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WEEKLY ESTABLISHED H2J. I TfT T Xrn ,
DAILY ESTABLISHED ISSG. VJLu JLl"l U. irJ
INDIANAPOLIS, SATURDAY MORNING, DECEMBER 15, 1900.
PRICE 2 CENTS EVERYWHERE
HOHRS HAVE RESUMED OPERATIONS
WITH GREAT ENERGY.
British Attacked by Lara-e Force at
Several Places and Forced to
lletreat at One rolnt.
DISASTER AT 210 OITGED ACHT
WHERE COL. LEGGE AND THIIEE
CAPTAINS WEHE KILLED,
1'our Companies of Fn sill er Prob
ably Captured and Gen. Clement'
Army Shelled Out of Its Position.
PRETORIA EVEN MENACED
AND KOOMATIPOORT THREATENED
' UV A C03LMANDO OF RAIDERS.
(lea. Knox Reported to Hare Stopped
De Wet and to De Engaged In
Rattle Anxiety In London.
LONDON. Dec. 15.-British arms have
suffered another reverse In South Africa,
tne full extent cf which is not known. Lord
ICltchener reported yesterday that General
Clements had been shelled out of Nooitge-
elacht, after losing four officers. The num
hcr of men killed is unknown. It is also
Reared that four companies of the North
umberland Fusiliers were taken prisoners.
This alarming news, coupled with other
; advices, has caused a wave of disappoint
ment to sweep over the country. It was
Slot expected the Boers could raise such
forces as are now operating against the
British at various points and even threat-
' cuing Pretoria itselL It is feared the
meager official dispatches do not tell the
lull story of disaster. Under date of Pre
toria, Dec. 13, Lord Kitchener, commander-in-chief
of the British forces in South
.Africa, reports to the "War Office as fol
lows: "Clement's force at Nooltgedacht was at
tacked at dawn to-day by Delarey. rein
forced by Beyer's commando from Warm
Lath, making a force estimated at
Though the first attacK was repulsed, the
Uoers managed to get atop ot the hills,
'which were neid by lour companies of tho
is'orthumberiand 1: usititrs, and were thus
able to command Clement's camp, lie re
tired on liefcpoort and tooic up a position
on a hill in uic center of the valley. The
casualties have not been completely re
ported, but the Lgnting was very severe,
, uud A deply regret that Coionei Legge, of
the Twentieth ilussars?, and Captains Mac
liean, MurdocK and AtKius were killed. Re
inforcements have left here."
' Lord Kitchener also reports that the
Boers made an attack and were repulsed
at Lichtenburg and that General Letmer
ivas killed. Attacks upon Bethlehem and
Vried were also repulsed, the Boers losing
ten killed and fourteen wounded. Vriehied
was attacked Dee. 11. Sniping continued
until the message was dispatched.
The scenes at th War Oftice yesterday
recalled those witnessed in the early
stages of the war. A constant stream of
ncited people "filled the lobbied, all seek
ing details of the disaster. The absence
of the names of any of the officers of the
.Northumberland Fusiliers in .eneral
Kitchener's dbpatch leads to the forebod
ing that the four companies of . the Fu
fcllitrs mentioned are in the hands of the
Boers. The War Office officials evidently
expect a heavy casualty list, but they are
t'opeful from the fact that the dispatch
loe? not mention the capture of tne
KorthumberlanJs, that such a great ca
tastrophe has been escaped. Others were
Issued at Aldershot, Malta and other müi
tary centers to dispatch all the available
mounted Infantry to South Africa.
It is reported that General Knox, operat
ing with the British column at lledders-
burgr. has stopped General De Wet, and1
that a battle Is proceeding. The report
adds that many of General De Wet's fol
lowers have been captured.
Advices from Lourtrnzo Marques ray:
"The British troops at Koomatlpoort are
standing to arms In the expectancy t i an
attack by a Boer force of 1,500, which Is
In that vicinity. It is believed to be the
intention cf this force to make a dash upon
the town. The situation is regarded as
serious. A force of 150 Portuguese in
fantry, a squadron of cav alry and two guns
were dispatched to the frontier to-day."
Gen. Louis Botha is repotted to be twenty
miles from Standerdton, with 1,500 men
and one gun. lie has called a meeting of
the burghers fur Sunday.
FiCHTlX; NEAR KHLGHHSDOHl.
General Clement Said to lie Engaged
with the lloera lit the Hills.
JOHANNESBURG, Dec. II. 3:20 p. m.
The battle still continues In the hills a
few miles from Krugersdorp. General
Omenta has asked for reinforcements and
mounted men, under General French, have
already gone. There have been many cas
ualties on both sides. It is estimated that
the Boers number 2,w).
