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V" LXVI- 0 - 21.950. GIGANTIC TRANSIT PLAN SHKEHAX BACK OF IT. ffould Build Tunnels from City Hall to Bay Ridge. j, r C. Sheehaa and his friends who control r »,? Manhattan Transit Company, intend to build. „ po^ibie. on* or more of the subway routes re amCy approved Dy tn Rapid Transit Commis lea and aJso to construct a tunnel extending ftmm a point near Pulton street and Broadway ,*n the BorowrtJ Hall In Brooklyn. In the build j— of the tunnel they expect to rpend at least jj,500.0e0. TW» interborough tunnel project Is the New Yerk and Brooklyn Railroad scheme revived and «nlarre<s Tn 1896 the railroad company sot the TJt cttszry conasnts from the Mayor and the Al- Cere« cf New York, as well as a charter from t v. state for the building; of this proposed run jxi Th* enlargement of th« city since then end «he enactment of legislation extending: the -overs trt the Rapid Transit Commission caused tm question to be raised several years ago rl . f .i fr m cot the original authorlxatlons would t* suffleler.T for empowering the company to pro fni srttfl the construction of its proposed tunnel. Af SI per ocnt of the capital stock is owned ■L the Manhattan Transit Company. Mr. t;f- «*hari ana a number of his friends, in buying en October 4 last a controlling Interest in the Har.hattan Transit Company from Joseph H. Hoadlev, have whatever poww the railroad cwrpany had for the carrying out of such a project Those identified with this tunnel scheme have srr .ar*-:!r no doubt as to whether or not they g«M the lesal right to build the tunneL The ssfJfeV »f this East River tunnel will be a ossßectln* link l*tween the Cortlandt street gjjjhri route of the McAdoo tunnel chain and The proposed Fourth avenue eubway in Brook ,\r (kaewa as the original Fourth avenue eub «g\ extending: the entire length of Fourth aaaßaa from Flatbush avenue to Fort Hamilton. Mr. Fheehan and his friends also hope to be •r» eui-cwFful bidders for the building of this Fourth avenue subway, provided the terms of the contract for rutlding and operating such a subway are satisfactory from the point of view both of the taxpayer and the contractor. It it*s also mated last night that Mr. Sheehan tnd his friends were likely to t>e among the bidders for the proposed East Side subways. la speaking about his tunnel plans. Mr. Shee iit:. siid last night: Vr.ter tlie charter of the N«"w York & Brook lyn Railroad Company we have the right to baiid a tunnel from a point nei Fulton street and Broadway. Manhattan, to the Borough Hall Building in Brooklyn. We have completed our tuundinps of the bed of the East River and done other work toward bringing about as C'ick'.y as possible the perfection of our plans. At"an*ear!y d^te we shall begin the construction of the runnel. , , TrK pUns of the New York <v Brooklyn Railroad Company were only for a tunnel -f tween Manhattan and Brooklyn. We hope to ao ~ucr- more than that company intended to ao. If ou- plans do not fail, and 1 am sure they will PBL this Kast Rl\er tunnel is only to be a very •rcuortant part of a great tunnel and subway ■Htera. Should I consider the contract for b-'ld'njr and rating the Fourth avenue sub vay. F-»r klyn. which is yet to be drawn up by ibe Rapid Transit Commission, satisfactory. I «culd surely bid for that subway. By our <Mapany building and operating it that large section of Brooklyn known as South Brooklyn would have much better-transit facilities to and trora Manhattan. With our tunnel and the Fourth avenue subway our company might a'.KS hf afcle to help New Jersey a good deal in the nay of il ker and therefore better transit ccir.rr.unication with Brooklyn. The Cortlandt street tunnel of trie McAdoo nvtexn is to have a big terminal station In Ctarch street, from Cortiandt to Fulton "street. Between that terminal station and the Fulton *:reet itatfoa of the .vay there is to be an un tersroend arcade through Dey street. Passen gers traveling from New Jersey by way of t.ie SeAdoo tunnel system t<> certain places In Man hattan or Brooklyn will be able to do so by daagtaS fr>i m th« tunnel cars to the subway trains it :!