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POWDER GRAFT CHARGE XjrV OFFICERS ACCUSED. i ■ Jlival of Dv Pouts'- Say 8 Government Is Defrauded. [By 7>lem-»ph to Th« Trn>un»> 1 Cleveland. May 2S.— The smokeless gunpowder t^et and certain officials of. the Navy Depart ment are under fire. Charges against both were presented to-day to ex-Attorney General Mon rett. special counsel for the Interstate Commerce Commission, and he W as asked to file pleadings Rowing that the Navy Department had been jatde a partner In a plan to defraud the govern ment of many thousands of dollars through th© jjle of ordnance powder. protected by patents, js the Army and Navy departments by the Dv pant Powder Company. . -'.^^ ": : i "/: X j D- Ells, of Peoria 111., representing Robert g. 'Waddell, an Independent powder manufact urer, is the complainant. WaddelVs charges in dud* assertions that the Navy Department com mitrtoned two officers to experiment with smoke ess powder at the time It was Introduced, and as a result a superior brand. suitable for ord nance use. was invented: that the officers re vived patent* on the powder, which they sold m the Ds Pont Powder Company: that the gov ernment pays the company TO cents a pound for this ordnar.re smokeless powder, which cannot t* purchased elsewhere on account of protecting Barents: that this I owder is worth about 35 cents a pound, half what the government pays, and that the Navy Department is now planning to buy three million pounds of it. THIEVES OCCUPY HOUSE. After Living There Several Days, Take '910,000 Booty. tVfcea Joseph F. Cowan, a former member of ir.f Consolidated Stock Exchange and the owner of the Clason Point Inn. returned yesterday. after a month's ohsence from his home at No. 139 west 147 th street, he found that the house hud been ransacked from top to bottom: that PTie or more persons had lived in it for several fisys and then carried off silverware, papers eafl ether articles valued at ?I<V*V). His wine c*liar had been cleaned out. the pantry was de instated and the burglars had tried every bed is the house. The police of the West l"th street station nere Informed, and two detectives were immedi ately placed on the case. An investigation ff.one-i that the burglars had entered through tte roil fhuie. AUTOMOBILE LEAPS BAXK. Occupants Pinned Under Car Scar Hartford— Txco Hurt. ::?t Britain, Conn.. May 28.— rip- covered tctrroHle. owned hy C E. Buck'r. nd. of Hcrt trjfi. tz\i occupied by Mr. Buckland, his wife, a ycsE? ir cms n whore nar.-e could not be learned tsi'-A^hauffeur. broke through a railing: which runs ribng The roadway at Stanley Quarter?, scoci t«AO miles out of this city, this afternoon at itthid down a fifteen-foot embankment, •*•• -ji-red and pinned the occupants underneath' i: DweUers near by quickly went to the relief of the automobiUsts. and by breaking the glass ?;or:t c* the car got th— 1 out. Mr. Buckland *ustfiined a brain leg and Mrs. Buckland was tcvf-reiy bruiFcd about the body, but the others escaped without serious injury. The automobile Mas- v. rtcked. The r>art> had set out tram Hartford, intend ing t« go Bridgeport, and were going alone at i. fair !=r-e f 'd when the accident happened. Every e!Tort na? made to keep 'he accident quiet, an! It is not known Just how it happened, but it is furi^sed bat as the ear approached the spot v. '-sere it v.cnt over the embankment i* swerved from th^ roadway and broke through the rail. HURT BY CRAY ATI! AUTO. Skull Probably Fractured — I^awycr Takes Horseman to Hospital. Minf-<-'!a, Long Island, May M. — State S. Post, a hoi-Fe trainer, wa* badly injured here this mominjr while riding in a sulky by being run into by an automobile ii which Paul D. Cravath *as travelling from Locust Valley to New York. Post aras Jogging hjs horse along the Jericho Turnpike «vh?n the animal took fright at th? approaching automobile and swerved to one t.&f- of the road. Before the car could be stopped fT teered aside, It crashed into the sulky a.