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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, May 12, 1906, Image 1

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YlllY 111 - LXVI... N° 121.727.
ALLISON' \VL\S (il!0l"M).
Senate 'Approves Four— Bailey De
feated—La Foliate Sat On.
[From Hi* Tribune Bureau.]
Washington. May 11.— was a field day In
the Senate. Two decisive and significant votes
were cast whereby the strength of the opposi
tion to the Bailey amendment, circumscribing
the powers of the Judiciary, and the unanimity
with which the Allison compromise will finally
be adopted were clearly demonstrated. In the
course of the debate Senator Rayner paid his re
spects to the President in a humorous speech.
end Senator Bailey charged the Executive with
•Complete surrender." Senator Aldrich came in
for a considerable number of more or less
humorous thrusts, and Senator La Follette re
ceived a forceful reminder of the disfavor with
which he is held by his party colleagues. The
•rst four of the amendments contained in the
Allison compromise were adapted without divi
sion, leaving four still to be acted on.
When Senator Bailey moved the adoption of
Ms amendment prohibiting the granting of a
temporary injunction, interlocutory decree or re
straining order, against an order of the Inter
state Commerce Commission, pending the ren
dering by the court of final decree, he devoted
bis allotted fifteen minutes to a speech In -which
be arraigned the President for having com
pletely surrendered to the advocates of a broad
review. Despite the alleged strength of the
Bailey proposition It was defeated by a vote of
14 to 23. The only Republicans who voted for
the Bailey proposition were Senators La Fol
lette, Hale and Burkett. while eight Democrats —
Senators Bacon, Clark, of Montana; Culbersou,
Daniel, Morgan. Xewlands, Pettus and Talia
ferro — voted against the proposition.
A little later Senator Rayner moved the adop
tion of an amendment, restricting the authority
of the courts to review the orders of the Inter
state Commerce Commission to the two ques
tion? whether the constitutional rights of the
Eppellant had been infringed and 'whether the
commission had exceeded its authority, this be
ing the proposition contended for all along *7
the advocates of a "narrow court review." The
amendment was rejected by a vote of 55 to 24.
Mr. La Toilette was the only Republican to vote
for the Rayner proposition, while Messrs. Mc
■Seraey. Foster. Morgan. Pettus and Clark, of
Montana Democrats) voted against it. This
vote •ay be accepted as demonstrating the
strength of the Allison compromise proposi
Speaking to his amendment. Mr. Rayner
teased a hearty laugh when he declared that
"rmfortTinately the President is so constituted
that he cannot look at a trap without fooling
with the ring." Mr. Rayner aJleged that the
President had been caught in a trap set for him
by the senior Senator from Rhode Island, Mr.
AMrJch; that he had seemed almost to extricate
hteFf-lf at one point, hut that he had persisted
with his experiments and had finally ensnared
himself bej-end • scape, "and the Republican ma- '
Jority is row engaged in aligning itself with the
President." added the Senator from Maryland.
Sir. Rayner declared that the first emissary I
from the White House had been Senator Long. '
who came bearing, duly signed nnd authorized,
credentials and a narrow court review amen*- |
inert "Iwt that the Executive was either too !
weary "or too Impatient to await the happy re
fjit of bis first ambassador's effort,"' for a little
inter the Senate had witnessed the appearanco
of "another royal ambassador in the person of
the senior Senator from lowa, who not only j
brought duly sipned and authenticated creden
tials, but whose papers had absolutely indispu
table authority from the coat of arms of the
Ftate or Khoie Island."
"The situation is quite clear," said Mr. Ray
ptr The President is now clasping to his
bosom th^ senior Senator from Rhode Island.
" "You have In the Allison amendment the
bmadfst court review it Is possible to devise,"
concluded the Senator from Maryland.
Senator Long immediately took the floor and
refuted the argument of the Senator from Mary
land, although be surprised his colleagues by
Fayir.g- that If Mr. Rayner would offer the Lon»?
amendment he would vote for it. Senator Alli
son followed the Senator from Kansas.