>*> Dey-Fulton street station. There trill, however be no straight route betweei New lenrr and Brooklyn. People bound for Brook lyn Brill have either to go by way of th* South Tory tense] route or walk from the McAdoo ter minal nation in Church street to the Brooklyn Brjflje If our Last EUvcr tunnel were extended so as t« ntmect with the McAdoo tnnnel arcade and the Fulton Ftreet station of the Broadway sub way there would then b* an almost perfectly ttraight tunnel route between N>w Jersey and Brooklyn. We have not yet asked the McAdoo tompanfes if they would look with favor upon fuch a connection hut I p<*e no reason why they rtould object tn such a plan being carried out. T."n<ier the 'barter of the railroad company we have the ripht to build our tunnel to within a few hundred feet of this union subway .ira tunt*l stuti-.n. •■1 1 think we ou^ht to be able "> pet the right to extend it the necessary few rundred f«et to make this union station a crejiff one than ordinarily planned. The Manhattan Transit Company was Incor porated In IXW2 as the successor of the General Carrier" Company, the charter of which gave It ih» rifbt t>> operate in any city of the slate T>ubltc vehicle* propelled by r (■■'••-. com prewd air »<r any other power. It also has the risfct to manufacture and operate an* deal in *dddea of a!i kinds for transporting passengers •r freight. The company will In a f^w days tskf- till*- to the four Btory building al the Benfcwest corner cf Water and Heekman streets. *'hirfi v.as bought several >e-.an« ago to sink a •haft for the proposed tunnel to Brooklyn. Jo •*l)h H. Hoadley go*, title to that property yes terday from Frank H. Bradner. dSHES FROM VESI Til \V. Vallmz 1 ti of Portions of Crater ( re ates Muck Alarm in X a pies. ■a.] • ■ I>ec. ■_'(> - Another portion <jf the Tate- of Mount Vesuvius ffll In at noon to-day *-r.2 f3 U »"e<3 r gr«at eruption of ashes, cinders *!tf rarid. it was not preceded or accompanied, faottever, by either detonations or earth shocks. This s?t*rno<,n for » period of. twenty minutes • mhT heavy rain of ashen fell over Naples, *".:1 ar.r.th*T portion of the f-rater. on th<? side 'o*a!r. Porr.r*-M, fell in. T^' rain of ashe* created rjonsiders alarm *■ U» more populous quarters of the city.' v> "c:rfn began praying to the Madonna and «he **inn not to visit them rftl another punish "jew at ChriKtrrma time such as c-ani« shortly ■"SPfH Caster. t)i« time of tfeta last great erup- Uon. ** the rain of iutU+s d!<l nut last long calm v i. S'jon restored. Til*; ashes continued to Call <Ws »»enlng, however, over pbrtici, Torre del Ut * rf| . Re«i n a and T«rre Annunziata. *NOTMER OEATM FROM BUFFALO FIRE. J A . ■ ' T K. p INEHURST— CAMDEN— FLORIDA. "* U *- • . • . Aii t- BtHW - -s^S,a'-^ ft . M . NEW-YORK. FRIDAY. DECEMBER 21. 1906. -FOURTEEN PAGES.-.. tJffi^^. PRICE THREE CENTS. DR. LEES SUCCESSOR. The Rcc. Dr. MendenhaU Called to Pastorate of Westminster Church. The Rev. r>r. Harlan O. Mendenhall. an old newspaperman and for years pastor of the Pres byterian Church at Perth Amboy. X. J.. has been called to the pastorate of the Westminster Presbyterian Church, in 23d street, in succes sion to the late Dr. John Lloyd Lee. Dr. Men denhall said last night that he would probably accept the charge. He was an old friend of the late pastor. Westminster Church, a few days after Dr. Lev, death, was received Into th« Presbytery sgaln. and this fact, together with the prominence of the church and the congrega tion. mak«s it one of the best charges In the city. ■Westminster Church held a congregational meeting on Wednesday night, at which the Rev. Dr. John Ban< roft Devlns was moderator. Dr. Mendenhairs name was the only one suggested. It was decided at once to tssue a formal call to Dr. Mendenhall. Dr. Mendenhall Is a Pennsylvanlan. He was born at Coatesvllle, Perm.. and was graduated from the Western Theological Seminary. For sereral years he was a member of the editorial «aff of -The Springfield Republican." His first charge was at Fort Wayne, Ind. Later he was called to the church at Perth Amboy. K. J.. where he was in charge for many years He was also pastor of a church at Kansas City. Mo. A few years ago. on account of falling health, he retired indefinite!;- from active work and went abroad. He ha* sinoe been engaged in literary work. Dr. Lee, the late pastor, and hi« congregation had a long drawn out strife with the New Tork Presbytery, which resulted in the church with drawing. The Presbytery carried the case to the courts in hope of getting control of the church property, but It never came to trial. Tne trouble finally died away, and both Dr. Lee and his congregation wert about to be received into the Presbytery when he died. PERFUME FILLS THE AIR. Park Row Gets a Treat When Bot tle Bursts, but Manager Sighs. A bottle containing Uiree hundred ounces of a French perfume exploded 1n the show window of ■ Park Row drug store yesterday afternoon with a loud report, and scattered broken glass all over the store. The odor almost overcame the clerks and a number of shoppers. No on- was struck by the flying fragments. There were about fifty customer In the store. BMMt of th»m women, who were too frightened to move. The perfume is highly concentrated and the eudden release of three hundred ounces of It almost suffocated every on*. The man ager was the first to recover his wits. He has tily opened the doors and windows, allowing the pcent to mingle with the odors of Park Row. A lot of people, attracted by th*. «ound of the explosion, crowded around the door and seemed to enjoy the j>erfurae laden air that was wafted from the store. The only person Who wore a long face after the excitement was over was the manager. He said the perfume was worth &;:>• an ounce, and that most of the ("hnetmas display In the window was ruined. BIG METEORITE HERE. Museum of Natural History Ac quires Interesting Specimen. The largest emir. Fi-.n» ineteorlte ever found, according to I'rofe««.