-d Post was pitched into the roadway He rruck on his head and his skull Is believed to be fra/: lured. Mr. FB*atk took the injured man into the tattncobile and carried nim at top peed to the Nasssu Hospital, where he is now being treated. Fort's horse ran away, but was caught by a ■taxr after a long chase. COST THE HILLS $4,000. Jiaihoad Man and Son Settle Auto Killing Suit. TS> tjJt rif George W. Johnson, as administrator of the •■frat* of his wife. Harriet A-ho was killed *y ar, su'orroblle. against James J. Hill and James *■ H1!!.H 1 !!. r.!s son. has .been nettled for 14.000. Hie f j;t pew oat of an accident at Greenwich I*l Charles Ftreete on June 30. ISOS. when an ftSttiaobOe belonging to Mr. Hill, driven by Frank - Fnr,'.f. j,j s chauffeur, ran over Mm Johnson. *ho dl^i the tamo day in Ft. Vincent's Hospital. The rrironer'n Jury blamed Foote. declaring he ■qffected to M » his horn and take other precau **•• Mr Hill said that the automobile was taken * 8 ' b) ■>•*. chauffeur against pis express order. ■*!♦: Weaver *'E.-irley. acting for Johnson, pro f*-/!f '*- / ! v, Cifford. Hobbn. Haskell & Beard, repre •ttjl Hill, that J2,r.00 BpfeC4> should be set apart *•» trust fund for JeJasßOa'S two email children. *9&Ktt, though naturally aggrieved, did not ask "■**■•*■'-*••* or himself, but did request that Mr. HJ pay It«s counsel. In reply to this the offer of H.Vib in fun settlement wee mad? sad accepted. ta r.rder •Inuing the notion has Just been "Hej^d in the Palled State* Circuit Court, to which « *ra» removed from the New Ycrk Supreme Court. CHILDREN MUST STUDY IN ENGLISH. fEy TH»>frr»ph to The Tribune J Wilkes-Rarre, Perm.. May — A decision made "V Judse Ferris, of this city, to-day holds that 't Is i;iF ?a i f or any citizen of Pennsylvania to ***4 his children to a school where the common breach*! are not taught in English. The d* - was made in the case of A. I). Snyder. of fctajiton; near here, who s^nt his four children tea P'!l«h echoo) and wan ai rated for violating tY * Compulsory Education law. He appealed thf. case, but the Justice who found him guilty tr ><J fined h!m was *ustaln«d by to-day* de- OEWEY'S SAUTERNE AND MOSELLE. v tThU# Dinner Wine* of Superior Quality. Z^/T txrwey it Son* Co.. lie Fulton St.. New York. To-day, partly cloudy. - To-morrow, fair and warmer; northwe«t wind* AIM KI A \ I rL 1 DO I . BRIDE AXD $100,000. Wedding of Mia Maget and Baron Riedcl yon Ricdenau Arranged. [By T>l«i?riiph to Thr TIIMMI ] Plttshurg. May 2S— Baron Riedel yon Ried enau. secretary of the Austrian Legation at Rome, who is here to marry Miss Margaret Louise Magee on June 6, has received JIOO.OnO from the Magee family as a marriage settlement, accord ing to report here. It is said that the agreement was reached to-day, and that the wedding will take place on the day set. although It was thought for a time that there might be some difficulty. Most of the JIOO.OOO will be paid out of the pocket of Mrs. C. L. Magee. wife of the late State Senator Magee. who is now a resident of Rome, it is said. It waa through Mrs Magee that Miss Margaret Louise Magee met the baron, and it was at her villa, outside Rome, that the courting was carried on and the engagement mad*>. The story made public here to-day Is that a few days before the baron was to leave Rome for Plttsburg he asked for a marriage settle ment of $250,000. There was some correspond ence by cable, and the baron sailed for America. Miss Margaret Louise Magee had only a few hundred dollars of the $10,000 which had been left her by the will of her uncle, C. L. Majrw, but this she willingly contributed toward the settlement fund, and the rest of the $100,000 was paid by Mrs. C. L. Magpp, whose aspira tions, it is said, lean toward a court life in Rome. The baron was told on his arrival here that this was as far as the family would go, and the settlement was accepted. The agreement on the settlement has recalled that of the Earl of Yar mouth with the Thaw family. RELIEF FOR IRISH POOR. Mr. Bryee Introduces Bill to Erect 25,000 Cottages. London. May 28.— James Bryce, Chief Secre tary for Ireland, introduced in the House of Commons this afternoon a bill authorizing a loan of ?22..V>0.000 to provide laborers' cottages in Ireland. Mr. Bryce explained that after what had been done in behalf of the tenants In Ire land thp laborers had a grievance, and it was hoped that the proposed improvement in th?ir dwellings would help to arrest the physical de cline of the population and restore new hope to the Irish laborers The !oan. he explained, would be raised on the same terms as the land loan. Money would also be available from various Irish funds, the salaries of two suspended Irish judgeships and the reducing of the salary of the Lord Chancellor of Ireland from $40,000 to JT.0.000. Mr. Bryre estimated the cost of a cottage and lard at about ?fc.V>. so that between 25.000 and 30.000 cottages would be erected. John E. Redmond. Irish Nationalist, congrat ulated Mr. Bryce on bringing in a bill which would at least mitigate tti" present evils, and whll» reserving criticism on certain points. Mr. Redmond said he accepted the measure as an hone«t effort to deal with grievances of great magnitude. TAGGART CALLS MEETIXG. Arrangements To Be Made for Coming Congress Campaign. (By T^graph to The Tribunal French Lick. Ind., May 28.