Newspaper Page Text
you LXIV....X 0 ' 21.109.
PRESIDENT FOR REVISION FAVORS TAUIFW CHANGES. Conferences To Be Held at White Bouse to Decide on Amendment*. Washington. No*- - ... ,;4::I:;, ;4::I:; y Tariff that mw r * m f*T?xZ CowrrePs would benefit schedules by ••"» bis opinion, and he I. the country i** - wbo Rfjk hlB . his frank *«»"£* ; the larK . That he held tu. oPte*» "JJ , . Mown, the on Noven^U disrupt** Ms t may i- addei to— that there Is no occa r to force tariff £SSrS? inSIS irrcpectlv, of the views of other leaders of the Republican party. ti. i On the other £& the President believes that th e lexers should approach the sub ect d,,- K^tautely; that tho pros and cons should be carefully considered and an effort should ni ade by those on whom re.ts the responsibility 5 d«totoa to v.cgh carefully and justly the divers opinions; that a decision may be reached which will t»st serve the nation. The. President In his discussions of the tariff, emphasizes the fact that It is a purely economic; not a moral questioS and readjustment must be decided for or against from economic premises alone When he threw hi? entire energy and in fluence into securing reciprocity with Cuba It was because he redded the United States as morally pJedgrf to make certain tariff conces sions to Cuba. In the I'jrht of hie convictions ro course was oper. to him other than to 40 all in hi." power to secur? Cuban reciprocity. CONFERENCES AT THE WHITE HOUSE. The present situatlja. in the President's opin icn in no way resembles that which existed last fall, when h» called Congress in special session to perfect the reciprocal trade arrange ment with Cuba. Now, the Republican party f&ces a proMe:% which must be considered from a purely economic point of view. one of vital Importance to the future prosperity of the coun try, as well as of th« party, and one which in his estimation deserves 'ha best thought of party leaders. Holding; this opinion, he will. In the course of tho approaching session of Con gress, invite the party leader, to meet at the White House and discuss the entire subj. ct. Cut of thesa conferences it is hoped that a decision may be reached which will represent, not the opinion or prejudice of a single states man or a particular locality, but the best thought of the entire party, based on careful consideration of the needs of every section of the United States. Such a mothod will, the President Is confident, in^ke for the general welfare, as It will de monstrate the willingness of the Republican to Seal fairly auC squarely with the great economic subjects which it la the duty of the ihtnltiaTit party carefully to weigh, and from which broad and farset-i/a policies are con st ru.-ted. As already related in these dispatches, the President will not discuss tariff revision in the message which will be sent to Congress on De cember 6, beyond his reference to certain con cessions be believes should be made on Philip pine Imports. Neither will he, at any time, so deal with the subject as to threaten the harmony and welfare of the Republican party. He will elaborate his views in -'conversation with his advisers In Congress. wiH listen with patience to those who hold opposite opinions, and Is con fident the decision ultimately reached will be for the best interests of the whole people. THE METHOD OF ADJUSTMENT. It is noteworthy that scarcely a member of Congress regards the Dingley schedules as per fect. They differ as to what schedules should lie changed and the extent of the changes nec essary to harmonize t'n<; tariff with existing 1 conditions, Above all, they differ as to whether or not sufficient good can I •■ accomplished by readjusting the defective schedules to offset such temporary injury to business as may sue from any change. As to the method of adjusting the defective Echedules. it is too early seriously to consider it. If a majority of the leaders decide that ad justment is desirable It will not take long to determine whether such readjustment should be attempted by the Congress at a -special ses sion, whether a board of business experts should be charged with gathering the necessary data for the. use of Congress, or whether the entire affair can be postponed until the first session of thr- r:*xt Congress, a year hence. PRESIDENTS MESSAGE OVER A DAY. To Be Head on Tuesday Next, Instead of Monday, Owing to Senate Adjournment. fFEOJI THF ran wie BCBEATJ.I Washington. Nov. 29.