such, (or his re
moval. There is still another theory:
that ho wat removed by members ol thitt
orgnnitiilion who were over-n-aloin iu the
en use of their country, for the reason that
they believed, or bad been mudo lo Im
liuvu. that he was a llriliih spv; that they
acted tipoti llieir own motion and wiilnnit
ilirecliuii Irniii the olllrers ol any 1 amp of
the orinininaiitm. As to the set ut the r
ganirttiou of tbo United Hrotlmrbood, it
is alio 11 in tha evidence Hint Sullivan,
about four years ago, or two years ago, in
other suited, resigned and quit all con
nection Willi thu organisation, ho that, If
thia mail was murdered In pursu
attco ol tho ilin-etinit of any cimp
or orgauiz.ilioit, it is not seen how
Sullivan could inlliienco tint action of audi
orgiiuiKaliou, ho not being a lit -mber. If
it were an act of nn orgtiUK iiioti It ran be
said that be was not a iiioiiiImt. Nor is it
shown in the evidence that Nillivnn ever
met with any other cuiiiiurators, thut
there was any common plan lo Im pur
sued by thorn, or that ho bad tiny rela
tions, liitaini-HS, siM-iallv or otherwise: with
Cotlgbhii, I'. O. Niillivaii, or that other
peraon, Wotslrtill', or that lie had anv par
liciilur MM-iul relutious or ItieinUhip with
any oilier iktsou whom tha evidence
Miinls out as iNtitig suhjei t to tho sus
picion o knowing anything wil'i regard
to tho conspiracy.
t think that tho Coi.i-.rr'i jury inliring
Ing in llieir recommendation, or in bring
ing in their finding Hist Nillivsu rilher
was su acciweory or had guilty knowledge
ol the murder, wore largely influenced by
hearsay evidence. Thoro ran Isj no doithi
(rum 1 his tesiiuiony that suspicion points
strongly Inward Ibo npoiidenl; and,
slrsugo lossy, ouo of the strongest evi
dences o( lite intense hatred of the de
ceased pears to havo Urn furuUhed by
Sullivan hiuiecK aunt) the luurder of (.'ro
siit. At tbe lnuo of Sullivan's trial lit
Ircvtat II11II.1I0, I r. Cronin waaonnol tho
Jury or roiuimttoo of aix. Sullivan re
luunstniU'd or proti-sled agaiimt his serviim
ss siu h, and when iha committee met 011
thu 5th day of May lo consldor their re
port, lh received for thelirst limn a coin
itiuiiieutioti or protest (rout Sullivan In
which ho thatged not only that
( mil in was ail enemy of bis, but
that lio wua a perjuror snd scoundrel
and went into some siecillc chargi-a in de
tail. Certainly a protest or document
whieh shows, ns I said, a most bitter an I
malignant hatred of Cronin. Although it
may bo said that thu (act that this iloru
incut was not made public until two or
three weeks ufler tho killing ol Crolllll
might lo urged as a reason why Sullivan
was not engaged 111 that conspiracy to kill
Cronin, ss aeonalhle, reasoning man, ho
might have known if ho waaeiiKaged in it
the bad ruoct tho production ol sin ha pin
test would have upon biiuiwll and hia con
nection with the charge. It Seems sluneit
impossible lo think that il tin was snd
knew he was a party to this conspiracy be
rould ever Itnve promulgated that protest
two weeks after Ir. Cronin was iiiurdereil.
The evidonce Miiuta lo Sullivan as s per
son who in connection with lr. ('nuilu
inlgbl have a revenge to gratify, but fails
lo show any direct threat or any overt act
toward Ibo gratification ol that revenge,
or any connection with any act shown
by the evideTjce to have been committed
in connection with tho lutirdur. Hut tha
Coroner's jury evidently knew this fai l,
and II is apparent from their verdict thai
they had lnl got to thu bottom ol this chip
Spirary. Ihiirnisno doubt but that they
undoubtedly be'levo that Sullivan was
connected with this conspiracy, and, sa 1
said, largely upon hearsay evidence. Nor
do I say that they fa Hod In their duty
In recommsndiiig that ha hn lull to
answer to this charge. They did not. how
ever, rcronitncud that he bo held without
bail -a very common and usual lorui ol
verdict where the proof Is evident or the
presumption great It is the duty of the
Coroner's Jury to requiro that everyone
bo held sgiiiust whom thero la any proof
In ronneeiioti with a i-rimo or oOouae, aud
1 think il also their duty whore tbo evi
dence Is clear or the presumption of giuil
great to rrcooimuud that they ba held
Rut, UHin a raroful roajlng ol this tcti
inony aud striking out Iroui tills teatiui'iny
all but the leg.d evidence, 1 cauuol, sni 1
think no i m partial man can, mako up my
mind it would bo poisihlo lor any jury to
convict tho respondent, Sullivan, on ihat
evidence alono. That is 0110 of tliu tests
as to whether the party is entitle, I to bail
or not. Tbo mere (act that a party is an
enemy of another person who gets killed is
no proof of bis having killed, aided or
abetted, or having been engaged in a con
spirncy to kill that person. Thu Coroner's
jury do not determine guilt any more than
this court does upon this investigation.