— Thomas Taggart, chairman of th* Democratic National Commit tee issued a call to-day for a meeting of the sub-, nmmittee to be held at "Washington next Thursday, for a conference with J. M. Origgs, chairman of th«» Democratic Congressional Com mittpft. Matters relating to the Democratic < •.-•ngr^ss situation will be discussed and arrang*» vade for the national committee to render antctanc* during the coming Congress cam- A bureau will be established for the dlsaemtna f literature, and to provide speakers and r.ther means of co-operation. The members of the eub-commlttee recently appointed by Mr. Taggart are all members of the rational com- Ittec Replies have been reocfvcd from each member indicating that he will attend this meet in*. ADRIFT IX CAT BO AT. Young Man and Girl Bail for Hours to Keep Afloat. Having been adrift on Long Island Sound since Sunday mornlnft when they started out sailing in an open ratbeat. a girl and a young ir.an made a landing at New Rochelle yesterday afternoon, nearly exhausted from hunger anrl exposure. The couple would not tell who they were. It was lea-ned that they hired a boat on Sun day morning at Captain Tom Webb's shipyard and start-d out for a nil. but the Sound b^camo so rough and choppy that they lost control of the boat, and finally had to take turns at bail- Ing to keep from sinking. The coup!* were krpt bailing for nearly twen ty-four hours, and several timf-s Sunday night barely escaped being run down by the big Sound steamers When they landed they were drenched t.-. the skin. They started at once for the city. FIFE DROWN IX FLOOD. Canyon Swept by Water and Sheep Ranch Destroyed. Reno. Nev.. May 2* A disastrous flood oc curred this morning in Golconda. Nev.. follow ing the breaking of a large dam in Pole Creek Canyon, three miles above the corral of the Golconda Cattle Company. Five men were, drowned and several were Injured. When the dam broke, an Immense volume of water soared down the canyon, carrying every thing before it. When the wave struck the cheep corral, where several men were shearing cheep, it carried the men and the sheep away. Not a building or fence belonging to the Golcon da Cattle Company was left standing. The track of the Southern Pacific Railroad was under mined west of Golconda, and nil trains are late. The dead are thrre Mexican sheep shearers, a Chinese cook arid an Indian boy. MAINE WON'T PAY FOR J. G. BLAINE BUST [By Mejfeeh to The Tribunal Augusta. Me May 2.S.— Rather than pay |BUO for a bust of James G. Ulaine. the state has sent back to the sculptor the only memorial of that groat statesman in any Mate building. The Intel has been In the State House eight years and was ordered by ex-Congressmnn Joseph Manley. It was to cost $1,000. Equinox Ginger Champagne has no equal. Acker lerraM. JPark & Tilfo.-d, Cbarlea * Co.— Advt, NEW- YORK. "TUESDAY. MAY 20. 1006.-FOUKTEEX PAGES- CHURCH AND MONASTERY OF SAN JEROXTMO. IN MADRID. "K><^e the marriage of the King of Spain to Princess Ena of Battenbere will take place on May 31. (For story of the festivities in Madrid see sixth page.) THE ISTHMUS EXCITED CITY COUXCILS AT ODDS. Colon Rebukes Panama for Asking In terve n tio n — Warsh ips A rrive. Colon, May 2£— The Municipal Council of Panama, at an extraordinary session held on May 'M, unanimously adopted the following dec laration: Considering <1) that the government of the United States, interpreting Article 7 of the Canal Treaty and Article 136 of the Constitu tion of the Republic of Panama, has determined to intervene in this country to maintain therein peace and constitutional order; (2) that such resolution confers on the government of the United States the faculty of Intervening in the internal relations existing between the estab lished government and the people which founded it; (3) that the right of suffrage is the funda mental basis of the republic and the only con stitutional means of proving- the succession of public power; <4> that for the legitimate suc cession of this national power it is absolutely necessary that popular elections be verified as to their legality, purity and honesty, in order that no citizen may be deprived of the