Mr. Allison declared that he and the Presi
dent had received credit for that which they did
rot deserve, as neither of them was the author
ct the so-called Allison amendment. ■
Mr. Allison insisted that the Rayner amend
ment warn practically the same as that offered
by himself, ard that this fact could not be
changed by any amount of declamation. He de
clared that orders of .the commission under this
till would have the force and power of legis
lative enactment, that they would, of course, be
rtibject to review by the courts, and that the
«>E?erririg of Jurisdiction to review such enact
ment did not lie In any amendment, but eman
£t*i from the Constitution. The Senator paid
that to talk of a broad review and a narrow re
view was to talk nonsense. The lav,- rails for
"a Just and reasonable rate," and a Just and
reasonable rate was only another name for
that "just compensation" which the Constitu
tion prescribes that every man shall receive for |
Ills property, and only as to that would any
court Inquire. He said:
Thetwst of this law ts Its constitutionality and
wj-.etner the oommiaslon has exceeded its au
thority. There can be no ether thought It
*oes not require a lawyer of many years" stand
ing to know that the contentions of the Senator
irom Maryland are impossible contentions. I
venture to assert that no court will sustain his
Senator Bailey advocated the Rayner amend
ment despite the fact that earlier in the course
of the debate he advocated the broad court re
view He charged the President with uncondi
tional surrender, and paid his respect,, to Senator
Aldrich. of whom he said that he "always knew
what he wanted, and generally got It "
Senator Money declared that the Allison com
rrr.mise was a victory for Mr. Aldrich, saying:
The Senator from Rhode Island has no obiec-
Uoa whatever to the President winning the came
provided he (Mr. Aldrich » gets the stake
Mr. Morgan spoke against the Rayner amend
tnent and supported the Allison proposition in
a brief, but effective speech. He characterized
the discussion of the Hepburn bill in the Senate
M"a magnificent and tremendous debate." He
fa!d that every one is agreed that the rate to
be prescribed by the committee must be "Just
tJid reasonable." and declared that these words
were osvnj with legal jurisprudence." He also
saii- •
It is clearly obvious that the remedy against
a rate order which is not Just and reasonable
tQSSt He in an appeal to the courts. You cannot
keep a man suffering from an unjust and an
Unreasonable order out of the courts. The- full
est, broadest review is the only constitutional
The remainder of the sescfon was devoted to
voting down numerous La Foßette amendments,
fra^h of which the Senator from Wisconsin per
**lfcj in advocating at length both in his own
C«eUa»dd *>» fair* r*B°-
i^rj?i& i fair anfl imrm^r. sf*
To-morrow, fair; warmer: trehtTly wind*.
WilUamsburg Man Killed in House
• Answering Call For Police.
Frederick Snyder. thirty-six years old, son of
a wealthy real estate dealer of Williamsburg,
was shot and killed instantly early this morning
tn a big flathouse at No. 254 Union avenue,
Williamstturg. The body was found lying in the
hallway of the house at this number and there
Is considerable mystery about the shooting.
Snyder lived with his father at No. 10 Jack
eon avenue, which is directly opposite the
Union avenue house. This house is part of a
parcel of property owned by Bnyder*s father.
According to the police, young Snyder was said
to have heard a cry of "police, police." coming
from the T'nlon avenue house shortly after mid
nieht and rushed out of bed and into the house
•cross the street.
He had hardly got inside the house when thre9
shots were heard. A policeman named McQuil
lan, attached to the Herbert street station, heard
the shots and hurried to the house. He ran into
an Italian named Morella coming out.
"Who fired the shots?" tho policeman says he
inquired of Morella,
"I did," Morella answered, according to the
policeman's statement.
McQuillan took Morella inside, and as they
were passing through the hall they stumbled
over Snyder' s body.
There was a spark of life in the body, but the
man was unconscious. McQuillan called an
Eastern District Hospital ambulance, but Snyder
was dead when it arrived. His body was carried
across the street to his own home.. He was in
his stocking feet and apparently had just slipped
on some clothing.
All the families living: In the house are Ameri
cans. Morella is a wealthy Italian who had a
furniture store on the ground floor of the struct
ure. Inquiry throughout the house showed that
no one had called for the police. Every family
in the noose denied that there had been any
trouble or any cause, as far as they knew, for
calling- the police. Snyder' s family maintain
•that they heard the cries for help and that their
son was in bed.
Investigation later showed that Snyder had
been visiting a family on the second floor earlier
In th«» night.
Condition Varied Yesterday, with
No Tangible Improvement.
Car) Schurz. who is ill at his home. No. 24
East 91st street, showed no tangible change for
the better last night. Early yesterday morning
he seemed to have Improved slightly, but later
his condition changed and his son sent a mes
sage to Dr. Jacob!. Mr. Schurz said his father's
pulse showed dangerous indication?, and he was
much worried. Still later the patient rallied
somewhat and toward the close of the day
seemed, on the whole, to have been as strong
as earlier. Andrew Carnegie. Edward L. Pre
torious. of St. Louie, and other friends called
during the day.