Tho Coroner's jury knew that lliey hud
not got al anything" nu.tr tho bottom of this
conspiracy or tbo (acts connected with it.
They expected that new facta would de
velop, and they will develop beyond n
doubt. Hut yon cannot deprive 11 man of
his liberty if lie is entitled to it under tho
law or constitution on the ground that
more evidence limy Ihi produced to show
lit n guilty. Tho evidenco, as it is pre
sented to the court or committing Munis
tralo is the solo test lor the exercise of tiio
jiiiliimcut ol the ollicial olliccr.
In conclusion, I say, uiter malum con
sideration, and after somo hesitation and
very considerable hesitation, but in caso
of this kind a hesitation should always bo
resolved In favor of human liberty, 1 havo
conio to tho conclusion that this ifcfcn.htut
should bo entitled to bail. 1 think the
bail, though, should bo of such a character
as to positively assure his appearance.
Gentlemen, 1 will bo pleaded to hear
your suggestions as to tho proer ball.
Ti InJIrlinrul toilml.
CiiiCMio, 111., Juuo II. Tlio Grand
Jury camo into court luto this afternisin
ond reported on indictment In a local case,
but returned to its laliors without banding
in bills Hgaiust any of tho suspects iu the
Wasiiixutom, Juno I L Today has been
set npurt by tho Interstate Commcrco
Commission for tho hearing of tho case of
tho Fort Worth loo Company aud other
auaiust tho Missouri Pacific and Texas A
1'ucilie, tho Gulf. Colorado Jc Santa Fe,
and tbo Forth Worth A K-iiver City Itail
road Companies. Petitioners nro engaged
in tbo manufacture aud aalo of ico in lal
but, Fort Worth and other places in Texas
and charge that the reaiHUidctits aro un
justly discriminating against petitioners in
Itoighl rutes. The Coiniuisaion decided
10 postinmo tho hearing of the case lor
Open lur Mnaiaeae.
Hprrlal Ulipatrb to 1 lie A.s-al.
l'lrrsiu mi, Ph., Juno IL Tho Penn
sylvania luiilroad has beon rebuilt through
the Hooded district under tho direct aiiH-r-Vislou
of tho o ll'icers in charge of the en
gineering und tr.iiiNHirtatlon departments
of the Pennsylvania Lines. Tho last rail
needed to connect the several parts of tho
great thorouithfitres was placed in ssitioti
011 Thursday ittternoon. Tho new track li
sul.v.nutiiiliy built and it will be uradually
tcMod until Monday, Juno 17, when tho
trunk liuu will bo oh ne.l. ami ex ro
trains with Pullman car will naut run
ill both diret lion helwitcll Chicii;.!, r-L
lajtiis. I'incttiniitl, Toledo and ClnvuUind
onthoM.-.t, and IWUimom , Wiubiugtou,
I'biiadelpliia and New York ou the vast.
A beat ilia fthlpinoat al 4 atlle.
SritivnriKi 11, III., June II. Gov. Fifer
has issued a proclamation similar in ternii
lo tho one heretofore in force regarding the
Importation o( hoiitlnrn cm Ilo eonsiduroil
daiip'n.111 bs siis ( llieir liability to con
vey Tex is or splenic (ovor, in which the
rules of the Hoard of l.ivn Stock Commis
sioners, Including thcsiTlionsiil tho ciner
genry net. pnsMtd by I In) lut General As
sembly, which ib line thu duties ol railroad
traii"Mirlation Hid slin k yards coiupsuiea
iiudi-r I Im pntclamatiou, am given, and
adding otto section directing thu m tuner in
which cars shall bo cleansed utter slop
ment (rout thoo diitin ta. This procluun
tiuii ia madu ni ii-sH.iry In order In take a I
V iiitaiiot the M-nal'tc4 preai-rihed in the
Hew n I. Ibiidialrict hervloloro eclioduled
n-niaiiuiig Hie aaiu-i.
1 be I'anamn I'.iwsl ( allanMi.