right of franchise and that citizenship be not conferred upon those not possessing that right; (5) that the next election (the country's first for repre sentatives of the people) to be realized with the greatest order sjv. at the jift r " tine with the greatest purUyVlf.» hones that it may serve as> an example and give sta bility and respectability to its institutions; (6) that acts of violence and fraud already executed by agents of the- government In imprisoning members of the electional corporation and in nocent citizens. Increasing the number of police, sending out detachments armed with rifles to in timidate citizens, destroying votr-rs' lists in dis tricts in which the opposition possesses a major ity and falsifying others, evidently demonstrates that the next elections will be conducted in the most daringly illegal manner, and (7) that tht* government of the United States cannot intend supporting these acts, shameful to the power executing them, and that intervention has for its object the establishment of legal, civilized order, and not an oppressive regirio; Resolved. Th;K we soil, it the intervention of the authority of the United States in the popular elections of June '24 and July 1 in order that ihey may be realized without favor to any and without prejudice to any legitimate interest, allowing each citizen a free and spontaneous vote. The Municipal Council of Panama, which is the same corporation that assumed on Novem ber .**>. 1903, the responsibility for the movement for separation from Columbia for fhe better ment of our native land and for establishing a Jurt government, respectable and obedient to the laws, consider it their duty to express here by the hope cherished that the illustrious gov ernment of the United States, penetrated by its historic responsibility, voluntarily accepted before the world, will favorabl" receive this pe tition, which tends to strengthen the ties of sympathy and gratitude between the Pnnaman people and the United States. We send a copy of this resolution to his ex cellency. Theodore Roosevelt, President of th? United States, and to the Honorable Secretaries of State and War. and publish it as ;> fly sheet. Dated at Panama. May I' 4, 190 ft. C. AROSEMENA. President. The Municipal Council of Colon held a session reaterday, -< T which the following resolutions were adopted: Resolved. That we protest in the nam» of our constituents against the unpatriotic conduct of the Municipal Oouncil of Panama in assuming an attitude Involving functions of national rep resentation and Foliciting the intervention of a foreign power in the Internal affairs of this coun try, to the detriment of the sovereignty of this republic. Resolved. That this resolution be published as a fly sheet, and that copies be sent to his ex cellency, the President of ihe republic, the Sec retary of government and the Secretary of For eign relations. M. GRENALDO. President The preamble to the foregoing resolutions as serts thnt the Municipal Council of Panama transcended the sphere of its constitutional and le<rnl functions, and that if other municipal councils in the republic did not notice such a Strange proceeding their silence would be re parded as tacit assent to the revolutionary prin ciple proclaimed. The preamble concludes with the declaration that the government of the United States alone possesses the authority to preserve public order in this country, an au thority derived from the canal treaty and the Constitution of Panama, both of which had been approved by the votes of the legitimate repre sentatives of the n-Uion. among whom was the chief of the Liberal opposition, Pablo Arose ir'-na. The United States cruiser Columbia arrived here to-day from Guantanamo with four hun dred marines on board. These marines are ex pected to land to-morrow. The reinforcement of the marines on the isthmus at the present moment has no direct bearing on the pc.lltical situation here. Panama. May 28. — The United Btatea cruiser Marblebead, Commander R. T. Mulligan, ar rived here to-day. Washington, May tt The Panaman Minister at Washington has received the following cable dis '"' ' ' Panama, May .'«. UM Pjinanit Legation. WaFhingtin. D. C Hav> published thai Miini ipal I'ouncil of the < it , of Panama has commlaaioned the Liberal Di- Continue! on nrr»n:l pax 1 FASTER TRAINS TO ATLANTIC CITY via Pennsylvania Railroad. Through trains with parlor cars and coaches leave New York 9:55 A.M. 2« P. M.. weekdays; 735 A. M. Sunday*. Dicing car BuncUyay^Advy DEADLOCK Ifl RUSSIA. TALK OF NEW CABIXET. Ministry Refuses to Heed House — The Agrarian Programme. St. Petersburg, May 26.