— President Roosevelt's an- Etisl message to CongTesp will not be delivered this >*ar until Tuesday next, December <>. -the second t.xy of th« session. Usually, when nothing: Inter feres, the m< sag« Is read from th« clerks' desks of the two houses Immediately after I ■■• '•■:-< COO venes en the opt nins: day. The. deaths of Senators Hoar and Quay, irtilcli occurred in the rece will <a*ss«'t.he iirsti-onemont for a day. Immsdiatolv ;ifter tno Senate convenes. Senator of Massachusetts, and Senator Perm o'i will inform the - ate of the deaths rLi .. »U««ues. and will move th;u suitable ba passed by the- body, "and as a fur - ' tvl laark ot «*Pect. the Senate do now adjourn.'' ■fiSi" I ' ll }l ° adopted without, dissent, and i*>th h^f* ll^ 1 message is never ]irosent,-d unless <»otn hou«., of congress are in session, its reading In th« a . ypa untn th<> following day. ■%'? ™? • nUrft membership of tii« House 3SJ. th<=T9 , thai XR n ,\™" b< - II1J » d " )n lhe lower chamber how£w-?.S** ! ? a '" 1< ' '" th - Rebate, It li probable. ro«"cc«-'tf> tl * HoU6 « wUS also adjourn out of respect to the memory of Senators Hoar and Quay. PAXAHAHS PREPARING CASE. Secretary Taft Expected to R«pl y to Memo randa To-day. r^ w ' 29:~k0 conference be. wcm Foe CC n a.:.w.? d Pai:aTnans «• '->•; to-day. raored cruiser \\-- Yor r V r<l tho *'"" mnmmi judge gone. letters Offered in S*ayne Impeachment Case Kissing. ■Washington, vX£ ™ , r . too\ >* , f *,L P-Tj h ? stenographers who — rt vL I y!n <h " JU(IKe BW« lmpench ■ ivbi-h _ r * im in the testimony simt %^&& t *V***?™l* letter, which the *<rs •»<*« r-ni iJ, T\J ? cc }" h " a forgery. These l*t o^Bl^ "' mat-rial importance It Placed &<.;/,. "' "tV- W-r 8i which bad be™ 1:.«1 to-day • by (Tie rWll!, 11 ** W ."?* ''^ <Xft »'- ■ Bi T a .^ n T i^!: ll M tl , w»n,,. NEW-YORK. WEDNESDAY. NOVEMBER 30. 1904. -SIXTEEN PAGES -*t*. <^^2&.i™. MUST GIVE TRANSFERS DECISION AFFECTS CITY. Intcrurhan and Brooklyn Systems Compelled to Act by Court. fRY TE^KJKAFH TO THS THIBU.VB.] Albany, Nov. 29.— The Court of Appeals to day handed down decisions that will compel street svrfiac* railway companies In New-York City to make a prr-at extension In the transfer system. The rourt, in Griffin vs. the Interurban Street Railway Coinpajiy and In O'Keilly vs. the Brooklyn Heights Railway Company, holds that . railway company which owns or leases two or more lines must ;--yvMe transfers from one line to another. As the Interurban Company con trols practically all the surface lines In Man hattan, the increase of transfer facilities in that borough will be groat, as well as in Brooklyn, where the Brooklyn Heights Railway Company leases ;ill linos except the Coney Island and Brooklyn and the Nassau Electric railways. The railway companies win a victory In the case of penalties. The court holds In the Inter borough company's action tha 1 : a person to whom transfers have been refused cannot r<> rover more than one penalty in each action brought against the company refusing them. The court says: "A Bound public policy requires thnt only one pennltv should br recovered in a sinplo action, and thai the Institution «f an action for a pen alty Is to be regarded as a waiver of ull prevl "t:^ penalties Incurred." Under the State Railroad law a penalty of $50 is Imposed f'>r each refusal of a street railway company. PREVENTS BIG MERGER. J. S. Lt'hmaier Says Decision Blocks Unification of Traction Interests. James S. Lehmaier, chairman of the executive. committee of the Transit Reform Committee of one Hundred, which for the last two years has be^n making the fight for free transfers in this city, said last evening in relation to the de cislons <>f tho Court of Appeals in the trnnsfet cases: These decisions are of far reaching importance, not only in respect of the public's rights to free trans fers at intersecting points of the multiplicity of lines owned or leased by the New- York City or In terurbao Railway Company and the Brooklyn Rapid Transit Company, as well as street surface linea similarly owned or leased by railroad corporations in other cities of the State, but also because