At 10:30 o'clock last night the following bulle
tin was Issued by the physicians in attendance:
No tangible change for the better. Takes
nourishment. Puise of fair quality. Respiration
rather more frequent. Two moderate attacks
of pulmonary oedema during the day. No pain,
but rather more restless.
At 3 o'clock thts morning bis condition was
said to bo unchanged-
Leather Market Destroyed— Several
( 'asualties—Loss, $ ?,000 ,000.
Paris, May 11. — The leather market in the
Gobelins District was burned to-night. Many
workmen's dwelling houses surrounding the
■ were also destroyed. There^rere re
ft of carboys of acid, and 2,000
barrels of oil were destroyed. The walls of the
market fell in. Injuring several policemen and
Bremen. Th*- damage is estimated at $2,000,000.
Eedhot Shower After Explosion Sets Shanties
on Fire.
[By Telegraph to Th»- Trib.-n*
Pittsburg. May 11— As the result of an ex
plosion in one of the blast furnaces of the Jones
& Laughlin Steel Company h(-re to-day molten
metal, redhot lime, stones and cinders were
thrown hundreds of feet In the air, the spectacle
resembling a volcanic eruption. In alighting the
mass fell on the roofs of many shanties occu
pied by Italian laborers in the plant, and situ
ated several hundred yards away. A dozen fires
started at onre. It required a half hour's work
by the firemen, assisted by hundreds of laborers
from the null, to save the shanties of the la
Party Leaders Decide to Stop Mandamus
Proceedings on Ohio Governor.
| By Telegraph to The Tribune.!
Columbus, Ohio. May 11.- The scheme to oust
Governor Pattlson and mandamus Lieutenant-
Governor Harrison into office has failed.
Long distance telephone calls from Senators
Foraker and Dick and emphatic expressions by
them of their disapproval of the whole scheme
settled it. and the backers lost heart and decided
to drop the affair. Had politics is the reason. To
attack the Governor when he is ill is considered
impolitic, the party leaders say, and the test
of bis qualifications at this time must be aban
L. M. Cordonnier Wins First Prize for De
sign of Building at The Hague.
The Hague. May 11.— Awards In the competi
tion in designs for the Palace of Pea. c were
made to-day. The first prize, 98,000, was
awarded to L. M. Cordonnier, of Lille; the sec
ond, $£290. to A. Marcel, of Parts; the third.
$1,750, to Franz Wendt, of Charlottenhurg, and
the fourth. 91.200, to Otto Wagner, of Vienna.
A prize of ST.'jO was awarded to Messrs. How
ard OrsenJey and H. B. Olin. of New York, and
the same amount to Franz Schwechten, of Ber
The winning design is in the style of a North
ern French chateau. The main building will be
Banked at either end by high towers, with a
facade. M. Cordcnnier is about forty-eight
years old. He v.on in 1885 the first prize in the
competition for the Amsterdam Bourse.
Leave Ne« fork B.lfl P. M. arrive Cleveland to;.
torning. A superb truin. by the New York
Central Line».--Adv*-
NEW- YORK. SATURDAY. MAY 12, 1906.51 XTEEN PAm\-..j»»^ lin ,
Asks Court to Enjoin Uscofßo-Ceni
Rate by Nerv Amsterdam.
A long printed complaint was filed In the
United States Circuit Court late yesterday after
noon by the legal firm of Joline. Larkin & Rath
bone, as counsel for the Central Trust Company
of New York, against the New Amsterdam Gas
Company. Attorney General Mayer, District At
torney Jerome and the three members of the
State Commission of Gas and Electricity. The
complainent asks for Injunctions restraining the
enforcement cf the SO-cent gas lav., on the
ground that it is the trustee of $20,000,000 •">
per cent bonds issued by the New Amsterdam
Gas Company, the holders of which securities
would be Irreparably injured if the law were to
bs enforced. j
Figures are given to show that if compelled to
comply with the SO-cent statute, the defendant
gas company could not earn sufficient money to
pay the interest on the bonds, thereby depriv
ing the owners of their property rights in direct
contravention of the provisions of the Fourteenth
Amendment to the Constitution. In addition to
temporary Injunctions to prevent the officers
named .as defendants from enforcing the law, a
restraining order is asked against the New Am
sterdam Company to prevent it from complying
with the law. The complaint says the Central
Trust Company seeks to protect its bondholders
from unjust discrimination.
