Newspaper Page Text
PAGES 9 TO ?
AUSTIN WEEKLY STATESMAN, -THUHSDAY, JANTJA11Y 27, 1898.
JUDGE) BOOKS ISSUED A STAY OF
EXECUTION IK THE CASH
OF EUGENE BURT.
ATTORNEY GEORGE WALTON I
WENT OVERLAND TO GEORGE
TOWN TO SEE JUDGE BROOKS.
Attorney Walton Will Be Here This
Horning at 4i30 O'clock With an
Order to Sheriff White to Star
the Execution Pending- the -Inaanltr
Georgetown. Tex.. Jan. 20 rSnooi.ii
There was some little excitement in denced no apparent interest in the out
legal circles here tonight about 9 o'clock come ne OKht to save his life. .
when Attorney George Walton of Aus-
tin, one of the counsel in the famous HORRIBLE ASSASSINATION. .
Eugene Burt murder case, arrived in '
the city from Austin in a buggy, with Cowardly Urate. Harder an Indna
his horses weary and worn from a wild trloua Colored Han.
chase across the country against time' Orance Tex Jan 20 fSneolnl) Ed
to save the neck of his client, who was Woods colored aged 24 l who was
and two rlilwZ 'I0 'hUJdr 21 h't t 'f mil west of this place, Was aroused
24 a IJ yvJ'a ?f J"'y from sleeif just before 12? o'clock last
111 ?h? nv Z7 A,illZTl "isht son cue who knocked at his
?ie .n lh .iV bu!?y ?r . dor tol him that Mrs! Bland was
wait , thl midnihr t?afV"nf ,,t0 ; Tery si himfto go after
thf, nfvinff m L.SiSLt lfw.. A.Uk8: doctor- V 'ods dressed hastily opened
t m Having missed the noon train, the hi , n Parted for hW horse when
time was too orec oua to wait fur . s aoor nni marten tor nis norse. wnen
midnight tri ,., - " -
ho mmo ,,.. ., -: V -
a Surtv fiuS U nffi WiPni'H
H R S' hmtho; "S Snlnf
setting forth that he had grown insane "u mZTA. IT Z
AtAo & -bfn. but ttr8nigBn XTrlS
mo?rowtha? Ausf n" JBrSota w ' f.nd K w5f, ?'Wf "Ttf PT 1
wnitirn- fnr a ,.,. v tt" "t" f" ties who did the shooting. ' He was posi-
.gave hini audience. The affidavit set in.the Bn?R.'. ' Woodswns Wried. indus
forth that to the best knowiedJi and . trlous aB(l Peaceable ncrro.
belief of the petitioner Eugene Burt was
now insnne, huving become so since the
date of his trial, and asked that the
-question of insanity be, investigated and
of execution bei l. The affidavit Z .
aWOril lO in lllO foitn an1 nma otiti&
formidable document in law that JuO-- "i1 18 nenrl,y oy" aPd when the del
Broolts promptly acknowledged its sa- tes R?er"blo in this city next week
cred rights and issued an order staying lhc J1", fl.nd everything in readiness
the execution of Burt until he cun be I0',, the "UBincss nt hand. Messages
tried for lunacy at the March term of hnd otters were received today from
ho Twoniv.ki iiafi.i..f Tu .ia number of cities, saving that the.v
delay is due to the fact that the Twentv
sixth district court is not now in sesHinn
at AiiRtin and will not convene there
until March. As the facts presented in,
this affidavit can only be tried in regu
lar session of the court the proceed
ings have to necessarily be stayed until
Attorney Walton was rather tired
from his ride against time from Austin
but he was correspondingly hnnnv at se-
curing the reprieve md loft here t-
nignt at midnight for Kound
wuere ne win eaten tne morning tram
to Austin, arriving there nt 4:30 tomor-
row morning. Ho will thin be in timeto
present the order of Jude Brooks tor
stay of execution to Sheriff White,
And there will be no hanging tomorrow '
in Austin, as was exp2cf.'d.
THE NEWS RECEIVED HERE.'
MaJ. Bnrlc Walton Receives Newf Of
the star ot Execution. I snn Frnncisco, Jan. 20. The local
Last night, about 9:30 o'clock,!-Maj. transportation companies are preparing
Buck Walton, one of the counsel for to accommodate the rush to the Klondike.