— Rumors of a ?hift in the ministry are everywhere current to-night. It is persistently reported here and at Moscow that M. Shipoff. former Finance Minister, has received an urgent summons to Peter hof to confer with Emperor Nicholas, presum ably with regard to the formation of a new Cabinet. A dispatch from Moscow says that M. Shipoff left that city late to-day for St. Peters burg. It to possible that at Shipoff's errand is to attend the session of the Council of the Em pire to-morrow, but the present situation Is so strained that a shift is not at all Improbable. It Is also rumored that Prince Urusoff has been summoned by the Emperor. In the mean while the present ministry Is calmly going ahead with Its agrarian pro ramrr.e, which it hopes to submit to the lower house within a fortnight. Contrary to expectation, it provides for the distribution of millions of acres of crown lands in European Russia. All this seem? to be labor lost, as In the present temper of parliament no proposition from the government, however liberal. Is likely to receive the slightest consideration. The governments policy, which The Associ ated Press is authorized to announce, is founded on the expectation that enough land can be ob tained by the division of the crown lands, the clearing of a portion of the imperial forests and the voluntary sale of private estates to meet the land hunger of the peasants without the neces sity of forced expropriation. Outlining these plans, the Minister of Agriculture. M. Stichln sky. said this evening that the government al ready had at its disposal SMMMfcftOO acres, com posed of MMMMfcOOO acres of crown arable land, largely in the Volga region; &2S(M)00 acres of forests, and 8»7HlX000 acres of private estates, the owners of which have announced their readi ngs to sell. Without doubt thousands of other land owners will be only too anxious to dispose of their holdings at reasonable prices. These lands are to be sold to peasants on time through the peasants" banks, the payments not beginning for several years. The programme, in addition to colonization in Siberia and Central Asia, contemplates the improvement of the agricultural methods of the peasantry, which are primitive and unproductive in the extreme. The optional abolishment of the communal system by authorizing peasants who desire to do so to distribute their holdings in fee simple also is contemplated. This, with the abolishment of all further payments for land, under which the peasants have been groan ing since 1861, will make possible reasonable prosperity. With regard to the resolution of lack of con fidence. M. Stlchinsky said the Cabinet was standing on constitutional ground when it con sidered that the house in adopting such a resolu tion had gone beyond its prerogatives, and that the resolution, therefore, was not of the slight est binding force. The Cabinet would take no notice of the vote. An omen of the change ef times is given in the acquittal of Paul M Milukoff. M. Hessen and M. Korolenko. the writers, against whom prosecutions for press offences have been pend ing for two month?. MM Alladin. Michailenho and other Radical members of the house have been flooded with telegrams from Social Democratic organizations demanding that the house adopt an offensive pro gramme transform itself into a constituent as sembly seize the reins of power and address a manifesto to the troops, calling upon them to transfer their allegiance from the Emperor to the peoples representatives. There was no direct echo at to-day s session of the lower house o' the decisive struggle last (Saturday but thore was much excitement In "t" th c corridor* befure the house met. An omcer Identified as a colonel on the general star cre ated a stir by saying in the presence of a score of peasant members that the time had come when the army shculd rapport parliament, which represented the will of the people, and net tbe Emperor At the opening of the aeeetoo some amusement was caused by the reading of a communication from the Minister of Interior asking for a credit of $'»4 '-<x> for th" teconst ruction of the orangerie and l'uinlry of Dorpat University. Another romn.unirai.ion transmitted was a measure to grant K eneml authority to open private schools. \ petition signed by seventy-eight members proposed the appointment of a parliamentary commtMton to investigate the abuse of power en the j..irt of the am intMration. After disposing of the report* of several cre dential committees the debate on the personal libert) till aaa reaumed The feature was a speech made by M. ChtctaegtavitoaT, Mtatotrr of Justice, in .m exceedingly liberal lone, aotnltag out the necessity of bills providing for the re organtaatfcw of rourt procedure ani othera to enable officials guilty of abuse of power to be CoaUuucU on tccocd pa*o. Copyright. 