these derisions mark the checking of what would other wise doubtless have become a gigantic monopoly controlling the entire system of surface railways in greater New-York. The fight for free transfers has been a long one on the part of our committee, and the opposition on the part of the railroad corporations has been ex tremely bitter. The victory is especially gratifying to us as a committee, because it demonstrates that a. body of men actuated only by a desire to serve the public, and compelled to raise all of its own funds, can conduct a successful and rational cam paign against corporations with abundant means to present their Bide of a litigation to the best ad vantage, and in such a fight can secure the services of able and public spirited members of the bar with out any pecuniar^- reward. In reply to the brief submitted to the Court of Appeals by our committee counsel for the Brooklyn Rapid Transit Company admitted that one of the results of a decision adverse to the ranroad cor porations would be thai it would effectually prevent a combination of Manhattan and Brooklyn railroad companies. ,--, , The decision undoubtedly accomplishes this result, find it Is doubtless a subject for congratulation that there is no immediate prospect of the greater city of New-York being in the control of one gigantic railroad combination, except at the price of free transfers from Brooklyn to Manhattan and vice versa." If the railroad corporations are willing to pay such a price there may be some alleviation in such a combination. I have not seen th.* entire text of the court s opinions, but it appears that the court has hew that only one penalty .may be suea for ami re covered in a single action and that the bringing of such an action is a waiver of all penalties that may theretofore have accrued because of previous refusals. This, of course, will cut down very materially the sums of money which plaintiffs in speculative penalty suits expected to recover and Incidentally will doubtless affect the compensation which a number of lawyers expected. Our committee, work has been confined to estab lishing the principle and securing the result for the public generally— not for any specific individuals. It may, however, he said that there appears to be nothing in the court's decision which will prevent an individual from bringing one action on one day in the future for a refusal of a transfer and another action upon the succeeding day for another refusal. The only way in which the railroad corporation can prevent a multiplicity of actions hereafter is to obey the law. The law as declared is clear and compels the giving of transfers. Further dis obedience of the law will be costly to the railroad corporations. Henry A. Robinson, of counsel for the New- Fork <"Ity Railway Company, would not talk ■ of tho decision last, night be cause he had not Been the opinion handed down by 1 he court. CONEY FARE IN DOUBT. Transfers Must Be Issued on Trans fers on Connecting Lines. Word was received in Brooklyn last night that the Court of Appeals had affirmed the decision of the Appeilat'- Division of tho Supreme ''ourt. Becond Department, rendered last Juno, that a ptr-et railroad corporation must give to a pas senprer for a sinpTe fare a continuous rl'le to his destination on any of their linos or those oper ated !>y thf-m under lease or contract. This means That thr- Brooklyn Rapid Transit Com pany and the New- York City Railway Com pany, not only must interchange transfers be all of their lin<-.a and leased linos, but also • transfers on transfers. se before the court of Appr-a'3 Luke O'Reilly ni.t. tho Brooklyn Heights Railroad, who sued to recover under tl ?r ' penalty for the failure of the company to issue a transfer between the Cross town line and the Vanderbilt-ave. line, both of ■whi.-h are leased by the Brooklyn Heights. The municipal court gave a iudement in his favor. iir.'i tl was appealed to the Appellate :■ vision, where it was affirmed. Justice v, Iward, writing the opinion, held the railroad laws of 18H4, 1892 and !'.''«• ;• surface railroad coruoration was com pelled to furnish a continuous ri''.; ior tive cents ■ \ ■- any of Us lines or leased lin< s to any point ■■ might desire i«. rejeh. The J; ooklyi jl Ighta Railroad took the o-. v, t!i- • , and ai )•• same tin-; • . ••■; • i i ihe lease vi i 11 held t:. i Nassau had been terminated. The de does ii. it ( ompel th ■ mance <•: i a | et ween the Bn Ighta lines ''i..s.