Burt, received telephone information The Pacific coast steamship company
from Ueorgetowa stating that Judge has arranged a schedule thnt will give a
Brooks had granted the Btay of execu- five days' steamship service between
tion in the Burt case, and that Consult- San Fruncisco and Alaskan ports. The
ing Attorney George Walton, who hnd company expects to handle 10,000 pnssen
one to Georgetown overlund to secure gers out of this city next month, and
the reprieve, would be back here this during the entire season the total ton
morning at 4:30 o'clock, on th south- nage in this port is calculated to accom
bound train, with an order from Judge muriate 50,000 people.
Brooks staying the execution' until Burt About June 1 steamers will be placed
can be tried for lunacy at the next term on the run between this city and St
of the Twenty-sixch district court, which Michaels. The Alaska Commercial
will be in Mnrch. This orde of stay company will run the steamers St. Paul,
of execution was not unexpected by Dora, Bertha and Portland, with an aver
those interested in the case, ms the afli- age carrying capacity of fully 300 per
tlavit made by the brother of the de suns each. These vessels will connect
fendnnt was entitled to consideration by with the river steamers upon the break
tbe court, and as a result the execution ing up of the ice, and not less than two
had to be stayed. .' trips a month will be made from here.
' I The Pncific Steam Whaling company1
THE AFFIDAVIT FILED. ' WM run steamers to Cook inlet and
I Alaska. The means of getting to the
The Brother of the Condemned Man gold fields will be greatly augmented
Saya He la Insane. when the vessels now in course of con
Yesterday every one was i interested in struction are completed.
the outcome of the Hurt ense. ine re
fusal of the governor to interfere left
the attorneys but one course to pursue,
mid that was to file affidavit that Burt
had gnne insane since his; 'rial, and get
some reputable citizen to swear to it. As
l yesterday morning's
Matesman, tnis course or proceuure nau witn nuciresses uy I'resident isigtor. and
boon decided on by IM attorneys and representatives of the city and state,
the Irothers of the defense on Wedncs- commercial bodies, bench and bar, physi
dny. Therefore, yestiyrday morning cinns, socialists, clergy nnd others. A
every one was on the hui vlve to see fashionable reception and musienle fol
what steps would be til ken toward the lowed, and a stag social in which Elks,
filing of the affidavit, yesterday, short- actors, musicians and newspaper men
ly after 1 o'clock. Attorney George Wnt- each had a division, lasting until morn
son for the defense offered an aliidavit ing.
signed by Mr. 11. It. Burt, setting forth
thnt in his opinion EiiKf-ne Burt had be- ;
come insane since the trial. The affi- '
davit read cs follows '
State of Texas. Travis County.
In the Twenty-sixth judicial district
court of Travis coujity. loxns, lefire
me, the undersigned 1 authority, on, this
day personally, apyeared II. Hoseoe
Burt, a reputable person, who, after
being legally sworn, jupon oath says that
there is good rensort to believe that the
defendant, W. E. Ilurt. in the case of
the State of Texas, vs. . K. Hurt, -o.
11014 in said court, has become insnne ;
and that he is now insane. The said de
fendant W. E. Hurt being the same per
son now confined in the jail of Travis
county, Texas, under a conviction of
murder in the first degiee in said case,
nnd who has under the sentence of snid
court been ordered hanged on January 21,
ISilS. between th- hours of 11 a. m. nnd
sundown on said day.
II. KOSCOE BURT. '
Sworn to and subscribed to before
this 20th day of January, 1808.
. JAMBS P. HART.
Clerk District Court Travis Co.. Tex,
When this affidavit was offered, Dis
trict Clerk Hart declined to file it. salv
ing' that he did not hHve the authority,
and that be wotdd not file it nntu or
dered to do so by Judge Brooks. Mr.
Hart was actuated in this matter (on
the law purely, and he paid Btrict atten
tion to ft, owing, to tbe gravity of the
case. Had he filed the aliidavit, in the
opinion of some lawyers, under tbe law
he would mighty near have placed the
situation where the execution . would
have been stayed' at once, but his refjusnl
to file the affidavit until ordered tf do
so by Judge Br oks naturally left the
entire matter open. Mr. Hart did I not
care to make any false steps in suth a
matter, and therefore declined tof file
the affidavit until ordered to do so by
Judge Brooks. 7
This was nothing more than wa t ex
pected by Attorney Walton, who .'ind a
buggy and team in waiting, and taking
them, he drove away at once for George
town to get a pei-sonal hearing from
Judge Brooks looking to the considera
tion of the above named aliidavit, and
thereby secure 'a stay of execution.