If, as stated in the foregoing dispatch.
General Clements is engaged with the
Boers In the hills near Krugersdorp, Lord
Kitchener's dispatch mu?t have, been
umazlngly bungled. Ife reports the dis
aster as having occurred at Nooltgedecht.
and say s Delarey's Boera were reinforced
by a commando from Warmbath. Noolt
gedecht and Warmbath are at least 125
miles east of Pretoria, on the railway lino
that runs to Lourenzo Marques. Krugers
dorp, mentioned in the Johannesburg dis
patch. Is about twenty-five miles southwest
of Pretoria, and about ten miles northwest
of Johannesburg. If the Boers are in force
near Krugersdorp It shows they Intended
to rush either Pretoria or Johannesburg.
Krüger and Lcyd Unmoved.
LONDON. Dec. 15. "Mr. Kruger and Dr.
Leyds, who dined this (Friday) evening at
the palace," says the correspondent of the
PaJly Mail at The Hague, "on hearing of
the British disaster at Nooiigedacht were
Quite unmoved. Mr. Kruger paid he thought
the English would break their necks on
the Magaliesberg, nd he reasserted hts
cc:-Iet confidence la ultimately forcing;
England to Initiate an acceptable settle
WORK TOR CRIMINAL COURT.
Hazing of Students That Goes Beyond
the Limit of a Prank.
CHICAGO, Dec. 14. Frank Lust, a stu
dent In the Northwestern University Acad
emy, was hazed last night by twelve stu
dents. He was taken from the university
gymnasium, where he was practicing, to a
secluded spot on the lake shore. He was
blindfolded and his clothes removed. A
coat of black Ink and soft soap was then
daubed over his entire body. After the
treatment of ink and soap the students
lined up and compelled him to run the
gauntlet. He was passed from one to an
other In the crowd and each' one took oc
casion to slap him about the body. After
fifteen minutes of this kind of treatment
he was wrapped up In blankets and taken
to his home, on the Sheridan road. The
young man was nearly overcome from ex
posure and from the hard treatment hf
had received, and fainted while being taken
to his home. The students, however, man
aged to revive him before he was taken
into his "room. Last week Lust received a
threatening letter signed by several ficti
tious names, In which he was asked to
watch out for dire treatmenL All the haz
ing band wore handkerchiefs over the lower
parts of their faces. The clothing they
wore was old, but, despite this fact, it is
thought the victim recognized several of
This is the second student at the acad
emy that has been hazed within the past
week. Last. Friday night F. II. Sand
meyer was visited In his room by half a
dozen students and treated to a coat of
fly paper. Dr. Herbert FIsk, principal of
the Northwestern University Academy, re
turned to Evanston yesterday and will com
mence at once an investigation of the re
cent hazing. Dr. Fiske will be assisted by
the Northwestern University faculty, and
States that the affair will be sifted to the
bottom. None of the raculty, so far as
could be learned late last night, had heard
of the hazing, of Lust.
EIGHT WITH ROBBERS
DESPERATE ENCOUNTER ON A RAIL.
WAY PASSEXGER TRAIX.
Two of the Gang that Looted the
Sliancsrllle, O,, Bank Captured,
hut the Other Four Escaped.
PANIC IN A WOMEN'S COACH
OCCUPANTS ATTEMPTED TO ESCAPE
OL'T OF THE WINDOWS.
Bullet Were Flying: Thick, and the
Train Was Running at Full Speed
Reward for Train Robbers.
WHEELING, W. Va.. Dec. 14.-The gang
of desperadoes that robbed Doerschuck's
bank at Shanesville, O., arrived at Bridge
port just before night on the Massillon
accommodation of the Cleveland, Lorain &
Wheeling road. Two of the gang were
captured after a desperate encounter with
officers and trainmen. Four others escaped
and a posse Is pursuing them.
The gang got on the train at Holloway,
where they had robbed a couple of house-j,
and- broke into the schoolroom to secure
Quarters for the night. Officer Meister, of
this place, heard of them being on the
train, went to Wheeling creek and entered
the train. He found the leader in th?
women's coach. The desperado drew a
revolver, and a fight was at once started,
which continued until the train reached
Bridgeport, when other officers got on.
Two of the gang were overpowered, but
the others jumped through the windows
and made their escape.
During the fight on the train men and
women were frantic with fear and many
tried to jump from the windows while the
train was in motion to escape the flying
One of the men captured had $3G0 In cash,
mostly bills, with several hundred pen
nies In a sack which has the name of the
robbed bank stamped on it. They had sev
eral botles of nitroglycerin, dynamite car
tridges, fuses and various burglar tools.
The two are a surly pair, and refuse to
talk or even give their names.