> of the Nassau Kailroad. Following Justice Woodward's opinion lasl there was considerable trouble over col lecting a second fare fora ride to Coney Island. Passengers refuslnc '." pay were thrown off hoth the ears of th< Coney island and Br< oklyn Railroad ai <J of the Brooklyn Rapid Transit Company and In several cases riots follow* i The latter railroad declared the decision could i of appb to their Con< s Island lines, as the oarq pei ited in part over an old steam rail road. ASHAMED OF VAHDAMAN. Natchez Citizens Protest Against Their Governor's Note. Notches, Miss.. Nov. 29.— One hundred merchants and representative citizens here to-day signed B letter to President Francis of the St. Louis World's Fair protesting against the phraseology of Gov ernor Vardnman's telegram to President Francis relative" to the interest manifested by President Roosevelt In the Mississippi exhibit. ) T his county gave Vardaman a large majority in the State election. «nd a number of the men who fiisned tho 1 protest were amons his uuiiportei-a. A PHOTOGRAPH THAT RAN THE BLOCKADE. General Krondatchenko superintend mining operations on the Wolf-Hills. General Krondatchnnko is the engineer who devised the elaborate defences of Port Arthur. He is her© photographed aa he was directing the laylos of land mln^s. TWO HURT IN EXPLOSION APARTMENT HOUSE ROCKS Janitor and His Wife Then Nar r&wly Escape Asphyxiation. Carl Gerhardt and his wife were injured seriously last night by the explosion of the fire box ii 111 1 th • steam heating plant in the flathouse at No. .">4;: Kant One-hundred-and-forty-second st. The explosion made the six story building rock on its foundations. All tho tenants, most of whom wore in their rooms, were thrown al most into a panic. The couple were rescued just in time to save them from death by asphyxia tion. Gerhardt is seventy-four years old and his wife Beventy-two. Two plumbers had been at work on the fur nace in the afternoon repairing the connections with the boiler. When they left the place in the evening they told Gerhardt, the janitor, that t.ie fire could be started anew at 8 o'clock. The janitor had a good fire by 9 o'clock, ami was .sitting: with his wife in their rooms, in front of the boiler room, when a little explosion oc curred. Gerhardt hurraed to see wh-ii tho trouble was. His wife was at his heels. He opened the door and* got within a few feet of the furnace, when the whole front of the fire box was thrown out. A big iron d«>or bit the old man on the left leg, severely lacerating: the calf. Both he and his wife were thrown .-n their backs. Mrs. Ger hardt was tossed out of the door leading to her apartments, while her husband landed fifteen feet away from the furnace on a heap of coal. Mrs. Rice, who jives on the floor above, at tempted with her husband to get into th>' base ment. Halfway down th*> stairs they wer« driven back by the gas, Mr. Ri< c ran to the street and called tw.> policemen. Meanwhile some nne in the streot. hearing cries of "Fire!" spread the rumor through the Metropolis The atre, near by, that there was a fir» in the house. Sum- "f Mi" ;■ u<ij.-!i< . left thHr seats, Tho ['])•>■ man on duly and th- theatre attaches restrained them. The iwo policemen ran to the house, forced their way Into the basement, and found Mrs. Gerhardt groping around on her hands and knees, seeking hi ' husband. One of them picked her up and carried hor upstairs. Tho other found Mr. Gerherdt unconscious and moan- Ing faintly, and carried him to safety. An am bulance was railed, but neither the janitor nor his wife vyould go to the hospital, though both were bruised. Both ar<> Buffering from c and thoii condition la believed to be serious. On tho sixth floor a wake was in progress over the body of Mark E. Lyons, who died Mon day Mrs. t-:i!oi: Crawford, a mourner, board the crie^ on tho street, and set up a cry of alarm. Tin- mourners, In terror, rushed downstairs into the streef. and the two policemen had their hands fulJ restraining th» frightened family from carrying the body Into the street. lIOLSTEIN COWS GO MAD. Dog Conyeys Hydrophobia to Cattle That Must Die. Morristown, N. J.. Nov. 2!» (Special). — A strange <•;,:<■ of hydrophobia in ciftle is that which luiH developed among the Ilolsteln cows of John R. Rockerfeller, of Chester. The cattle •<lf]irt"(l act most strangely, la ruing, growling. Jumping, kicking and frothing at the mouth. About four weeks ago on night the farmer found fho cattle out of the yard, and discovered an Immense black dog In the cow yard. It was evident that the dog bad driven out tho cattle. After calling the '!