During the aftertoon speculation ran
rife as to what wouid be done by Judge
Brooks, and every oie was asking about
it. Every one 1 realised the Hort time
intervening between the t" . set for
the execution, and therefore p, took of
the suppressed excrement that wis natu
rally attendant urfon tbe movetjents of
the attorneys in Burt's behalf. 'I
Over in his ceA Burt displaced little
or . no excitement!. If he was' uneasy
about the coming of today and, the un
certainty uf his existence he did not man
ifest it in the least., He talked to Jailer
Hughes auite! freely yesterday and evi-
severni snois were nrea oymen ouisiue.
ana De 1011 nena rorwnra upon ine gro
0"1 recovered sufficiently (to crawl
hind the n""' nd fall fir help, v
the assassins fled. Woods; lived an
MONJ .RY CONVENTION.
Flnai -la' -chltecta to Meet In Con-
-1 r. . . ion next week, .
indiunnpolis. Jan. 20. The work 'of
eparation for the monetary conven
u "I'l'O'nicu ueicKiues anu tue list 01
men prominent in business and financial
circles who will attend the convention
is still growing.
Governor Shaw, who will preside over
the deliberations of the convention, will
be accompanied by a delegation of
twelve representative men of Des
Moines. They will arrive Monday.
State Democratic Convention.
Gulveston. Tex.. Jan. 20. (Sneeial.1
John Lovejoy of this city has received
assurances irom over nair ot :ue mem
bers of the state democratic executive
committee of their support of Galveston
as a place for the holding of the state
convention. The executive committee
will meet in Dallas next month.
San Francisco TranKDortatlon Com-
panlea Preparing for It.
NEW ORLEANS PRESS GANG.
Their Clnb Opened and
. Stogr Social
Xew Orlenns. .Tan. 20. The Xew Or-
leans Press club formally onened tod.iv
THE DREAD MAFIA.
Their Bloody Work
In the Crescent
Vow Or!onna. .Tiiti ofl a M-ifiii mni.
der was revealed today by the finding of
n trunk in the open street in 'lie ronr of
the city which contn'nod the lodv nf an
Italian with the head almost cut from
the boilv. The nnh cue is the fact ihat
the body was brought there by a wagon
nt 9 o'clock Inst r.iglit.
CHIEF CLERK RESIGNS
And Will Do Railroad Work for the
Y. M. C. A.
Omaha. Jan. 20. George MePill, ch'ef
clerk to Horace (5. Hurt, president of the
Union Pacific railroad, has resigned his
position to travel throughout the United
States promoting the work of the many
railroad branches of the Young Men's
MR. CLARK OF MISSOURI VIGOROUS
LY FANNED A FLARING WAR
AND WITH DRAMATIC FERVOR
PROCLAIMED THATVNCLD SAM
CAN WHIP THE WORLD.
m 1. BIIIEY
They Created a SenaaHonal Eplaode
That Overahadowed the Cohan
Debate The Teller Silver Rev
olution Taken Vp in thu -Senate
Mr. Dingier on
Washington. Jan. 20. Sneaker Reed.
from the rostrum of the house, and Mr.
Bailey, leader of the democrats, from his
place on the floor, glared at each other
at the close of the Cuban debate today
and joined an issue of veracity. This
sensational episode completely overshad
owed the interest in the Cuban debate,
which has continued interruptedly in the
house for three days during the consid
eration of the diplomatic and consular
appropriation bill. Yesterday notice
was given by Mr. Williams (dem.) of
Mississippi that at the conclusion of the
debate today a motion would be made to
recommit the bill with instructions. To
day, when the motion was made by Mr.
Bailey, it was ruled out of order by the
speaker. Mr. Bailey thereupon startled
the house by affirming that he had a
private understanding with the speaker
by which a vote should be taken directly
on the motion to recommit. This the
speaker emphatically denied, i.nd these
two leaders of their respective parties in
the house, with white faces and voices
shaken by emotion, set their statements
against each other, while the galleries
looked on in breathless amazement, and
the members were in an uproar. Mr.
Smith of Michigan, who said he was pres
ent, corroborated the speaker's side of
tbe case. The result of the speaker's po
sition 'ws that an appeal was taken
from h decision, Jnd .nr. n strict party
vote it was laid on the table 108 ' to'
114 the democrats and populists, as on
the two previous days, voting against the
solid republican strength.