Officer Meister had one hand terribly
cut. Theodore Thomas, trainman, had a
hand cut and twisted. Windows were
broken In cars and peats were torn up.
Suspects Not Identified.
NEW ORLEANS. Dec. 14.-A number of
tutpects have been arrested in connection
with the Illinois Central hold-up, but none
of them has been positively connected with
the case. Tho Postofflcc Department will
offer $1,000 reward. Tho mail has all been
traced and not more then 515 are missing.
Blood stains have been found along the
trail of flight of the robber. Bloodhounds
will bo used to-morrow.
BARREN ONLY IN NAME.
Northern Canadian Wilds Covered
with Trees Captive Released.
VANCOUVER. B. C. Dec H.-Prof. J.
W. Tyrell, the celebrated explorer of
Canadian wilds, has returned from an ex
pedition through the barren lands of north
ern Canada. He traveled over 5,000 mile
on the tour. His expedition, which was
sent out by the Canadian government, met
with many perils In the long journey to
the northwest of Hudson bay. Professor
Tyrell made the important discovery that
the barren lands generally supposed to
bo treeless prairie, were covered in many
places with rich northern forests, and
there were stretches of tlmberland 200 miles
In August Prof. J. W. Bell, of the geo
logical survey, who was second in com
mand of the expedition, went on a tide
tour of 500 miles up one of the branches
of the Thelon. There he rescued an Eng
lishman named Charles Bunn, who had
been held In captivity by the Esquimaux
for live years. Captain Bell was in the
lead of the party when they entered a vil
lage just before nightfall, and was amazed
to see a tall, well-built man. dressed like
an Esquimaux, come running up and ad
dress him in English. Bunn told a mar
velous story. He paid he had gone out from
Edmonton In lsäC, and had wandered far
into tho Interior, shooting and trapping.
He ran short of provisions, and applied to
an Esquimaux family. They took him to
their village, where he was compelled to
remain, living a one of them. He had sev
eral thousand dollars' worth of fur. lie
joined Beli's party and tame gut to lid
montoa with the explorers.
Y REJECT IT
BRITAIN IS NOT EXPECTED TO AC
CEPT THE AMENDED TREATY.
The Administration Han No Hope that
the Hay-Pauncefote Agreement
Will Ever Become Effective.
TWO MORE AMENDMENTS
REPORTED FROM COMMITTEE TO
SENATE EXECUTIVE SESSION.
One Provide for Virtual Abrogation
ot the ClaytonBulvrer Treaty
In a Roundabout' Way.
OTHER KILLS ARTICLE HI
AND INVITES ALL POWERS TO AD
HERE TO TILE NEW TREATY.
Senate Unwilling to Fix a Day for the
. Final Vote Further Comment
by the London Press.
Special to the Indianapolis Journal.
WASHINGTON. Dec. 14. The belief to
night is strong that, as amended, the Hay-
Paunccfote treaty will be ratified, but that
when the Senate gets through amending it
It. will be In a shape entirely unaccepta
ble to Great Britain. In some quarters U
is thought, on the other hand, tha. Eng
land is so anxious to retain the f ma Pest
semblance of treaty right to inierfeio in
the control of the Nicaragua canal. If it
is ever built, that she will accept the
treaty, no matter in what shape It reaches
her. Such, however. Is not the opinion cf
the State Department. There it is held
that the adoption of the Davis amendment
is so distasteful to England that
she will decline to exchange rat
ifications of the amended treaty.
Of course If the amendment, based upon
tho principles of the treaty of Constantino
ple, which she dictated lelatlve to the Suez
canal, 13 so repugnant to her when applied
to the proposed Njcarr.guan canal as to
cause her to I eject th treaty then there
Is an end of all attempts at the joint con
trol by this country and England of a
tanal to be built in the United States on
American soil. The canal In that event
wou'a, if built, b-2 wholly an American
affai: to be ued In peace and war as the
test interests of the United States would
dictate, free to nations in peace and free
to the United States in war. There Is a
tirorg rentlment In favor of this solution
of the problem, and it may yet be the out
come of the matter.
- - ADDITIONAL -AMENDMENTS
proposed Changes ' Which Abrogate
the Clayton-Bulwer Trenty.
iitfociated Preps Dispatch.
WASHINGTON. Dec. 14. The Senato
committee on foreign relations to-day re
ported two important amendments to the
Hay-Pauncefote treaty, one providing for
abrogation of the Clayton-Bulwer treaty
in an indirect way and the other striking
out Article 3 and Inviting all the powers
to adhere to the agreement. No action
was taken on the amendments.