■>« out of the yard Mr. Rock erfeller drove tho cattle in again, and then took _- to the house. There ih<- animal wan petted by nil th» mem bers of the family, but made no response to caresses and acted sullen and morose. On that account Mr. Rockerfeller thought best io kill the <:o-_- and uui< h the cows for Bigns of possible hydrophobia. The «lo:; was killed and the cows were put In the stable. Just when Mr. Rockerfeller began to think his cattl !;..■! escaped, one "f them began acting queerly. 'Chat was about a week ;>ko. It <ut up all kinds of antics. Mr, Rockerfeller at oneti . Dr. A. W. Axford, a veterinary surgeon, who pro ounced the disease hydrophobia. He said that In all probability the entire herd had been affected, and would have to be killed. H« begun by dispatching the tir.st one after the Board of Assessors bad viewed the animal and assess* •! Its vahie. \ ibon as th* news spread through the nelgh borhoi 'i. i ■'" began coming from far and near He. Borne days there have been one hundred persons at the barns of Mr. Rockerfeller. To hoar iho cattle at a little dii tance, <>!.•■ would think they were doc;s. Another cow was killed to-day. Since hydrophobia developed In Mr. Kockerfel ler'a cattle .ill the fanners in tho neighborhood have their cattle and do«s under surveillance, ol known where tho black dog came from nor wrhal damage ho may have done before being killed. MME. CALVE HAS APPENDICITIS. Singer Unable to Appear at Vienna An Operation Thought Necessary. Vienna. Nov. 29.— Mine. Calve disappointed a large audience here to-night It was announced that she v/bh taken suddenly 111. and that the doctors have diagnosed her ailment a;< appendicitis. It is feared that an operation will be necessary. CRASH IX CENTRAL PARK A CHAUFFEUR MAY DIE. Nine Others Hurt by Collision of Automobile and Surrey. In a collision on the East Drive in Central Park last night Charles Teshlin. of No. 3"»7 East Th!rty-eighth-st.. a chauffeur employed by Charles K. Smitb, a dealer in antiques, living at No. 135 East Thtrtleth-st.. was injured, probably fatally, and nine other persons were hurt. Tesh lin is at the Presbyterian Hospital. The col lision was between the touring car Teshlin was driving and a three seated surrey belonging to Frank Conn, of No. ">2 East One-hundredth-st. Teshlin was going south. With him were his employer, the latter's wife and arother woman. There is a turn In the drive at Eighty-second-st., and as Teahlln swung the machine around It the surrey suddenly loomed up in the dark. In the carriage were Mr. Conn, his wife, his daughter, :'rs. Fanny Welramann. of No. .">'.» East One hundrodth-st.: Mrs. YVetssmann's two daughters, five and seven years old, ard Wolf Candel, of the same address. Teshlin did not pee the surrey until the auto mobile was almost on It. He swung to one side, but not enough to get out of the way of the surrey. The automobile hit the hub of the rear wheel, overturning th* surrey and thr machine Knelt Teshlin. hurled out. hit the lamppost. He was picked up unconscious. He received a con cusslon of th° brain and a lacerated scaip wound, his noso was r -oken, his back sprained and one of his ears almost torn off. The members of Mr. Smith's party were hurled from the automobile and those in the surrey were also thrown In various directions. None nere seriously Injured, though all were more or :• *s hurt or shaken up All wont home. When the surrey was upset the horses 3wung .round, narrowly missing the members of Mr. I'ohn's party, who wore lying in the road. The animals dashed to Eightletb-St., •■>. here a mount ed patrolman. Fitzgerald. stoppo«l them. The surrey was almost demolished The automobile was destroyed. Later Mr. Smith. .