Pai vma, Juuo A. Tim canal i-jllapso
c inliiiucs tho tophi 011 th IsiliiniM, not
lh.it as mailers stand il allii ls Iha canal,
but that tlio collupto has alhtted all here,
and produced griMt aulfering. T!ii'iaii'!s,
ss already n-or'.e.l, have ulrea ly left, but
there are others who )ut requiro Irauqi r
lation. Of coiirso tliero aro always "tho
more boHf ut," and t beet) remained unto
the hut but they are now moving off as
f oil as mean ol transportation aro all'rded
by-that large-hearted niilionnl charity
which bna led countries and islands to re
move their destitute Mlow countrymen
Irom the i.thoiiH. In all, upward of li.D-kl
Jaiiuiic.iiis liuvels-en sent bai l to Jamaica,
and so in iroKirtion tlmso of other coun
tries have been removed by the "interna
tional" filling of charity which has moved
nil our "inierii.tlion il canal" wmki-rs.
Matteia are ol eoiirso as dull as can bo and
the City ol Panama lias reautned that
quiet npeiiraiico it woro over twenty
yours ago, when ouo or two stesuters
would M-il tho port Iu a week. The num
ber of sales bv auction ol household furni
ture, even in the City ol Panama, i mi-pn-cedenled,
and all morchandiw) 1. die
potud of lor much below its value.
KIs Mm 14 II I M la a I lanl.
Al an, Tex., June II. Meager details
ol a bloody albay last evening al Given'
stoio, uiglitctn miles southcait of here,
reached this rily this morning. It seems
that a culured Constable named Wilson
undertook to arr.-sl a white 111 ill whom ho
rhaigcd with Inn so theft. '1 ho man re
sitted, und a general light ensuud between
him and hi (ueiid and the I'ointaMu and
bis li tends, SI 1 -shooters went used, and
four white men and two negroes were
killed outright, whild st lesit a dnxetl olh
eta were wounded, somo probal.ly fatally.
Iicputy rherilf Jobiisoti and posao hit
heio al 1 1 o'clock (or tho scene ol the cou-
Ibellrel W.rkk.ati kealeae.
Ci-oiNsari, O., Juno 11 The first
workbouso soiileuco under the Owen law
was pronounced (his afternoon against
Tboiima R. Whito, a barkeeper, who was
convicted of violating the law Suuday,
Mav The selitenco w is twenty days
in tho workhouse and a Duo of tKW, but a
.lay of execution to July 1 whs allowed to
permit tlio accused to innko an nppcaU
The aliioti Keecis' Association today rn
lived to assist meinljora who are arn-ated,
hut lr liucd lo order members lo violalo
Illllar4 lrlee lllea.
Sv .l PUialcb loTb Aipeal.
Coi.tunis, Miss., Juno 14. llillfwd
Price, the urtro avho tiled lo suicido In
jail last Tuiselay, died lost ulgbt ol niauu-paisiwu.
SIGNED AT LAST.
Qormany, England and America
Havo an Understanding About th8
Tho Commission of Each Govern
ment rilgna tho Agreement,
Tho Amorloana Havion Abandoned
tho Frlnoipal Objections.
Iheso, Uowovor, Only Make Unessential
Modifications In the Wording of the
Diatt of the Treutr It Mu.t
WanUINUTON. JllllO 14. TIlA nimvmnnl
between Kiii-liuid. Germnnv uinl tha
United States on Sainoun affairs was
signed nt lU rliu at 2 o'clock in the altor-
noon. It will not lie mado public until
confirmed by tho Sciiato. While it la
called 1111 agreement by ollkeia of the
Slate Department, Mr. Walker lllaiuo
said this evening thut ho thought it would
iniouiitoilly roiiuuo ratification bv tha
If the instrument si.-ned were ono ren
ulating tbo conduct of two countries to
ward each other, as for inslaneo between
the United Sliitea nii.l Kimim ii n,,l.l
. vi , , . UUIU
pro).crly bo dosignaUsl as a treaty, but
where tbo inttriiiuont siguud is lo shape
tho conduct ol throe Governments, vis.:
tho United States, laigland and Germany,
toward a fourth party. Samoa, it is held
that iuproier nomenclature is an agree
ment. At tho same time as it is a matter
aflccling tho forciim nolirv of ihu I nlieil
Slates, it is said that it w ill need ratifica
tion by the Semite, and that, therefore, it
cannot bo mado public prior to acliou by
The aureemcnt waa ccrdiallv nnnroved
by oil tho luembers of the couferunce and
bv. their respective irnyernntetiU. Tim lioat
of feeling prevailel at the termination of
llio lubois ol tlio commisHiouers.