Unless amended beyond any degree pro
posed In the Senate by the responsible
leaders, and resolved Into such a form as
to make it absolutely discourteous, tho
pending Hay-Pauncefote treaty will be
submitted to the British government by
the President. The communication will
be purely pro forma, for the administra
tion has not the slightest idea that the
convention will be accepted by the Britls'i
government. If this belief is well found
ed, then the document will go into the
limbo of treaties failed of ratification, its
position comparing In degree with the
Olney-Pauncefote arbitration treaty. The
President might, if he regards the amend
ments made by the Senate to the treaty
as objectionable, take upon himself the
responsibility of administering the final
stroke, by simply withholding it from the
British government. There is a precedent
for such action In the disposal made of
certain treaties by President Cleveland.
But in that case the objection waa all on
our side, while, in the present, it is as
sumed that Great Britain may be the
party to whom the amendments are as
obnoxious, and so might, be properly ac
corded the' privilege of passing upon them
finally. That is the administration view of
Notwithstanding what amounted to the.
authoritative denial that the secretary of
state had resigned, the story was per
sistently circulated during the day, and
finally reached the ears of some of Secie
tary Hay's fellow Cabinet officers. These
declare that nothing whatever was said at
the Cabinet meeting to-day on this sub
ject, and said even the treaty proceedings
in the Senate yesterday were not discussed.
So, as before stated, it Is not to be ex
pected that there will be any change 'n
the head of the State Department, for ihz
present at least.
NO DAY FIXED FOR VOTE.
After reporting to the Senate In execu
tive session the two new important amend
ments to the treaty as made by the com
mittee on foreign relations, Senator Lodge
made an effort to have a day set for tho
taking of a vote on the treaty. He sug
gested next Thursday as the generally ac
ceptable time, but Senator llason first
made objection, and when he withdrew it
Senator Money suggested that Senator
Morgan had given notice that he would
ak that the vote on the treaty should be
postponed until a vote could be secured
upon the Nicaragua canal bill. Senator
Morgan, however, stated that he was not
disposed to make that contention any
longer, because he did not wish to do any
thing which would lead Great Britain to
conclude that this country desires to take
a threatening position. Senator Butler
then entered objection to fixing a time for
a vote. Senator Lodge said that. In view
of the position taken, he should press the
treaty on the attention of the Senate early
and late until a vote could be had, and he
afterwards declined to move an adjourn
ment from to-day until Monday because
of the refusal to allow a day to be named
fcr a vote.
When tho Senate went Into executive
ression Senator Lodge reported two amend
ments agreed on in committee. The first
of thsae Inserts the woMs "which la here
by superseded" after the word3 "Clayton
Bulwer treaty," in the first paragraph of
Article 2 of the treaty, making that para
graph read as follows:
"The high contracting parties, desiring
to preserve and maintain the 'general prin
ciple' of neutralization established in Ar
ticle 13 of the Clayton-Bulwer conven
tion, which Is hereby superseded, adopts
as the basis of such neutralization the fol
lowing rules substantially as embodied in
the convention between Great Britain and
certain other powers,, signed at Constanti
nople, Oct. 29. 1SSS, for the free naviga
tion of the Suez maritime canal."
The eecond of these amendments strikes
out Article 3 of the treaty, reading as fol
lows: "The high contracting powers will imme
diately on the exchange of the ratifications
of this convention bring it to the notico
of the other powers and Invite them to
adhere to it."
It was stated that the committee hatf
been unanimous In Its action, with the ex
ception of Senator Money, who opposes' any
action except tho absolute and uncon
ditional abrogation of the Clayton-Bulwer
treaty. That result is accomplished by the
amendment adopted to-day. but the Mis
sissippi senator would have this done
through other means than the Hay-Pauncefote
Aside from the reporting of the new
amendments, the proceedings of to-day's
executive session consisted wholly of
speech-making, the speakers being Senators
Culberson, Spooner, Lindsay, McCumber
and Elkins. Senator Culberson spoke for
the adoption of tactics similar to those
outlined by the Money resolution, which
provides for the abrogation of the Clayton-Bulwer
treaty by diplomatic methods.
Ho said he was opposed to proceeding by
piecemeal to get rid of a compact so ob
jectionable to American ideas as the Clay-
(CONTINUED ON PAGE 4, COL. 6.)
LECTURE DY GEN. HARRISON DE
FORE MICHIGAN STUDENTS.
He Holds that All Clvlllxed People In
Our Island Possessions Are CHI
sens ot the United States.
BIT A POPULAR DISCUSSION OF
VIEWS RECENTLY EXPRESSED.
Provisions of All Treaties Subject to
the Constitution, and None
Can Impair It.
ANN ARBOR, Mich.. Dec. H.-General
Harrison delivered a lecture this evening
before the Students Lecture Association
of Michigan University on "The Relation
of the Anrextu J"eu iioriea and Their Civ
ilized Inhabitants to the United States."