>r Hovey. of the museum, ■ or. exhibition In the foyer of the Museum of Natural History- It was found on March 26 In a hayfield about t«u miies from Selma, Ala., by J. \v. Coleman J>r. Rumpus, director of the Museum nf Nat ural History, heard of Mr. Coleman's find aim arrangements were mail.- to have the meteorite 1 to this city, where it was given into the - r Hovcy, who named it "The Selma." It is 2f' J 2 inches high, 20 inches wH*' and n inch-:-; thick, :!.•:>] weighs 306 pounds, [n nal. ' : said yesterday thai mosi ■ iille passing through re, probably on account of uneoual heati:iK due to friction. Mr. f'oteman in ttovey describes th Ing of the 1 irite, which he says had evident ! where it fell since 1898 i <>f that year sever living in the vicinity heard a rumollng noise and saw a fiam : : £■ t'''Tra.rd the ea.rth. KILLED BY DOG'S LICK. Man Contracts Hydrophobia, Al tlniiigh Xnt Bitten. I for -nore than two weeks from hydrophobia, which he contracted, the . and '!'<k Is an/J face, Frank Butkanai, : of Pleasantville, N. v., died at th- ■ rinn Hospital yesterday. Bictans f«v 'hat the case was a - ia] one, as the man had not bitten by the doe and tlier.- w.-re apparently ratchei or --ores on his hands or face by a; f-.intf -.int." • ." which ;h^ germs of the ili*e.as« could • m. -.ana) wa^ employed by Dr. S. v. Jones, of Pleasant ville. N. V.. as a coachman. The man was very mui-b atta'-hed to a large New found.a.: 1 dog owned by the physician. Last November the nimal waa bitten by a stray cur, which was later killed because it was Buffering from rabies. Th< foundland nlso developed the disease; and -.-•-.. A v.eek later But kanal rumplained of feeling ill. and on Decem ber 1-1 ihf symptoms of hydrophobia were recog nlzed. For the last ft-e< k he was strapped to his c<jt, and yesterday died in agony. — «. DOUBLE PILGRIM CELEBRATION. Congregationalists Observe Tercentenary of Scrooby Church and Forefathers' Day. Huston. D?c. 20.— The Congregational Club held a joint celebration to-day of th*j tercentenary of tbe foundation of th* historic church at BcTOOby, Eng land, und Forefathers' Day, tho anniversary of the laadißZ of the Pilgl at PlyOM il.uc than a ihousard members and guests of the club joined la the celebration and heard speeches by the K«V> William J Dawson, formerly of Lon don and President William Da Witt Hyde of lJ.ivvdulti College- Uotii siutches agree.i on the necessity «' a changu '" pulley and organization of tiw d.nomlnutlor.. In order tv men t; ie complex, varying ana hroad^nins needs <-- th*- t:me.<, ami su!<l thai U>'- present sys!t_<-iri was ftitirrl;. Inadequate. Th , Rev. Samuel Usher presidnd, and b'-r^r-s ii:.» formai iddrwses a rreetins was extended t<i tho <-lu!> by Attorney <jor;cr;ii Dana M&lone fur the sl \jr' li.whuii said that lh»t isolated church had f-ulA'l "Wliat is >i»vJeu." he .-.ddf J. "is a federal' ijUl ronfii>-Bi^i.-r;al!sr.» lh;i ' «U1 concentrate a!l its resources '> v - :<nv « : "*"" n I* 0 0 ? in a "■ v!<lfl ar 'i f-on etantly" enlarfflnfc baUleflcd.*/ r< OR'O *• 'NPORMATIOf; BtIRCAL:. _ MEN BLNT Ofl STRIKE. REFUSE TO ARBITRATE Stcitchmen Insist on Receiving Full Demands, or Will Quit Sunday. fßy T«lacraph to The Trtbon* 1 Cleveland, Dec. 20.— When Grand Master Mor rissey of the Brotherhood of Railway Trainmen was asked to-day if he wa« in touch with the situation in New York with regard to the de mands of the switchmen on the roads In the New York Harbor district, he replied that he was "The wage difficulties which we face In the East and in the West are totally different In their application," added Mr. Morrlssey. "The one in the East is rather more pressing. In substance the demand is for a wage advance of. h cents an hour. The working day is not in volved in this demand, the ten-hour system be ing established If the managers do not grant the yardmen the wage advance asked by Satur day night the men will be withdrawn. The ulti matum affects 1.770 men. Xo further meeting with the managers has been arranged, so far as 1 know, n^r will be. as matters look now." The officials of the roads involved in the strike ultimatum issued by Fourth Vice-Grand Master James Murdook of the Brotherhood of Railroad Trainmen, admitted yesterday that it was unexpected. It covered all the local yards of the roads running intn New York except the New York