«peakiii2: of the accident. slid all had a narrow escape from death. He was sure that ivlther his chauffeur nor Mr. Cohn, who was driving the surrey, wp.s to blame. "The turn at Eighty-second-st. was such." said Mr. s-.nith. "as to make it alirost impossi ble f ri i any one to sc^ tho surrey coming along. It was <lark and tho lamp shower] little light. 1 didn't know what happened until my chauf feur said: 'We have hit something.' Then I didn't remember any more until after I was thrown from the machine." THREAT TO KILL JUDGE. Name of Man Who Escaped from Asylum Signed to Letter FB7 TBUMUtAPH TO THE TSIBrvS ] Trenton, N. J.. Nov. 2J). — Joseph L. Naar. Editor of "The Trenton True American." to-day made public an open letter he had received signed "William .T. Lee." Of New-York, in which the writer declares' he will kill Gnrref I). W. Vroom, judise of the Court of Errors and Ap peals and chairman of the board of managers of the State Hospital for the Insane, from which i-ustitution a William J. Lee hns three times made his escape. The letter says Judge Vroom stole from the writer the Phoenix Iron Mills. In this city, and is how trying to murder him by obtaining his recommitment to an asylum. Three years ago William J. Lee bought the Phcrr.lx iron plant, paying $800 to bind the bargain. Then hl9 sus picious actions led to the appointment of a commission to inquire Into his sanity, and he was afterward sent to the asylum. The iron plant reverted to th* original owners, and Lee's wife received the $."00 he had paid. It Is with regard to this that the letter writer accuses Judge Vroom of unfairness, although the Judge at no time figured In the transaction. Letters similar to the one received by Mr. Naar have been sent to fifty other persons and to the civil authorities. Judge Vroom also re ceived one. The Judge declares he will take no action, and the police are not likely to do any thing. The envelopes containing the. leten were marked "Return to Binney & Godfrey, Nos 40 and 50 Uodney-st.. Brooklyn. N. V." with the words 'Win. J. Lee. care of." writcn in red ink. The stamp on the envelope received by Mr. Naar showed "Registered Nov. 20, ItWM. Station H. New-York." William J. Lee has been employed for about a month sb "outside superintendent" by the Bln in y .* Godfrey Company, architectural iron workers. Nothing 1b known of him there, save thai be attends to his work well and appears ra tional. He mentioned once to a member Of the linn thai he had had some real estate business In Trenton "which didn't go his way." and that because of difficulties over it "they bad put him in an asylum," but afterward "made it very convenient for him to get out." Nothing was known of the letter, but It was said that an Investigation would be made, and that the use of the firm stationery f" r 9Uch ■ purpose would be good cause tor the dismissal of the user..' . v-.y PLUNGER IN GREAT PERIL. GOES ASHORE IN SOUND. Two Other Men Overcome After Trying Experience. I BY TELEGRAPH TO THE TKtB!NE.I New-London, Conn., Nov. 20.— After a series of dangerous experiences the United States torpedo boat Tingey. in command of Lieutenant C. P. Nelson, U. S. N., with the United St?tes sub marine boat Plunger in tow, arrived safely at this port at noon to-day. Gunner's Mate C. H. Billings, of New-York, and Electrician J. J. Welch, of Albany, are in a' precarious condition as the result of their exposure for six hours on tho Plunger with the sea washing over them. Under orders to proceed to the torpedo station at Newport, the Tingey left New-Suffolk. Long Island, where the submarine had been under going alterations at the Holland company's works, at 1:30 p. m. on Monday. Billings was assigned to steer the submarine and Welch to run her electric engine, so as to mass the best possible time out of Peconic Bay before dark. At 4:30 o'clock in Gardiner's Bay the tow line parted. Before anctner could be made fas* the first one became entangled with the Plunger's propeller, It stopped the engine: two small lines were finally made fast, and the Tin coy towed her charge slowly to the east ward. In the race the lines again parted. A heavy cross sea was running. but a boat was lowered and another line was run to the sub marine. Off Watch Hill. the torpedo boat was anchored for the night under the lee. for the wind