It was, as General Harrison declared, not
intended to be a legal argument on ques
tions brought into discussion by the Porto
Rican bill, but rather a popular discussion
of some of the views that have been ex
pressed in relation to our annexed terri
tories. The lecturer declared that we had
cone something out of line with our his
torical precedents not in the fact of ex
pansion, but in the character of it. He said
we had taken over peoples, rather than
lands, as heretofore. He held that the civ
ilized inhabitants of the territories were
citizens of the United States,' and that the
revenue provisions of the Constitution, re
luting to taxation for federal purposes, ap
plied to the territories. ,
The occasion for the recent departure
from precedent was found, he said, espe
cially in the character of the inhabitants
of the Philir. pines. As to Porto Rico and
Hawaii, there would probably have been no
occasion for treating them otherwise than
we have usually done. The competition of
our home products and especially the free
dom of the Filipinos to settle in the States,
were causes cf alarm. These considera
tions, .he said, might very appropriately
have had influence when the question of
taking over the Philippines was before us,
but it was now too late.
General Harrison argued that the pro
visions of the Spanish treaty and of all
treaties were subject to the Constitution,
and could not impair it, and if these
islands became part of the United States
In the sense of the Constitution, their peo
ple became citizens, and the revenue clause,
which was especially under discussion in
the Porto Rlcan case, applied. He argued
that the limitations in the Constitution on
the powers of Congress, whether expressed
in the affirmative or negative form, applied
to the exercise of that power In all places,
and that the very object In the section re-
' quiring duties to be uniform throughout
the United States, which was to prevent
Congress from establishing anywhere un
der the Jurisdiction of the United States
favored ports, would be thwarted, if for
eign goods might be admitted to Porto
Rico tree, and thence Into the United
States free. He especially dwelt on the
liberty clauses of the Constitution as nec
essarily applicable to al! civilized peoples
owing allegiance to the United States.
MISS FLAGLER TO WED.
Yoong Woman Who Tried to Frighten
a Negro and Shot Him.
WASHINGTON. Dec. 11. -The engage
ment of Miss Elizabeth Moore Flagler to
Dr. W. G. McKeen, of Badeck, Cape Bre
ton, is announced by her mother. The mar
riage will take place in June. Miss Flag
ler Is a daughter of Brig. Gen. Daniel W.
Flagler, at one time chief of ordnance of
the army. In August, lK)f, Miss Flagler
was the victim of a most unhappy occur
rence. She shot a negro boy, Ernest Green,
employed in one of the departments, kill
ing him instantly. Green had been break
ing the branches of pear trees in the
grounds surrounding the Flagler residence
in Washington. Miss Flagler warned the
lad to desist, but he did not heed her,
whereupon she fired a revolver, simply with
the intention, her friends say, of frighten
ing him away. Miss Flagler surrendered
herself Immediately to the chief of police
and waä exonerated by the coroner's Jury.
She w as subsequently indicted and tried
the following February. She was convicted
of involuntary manslaughter and sentenced
to three hours' imprisonment and fine.
This sentence was carried out. She, has
since been living In retirement at Cape
MUST ACT SOON
SENATE I'RGED TO HASTEN PASSAGE
OF THE ARMY MEASURE.
War Department IIa Ordered Return
of Volunteers, and Their Places
Must Be Filled at Once.
INSTRUCTIONS TO HACARTHUR
MUST SEND BACK TROOPS OX ALL
TRANSPORTS LEAVING MANILA.
Thirty-Seventh Regiment Will Sail on
Jan. 1, and the Eleventh.Cav
nlry on the IStlu
BIT NO EXPECTATION THAT VOLUN
TEERS WILL REJOIN THE ARMY.
Letter from Secretary Root In the In
terest of Officers Who Served
In the Civil Wnr
WASHINGTON, Dec. H.-Secretary Root
was before the Senate committee on mili
tary affairs for two hours to-day, going
over the army reorganization bill. He
urges that the anti-canteen provision In
serted by the House be stricken out, say
ing that the canteen or post exchange is
an important factor In army life from a
social point of view. He feared it might
bj difficult to secure recruits with the can
teen abolished. The secretary again dwelt
on the importance of speedy action on the
bill, saying that transports from Manila
would begin to leave San Francisco to
morrow, and that all transports leaving
J after this time would bring volunteer
soldiers back. He called attention to the
fact that civil government had been estab
lished among some of the Filipinos, and
said that It would not do to leave them
unprotected even for a short time.