The debate today was not as interest
ing us oh either of the two preceding
days. The features Were a characterist
ic speech by Champ Clark of Missouri, a
strong appeal for conservatism from
Mr. Johnson of Indiana, a presentation
of the results of his observations in Cuba
during his recent trin to the island from
Mr. King (dem.) of Utah, and an hour's
speech by Mr. Dingley of Maine in ex
planation of the causes of tbe reduction
of the wages in the New England cotton
Washington, Juu. 20. Before the Cu
buu debate was resumed in the house
today, Mr. Lacey (dem.) of Iowa, chair
man of the committee on public lands,
called up a bill to extend tbe public land
laws of the United States and to grant
more right of way under certain restric
tions to any railway organized under the
laws of any state in the Union.
The bill had a special reference to
It was explained that the right of way
grant was 100 feet on each side of the
road, but that all mineral deposits were
specifically reserved. Without completing
the consideration of the bill it' went over
nnd the house went into committee of
the whole and resumed consideration of
the diplomatic and consulur appropriation
Mr. Clark (dem.) of Missouri opened
the debate with one of his characteristic
breezy speeches. He said in part:
"If Spain does not bring the war to
a speedy conclusion, the United States
ought to expel her from the western hem
isphere. There can be no doubt as to
what has been our traditionul foreign
iwlicy. What our foreign policy is under
the McKinley administration, like the
peace of God, passeth alt understanding.
"In these days of Mc-Hannuisui, our
foreign ixilicy is so feeble, so cringing,
so cowardly, that even old and decrepid
Spuin insults our flag, maltreats our cit
izens and searches our ships with per
fect impunity, and President McKinley,
instead of sending men-of-war to protect
our honor, assert our supremacy and
teach them a lesson they will not forget,
passes the hat around and invites the
American people to contribute alms for
starving and dying Cubans.
"It is high time that we served plain
and emphatic notice on all kings, em
perors nnd potentates that the navies of
the transatlantic powers shall not lie used
as contribution bureaus for questionable
debts, as wns a year or two ago at Co
rinto, and as was done a month or so ago
nt Hayti. The Cuban cause is this: For
six years the insurgents have fought
with n courage and suffered with n forti
tude that has challenged the admiration
of the world, save and except the McKin
ley administration. Three or four hun
dred thousand people some of the paL
pers say 000,000 have died, men, women
and children, as much martyrs as was
Warren or any other hero who died that
we niii;ht lie free and yet the McKinley
administration lifts not its finger to stay
this slaughter, and can think of nothing
moie for their relief thnn to pose iib the
big beggar num.
"The party of Sumner. Cbnse nnd Se
ward, which proudly vaunted itself as
rre friend of man. has Income the ally
of pestilence and arson, farrine, devasta
tion, rnp" and murder.
"To every suggestion tin t we should
re-enter upon n V'lrnrous policy, we are
met with the hysterical shriek that we
are advocating war. It h not true, hut
suppose it were? There aire some things
worse thnn war deplornlle as war un
questionably is and one of them is to
play the cry baby act until we are de
spised by all nations nill kindreds and
".Now thnt we number rO.OOO.OOO souls.
a republican administration enn not lie
taunted, kicked or cuffed Into resenting
n insult or demand reparation fot an
jXJury. Such a contemptible and pusilnn
iuJua policy is Enough to make Grant,
Duermau, onetiuau, Liupont, f aragut and
Porteyrestless in their coffins.
."MyNrepuulican friends," he saM in
conclusion, "1 invite pu to lay aside the
weight tint is holding you down, assert
your Tightsicoine out on the side of eter
nal justice pd human liberty, thereby
demonstratuigvthat you are worthy of
the high vocatty wherein you are culled.
We democrats ted populistn stand here
ready to remove Irom America her great
reproach. We on fVis side will contribute
152 votes. If only twelve republicans
will break the yoke, Sefy their task was
ters and join us in tliW noble Work, before-
the sun sets this dy we will send
the lnd tidings ringing rqund theVorld
that 'Cuba Is free.' Fre thank God,
by the act of the American congress."
At the conclusion of Mr. Clark's speech
Mr. Hitt yielded to Mr. Otgen (rep.) of
Wisconsin, who called attention to
embezzlement of money of "Francis
Hinton of Wisconsin, who died mnip
years ago In Paris, by the vice consul of
the United States at the canitol, and ihe
fact that there was no law by which- Ue
heirs of the deceased man could recovef
on the bond of the consul.
Mr. Williams (dem.) of Mississippi, a
member of the foreign affairs committee,
followed. He sneered at the statement
of Mr. Hitt yesterday that the granting
of belligerent rights to the Cubans would
afford them no advantage.