Central, the New York. New Haven & Hartford and the Pennsylvania, and Murdock said yesterday that It would cer tainly go into effect at noon on Saturday If In the mean time the general demand for an In crease of five cents an hour which was made at The first was not granted befo*e ..if«t time. Though th»> general managers of the roads decided yesterday to send for Grand Master Morrisey. asking him to come on at once. Mur dock said it would not change the situation. The ultimatum, he said, was final. A meeting of the general managers was held yesterday afternoon in the office of Vice-Presi dent and General Manager William G. Besler of the Central Railroad of New Jersey, at No. l-4.'i Liberty street, to consider the situation. President (ieurge F. Baer of the Reading Rail rord spent an hour or two at his New York office yesterday, but did not attend ths meeting of the managers. Tlie following statement was Issued after the. meeting was over: The genera! managers of the lines entering New York state that they regard the strike ulti matum of the yardmen as a most astonishing aiTair. In the first place, many of the roads have .-nntracts with their men running to January. I'.XtT. and beyond, which they, the yardmen, now propose to repudiate by striking on Satur day noon. December — - Second— ln the last three years this class of labor has had Its wages increased from 33 to .-«• per cent, as well as having the working hours reduced. Third— The cornpani«B have offered them an increase of 14 per cent, which they decline to consider, but, as ptated before, take this occa sion. Just before the holidays, to break contracts and hold up the railroads for an Increase far in excess of anything that has been granted to or asked by any other classes of employes. The managers have as yet come to no con clusion as to what action will be taken, but ha\e. in view of the violation of the contracts by this ultimatum of the yardmen, requested Grand Master P. H. Monissey to come to New York immediately. Several informal conferences were held be tween some of the trainmen and Fourth Vlce (Jrund Master Murdock yesterday at the Qrand Union Hotel. Mr. Murdock was shown the managers' statement last evening, and in reply ;< • said: It dees not represent the situation at all. To say that contracts exist is utterly false. There Is not a contract governing the wages of the trainmen in any part of the New York district. Regarding the increases of wages, it is true they have been materially increased, but for a num ber of years the yardmen in this district have contended that they should be paid as much as the en in Chicago. They were willing to settle for the wages paid to the yardmen in Cleveland, although the Cleveland \va?;e<» n» one cent an hour lower than in Chicago. If the New York Central is willing to ray the wage* v. . are willing to take t l ie other roads ran do the same. , _ '. The Maine for the trouble takin«r place in trio holiday senFon belong* la the manager*. Nego tiations have been going on sine*' November 15 and there has been plenty of time to settle. The arrival of Grand Master Morrisey would make no difference. I have been deputed to represent him here, and to all intents and pur poses as far as the trouble here is concerned, I Grand Master Morrisey. Mr. Morrisey ap proved of the action taken, as I have been in communication with him since the strike vote was declared. In answer to a question as to the prospects <>t - Ltion he said: It is r.'-w too late for arbitration; all ne gotiations are off. My organization stands com mitted to thp princlplfl of arbitration, but in this caee th« time for arbitration has passed. The men voted to strike and are all ready to rinit. The only possible way to avert a strike now is a notification from the managers before Saturday noon that the demand for the Increase of B cents an hour is conceded. Failing in this. the pike will surely go into effect in accord ance with the terms of the ultimatum. TO DEMAND RETIREMENT OF RAISTTLI. If Moroccan Minister of War Is Not Able to Compel This Men Will Be Landed. Pariy. Dec -<>. —The situation in Morocco is that the diplomatic representatives at Tangier are committed to demand the retirement of Raisull from his present position. If Sid Mo hammed Gabbaa, the Moroccan Minister of War. upon his arrival, is noi strong enough to compel the ban. lit to withdraw the French and Spanish warships here will land men. with the approval diplomatic representatives, for the pur .. t, of restoring the authority of the Sultan. The Impression prevails here that Raisull will fisrht. and It is f<-ared that a large portion of the under Gabbaa will desert to his side. THE STROZZI PALACE SOLD Famous Example of Florentine Architecture Brings $1,200,000. lorenci De< 20 — The Htrozzi Palace, one of the most perfect examples extant of the palatial style of Florence architecture, has been sold to a wealthy manufacturer for $1,200,000. This pal ace was begun *n 14S*.