The complaint begins by stating the condi
tions under which the New Amsterdam Gas
Company was formed in June. 1898. through a
merging of the older New Amsterdam Gas Com
pany with the New York and East River Gas
Company and the Equitable Gas Company. At
that time the complainant was the trustee of an
issue of $3,500,000 5 per cent bonds of the New
Amsterdam Gas Company, due In 1932: the New
York Guaranty and Indemnity Company, the
trustee of an issue of $3,500,000 bonds issued by
the New York and East River Company, due
in 1944, and the Knickerbocker Trust Company,
the trustee of an additional issue by the same
corporation of $1. 500,000 of bonds, due in 1945.
After thp consolidation the new corporation
issued $20,000,000 bonds to the Central Trust
Company, as trustee, due In 1948. Of the total
issue, it is stated. $11,535,000 is outstanding, but
$8,500,000 was set aside to provide for the pay
ment, when due. of the oustandlng bonds
amounting to that sum issued by the three orig- "
inal companies.
The complaint then cites the creation of the
Commission of Gas and Electricity, the powers
given it by statute, the subsequent passage of
the gas laws and the order of the commission
for 80 cent gas and fixing a' penalty of $1,000
for each proved violation. The New Amsterdam
Gas Company, it is alleged, has a capital stock
of $20,000,000 and an actual investment in plants
of over that sum, not counting its franchise and
goodwill. Since its origin. In 1898, the New
Amsterdam company has never paid a dollar
of dividends to its stockholders, the complaint
states, its entire profits havirig been used in
betterments. The cost of the manufacture of
gas in 3905 is Riven as 68 cents, and the <■> -*r
of manufacture in 1906 estimated at. 72 cents,
a thousand cubic feet.
Estimates are given to show that if Its Income
was limited to 80 cents, the gas company would
derive only 1 : 4 per cent profit on its investment,
exclusive of the valuation of its franchises or
goodwill. Complaint is - also made that th«
commission, in making Its, estimates' on which
the 80 cent pas order was based, failed to con
sider these equitable values, or the right of the
pas companies to realize a fair percentage of
profit on them. The interest on its bonded in
debtedness, the complaint points out. amounts
to over 35 cents for each 1,000 cubic feet sold.
The enforcement of the 80 cent rate would be.
it is held, an unreasonable and confiscatory
rate of compensation for the gas and service
furnished. It is a physical impossibility, the
complainant Insists, for the gas company to
comply with the provisions of the law. and such
compliance would, cause a loss of $1,500 a day
to the New Amsterdam company alone. The
penalty of $1,000 for each violation is pointed
out, together with the fact that the law gives
Attorney General Mayer and District Attorney
Jerome no discretion about commencing actions
to recover the penalty.
The complaint deals at length with the hard
ship compliance with the law would work to
the bondholders, and states that the New Am
sterdam company could not meet its interest
payments, which would result in foreclosure ac
tions under the terms of the outstanding bonds,
and that as 98,800,000 of these were issued by
the three original companies. It would result in
separate suits and consequently separate sales
of the property. This would greatly damage
the value, which is greatest as a unit, it says,
and would deprive the holders of the bonds of
their rights without due process of law.
Attorney General Mayer, District Attorney
Jerome and Messrs. Gunnison, Shedden and Da
vies, of the State Gas Commission, were served
with an injunction, issued last Tuesday by the
United States Court, to restrain them from put
ting the 80 cent gas law Into effect. At that
time a representative of the Consolidated com
pany fc-aid that pras would be sold for 80 cents,
despite the filing of the injunction, until the
courts had settled the matter. This order is re
turnable next Monday.
Several University Students Hurt in
Scrimmage with Show Men.
Columbia, Mo., May 11.— Several state univer
sity students were shot and otherwise injured
in a figlit with employes of a circus last night
A show man was Ehot in the jaw end !
circus employes were hurt.
The students refused to vacate the ten! when
the performance i. ; i«i ended in.?: night,
ing that they would stay for the concert and
no! pay. Circus employes rushed the students
with tent stakes, and a fight followed. There
upon the students left the circus grounds and
greased the railroad track, A car of the cirous
train was derailed. Circus employes sprang
from thf train and another light ensued, during
which shots were fired and knives and clubs
Suicide Cuts Off Sons. Who
Espoused Cause of Mother.
-j;.I. to "He TritKRML]
Pittsburg. May 11.— George I>. Allshouse. who
committed suicide at his h<>in.- Ifi Wilmerdlng,
left a will in which lit- gives all of his estate.
worth 9100,000, to his housekeeper. Miss Cath
arine l»a\ is Kelly His four sons, who espoused
their mother's cause when she secured a divorce
a year ago, are cut off.
H. Frank AUshouse will get nothing: Edward
and George D., Jr.. will get $5 each, and Will
iam will get $100. The estate consists of val
uable real estate, in Wllmcrding.