1806. by The Tribune Association. STATEHOOD AGREEMENT BILL LIKELY TO PASS. Arizona and Xerc Mexico to Vote on Question of Z'nion. [P"mm The Tribune Bureau. 1 Washington. May 28. — An agreement on the Statehood bill has been reached, whereby the first Foraker amendment will be added to the measure as it passed the Senate, and. in the opinion of the leaders In both houses, the. bill in this form will be approved and become a law. By the provisions of this amendment Arizona and New Mexico will be authorized 10 h"M a constitutional convention and to nominate offi cers and will then vote f.->r such officers and for or against becoming a single state S*t the No vember election. It will require a majority el the ballots cast in each territory to adopt the constitution and insure a proclamation rty the President admitting the new state to the Union. It is held by all interested in the subject that Arir.ona will vote to the end against being Joined to New Mexico, but the two territories will have an opportunity of becoming a single state If both desire it. This agreement has not received the sanc tion of Senator Foraker, but it is said that his following in the Senate has materially fallen off under the pressure of the Executive, and in the face of the relentless opposition of the Speaker to every measure fostered oy an anti-statehood Senator, so that the prediction Is made that when the report of the conferrees is laid before the Senate It will receive the approval of a large majority of the Republican votes and that Sen ator Foraker may even find himself as isolated in his opposition aa he was in his opposition to the Railroad Rate bill. The report of th#> conferrees Is expected In the Senate this week, and it is believed that the Question will be promptly disposed of. The pro posed compromise has the hearty approval of the President. REVOLT IX GUATEMALA. Troops Cross the Border — Foreign ers Alarmed. Mexico City. May 2« -Revolutionary troopa have crossed the Guatemalan border from the north and from Salvador and British Honduras. They are well armed and equipped. Th» object of these expeditions is said to be to Americanize Guatemala. The revolutionists invaded Guatemala at four points under the leadership of former Governor Barillos. A decisive fight will in all probability take place soon. Washington, May IS— Guatemala is threat ened with a revolution which may endanger American interests in the republic, according to dispatches received at the State Department to-day from Minister Combs and Schwartz & Co.. an American concern owning railroad and dock properties in Guatemala. The scene ef the trouble is in the northern part of the republic, near the Mexican frontier, but the cause is in ternal. Troops are being massed by the revolu tionists in such numbers that foreigners with property Interests are much alarmed. Unrest has prevailed in the little republic for some time, and the State Department has had Intimations from time to time that an insurrectionary move ment might be expected. EDUCATIOX BILL FIGHT. First Clause Carried Under Closure by 203 Votes. London. May 28. — The Education bill was considered in committee by the House of Com mons to-day. An amendment offered by Sir W. R. Anson, Liberal, declaring for denomina tional teaching, was defeated by a majority ef 101. After the strongest opposition protests, the go\-emment invoked closure, under which the first clause, involving the principle of the bin, was carried by a majority of 2«>3. KILLED BY HIS OIVX GUN. James 11 . Batty, Xaturalist. Meets Accidental Death in Mexico. The news was received yesterday at the Amer ican Museum of Natural History of the ar tal killing in Pijjiapam, Chiapas. Mexico, on Sunday, of James H. Ratty, a well known nat ural history worker. His gun was acci.l discharged and he di«d instantly. No further de'ails of the acctdeal are known. Mr. Batty had been connected with the mu seum for four years, in which time lie made a most extensive and important collection of birds, mammals, reptile? and other specimens in Pan ama, Lower California and Durango ;uul other Mexican states. He was about to extend his work southward into Guatemala. Nothing could be learned at the museum about his rela' He was born about sixty yean ag> at Spring field. Mass. In 1*73 he was connected with the Hayden Geographical and Geological Survey of the Territories. He collected birds and mam mals in the Rooky Mountains He was a suc cessful taxidermist and the author of a work on taxidermy. His wanderings as a collector ex tended over a great part of Central and South America. Obstacles to His Confirmation as Appraiser Withdrawn. I From Th» Tribune Bureau. 