\ GOVERNOR HTGGINS THEIR GUEST. Dinner Tendered by State Officers Who Have Served with Chief Executive. Albany, Dei-. ;>).— A farewell dinner was tendered. i [ovei • Miggins at the ■■:..'. by Btj':*: bfllCHT* who have Ik^m CM lated In public life with him for th« lust few years., vnuirifr those ;uesent were Supreme Court Juutict- M. i- n Bruce. formerly IJeutenarit Governor; Attorn?) < ii'-ial Mayer Superintendent KHsey of th» state Insur? -ii'r't- pepartineni. HujM>rinten«lent Frotichot of the grata bep«rtw«il of Public Worku, late (.' roller Wiixnii SuiieriuteiniiMit Kilburn of ti.- Stnte Bank ),,p t"vTrt:iic.H. Senators \\h\te a:ul Tully and many otb 1 "*- HENn:. CONFISEUR. 67-69 W. 44TH, <n.o.«sltc Hippodrome, J'aiisiau Tea Room; Patlase rUrClaces i*ranfi» ls^ Bonbon* caiai?fiu».— Advt. PATRICK'S LIFE SAVED. HIS SANITY QVESTIOXED. Governor Commutes Sentence to One of Life Imprisonment. Albany. Dec. 20.— Albert T. Patrick was saved by Governor Hlgglns to-day from further peril of the death chair, in the shadow of which he has been for nearly five years sin^e March. 190-. when he was convicted of the murder of William Marsh Rice, the aged and wealthy New Yorker. In a brief memorandum laying stress on the dissenting opinions of the judge* of the Court ALBERT T. PATRICK. Who«*> death sentence was commuted to nfs tm * prlsonment by Governor Hlggins yestenJar. of Appeals, which affirmed Patrick's conviction by a vote of 4 to 3. the sovtmor at noon an nounced that he had commuted the death sen tence to Imprisonment for life. Later in the day the Governor strongly Intimated a doubt of Patrick's entire sanity, attributing his mental state to the strain under which tne condemned lawyer had labored all th*se >-^ars In the death cell at Sing Sing. A dispatch from a Nf'w York newspaper to a correspondent, In which It was asserted that Patrick denied having sent the Governor any appeal for clemency, would refuse to accept the commutation, and insist upon his "ritfht to die," was shown to Governor Higglns. "Mr. Patrick cannot determine what his pun ishment shall be," said the Governor. "He Is mistaken if he says he sent me no application. In fact, I have several; one in particular asking for a pardon. He will have to be careful, or he may find himself in Matteawan. The long strain seems to have been too much for him." The State Hospital for Insane Criminals Is at Mat teawan. The Governor said he had nothing further to say as to his reasons for commuting the sen tence; there was nothing further for him to consider, he said. In announcing the commutation, Governo*' Hlgglns Issued the following memorandum- Albert T. r'arrtck has been convicted of the murder of William M. Rice, and the judgment of conviction has been affirmed by a divided court. It Is not claimed that Patrick committed the murder in person, but that he procured the act to be done. He has been convicted princi pally upon the testimony of Charles F. Jones, who confessed that he murdered his master while he lay asleep, instigated thereto by Pat rick, and Jones by this testimonj' has purchased his own Immunity from trial or punishment. Neither this fact alone, nor the review of any of the facts already passed upon by the courts at some stage of these proceedings, would seem to me to warrant Interfering with the Judgment of death pronounced against the defendant; but three of the seven Judges of the Court of Ap peals were so strongly of the opinion that errors were committed at the trial which were sub stantially prejudicial to the rights of Patrick that I feel that the death penalty ought not, under all the circumstances, to be inflicted. In view of thee* facts and the grave doubts expressed by these Judges. I am satisfied that I ought to relieve the defendant from the extreme penalty of the law. and commute his sentence to Imprisonment for life. Whll* Patrick was not officially informed of th» commutation at Osslningr yesterday, h« learned of it through his wife, who hastened to tell him the good news. Mrs. Patrick ta:k*H to her husband for an hour, and from frequent laughter the keepers believed that Patrick was happier than tn year 3. After leaving the prison Mrs. Patrick returned to this city. Although requested to talk about future action Mrs Patrick refused to do so. Patrick told his keepers that he did not want a commutation of sentence, but either pardon or the maximum penalty. Despite this talk, however. It i* believed that he has speculated on Just the ao tlon Governor HigginS has taken. Patrick asked "Warden Johnson some time ago what work he would have to do If his sentence was commuted. When ths official papers arrive at the prison to day. Patrick