The divorced wife of the suicide is dangerously
ill and has not learned of her former husbands
death. Allshouse was one of the three original
•drummer boys of Shlloh," and served through
ttu» reb-^'loiu
Many Bruised in Stampede — Ani
mals' Hotels Add to Terror.
There was a panic in the audience at the per
formance of the Frank A. Dobbins circus at
New Rochelle last night. The main tent look
fire from exploding gasolene and was destroyed.
The firemen managed to save a part of the
seats and checked the flre just as It reached the
tent containing the menagerie.
There were about two thousand persons in the
tent when The conflagration srarted. A midair
acrobatic performance was in progress when
one of the big gasolene lamps on the main pole
burst and set fire to the gasolene in the main
tank, which contained perhaps a barrel. Tho
blaze shot up around the centre pole and quick
ly ignited the canvas and ropes above.
The explosion and flaring up of the oil caused
a wild stampede for the exit. Th«*?circus em
ploye* cut emergency exits in the tent, and all
escaped from the tactasnre without serious in
jury. Many, however, were bruised In the crush.
Most of these injured received their hurts by
dropping through the bleacher seats and striking
the supports in their hurry to get out. The bJg
tent was emptied inside of a few m'nutes. but
before the last of the crowd was out the flakes
of burning canvas were dropping on the ring and
A call had been sent out at once, and the
firemen began to drown out the many fires
which started in the seats. Some of the burning
canvas was carried by the wind into the straw
with which the menagerie tent was littered.
This blazed up slowly, owing to its being wet
and damp, but gave out a dense smoke which
frightened the animals, and their roars and cries
were of great assistance in getting the crowd
out of the way of the firemen. It was feared
that some of the animals would get loose, and
the people hurried home or stood far enough
away so they were out of immediate danger.
The cages of the animals were hauled out of the
tent into the open air and none escaped. John
Sullivan, a circus employe, sustained a broken
leg while helping to get out the animals.
Wife Drives Off Assailants with
I By Telegraph to Th» Tribune. 1
Johnstown, Perm.. May 11. — For the second
time since he has been in the Winber field or
ganizing miners Joseph Genter, of Spangler,
was assaulted to-day at the Wilbur Hotel, where
he had lodgings.
Genter was called from upstairs to the tele
phone, and as he passed through the hall two
men jumped from a passageway and pummelled
him over the head. He shouted for help and
ran to his room, his assailants in pursuit, rain
ing blows with metal instruments over him.
Mrs. Genter heard the fracas, and with a re
volver came to her husband's assistance. The
men fled. Later Thomas Jones, of Philadelphia,
and George Beck, of Boston, were arrested,
charged with the assault. Genter had his
•voiii.d? dressed at a hospital.
It Was Shipped Back from
Shanghai. Suit Brings Out.
The Apiiellate Division of the Supremo Court
handed down a decision yesterday reversing a
judgment of the trial court in the case of Arthur
B. I>owler against Swift * Co. A verdict for the
defendant was ordered by Justice Glogerlcb. It
was brought out In the argument yesterday that
Swift & Co. had nearly three hundred tierces of
nickled beef, shipped in 1900 to Shanghai for the
Orman troops during the Boxer outbreak, re
shipped to this country on June 5. 1901. and sold
for $1,326 60. although it was badly spoiled. It had
been chemically treated before it left Shanghai.
Dowler sued Swift * Co. to recover $7.1<2 89. with
Interest, which his assignors, Arnhold. Karberg &
Co.. had advanced to Swift & Co. for the meat.
The company sent the meat to the purchasing firm
at Shanghai, which returned it to Swift & Co.'s
agent, who reshlpped it to the United States.
Scurvy had broken out among the German troops
and the use of meat was forbidden.
Justice Patterson wrote the opinion. He said it
was conceded that the Shanghai firm made every
effort to sell the beef and could not. The applica
tion for the direction of a verdict was based upon
the negligence of the firm to inspect the goods
when they arrived in China, and also upon its fail
ure to perform the condition precedent in failing
to Inform Swift & Co. that the goods had not been
resold. A new trial was ordered.
Americans Arrested for Poaching Obtain
Counsel The Canadian Seizures.
Washington, May n.— Edward H. Thompson, the
American Consul at Progreso, Mexico, ha* advised
the State Department that all the American fisher
men arrest*. l for alleged poaching off the Mexican
coabt and placed in jail at Progreso have beet re
leased under Mr. Thompson's pledge for th. ir ap
pearance, and some of the best lawyer* in the
Ftate of Yucatan have been retained to defend the
fls tier men, who still maintain they were nshin?
well without the waters controlled by the Mexican
government. Until the Mexican courts have dis
posed or the casts there will be no diplomatic rep
resentation between the two countries.