1 Washington. May 28.— Major Edward S. Fow ler, whose nomination for Appraiser at the Port of New York has been held up for several days by order of the President, pending an investiga tion, has received a clean bill of health from the inquisitors who have had his case in charge. It is understood that no specific charge derogatory to Major Fowler's character was preferred. Enough was brought to the attention of the President, however, to induce him to request the Senate to defer action on the nomination until the Treasury Department officials could investi gate and report on the insinuations that had reached the Executive. It Is understood that the President will send word to the Senate to morrow or next day that he is satisfied with Major Fowler's record. Is convinced he will make an excellent appraiser, and desires the nomina tion confirmed without delay. HIT BY NEWSPAPERS; GETS $10,000. ( By Tel«ftr*ph to The Trlhun* 1 Syracuse, May JS.— Melville Babcock, who was struck by a bundle of paper* thrown from a New York Central Sunday paper train at Dispatch oni year age, received a verdict of $ld.ni* In the Su preme Court here to-day. It Is declared that he suf fered a paralytic shock from which he can never fully recover. A motion to set side the verdict be •fcuae excessive was deoied. MAJOR FOULER CLEARED. PRICE THREE CENTS. FIELDS BEFORE JURY. HAS I MII.I.IVG H'ITXESS. No Action on Perkins Resignation — ■ J. W. Alexander Abroad. ■ Andrew C. Fields, former head of the supply department of the Mutual Life, through which hundreds of thousands of dollars were diverted] for his use in influencing legislation at Albany and in other states, testified for half an hour before the insurance grand Jury yesterday. It Is understood that District Attorney Jerome ob tained enough information to form the basis for several important indfctmenta. James W. Alexander, former president of th« Equitable, who for some time was in a sana torium at Deerfleld. Mass. it was learned, had so far improved in health that he had sailed for the Mediterranean on Saturday. May 10. Owing to the fact that there was a bare quo rum at the meeting of the board of trustee* of the New York Life, action on the resignation of George W. Perkins was put off until the June) meeting. The report of the accountants, re ceived and accepted, showed that an December 31. 10«V>. the a:«sets of the company amounted; to 5435.755.01S 3J>. The full story of the mysterious disappear ance of the books of the supply department o€ the Mutual Life became known yesterday when one of the clerks there, who had 'confessed to shipping them away when. th.» Armstrong com mittee was in session last fall, was discharged. The books were- recently recovered, and are now* in the hands of the District Attorney. The visit of Fields to the grand Jury room was a great surprise to most of the attaches of th» District Attorney's office, who did not know of it until after he had gone. Since the latter part of April he had been at Ocean Grove, and re ports from there had represented him as seri ously 111. On Saturday he promised the District Attorney that he would come to New York yes terday, and in spite of the stormy weather h« kept his promise. It Is said that he went di rectly from the train to th« Criminal Courts Building, and after his testimony was given re-» turned to Ocean Grove on the first train. FIELDS A "WILLING WITNESS. Fields was accompanied by his son Clarence* Dr. Johnson, his Ocean Grove physician, and! Howard S. Gans. an «x- Assistant District At torney, who is the third attorney to be engaged by the former head of the famous "House of Mirth." It was evident to those who saw hln» that Fields had been sick and was far from well. He was on crutches, and his right foot, which Is badly swollen from Bright's disease, was ban daged In black cloth. His face was covered with ■ three weeks* growth