will be transferred to the main part of the prison, and will probably be put at work In the sash and door factory. HU name will cease with the change, and he will hereafter be known only by a number. He will be allowed to wear black clothes. It Is expected that Patrick will now begin an other fight for freedom, this time with the know ledge that his life Is out of danger. The first step, it is believed, will be an application for a writ of habeas corpus, made in the United States courts and directed against Warden Johnson. Johnson. In that event, would have to show cause why he should not release Patrick. Making the warden the defendant would be only a technicality, as the Attorney General and District Attorney Jerome would have to defend the action. New evidence Is said to be In the hands of Patrick's counsel which may tend to throw new light on the Yarlous testi monies given by Jones, the valet There Is a possibility that Patrick may be brought to this city next week to act as a witness in the trials of David L. Short, a commissioner of deeds, and Morris Mayer, a lawyer in Patrick's office, who were Indicted shortly after Patrick's conviction. Indictments were found against them on counts of forgery in connection with the 1§»» will of William Marsh Rice, afterward declared void. Mr. Jerome and his assistants would not com ment on the action of Governor Hlggins yesterday. It la said the ordinary course is for a Governor to inform the District Attorney when such action Is taken, but It Is believed that such action was noi taken In tals case. Ex-Judge William M. K. Olcott, Patrick's cojnsel. would not talk about the case Usi night. The case againtt Patrick Is in many respocts unparalleled. It Is doubtful if a convicted man, hinis*lf an able lawyer, has ever taken so impor tant a part in the conduct of his own case. Will iam Marsh Rice died on September 22, 1800. anil Patrick and Jones were arrested on Octoo«r i. After many legal delays Patrick was tried, .'ones having turned atatt's evidence, and was convijted on March 27. IMfc Since tl.at time a date fur liis •lectiocutlon has b**n set seven times, and lie ius given the state the hardest battle in its legal history to <-<trr> out th«- sentence. Near!] a st-ore of murderers have been put to death at Sing s"iag since Patrick was tlrst taken thars Ir is esti mated that the oust " the case to the state and to ■ lr.iself has been I" the neighborhood or JaOrt.om). The iaf»<*. on on*- technicality ar.d another, has been f.>uj;iit ' tUrouah all t!.'> coarta >>f irr» Matt and u;> l<» th«- United States Supreme •*■ nit. Il was never actually h.'ard by that tribunal, l-ut notice had i" 11"1 1 " entered i>f an application thore for a review of the case. Thl* application was wlth (untlnued m> thin] pax*. XMAS-NUTS, FIGS. DATES. Complete line at Uennctt's. :0« Barclay- St.— Advt- MAY SUCCEED MR. BRYCE. Talk of . Augustine Birrell for Chief Secretary of Ireland. London. Dec. 21 —In wel! Informed f»arlla mentary circles Augustine Birrell. president of the Board of Education. !s now regarded as first favorite for the post of Chief Secretary for Ire land, w.hich will become vacant when James Bryce is transferred to the British Embassy at Washington. In this event Dr. A. C. Macnamara probably will be the new Minister of Education. It appears that the contemplated appointment of Winston Spencer Churchill to the Irish Sec retaryship Is getting only a lukewarm receptton from the Nationalist members of the house, who desire a man with a longer Parliamentary rec ord. Furthermore, there Is some doubt about the safety of Mr. Churchill's seat In the House from Manchester, where he would have a for midable opponent In A. J. Balfour. It Is be lieved that the Nationalists would warmly wel come Mr. Birrell as a successor to Mr. Bryce. It was noticed In the course of yesterday's debate In the House of Commons that the references of John Redmond, the Irish leader, la Mr. Birrell were particularly effusive. "The Morning Post," which ha* advocated the appointment of a Canadian as British Ambas sador at Washington, to-day editorially congrat ulates the government upon the selection.of Mr. Bryce. and says It thinks this choice will be regarded on both sides of the Atlantic as a proof of friendly feeling. The paper considers also that Mr. Bryre fully appreciates the position of Canada and Newfouniland. EXPECT MB. BRYCE WILL BE NAKED. No Official Announcement Yet from the Foreign Office. London. Dec. :*>.— The Foreign Off!