"Shades of history, and all the people
who have ever rebelled against tyranny,"
he exclaimed; "what a pity that George
Washington and Thomas Jefferson,
when seeking the recognition of belliger
ency during the revolution did not know
that belligerent rights would not be ad
vantageous to them. What a pity that
Robert H. Lee. Jefferson Davis and oth
er confederate statesmen were not in
formed that belligerency would not aid
their cause when they were seeking that
"Have the Cubans a government' to
recognize?" asked Mr. Dalzell (rep.) of
"They have the sort of imvermnent
other Spanish colonies had when they
were rebelling against Spam.
wno IB their president I
"Bartholomew Masso." internosed Mr.
King (dem.) of Utah.
."Where is the capital?" asked- Mr.
At Cubitas. responded Mr. Wil
liams, as if answering a catechism.
"At how many places was the Ameri
can capital located during the revolu
tion?" asked Mr. Clenrk (dem.) of Mr.
Dalzell: while others besieged him with
auestions as to the name of the presi
ent of the United States during the rev
olution, etc., until Mr. Williams' time
expired, when he gave way to Mr. King
(dem.) of Utah, who has recently return
ed from a visit to Cuba, and who gave the
nouse some of tne results of his person
al observations there.
I He described the harrowinir condit ion.
characterized the scheme of autonomy as
a1" delusion, and declared if.peace came
on that basis Spain would saddle the war
debt on Cuba. There would be resist
ance, and once more the 5res of revolu
tion -rjtmVu w-kHnUra-Frmr.MiA W
could not come to the island until inde
pendence was achieved.
Mr. King affirmed that those in Ha
vana who were openly committed to au
tonomy were secretly helping to drag it
down. In Havana autonomy was derid
ed and scorned on every side. In con
clusion he declured that the dream of
those who believed peace could come to
Cuba without .independence would soon
be rudely shuttered.
Mr. Johnson (rep.) of Indiana, in a
15-minute speech sustained the course of
the administration. The president, he
said, had displayed good sense, sound
judgment ami exalted patriotism. Con
gress, he said, would -not bo warranted
in attempting to override the president
and rushing the country rashly into a
war iruugnt wltn tremendous conse
quences. He warned members that we
might be Standing nearer tbe brink of a
crater than we imagined. Spnin might
be old and impotent and incnnable of
overcoming us, but we might goad her
to a point where, in response to her pride
nnd corrnge, she might involve us in gi
Mr. Simpson (nop.) of Kansas, sneak
ing for the populists, snid he was not ly
ing awake o'nkhts worrvinir over the
Cuban question. But he wns satisfied,
lie said, that the real secret behind the
attitude of the administration, was the
fact that the holders of Hnanish bonds.
$400,000,000 in amount, were not afraid
thnt they would not get their money. He
said the bondholding interests were as
much in control of the country as they
hnd been during the Cleveland adminis
tration, and no action would lie taken un
til the payment of these bonds had been
After some brief pr-Cuban speeches
by Mr. Kobinson (dem.) of Indiana and
Mr. Cochran (dem.) of Missouri, Mr.
Dingley (rep.) of Maine took the floor
to reply to some remarks made during
the course of the debate relitive to the
wage reductions in the cotton industry.
After such a revulsion of business ns
the country hnd experienced during the
past three years it was natural, he said.
that recuperation wns slow. In all but
one Industry (cotton) improvement was
noted and wages had been advanced.
Along with the 10 per cent reduction of
niiges in the cotton industry hnd come
an increase greater than tiint in the
virsted Industry. He admitted, he said,
thnt the depression in the cotton indus
try was unfortunate, but the case was
exceptional. It was due to the sudden
and unexpected decline 'n the price of
cotton. In three months the price hnd
declined HO per cent tiecause the south
ern planters insisted upon growing -.-000,X)O
bales more than the world
Almost every cotton factory in New
England had been caught with from six
to eight months supply of 8-ceut manu
factured cotton on their hands. in ad
dition to this, be pointed out the effect of
coniM'titiou thnt hud grown up in the
south, "where longer hours and lower
wages were in vogue. Eventually the
south would come tip to the northern
standard, but temporarily political condi
tiims gave the sown the advantage.
Protective tariffs could affect nothing.
If the hours of labor in the states were
not equalized. Sir. Dingley declared that
the lulHir organizations would compel
an amendment to tho constitution which
would permit congress to equnlize hours
all over the country.