Secretary Root has cabled instructions
to General MacArthur to begin the work
of returning the volunteer troops from
the Philippines in order to permit of
their discharge in this country by the
SOth of June next. This action has been
taken In anticipation of the authorization
by' Congress of the enlistment of regular
regiments to replace the recalled troops.
Plans for the organisation of the proposed
new regiments have been perfected at the
War Department and complete arrange
ments made for their speedy recruitment
and equipment. Action in this matter
awaits only the approval of Congress. It
is hopd by the secretary of war and the
military authorities that the bill for the
reorganization of the army, now before the
Senate, will become a law before Congress
takes a recess for the holidays, on the 21st
inst. The officials make no secret of their
great concern over the existing situation,
and say that the failure of Congress to
take immediate action for its rellef un
doubtedly will result in considerable em
barrassment to the government and seri
ously retard the execution of the adminis
tration's policy for the establishment of
an efficient and stable government in the
VOLUNTEERS MAY NOT RE-ENLIST.
The opinion is expressed at the War De
partment that there is no prospect of a
general re-enlistment on the part of the
volunteers in the Philippines. The records
of the department all tend to show that
only a small percentage of the state troops
are likely to offer services beyond their
present term of enlistment. Officers serv
ing with volunteer regiments In the Philip
pines have been sounded on that point and
have reported a general disinclination on
the part cf the volunteers to prolong their
fcieign service. It Is, recalled that a sim
ilar state of affairs existed among the State
volunteers recruited during the Spanish
war. There were about 16,000 of these vol
unteers In the Philippines when the vol
unteer regiments were mustered out at the
close of the Spanish war, and of that num
ber, only 1,450 men re-enlisted for service
In the Philippines in the present volun
teer army, notwithstanding the liberal in
ducements offered by tho government to
that end. Including travel pay allowance
to the amount of $100 to each man who re
enlisted. The plans of the War Department for
bringing home the volunteer troops are
shown In the following cable message,
dated Dec. 11, from General Corbln to Gen
eral MacArthur, at Manila:
"Send volunteers convalescent to the ca
pacity of the next transport returning, and
a volunteer regiment by transport follow
ing. As you report 69,000 now, the secretary
of war directs that you start home the vol
unteer regiments until the force is reduced
to 60,000, the number fixed before beginning
reinforcement by regulars. Will send you
regular regiments to further relieve the
To the foregoing General MacArthur re
plied on the 13th Inst., as follows:
"With reference to your telegram of tho
Uth, the Thirty-seventh volunteer infantry
regiment sails on the transport Sheridan
Jan. L and the Eleventh Regiment, volun
teer cavalry, on Jan. 15. The movement
will continue as directed till completed. Tho
Thirty-sixth Regiment is in the field; can
not leave at present. Authority is requested
to retain regular officers In the volunteer
service whose regular organizations are
here. Also volunteer officers now assigned
to special duty w-ho so desire, with a view
to muster out June 20. An Important ques
tion of policy is Involved, as the departure
of volunteers almost renders it Impossible
to furnish officers for special duty, the
necessities for which are increasing. Trans
pert Sherman leaves Dec. 15 with about 500
volunteer convalescents, and the transport
Warren Dee. 22 with the same number. Any
remaining will go on transport Sheridan
ROOT TO 1IAWLEY.
Letter Urging Adoption of a Bill In
Interest ot Army Officers.
WASHINGTON, Dec IL Secretary Root
lo-day sent a letter to Senator Hawlcy,
chairman of the Senate committee on mili
tary affairs, with vhich he transmitted a
letter from the adjutant general of the
army urging that an effort be made to
fcecure the adoption of the provision that
any officer of the army now on the active
list below tho grade of brigadier general
who served during the civil war when re
tired b retired with the rank and pay of
the next higher grade. "Such a provision,"
the secretary says, "is contained in Sec
tion 35 of the bill (S. Introduced by
you at the commencement of the session.
The same provision was In a similar bill
introduced in tho House by Mr. Hull and
was favorably reported by the House com
mittee on military affairs, but was stricken
out in the House, and it is therefore not In
the S. 4S00 as It came from the House
and is now before your committee. I beg
that you will restore this provision. Ap
pended to the adjutant general's letter Is a
list of all the officers of the army who
would be affected by iL You will see that
there are but 26S of all grades. You will
see that a large proportion of them have
already held and rendered service in the
volunteer forces In the higher grade In
which this provision would enable them to
retire. Among them are many who have
rendered conspicuous service as major gen
erals and brigadier generals, and but for
such a provision must now retire as
colonels or lieutenant colonels. All of
them by the terms of the provision must
have served through the civil war, the
Indian wars, the war with Spain and in
the Philippines and In China. This pro
vision gives to themafter a lifetime of
faithful and devoted service merely a re
tiring rank commensurate with the re
sponsibility they have borne and the du
ties they have performed. Congress has ac
corded the same privilege to the officers
of the navy. Surely the services and sacri
fices and achievements of these veterans
of the army leave no just grounds for an
Invidious distinction against them."