--* to-day said that no statement could be made at present relative to the appointment of James Bryce as Ambassador to the United States, in succession to Sir Mortimer Durand. but it is generally understood that the usual formalities are now going on preliminary to an early official announcement of the appointment. LAXD OHDER TO STAXD. Mr. Hitchcock Will Xot Withdraw It Till After Investigation. Washington. Dec. 20t— Secretary Hitchcock, who was called before the Senate Committee on Indian Affairs yesterday, declared to-day that his order withdrawing four million acres of land belonging to the five civilized tribes will stand and the land will not be restored unless the In vestigation a.s to the legality of his act mam m progress develops that he exceeded his au thority. Secretary Hitchcock was in consultation wi'h th 9 President this morning in regard to the order. XOBEL PRIZE TRUSTEES. Marvin Hughitt and John Mitchell Accept President's Offer. Washington. Dec, 20. — The President announces the acceptance by John Mitchell, president of the United Mine Workers of America, as a rep resentative of labor, and Marvin Hughitt. presi dent of the Chicago & Northwestern Railway Company, as a representative of capital, of the places tendered them by the Presldeat as mem bers of the board of trustees, five in number, to which he will convey the amount of the Nobel peace prize. According to the President's plans, the ChUf. Justice of the Supreme Court, the Secretary of Agriculture and the Secretary of Commerce ant Labor will be the other members of the boanl. The fund amounts to over $37,000. and its in come Is to be expended In bringing together in conference at Washington representatives of labor and capital for the purpose of discussing Industrial problem?. COLLIERS AUTO BURNS IN GARAGE. Dinner for Literary Folk in Publisher's Home Interrupted by Fir*. An electric brougham owned by Robert J. Collier, the publisher, took fire in the garage adjoining Mr. Collier's home. No. 20 Gramercy Park, last evening, and. besides damaging the machine more than $1,000, interrupted a dinner Mr. Collier v.as giving to some flterary folk. The brougham had been a trifle out of sorts, and several machinists were at work on it when, it was thought, wires got crossed and the thing took fire. The firemen used hand ex tinguishers to complete the machinists' work of putting out the fire. IMinnf the excitement some oi the literary folk left the house and mingled with Mr. Collier and the firemen in the garage and the grounds around the house, unmindful of the rain. Mr. Collier delighted the firemen and policemen by having his butler supply them with perfectos. SHIPPERS ASK MILLIONS IN DAMAGES. Delay in Forwarding Freight Basis of a Host of Texas Suits. [By Telegraph to Th«. Tribune. 1 Galveston, Dec. 20.— recent decision holding railroads responsible for Ud.iu**e3 on acc««M or unwarranted delay of freight Ik responsible fur th» filing of many suits against the Texas roads. Dam ages asked aggregate over *4.C<*.WjO so Car. Kvt utn. c baa been introduced slwvktntJ IbM CMS uf freight irom the North and tlast nave been de layed in railroad yards in Texas eight wul nine weeks Over ton] vessels have been <i--.-ia>eu In port at Qaivestou from twenty to iorty-:ive day*. The rteamshtp companies claim as *a adOiuoa »\S»> wo damages. Tne railroads are now reiu*m« shiwnents In railroad yards In I*M there are *tx thousand cars that na%e b«*n waiting eight days. . ALLEGE REBATING IN ALASKA Steamship Companies Said to Discriminate and Charge Excessive Bates on Coal. Juneau Alaska. Dec. 2u,-aov«rnment authorities are requested to iP.veniigate charges of dUcnmlnu lion preferred against the transportation company reaching Southern Alaska tn a special report made by the i.deiiil grind Jury. It i> alleged that th« steamship co:njxuu«* give unrair rebates and nrtfiwniiil freijnl rates ana cnarg.- excesstv* urfoes for co«! Th« report means th* Pacific Coast r-omuany. tne Alaska Steamship Company,, in« U'anadiin and the Humboldt Steamship companies. PASSENGER TIME FOR COAL TRAIN. Great Northern Sends Shipment of Eighty Cars — Other Roads Rushing Fuel. riuperior. Wls.. t>ec. 3L>.— The *.i:.>u; Northrrn ia nia.ktu£ up a train at «igluy cars lo«ul*U with coal to b^ raatwd through to uraud Forks. n D-. via L'iitJsenKcr train SCnedule, tn o: Je: '•• relieve tlie lucl famine in the Northwest. Minneapolis. Dec. 20.— The railroad* are bending ,vr> effort to riii)\ -<al lnto the Nor;i:»<-- dis trict that has fi»r sortie days t>e!i suffering from a fuel famine. Ph« big dock companies aud the coal tumiw.ii.es an doing everything s».m»lOI« to relieve Ibe xituctton. but there is still conalderabla iliftivuli ■ In gettlni cars R.-ll' : f'.in, om< source la a/fortlcd by thi* arrival h*r* .if ■«-V«ral tr.ilnl" of Illinois coal. Miirh of tbts t being r*sblpp«<l u» Northwestern points. i)i:n.\TE on xcgroes LIVELY TILT IX SEX ATE. Mr. Ijodge A nsiccrs Mr. Foraker'* Criticism of President. lF*wm Th» Trihun* Burvau. I ; Washington. Dec. 20.