Mr. Dingley hnd a great deal of cross
fire with southern ntemlicrs.
The Cuban question was temporarily
lost sight of and for more than an hour
tariff was talked to the exclusion of
Mr. IHngley said those who were still
"chattering" about the lack of revenues
under the new tariff law, had better be
prompt nljont it.
"For your opportunity to chatter
oon le over, he said. "Yesterday
receipts from customs were $85,000.
The receipts themselves will soon si
lence tnese critics.
At 4 o'clock the committee arose un
der the arrangement made yesterday
and reported the bill to the house. One
of the most dramatic and sensational
episodes of this congress followed.
The sneaker of the house and Mr.
Bailey of Texas, the democratic leader,
clashed on a question of Teraeity, and
the excitement was intmse. The Tex
an moved to recommit the bill with in
structions to the committee to report it
back with an amendment embodying the
terms of the senate Cuban belligerency
resolution. Mr. Hitt immediately made
the point of order that the amendment
was not germane and was obnoxious to
the rule against new legislation. This
po'it the speaker promptly sustained.
li. Bailey, surrounded -by a group of
democrats, protested that . the agree
ment yesterday included provision for
a vote on the motion to recommit. Mr.
Hitt denied this, saying that the notice
of the motion to recommit was given
afterwards. There was much confusion
while. Mr. Hitt was talking, and When
ho concluded Mr. Bailey suddenly elec
trified the house with the statement that
he had had a distinct understanding to
thatVffect with the speaker of the
"The' chair states that the gentleman
from Texns Is mistaken," retorted the
spohker Yrom the chair, in the most
emphatic trnies. The siieakcr looked the
Texan stralkht in the eye, and bis voice
qirivercA with emotion. "The chair
never agreed that a motion which was
plainly out ofprder would be enter
tained. The gSiitleman ' notified me
there would be no further opposition."
"And I make thV statement, declared
Mr. Bailey, without flinching, "that we
did have Buch an agreement."
He, too, was evheul'ly laboring uudisr
great stress of feelit.
By this time the huw was In an tip
roar, and the spectator n the galleries
were looking on with aVsemcnt. ,7
Mr. Builey proceeded ,A explain the
circumstances under whic the alleged
agreement was made. IK said sonie of
the members on his side dt ired.'to at
tend the funeral of a distingufled ex
member (Butterworth) yesterday, but
they wanted to. remain if their votes
were needed. He had approached the
speaker, he said, with the proposition
of a vote on the motion to recommit.
The ehnir had assented, he fleclnred,
and he hnd so informed his colleagues.
"I never knew until this motion was
presented," interrupted Mr. Hitt, "whut
the instructions were, to be."
"The chnir again states that'no agree
ment was made," said the speaker, look
ing down on the turbulent scene before
him, "and if corroboration is; needed he
has just been informed by a, entlcman
who was present"
"I think the chair will neo corrobora
tion," interposed Mr. Bailey, emphati
cally. "I again oppose my statement
against that of the speaker."'
The confusion nt this point 'vn( 'very
great, but the voice of Mr:' Smith '(rep.)
of Michigan could be ' heard shouting,
above the tumult that he had been pres
ent and that no agreement hnd been
"The chnir is willing to rest the case
on the statement made by him," de
clared the sM'uker, as he oeat the uefk
with his gavel in his attempt to restore
order. " ' '
Mr. Bailey thereupon appealed from
the decision of the chair, nnd Mr. Dalzell
moved to lay the appoul on the table.
The roll was called, amid much confu
sion, but party lines were unbroken, and
by a vote of 108 to 114 the appeal was
laid on the table. '
The bill was then passed by a vote
of 158 to 05, and at 4:40 the house ad
journed. The Senate.
Washington, Jan. 20. By the decisive
vote of 41 to 25 the senate today decided
to proceed at once to the consideration
of the resolution introduced a few days
ago by Mr. Teller of Colorado providing
for the payment of bonds for the United
States silver at the option of the govern
ment. The resolution provides:
"Thnt all bonds of the United States,
Issued or authorized to be issued tinder
the said net of congress hereinbefore re
cited ore payable, principal ond interest,
nt the option of the government of the
United States in silver dollars of the
coinage of the United States containing
412 1-2 grains of standard silver; and
that to restore to its coinage such silver
coins as a legal tender in payment of said
bonds, principal and interest, is, not in
violation of the public faith nor in dero
gation of the rights of the public cred
itor." Senate Proceedings.