Adjutant General Corbln's letter is an
elaboration of what Secretary Root says.
SINE FOR AC0Ü1TTAL
A!D Til HE E FOR MANSLAUGHTER IX
THE FOURTH DEGREE.
Jnrr In the Case of Jessie Morrison,
Tried for the Murder , of Mr.
Castle, Could Xot Agree,
PRISONER MAY BE RELEASED
JUDGE SIIINN INCLINED TO GRANT
APPLICATION FOR BAIL.
Prosecutor Not Satisfied, and Says He
May Arrest Three Jurors on
the Charge of Perjury.
ELDORADO', Kan., Dec. IL Jessie Mor
rison's trial for the murder of Mrs. G. OUn
Castle, whose life she is charged with hav
ing taken because of her love for Castle,
ended to-day at noon In a hung jury. Al
though the Jurors did not agree on a ver
dict, the result of their deliberations came
near being an acquittal. Almost from the
start, and before the case had been dis
cussed by them, nine of the Jurors voted
for acquittal and three for conviction, the
three holding out for manslaughter in the
fourth degree, the punishment for which
ranges from six months In jail to two years
in the penitentiary. The jurors had been
out slnce Tuesday morning, and for the
last three days, realizing that they could
not reach a verdict, they had waited pa
tiently for their discharge.
The case will now go over to the spring
term of court. In the meantime Miss Mor
rison's lawyers will make application for
her release on bond, which, It Is believed.
Judge Shlnn has already made up his mind
to grant. It is not believed that another
jury could be secured in the county to try
Miss Morrison, who is a frail little wom
an, twenty-nine years of age, had under
gone a terrible strain, not only during her
five months Imprisonment, and during tha
tedious three weeks' hearing of the case,
but she showed little anxiety or nervous
ness when she appeared in the courtroom
to-day, and after the jury had been dis
charged walked quietly with her relatives
to her cell. There she threw herself upon
her cot and wept violently. Later, when
seen by a newspaper man, she would not
talk of her cae. "I don't want to say a
thing," she pleaded.
Former Probate Judge Morrison, the pris
oner's father, who has attended his daugh
ter dally through the trial, said that he
was very much encouraged. "It hows
that there Is not much doubt of Jessie's
innocence," he said. "Then," he added, "I
hear a good many folks say If the county
attorney doe3 the right thing he will dis
miss the case."
County Attorney Brumback Is quoted as
saying this afternoon: "It was all "a farce.
I knew there were three Jurors unfavor
able to the State, and would hang the Jury.
I will begin at once to investigate and ar
rests for perjury are pretty sure to follow.
Perjury has been committed In the testi
mony of the defense.".
The standing of the different members
of, the jury created great surprise. Juror
Alexander Hewitt said that as soon as'the
case was given to the Jury Tuesday morn
ing he was elected foreman. The instruc
tions were carefully read and an informal
ballot taken. On the first ballot before any
discussion had taken place the vote stood
nine for acquittal, two for conviction, one
not voting. The second ballot resulted nine
lor acquittal and threo for conviction. On
the third ballot there were eight for ac
quittal and four for conviction. The next
ballot again resulted nine for acquittal and
three for conviction, and from that time
tarly Tuesday morning-It did not change.
ONE CENT A MILE.
Rate that May Be Made for the Ci. A. R.
ST. LOUIS, Dec. H.-Chairman McLeod.
of the Western Passenger Association, ar
rived hero to-day from Chicago for the
purpoi-e of conferring with the executive
committee of the Grand Army of the Re
public in relation to the rates and condi
tions for the annual Encampment of the
G. A. R. next fall, which Is proposed to be
held in Denver. Mr. McLeod called like
wi?e on the general passenger agents of
the St. Louis lines In regard to the matter.
He also conferred with Col. Charles Make
peace Pratt, chairman of tdhe Southwest
ern Passenger Bureau. The subject is to bo
taken up again to-morrow, and the general
impression is that a special rate of 1 cent
& mile will be granted the G. A. R. for
their Denver encampment, providing only
1 that the date of the encampment is set not
earlier than the second week in September.
END OF ORDER
THE BUSINESS OF THE CHOSEN
FHIEMIS TO BE WO I'M) UP.
Cyrnn J. Clark Appointed Receiver by
Judge Leathers Upon Attorney
EXPERT BINGHAM'S REPORT
HE EXAMINED THE FINANCIAL
STATUS OF THE ORDER.