The seizure by Canadian cruisers of the fishing
smacks the Rayman. of Boston, and the Parthia, of
Gloucester, add* another to the many vexatious
casts or ihi. kind, regarding which the State De
partmenl is now -preparing to negotiate directly
with the British government tnreugh Ambassador
J>urand upon his return to tnis country from Eng
Chicago, May 11 John Alexander Dowie is
critically si. k in bed, and bis strength is said
to be failing rapidly. Dr. Blanks, who has been
istant attendance on Dowie since his re
turn from Mexico, said to-night that Dowie
might Hve ten .lays, but i'iat a fatal terminatfcn
of the disease within two or three days would
liot be surprising.
. Tctecras* !■• Th.- TtibtoM.]
Cleveland. May 11.— The Committee on Ju
diciary of the City Council this afternoon con
sidered s unique plan in connection with the
intend* d adoption ot a curfew law for Cleveland.
The members had planned to have whistles
blown at s mid 1» o'clock p. m. to inform girls
and boys that it is time for them to be at home.
Mrs. Frederick C Curtiss. wife of a physician,
urged the purchase of thousands of small alarm
ckx ks to take the place of whistles. Her idea
was to set the clocks and tie one to each child.
Tunis. May 11 — Sidi Mohammed. Bey of Tunis,
died this evening at his summer palace, from a
disease from which he had been a sufferer since
ll*>4. His cousin, Mohammed El-Nssr, succeeds
Purert Water. Tel. CISI Franklin.— Advt.
Wonder of Chicago and St. Louis
Mass of Twisted Wreckage.
[By T>le«Taf>h to Th^ Tribune!
St. Louis, Slay 11.— The Ferris wheel at the
World's Fair Grounds was blown up at 4:30 p.
m. to-day. A hundred pounds of dynamite was
exploded under the supports at the north side
of th» structure, wrecking the foundation. As
the wheel settled it slowly turned, with the bot
tom of the wheel as a support; then, .after tot
tering a moment, it slowly collapsed.
It did not fall to one side, as the wreckers had
planned. It merely crumpled up slowly, and
within a few minutes was a tangled mass of
steel and iron thirty or forty feet high. The
huge axle, weighing seventy-four tons, dropped
slowly with the r*st of the wheel, crushing the
smaller braces an.l steel framework into fan
tastic shapes and forms. When the mass final
ly stopped Fettling it bore no resomhtance to the
wheel so familiar to all visitors of the St. Louis
and Chicago expcsrti-.ns
Troops in Pursuit of Marengo in
British Territory.
Cape Town. May 11.— It Is reported that in a
fight, on May 4, the Germans pursued the rebel
chief Marengo four miles over the eastern
border of German Southwest Africa into British
territory. The Cape police protested against
this violation of the frontier, but the German
commander refused to retire, saying that he
intended to "finish his job." Marengo. who lost
twenty-seven men in the engagement, is be
lieved to be hiding near the l>order
The Cape government, through the German
Consul, has formally protested against the vio
lation of the frontier.
Rumor of Radical Changes in Man
agement of Railways.
London. May 12 — In a dispatch from Toklo
to The Pally Telegraph" it is asserted that
China is about to make radical changes in the
organization of all the railways in the empire.
Telegraphing from Peking on May 11. the cor
respondent of "The Times" says:
A meeting of diplomats was held to-day to
consider the customs edict. Nothing was done
pending the arrival of instructions from the
several capitals, but there are satisfactory in
dications that the powers will make common
cause on the matter. It is no secret that money
is wanted by the Chinese govennneat for the
army, and revenues from railways and customs
are the easiest accessible.
Train, Axe and Creek Had Failed
Real Estate Dealer.
[By Tetrgraph to Th* Trtbun*. ]
Sioux City, lowa. May 11.— Despite resistance
of his wife and two nurses. J. W. "Wilson, a
wealthy real estate dealer of Presho, S. D..
pitched himself head foremost from the second
story window of the hospital here to-day, and
was killed. It was his fourth attempt at self
destruction in the last week. At Manila, lowa,
he leaped in front of a train, but was thrown
from the track little injured. He went to th«»
rear of the hotel where he was staying, and split
his head open with an axe. Crazed by the Msw
and by the sight of Mood he ran to a creek and
Jumped in. A railroad man rescued him. His
wife believed he was sane but worried about re
cent investments.