was northwest. At 7 o'clock in the morn ing the wind jumped out from the southwest and began to blow great guns. The Unsjey, with seventy-five fathoms of cable out dragged her anchor and was in darker or" going ashore In backing her oft the Plunger's line parted again, ■nd the submarine drifted ashore ir. the surf. Quick work was necessary, for the r**a was making fast. The boat that took the wire hawser to the Plunger also put Billings and Welch on board of her. The Plunger was pulled off stern first, th? sea. breaking over the men, who bad to straddle the narrow hull to keep the hawser in position. It was bitterly cold, but they had no protection ■ The Plunger would noi tow stern first, so the hawser had to be transferred to the bow in the narrow channel of Fisher » Island Sound. The work was quickly accomplished by Billings and Welch, who by this time were nearly frozen. Th» Tingey was then roliine heavily in the trough of the sea. Just before shaping her course for New-London Harbor, the government "tug Castle, Captain Albert Earl, which was passing, was hailed by Lieutenant Nelson, who asked him to stand by. He did so. an>l finally assisted the Tingey at the expense of getting the Plunger's hawser in the Castle's propeller. Bravely sticking to their oosla to the last. Billings and Welch collapsed as ' soon the Plunger touched the pier in New-London. They were carried on shore by their comrades ap.fl placed In the Tin<ey"s cabin. Welch was un conscious for soul- 1 time, and Billings was .little better. Their bodies were purple with the COM Dr. Cronin, of this city, after attending: them. said that while their condition was serious they would probably recover If pneumonia did not pet In. The Tingey will proceed with the Plunger to Newport to-morrow, after her divers have cleared the oronellen of the ropes. FIGHT IN THE WATER. Detectives Use Revolvers in Dark Cellar— Take Three Prisoner* After a struggle In three fe,»t of water In a dark cellar, with their revolvers drawn, de tectives and several policemen from the West Thirtleta-st station finally arrested three men last night, whom they charge with burglary. The fight lasted ten minutes. Several shots were fired. The men arrested said they were Thomas Far rell, of No. I'3S East Eisrhty-ninth-st.; John Foley, of No. 4"»1 West Thirty-fourth-st.. an I Henry Piper, of No 4-7 Waal Sixteenth-st. Several large lead dldcs in the house had bt?en cut, and from them water had Bowed into the cellars of the adjoining houses. The tlowing water led to i bo discovery of the crime. Detectives Pflug and O'Brien found that the water apparently came from No. 138 West Thlr ty-thlrd-«t. They went to that house nnd heard voices in the rear of the cellar. Pflng suddenly was struck on the back of the head and he fell, stunned, down a flight of s:airs into lbs water. O'Brien grabbed Pilugr. Then, seeing persona running about the cellar, he tired several hot-. Pflug. in the mean time, had revived, and the two detectives guarded the entrances to the cellar, while a boy was sent for other policed men. The cellar »as then surrounded, ant] » th their revolvers drawn, th, detectives went :>» »"eck the "•• '■' the- cellar. There th?y were attacked. Before the prisoners were riV.a.ly iuib dued every one was wet to the .skin. The men. it Is alleged, broke into the cellar and then cut the lead pipe. PRICE THREE f FATR NOGFS WEDGE EFFECTIVE l>( ) li T S DEFENCES F. / Ll^ Besiegers Said to Hare Lost l£k% Men in One Hour. Snbstantinl gains, press dispatches sar have bren made by the Japanese at Port Arthur, and the fall el the fortress is con* sidered to be certain within thrre weeks. Several forts. nmonp them 203-Metre Hill, are reported tnken. The casualties have been enormous, the Japaness losing, it is said, 4,000 men in one hour. Fighting continues," though there is a rumor in Berlin that the Japanese have abandoned th» assault. Official dispatches from Port Arthur show that the Japanese have made gains, but that the hardest fighting is -.pparrntly to come. The assault has been directed chiefly against 203-Metre Hill, the Sung-Shu forts and tha hills east of the latter position. The attack continues. The four days' fighting on the easternj flanks of the armies on Ike Shakhe reaaed on) Moml^v morning, denenl Kuropatkin re ported that his troops buried 2r*o .Japaaessy bodies after the engagement. The movement is reg.