And Recommended That It Make No
Further Attempt to Cor
tlnue In Business.
AUDITOR HART'S STATEMENT
LEGISLATURE SHOULD AMEND FRA
TERNAL INSURANCE LAWS.
No Company Can Live that Pays No
Heed to Mortality Rates De
velopments of the Day
As predicted In yesterday morning's
Journal, the Order of Chosen Friends, one
of the largest fraternal beneficiary or
ganisations in the United States, with Us
main offices In the Commercial building
of this city, was yesterday placed in the
hands of a receiver. The application was
made In Judge Leather' court by Attor
ney General William L. Taylor and Auditor
of State Hart, with E. D. Logsdon, a cer
tificate holder, named in the order as a
party to the suit.
Cyrus J. Clark, cx-sheriff of Marlon coun
ty, was . named by the court as receiver,
and gave bond In the sum of 500,000, with
the Union Trust Company as his surety.
The attorneys for the order suggested
that Thomas J. YounL assistant to Thomas
B. Linn, supreme recorder, be appointed
receiver. Yount was disqualified because
he is a stockholder in the order, and then
various trust companies and different men
were suggested, but the court finally ap
pointed ex-Sheriff Clark. The appointment
was very agreeable to the State and at
torneys and officers of the order.
Judge Leathers also granted an injunc
tion which will prevent the various ledget
of the order from remitting the assess
ments lev led and now in their hands to
the treasury at Newark. N. J. Mr. Clark.
Immediately upon his appointment as re
ceiver of the order, began making an in
vestigation of the tangible assets now In
possession of the order, and sent tele
grams to various councils of the order in
the large cities to not pay nwney to any
one other than the receiver. Accompanied
by Mr. Linn he will leave for New York
to-day to take possession cf the funds de
posited to the credit of the order in tho
New York and Newark banks.
In making the application Attorney Gen
eral Taylor said he wished to Impress upon
tho court's mind that nothing was held
against Linn or Yount; on the contrary,
he spoke in the highest terms of their
method of bookkeeping, and said that in the
Investigation every Item had been found
correcL Mr. Taylor requested that thtr
be appointed to assist the receiver In clos
ing up the affairs of the order.
AN EXPERT'S REPORT.
The exact condition of the rrder, as re
vealed by the investigation conducted by
the State auditor, are contained In the fol
lowing statement made by George U. Bing
ham, expert examiner in Auditor Hart's
"Complying with your letter of Instruc
tion I have made 'an examination of the
affairs of the Supreme Council of the Or
der of Chosen Friends. I found that owing
to tho absence of the secretary in New
ark, N. J., for several weeks past checking
up the accounts of the treasurer of the
order the books are not written up to date,
and for this reason I have been unable to
make as complete a report of the financial
condition of the order as desired in the
time given to the work. At this date the
records show unpaid claims as follows:
Death benefits adjusted J327.417.04
Death benefits unadjusted IGS.Kr'j.bi
Death benefits adjusted, but wait
ing prcof of rights of benefici
Old age claims due at this date.... 24,135. ai
"To meet these claims the only ascts
are as follows:
Ono hundred shares of stock In
Homo Loan and Savings League
of New York (book value) J13.20.(K)
Offico furniture 600.GO
Claim cgainbt bond of tx-treas-urer
Assessments in process of collec
"In addition to tho above there Is some
cash in the hands of the treasurer. The
amount could net be ascertained for the
reason tiat his office is in Newark and the
secretary's books have not been written
up to date for the reasons heretofore given
"On Nov. 1 the amount was I23.72S.21, but
this and the collections since have bcn
practically used up by the warrants drawn
against it. The receipts for the Novem
ber assessment will begin to be paid to the
treasurer in a few days. These are esti
mated at $15,000. The returns from the
December assessment will not be remitted
until the latter part of next month.
The claims against the order filed each
month have been for home tlmo exceeding
the proceeds of each monthly atesment.
and the order Is now eleven months be
hind in paying its claims. The former
treasurer was found to be short In hi ac
counts J3I.C04.S5, but I think nwt of this
loss will be recovered upon his bond.
"It will bo seen from the facts thown
above that there Is no' prof pect of the or
der ever lelng able to pay the claims now
due and in process of adjustment, and also
meet the current claims that will be Med
from month to month from the proceeds
of the atcssments now levied upon its
membership. Under Its certificate and Its
laws it has the power to levy an emergency
arsessment to meet these claims, but huch
an aK?cf-nient would be üurh a large lax
against each certificate that It wouM al.
most certainly result In a lapMng of tho
"The insolvent condition, shown frorr.
figure given above, leads me to conclude
that the Interest of all those having claim.
as well a the mcmbtrchlp at Urge, wiA