Washington, Jan. 00. Mr. Mills of
Texns secured the passage by tho sen
ate today of a resolution directing the
secretary of war to make an examina
tion of the Port Arthur ship canal with
a view to Its extension to deep water.
Mr. Gnllinger, f the committee on
public health and national ' quarantine,
secured the adoption of a resolution em
powering the committee to investigate
the desirability of removing the quaran
tine station from Ship island to some
other point in the Gnlf of Mexico.
Mr. Erye of tbe committee on commerce
reported favorably and secured tbe pass
age of a bill providing for tbe construc
tion, at n cost not exceeding $70,000, of
a lightship to be located near Cape Eliz
Mr. Allen of Nebraska introduced a
resolution directing the secretary of the
interior to send to the senate full and
explicit charges made against Mrs. M.
E. Itoberts, recently dismissed from the
Immediate consideration being asked
for the resolution, Mr. Gullinger snid
the heads of departments had absolute
power to remove clerks, and there is u
civil service commission which bus prac
tically final authority in eases of this
kind. He thought congress should not
take up the discussion of such cases. '
Considerable discussion was had, but
without result, it being developed that
Mrs. Hoberts had bieii discharged on al
legations affecting her character. Mr.
Allen said be did not know Mrs. ltob
erts, but it was outrageous 'o dismiss a
woman on such charges without a hear
ing. Mr. Pettigrew secured the passage of
a resolution directing the secretary of
the interior and the attorney generul to
inform the senate what steps the govern
ment had taken concerning the killing of
a woman by Seminole Indians, and the
1. timing of two Seminole Indians ill the
The resolution inquiring of the s-st-master
general what action was necessa
ry to run into in the excellence of the
postal free delivery service was agreed
to. and Mr. Til'mnn's resolution extend
ing the authority of the interstate and
foreign committee relative to the investi
gation of the giving by railroads of
transportation for any other considera
tion than cash, was passed.
Mr. Iodge of Massachusetts then
moved that the senate go into executive
session. This was antagonized by Mr.
Vest of Missouri, Who called attention
to the fact that he had given notice of
his intention to take up tne Teller reso
lution. . -
"It will be recalled." said Mr. Vest,
"that the presidont of the United States -was
then a member of the - house and
voted for this resolution."
Mr. Vest held that the time had now
arrived when the country must either go "
to a gold standard or make the contest
for the financial system which ho bcliev-j
ed a great majority of the people were In '
favor of. Hi snid he had no desire now
to enter npo an elaborate discussion of
the pending resolution, and if any sena
tor on the ther side of the chamber de
sired to sp ak on the question be would
yield to k ' '
There v it no tesponse to this Invita
tion to tr i republican side, nnd Mr. Vest
wag pror ding with his remarks, when
Mr. Pla' . of Connecticut asked if it was
Mr. Vei .' intention to press the resolu
tion ani secure an immediate- vote. '
"Thai is," interjected Mr. Aldrlch, "is ,
it the purpose of the senator to endoavor .
to secute a rote upon the resolution to
day?') - '
'I expect," replied Mr. Vest, "to en
deavor to secure a final vote upon the
resolution whenever, under the rule of
thesenate, a final vote can be reached."
The Missouri senator was proceeding
wh his remarks when the vice prcsi
dyur, the hour of 2 o'clock having ar- '
rrved, laid before the sennte the unfinish
ed business, the census bill. Mr. Vest
moved to lay aside tho unfinished btiBi
njsB and to proceed with the discussion
of the Teller resolution. The motion
prevailed without division, the effect ba
ng to make the resolution the unfinished
business. Mr. Vest then yielded to a
suggestion of Mr. Aldrich that further
consideration be postponed until tomor
row in order that those opposing might
have opportunity to prepare for the de
late. , .
Mr. Hoar objected to the consideration
Of the resolution, llllt wlthill-onr hla nh.
jection to afford Mr. Allen opportunity
to make a statement. Mr. Allen then
read a statement directed to the presi
dent by Mrs. Hoberts. She said she is
the wife of Edwnrd Roliorts. n Union
soldier; that she was summarily dismissed
i mm me pension oince lor misconduct
affectiug her character." ' No charges
were Preferred nrninst her nnd nhs
claims to have been treated cruelly and
without opportunity to vindicate, her
Mr. Gnllinger said the presumption
wns that the statement of Mrs. Roberts
hnd been properly referred nnd was now
In the proper place to receive considera
tion. Mr. Gnllinger then naked that the
resolution go over until tomorrow.