Hrm.iM, Juuo 14 America having
abandoned tier prlueipul objections lo the
agreement previously errivd ol, tho plen
ipotentiaries bud only In make unessential
modifications in tho wor.liug of tho draft
ol tbo treaty. The draft guarantees an
autoiiomoui ai.MiiniKiraliou of tho islands
under the J. mil control of Germany and
America, I airland noting as arbitrator In
the event ol iliflerencv arising. The Sa
moans aie to elect their own King and
Vicetoy nud to 1st rcproeentod in a buuata
coiupoeeil ol lb principal cbteta
and chainbera elected by Ibo peo
ple. Samoa is o hare the right ol
let ring duties of every kind. The treaty
stipulates Ihat the Germans shall reooive a
money Indemnity for their lo. A eie
eiulcouitwl l (hi n.oiiitod lo deal with
the laud question.
Tim Americans made their adhesion
conditional uixm tho ratification of the
In-sly by tho t inted Stute Senate. The
alatusqu i w ill, therefore, remain I o Sa
loon until IVcclllher.
Mr. Phelps will carry the Irealy lo
The . 1110 ut treaty will not l published
until signed by thu Auieri. au Govern
ment TIIU WIIITWOIiTH THIAL.
Til I'ro.ocullon Close It 6lde U'lt
nee for the Defeiise kxetuloed.
S-, ll Pi. aleli I.. 111. A i . I.
(iiitiwuiK, M ixa , Jiiiio 1 4. --The storm
having 1le1uor11lm.1l the wins, Ibis is the
first leh eraphlc di.psti h to a ncwspar
In forty-eight hours. Tho Whitwurth trial
is noaring an end. Tho State concluded
their cum) today, thu hut Willie being
Henry Mcl atly, who wua shot through
the Ixi ly during the dillirully.
The ib fcim' uH'Ued their aide of Ilia
evidence in the alU-rnooti. There was a
somewhat animated diectitsion a to (ba
praclii-o of t lie court, tho Male objecting
to the prisoner's cociimI slating
his case to thu jury. 'I ho Court de
rided III lavor l the defense. lb
caw was then ably presented by Judge
II. ( n 1 ly. l.ul.t witniKn-s wcro
rxiimltied, all white, vis.: Mcs.r. P.rad-
lev, llah y. Id-rry, lad lell, lliichca, llewe
ntiii Mrs. Wbttworlh, wtte ol tho prisoner.
Tim defense will prubab'y conclude on
Monday m l the arciiuionl commence on
Tuesday. I hu trial of lloAins has been
ret for We Inesd.iy.
. - -Is.
Ciiik'.o, 111., June II. George and
Charles Sbcrwooil, sgi-d respectively four
teen sud seventeen years, sons of a con
duftoron tbe Northwestrru Railway, were
drowned in the Calomel River yesterday
afternoon. The accident occurred uear
the I'slihuinllo Hridge Kensington. The
bnvs wetn bathinif, and the youinn-r one
got U-yoinl Ins depth. Hoi brother went
lo tlie re.e in-, tint both were urownod,
Tho bodu -s were recovered.
Mather IMe Tbaa Ha Ullait
Cimisaii, (.,Jutio 14. Charles WitU
stein, druggist at No. 012 Main street, com-
Uiittod suicide Ibis morning at bis home
ou Krmjicr lame, Walnut Hills, by shoot
ini bitii-i If in tho bead. He bad spoken
loasautly lo bis daughter a moment be
ne. Il ls sut.lXsed that a dread of SP-
prom lung blindness, coupled with general
III health nnd nervous prostration, In lnced
lint act. 11 was la cuinioruuio circum
Iha Umtmm Mill atar.-ll Ma I.sa4f4.
(rrlal Pl .1. h lo 1U A - L
Fomiimt Cirr, Ark., June 11. --a snot
mm in il, e lian.l. ( Walter, the thirteen
year old sou of tbo Hon. George 1'. Tsylor,
wssai cidcntally dim barged tiiia afternoon,
Ibo rbariro t.ikii:g r fleet In tho nhbt shout-
. . ....I... I..... II!!
tier, and pcrnaps taisuy iini" io.-,
.1 1 .... . ,.!.! a,.n of rs.l 'irt-tlll i. ll-rk
luu l-H-e -n v.- -
James M. Me wart Stewart A fay lor ia
pronillicul reaiestaio iinu ui iui.vo;.
Ills nar M be Ilia arerelarr.
Wasiiivt.To, Juuo It. Commissioner
ol reunions Tanner baa appoiiitcd hi
dktititrr. Mia Ada Tanner, lo bo hi eoa
fl h-nlial stcrctary,. in plac. of Mr. Uorgj
Ik SuUitk. j