-mled by the Russians ts a feint, jiation having been r»eeived that Field Mar shnl Ojasaa is not strong enough to take thea offensive. * SIEGE'S HND IN SKiHT Tzienty-f-ne Days Allotted by Jap* anese — Fighting Goes On. London. Nov. So>.— According to a Tokio dis patch to "The Standard" there is an unofficial rumor that the Japanese bauie<l large calibre guns to the top of 20K-Mctre Hill, from whenco their fire has a sweep of th.* whol? harbor. This report doubtless g->es beyond th- fact% but various dispatches indicate that the Jap* anese are making progress I'» the reduction of Port Arthur. Japanese here explain the great importance of the capture of 2ußVMetrc Hill, which, besides giving command of the harbor, will serve as a wide breach made by the wedge the Japanese had previously driven between the Itae group and the Russians* last retreat In the ravines of Lao-Teai-Shan. The Japanese say that retreat to Lao-Teai- Shan will be effectually cut off, and that It is cot unlikely that this hill will be simultane ously attacked in th.- final assault. A ilispatch to "The Daily Telegraph" from Che-Foo says that in the last assault the Jap anese lost four thousand men in one hour"3 righting. The : Japanese say they have captured two more of the northeastern forts and a third, which is part of the West Kikwan fort. The Japanese add that they have effected a lodgment at Pigeon Bay. thus turning the fort on ■ '.-Metro Hill, and that they are no^r tunnelling from the gorge below Lao-Teal-Shan, which they hope first to damage and then to rush. The dispatch continues: Desperate fighting is proceeding daily, antj the losses are admitted to be excessive, but tha Japanese insist that Port Arthur must fas] within twenty-one days. ' Th* Morning Post's" correspondent aft Shanghai telegraphs that wireless communica tion ha Veen re-established between the Rus sian Consulate at Che-Foo and the Port Arthuj? garrison. ASSAULT ABANDONED? Japanese Reported Unable to Enter Shattered Forts. Berlin. Nov. 3sV- A dispatch from Toklo to th» "Tagliobe Rundschau" reports that the Japan-* ese storming of Port Arthur was abandoned enj November 2S because, though large breaches had been made in the «-?hu. Rihlung amf Kikwan forts, the Japanese were unable to en ter tin account of the heavy fire from the'othe»» ft ts and the resistance of the garrison. (REST OF HILLS TAKEN. Japanese Report Gains in Assault on Port Arthur. T. ■'.;!!>. No/. '_■'• Imperial headquarters to* night summarized the Port Arthur situation as follows: With regard to the enemy's forts at Sung-Shu Hill and eastward, we have firmly captured tbej (.rests, rUvjs and counterscarps and .their v. ; oii:- Ittes, but the time to charge has not yet come. At present we are destroying the ca?entent9 and other caponiArts. At aOS-Metre Hill by several charges we suc ceeded in capturing the enemy's shelter trenches near th^ summit. At present «>ur fr.voe Is hold in?: its; position and e:n»<?a\ on.it- to capture the It is repotted that the attack a«t:ist -03- Metre Hill by Japanese light airttllery is i«e«as> Ing. It is estimated that ot> yer c^-nt of the WOTS, cf the complete occupation of Port Arthur will be finished with th!s height in possession of tha Japanese. No part of the harbor of Port ArtJiar will then be concealed from thrm. Che-Foo, Nov. ll».— Chine?? anil Japanese ad vices received here to-day indlcete that the as sault on Port Arthur was continuing' on No vember 27. The CsjbMSjs say that une trass oZ thirty cars recently arrived at Port Dalny with wounde men. No prisoners were made. The Japanese position is most premising at Rihlanx HJH and Kikwan Hi!!. anJ tfc? att&A was designed tc» Increase th«* po-w-«»r of BBS DO riticp.s. A deiachment of the Eleventh Division began the advance On the afternoon of No vember -•». foi'owins several days' bombard ment, rushing against thy trercher guarding th* approach to the southeast fort of the K:knaa group, the Japanese artillery In the ir.eariwhno throw it-, c nil th» 'r.i M:*! possible against th* Rihlung tint! Antsu forts. The possession oj the trenches was stubbornly contested. After five hours' fighting and several reyulst*