The chnir held thnt Mr. Lodge's mo
tion to make precedence nnd the yea
and nays were demanded.
l tie vote resulted: Yens, 27; nays, 30.
The motion of Mr. Vest tn tnkn nn tho '
Teller resolution was then carried, 41 to -25,
as follows: 1 - '
leas Allen, Bacon, Bate, Berry, But-'
ler, Cannon, Chilton, Clnrk, Clay, Cock
rell, Faulkner. Harris. Hortfleld. .Tnnea '
of Arkansas, Kenny, Kyle, MeEnery,
.Mimury, murine, .11 ii rr til nuns, nutcneu,
Money, Morgan, Perkins. Pettigrow, Pet
tus, Pritchard, Q"n'r' Rnwllns. Koach,
rMioup, nrcwnrr,- iciier, 'i inmnn, Tttmto.
Vest, Walthall, Warren, White nnd Wol-
cott 41i ' ' r-
Nays Aldrlch, Alllflnn, Bnker, Cnllotn;
Davis, Fnlrbnnks, Fornkor, Frye, ' tlal
linger, Genr, Hale, Hnnnn. IlansUrongh,
Honr, Ixidgo, McBrlde, Morrill,' Nelson,
Plntt of Conneeticnt, Pitocto'r. Bewail,
Sjwoner, Thurston, Wetmore 25.
Mr. Vest then spoke in favor of tbe
resolution, saying he had no desire nt
this time to thresh over old straw of the
fields, but hoped to be able to call the
senate's attention to some reasons why
the pending resolution should be agreed '
to by the sennte. He snid thnt twenty
yenrs had passed since the Stanley Mat
thews resolution was first put on , the
statute books, but he believed that there
was no reason why this should be reit
erated and the declarations contained
therein. Mr. Vest mnintnined thnt if the
resolutions were originally correct and
proper they are correct.
"They do not in any sense," said Mr.
Vest, involve either repudiation or dis
The senator maintained thnt the Issue
involving the consideration of the reso
lution hnd been thrust on the senate by
the administration and thnt senators
were required either to remain silent and
by their silence .give tacit assent to the
recent declarations of the secretary, of
the treasury in favor of a gold standard,
those declarations being evidently en
dorsed by the president, or else to re-t
uflirm the Stanley Matthews resolution,
which hnd been passed by the senate by a
vote of more than two to one, and by tbe
bouse by an overwhelming majority.
At 2:15 the senate went Into executive
session, and at 5:55 adjourned.' -:
TENNESSEE! SENATORIAL CONTEST.
' ' .'..ti'
Fourteen Ballot Taken, With Mc
Millan In the Lead. ,
Nashville. Tenn., Jan. 20. Th4 demo
cratic legislative caucus held here to se
lect a party candidate for the United '
States sennte met again at 8 o'clock to
night, but did not nominate.
The first ballot resulted: McMillan,
37; Turley, 2; Taylor, Yi.
Fourteen ballots were taken, during
which McMillan - lost two votes and
gained two votes. Turley lost two and
gained two nnd Taylor's vote was un
changed. The Inst ballot stood: McMil
lan, SO; Turley, SO; Taylor, 10. An im-;
mouse crowd was present nnd interest ''
in the contest is increasing. The caucus
adjourned until tomorrow. The persis
tency with which the supporters of each
candidate stand by their choice causes
the growing liellef that a prolonged dead
lock is imminent.
That Gallaaher Jnrr.
Galveston, Tex., Jan. 21. (Special.)
Tiip jury in the Gallagher case is still ,
locked up at the court house, not having
ns yet been able to reach an agreement.
A Frenaled Prisoner In a Dallas
Dallas. Tex., Jan. 21. -(Special.)-W. E.
Smith shot and killed A. J. Splllers nt
Garland, two or three months ago. The
case was called Tuesday, ard the trial
gone into. At noon today, just before re
cess hnd ls?en announced for dinner.
Smith created a sensation in the court
room. Without a moment's warning he
became very violent and acted like nn In
snne man. He caught sight of Deputy
Sheriff William Work and ntetnptod to
assault him. He aimed n vicious blow
nt the deputy, but missed lauding. Sheriff
Cabell and other officers seized him tnd
prevented him from doing bodily harm to
those within range of his fists. Judge
Clint ordered him returned to- the sick
wnrd of tho county Jail, and Instructed
Doctors Thurston and Florence to
examine into his condition nnd report tbe
result of their investigation tomorrow.