of gray beard. Ha reached the grand jury room at 2 o'clock and was on the stand for thirty minutes. District Attorney Jerome personally directed the examination. Fields was a willing witness. The District Attorney had the questions ha wanted to ask well la hand, and the examina tion proceeded rapidly. It is said that Fields corroborated the facts already obtained as to the way he got the Mutual 1 * money through the padded bills of Lysander W. Lawrence & Co. He is also said to have given information as to the orisin of this system, and as to the officials of the Mutual who had knowledge of its work ings. How this money was spent in Albany and elsewhere was also a part of his testimony, it Is understood, with. details as to the establishment and the operation of the "House of Mirth." The connection of Fields with some of th« money turned over to the legal department for "expenses." which is said to have gone for cam paign expenses and legislative work, is believed to have been brought out. It is understood that the District Attorney obtained all the information from Fields that he needs at this time. The latter, however, prom ised to return and testify wherever he was wanted. Within the next few days some of th» former officials of the company and some trus tees will be examined by the grand jury, It Is believed. ALEXANDERS SAILING SECRET. The sailing of Mr. Alexander for Europe wa* guarded with the greatest secrecy until the) news came out in this city yesterday. About six weeks ago Mr. Alexander, who was in a sanatorium at Deorfield. Ma?s.. eftrr two oper ations In this city, was reported to be in a critical condition. He slowly prove- stronger. however, both physically and mentally, and it was decided that he could safely attempt aa ocean trip. In order not to attract attention) Mr. Alexander sailed from Boston. leaving thero on one of the Canard Line's Mediterranean fleet on Saturday, May ID. He was in the cars of a personal attendant, but none cf the member* of his family accompanied him. Ths plans were that Mr. Alexander shouM disembark M one of the Mediterranean ports and proceed to Munich, Later he will go to Dresden, and probaMy Baden-Baden. He will take a course of treat ment for three or four month?. Dr. Pearca Bailey, of this city, the family physician of Mr. Alexander, has sailed from aera fcr the liter ranean, where he will join his patient. A friend of Richard A. ■ McCurdy. formerly president of the Mutual, said yesterday that ha had received word from the Pputh of France, where Mr. McCurdy Is living, that he was much improved in health. He is livir.gr in retirement an'! trying to forget hi.i insurar.ee troubles. His counsel in this city said there was no truth in the report that Mr. McCurdy warn preparing to> return to testify before the grand jury in about three weeks. It was only after much difficulty that thirteen members »a quorum) of the board of trustees of the New York Life were gathered. Several o| them are out of town. At 3:30 o'clock, th* tt:v.e for which the meeting was called, there were only ten present. Messengers were sent out. am? two more were brought in. Finally John Claflin arrived, and the meeting: was called. On account of the small number present it was thought best not to act on the resignation of George W. Per kins until Wednesday. June 13. the next regular meeting. It was said that Mr. Perkins had tendered his resignation as trustee at the time he resigned as vice-president and chairman at the finance committee, last December. The res ignation as trustee was laid on the table at that time, and has been there ever since. Mr. Per kins was present yesterday, but James A. Blalt was not. REPORT ON NEW YORK LIFE The principal business was the reception from the Fowler committee of the report of Price, Waterhouse A Co.. chartered accountants, and Haskins & Sells, certified pubic accountants, on the condition of the company. They certified as follows: • We have audited the books and accounts of tha New York Life Insurance Company, both at Itj home offee and its principal domestic and foreigc branches, for the year ending December Q, 1905. and have prepared therefrom th- balance «h<»#t and in* surstnee account. We. have v^rine* all the assets of the company. and. after providing sufficient reserves for oosstbls losses, ttnd that on December 31. 1905. th.- tota> NEW YORK TO SAN FRANCISCO In four days three hours and eighteen minute*. via New York Central Lines. Ajeni will gladly glv* particulars.— Advt.