Carmack and Taylor Fighting Hard
for Tennessee Senatorship.
I By Telegraph to The Tribune. 1
Nashville. Term.. May 11.— Edward W. earmark
and ex -Governor Robert L. Taylor, candidates for
United States Senator, made the closing speeches
of the campaign to-night. Mr. Carmack spoke in
this city and Mr. Taylor at Jackson.
The primary election will take place to-morrow,
and the vote will be> the heaviest cast in years, as
voters will not have to present registration certifi
cates or poll tax receipts as in regular elections.
The campaign has been unusually long and heated,
the candidates having devoted nearly six months
to speaking. .
Great enthusiasm has been manifested through
out by the adherents of both, and the contest has
attracted national interest. Both Taylor and Car
mack are claiming a large majority, but the race is
generally regarded as close, and every county will
witness a hard fight for control. Carmack's terra
as Senator will expire next March and the next
Legislature will elect.
David T. Watson, of Alaska Boundary Fame,
Engaged as Counsel.
[By Telegraph to Til* Tribune.]
Pittsburgh May 11.— David T. Watson, of
Alaska boundary fame, has been engaged to
press the suit of divorce of Mrs. Gerald Fitz
gerald against her husband, a wealthy Irish
The suit was first brought in the English
courts, hut Fitzgerald raised the point that he
was an Irishman, and it was withdrawn and will
be tried In Ireland Mr. Watson will leave for
fcurope Sn a couple of weeks, taking with him
depositions from this country.
Mrs Fitzgerald is from I'niontown. Perm.. and
is a aiect of J V. Thompson, the coal operator.
Actor and New York Woman Start Wedded
Life at High Speed.
[S] THejrraph \r. TIN
Pittsburg. May 11.-Jumes E. Keene. an actor.
living la New York. assMsd here for a license to
marry Miss Ethel L*>an Hammons. of No •"_'
\\<st U>7th street. Manhattan, to-day. With
him was Miss Hammons and a minister.
The party left the marriage license office and
went to th< Union Station of the Pennsylvania
They boarded a train, and as it pulled out
of the station the pair stood up in the parlor
car and were made man and wife.
Mr Ktene offered no explanation to the.mar
riage license clerk for the haste In his wedding.
Pri.'nd* of Miss Hammons in this city said list
night that she and Mr. Keene were in th.
theatrical company, and had be»n engag.-d fur
•MM years.
Pittsburg. May 11.— True bills in connection
with the failure of the Enterprise National Bank
of Allegheny were returned to-day by the Fed
eral Grand Jury against F. R. Nichols and L. S.
Cook. The indictments are for conspiracy and
aiding a national bank cashier to misapply
funds. The cases will probably be called for
trial in October.
May V. via Pennsylvania Railroad. Three-day
trip. Rate, covering necessary expenses.- sl2 00 or
$14 .v» from New York, according to hotel selected.
Consult ticket agents.— 44v«.
Lawrence $$ Co. Did Trick, It Ii
Said— Mutual Books Correct. \
Full details as to how large sums of money
were diverted from the funds of the Mutual JJtm
for uses which could not well be placed on the
books are now In the hands of the District At- *
torney. It is said that at least $100,000 a rsajj
was diverted by a clever arrangement with th*
stationery firm of Lysander W. Lawrence & Cc.*
which did not involve a falsification of the books
of the Insurance company.
This subterranean method was In operation. It
Is said, for eighteen years. During the ten years
that Andrew C. Fields was connected with tho
company most of the money was used by him^
It is said, for his work In Albany.
Julius J. Heye. a former bookkeeper of Mm
company, who disappeared when the Armstrong
committee was In session, told the grand Jury
yesterday how he was Induced to go away by a
message from the law department. He also told*
It is said, how he signed receipts for macs?
which he turned over to Fields. 'Walter K.
Gillette, former vice-president of the company*
was the only other witness before the lnsura.ac«
tribunal yesterday.
This Is the scheme by which the T ■mm MM
firm was used In covering up the Irregular us*
of the Mutual* funds: The supply department
would Issue a requisition for. say. one bundle*
thousand envelopes. An order for that number
would be given to the Lawrence company, whftcb
In due time would render a bill for that amour •-
But the company would deliver only £5.000 en
velopes to the Mutual. Fields weald stair.?
the bill for 100.000 envelopes and recommend Ha
payment. In turn It would go to Tins TtbssVl t
Gillette, who would Initial It and forward U to
the expenditure committee, of which Host!
Olyphant was chairman. This >mmlttea> the)
other members of which were James C IToMsn
and Mr. Miller, seeing that the bill was •teams*
by Fields and initialled by Vice-Presldent Ci! -
lette, would approve it. The bill then want ta
the cashier, who would make out a Check for th <•
full amount to the Lawrence company*
The difference between the cost of one lisa*
dred thousand envelope?, for which the cheoH
was drawn, and the cost of the elghty-ftve thatt
sand envelopes, which were actually delivered,
was placed at the disposal of Fields. It is asM
that he had the privilege of drawing money from)
the Lawrence company at any time. If there
was none coming to him by reason of previous)
orders, a memorandum would be put Into the
cash box. which would be destroyed when the)
amount had been wiped out through later or
ders. No account of the transactions was kept
in the private books of the stationery company
or of Fields. H9i
The books of the company were by this schema
kept In perfect accord with the orders and the
money paid out on them. The only place where
this scheme could have been detected was in the
books of the supply department, showing the re
ceipts of supplies, or in the receipt books of the
stationery firm, showing what they had received
credit for delivering. But at that time the Mut
ual had no large storeroom, and could not re
ceive large quantities of supplies at one time.
Parts of orders were delivered from time to
time, and it has not developed whether receipts
were given for each delivery or not. At any
rate, the books of the supply department show
ing what goods were receive.! are missing. The
files which contained tho original orders are
also missing. The voucher* remain in most in
stances, but are perfectly regular on their face.
What is yet to be learned is how many of the
executive officers and trustees were aware of the
working of this system. Ttshas not been learned
that all of the persons through whose hand* th»
hills passed were aware that they represented,
goods that were not delivered. The bills were
always carefully prepared. In case there, were,
say. fifteen items on a bill the money that went
to Fields was not represented by any single
item, but a part of each order was not delivered
and each item of the bill was in excess of what
it should have been.
From the evidence adduced so far. it would
appear that about 85 per cent of each bill ren
dered by Lawrence & Co. represented supplies
actually delivered. The company kept the 85
per cent of the money received to which they
were entitled, and the 15 per cent went Into the)
"yellow dog" fund. There Is believed to be no
record of what became of this fund or any part
of it. "When Andrew C. Fields goes on th*
stand, It Is hoped that his memory may be equal
to the task of solving this mystery, in a gen*
eral way if not In detail.
It could not be learned just what Heye. ths
bookkeeper, told the grand jury yesterday, bat
a copy of his testimony before the Mutual Life's)
investigating committee, of which William H.
Truesdale is chairman, was obtained yesterday
and contains some interesting disclosures. Ha
had charge of the. books of the supply depart
ment, showing the orders and the distribution to
the different departments and agencies. Hey»
was induced by the committee to return from
the West, where he had gone at the time of the
Armstrong investigation.
Heye told the committee that when he went
the books from January 1, 1901. were In the of*
fice. From that date a new system of books
had been kept. What had become of the old]
books he could not tell. The missing books In- .
eluded day books and ledgers.
When Heye was questioned by Mr. Trues*
dale as to why he left town he said he had
palpitation of the heart and was afraid he would
have nervous prostration if he should be called
before the Armstrong committee.
"There was also a reason." "he said, "because
there were some few things which I was di
rected to do which I did not like to tell, al
though it wasn't any of my wrongdoing."
Asked who suggested that he take a leave of
absence, he said he went away for three or
four days, and was then told he had better stay
away longer. Some on« told him ever the tele
phone that Mr. Allen, who is the head of the
law department, thought he had better stay
away. Mr. Truesdale ask
•There was something in connection with the
transaction of the office that seemed to make It
advisable that you should not continue there
where you could be reached. Is that the case 7"
To whlgh Heye replied: "Well, there were torn*
vouchers or some receipts I signed— l may as
well tell you. I suppose you have seen them.
Some years ago. if I remember right, there was
twice I signed receipts for money by direction
of Mr. A. C Fields for travelling expenses
signed my name."
Then the examination continued as follows:
Q.— Tou didn't get the money? A.— l got it. but I
paid it out. 1 didn't keep it myself.
Q.— whom old you pay It? A— either paid It
to Mr. Fields or to somebody to whom he directed
me to pay It- That 1 don't remember exactly, but
I know I was directed to make out a receipt for so
much money— several hundred dollar*, the amount
to be paid for travelling expenses. No doubt I got
the money, but I know quite well 1 didn't keep tt
I either banded it to Mr. Fields, or Mr. Fields
handed It to somebody, or I har.w it to somebody.
[ That part of it 1 don't remember. All I know Is

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