— f»rst guns «f a ♦let bate which promises tn b« Interesting, and pun sibly acrimonious, were fired in the Senate to day >hen Mr Foraker. speaking: in support of his resolution instructing th* Military Af fairs Committee to conduct an investisratlop c! the Brownsville- Incident, deliv«>r»-.l i powerful and, at least for a time, telling arraignment -t the action of the President !n dismissing th« Negro soldiers, and Senator Lodge, replying briefly but effectively, demonstrated to the Eert ate the decidedly ex parte character of Jar- Foraker's remarks. As a special pleading. th* »pe*tch of th» Senator from Ohio was brilliant, and he made progress toward accomplishing his purpose of a^ttln« the Senate to investigate tttm Brownsville affair further. Senator Lnd^e made a plea for justice to th* President and the Secretary cf War. wno had. he said, been charged with the disagreeable duty of dealing with this unfortunate occtxrr»nc«, and who had doubtless given many daye of moat careful thought to the subject before reaching a decision. In closing. Mr. Lodge read frora that srrldenca the fact that the Negroes of the 25e* Infanrry had '"shot up'" four towns before their Brownsville escapade, and by reading in full th» . testimony of witnesses whom ilr. Foraker fcadi quoted only in part, established tho belle: in the* Senate that Mr. Foraker had, in his enthusiastic! championship of the dismissed Negroes, trnsn ! unfair to the President and his advisors. Mr. Lodge spoke for only ten minutes and candidly confessed that h» is less familiar with; the evidence than Senator Foraker. who said yesterday that h*. had enjoyed an opportunirr to Muimina th» President's message before It ; was sent to Congress. Mr. Foraker was com pelled to admit that he had read, though h» omitted to refer to it. the facts relating to one* of the shooting affrays of members of the 25th before the Brownsville affair. ATTACKS MAJOR BLOCKSOM. Senator Foraker appeared to resent the fact, that the President in his message, apparently replying to the charge that General Garlington was a South Carolinian, had emphasized th»t fact that Major Blocksom. the inspector wh» conducted the first investigation, was from ObioJ In reply. Mr. Foraker said that Major Blocksont! was the son of a Vallandigham Democrat anttj had been brought up on antipathy to the Negre*., He al»> emphasized the fact that General Ge;r-' lington was a Southerner, but his Introduction.^ of this was generally regarded as a mistake.* both from the points of view of fairness and} of tactics, as it probably insures the antagonism.: of every Democrat in the Senate. Major Blocksom. Mr. Foraker said, had evi dently developed an enthusiastic admiration for one of the witnesses, a Captain McDonald o? the Texas Rangers, as was shown by the state ment in his report that "this man was so brave, that he would charge hell with a bucket of water. "1 would like to cross-examine a man so brave* as that," remarked the Senator. Senator Lodge when he replied to this saMI that he did not care in the least from what state any of the officers concerned In the in vestigation came, for It was inconceivable to him that any officer of the army would be* guilty of the unspeakable infamy of distorting the facts, or would even be prejudiced hy the* place of his nativity or the political affl!fat!on» of his father. Senator Foraker alleged thar the President had far exceeded Mi constitutional powers by dismissing the Negro troops, and quoted article*. of war in support of his contention that th* ■Mi should have been tried by court martial. Replying to Mr. Lodss>, he said that the 32tf> •'discharges without honor" of last year werat wholly different from the case of th<» men of the> 2."'h. H" then proceeded to analyze the r»» port of Major Blocksom and the testimony taken ry him. reading parts of the testimony ot the witnesses, and addressing himself to a dh>> proof of the President' s assertion that " scores of witnesses" had testified to the guilt of th* dismissed soldiers. The Senator from Ohie* handled this part of his argument with except tional dexterity and apparently convinced manf Senators that the evidence which ha<! led la tne> dismissal of the soldiers without honor was not such as would have proved sufficient to hay* established their guilt In a court of justice. Mr Foraker held that the case i.M not presen» an open question, but that the authorities «ay« instances of cases along similar lines, in all at ■which Justice had teen administered after trial by court martial. "Congress has always been careful." he con tinued, "to provide that no man found guilty at an offence should he jrtinished otherwise has> as Congress might direct. DISCREDITS THE WITNESSES. "The President aajya thla is tne most atroc!r»u# crime ever committed. If these men committe<i the crime, and did 'shoot, up" Brownsville, I ngves with him. I have no sympathy with that sort of thing, and it may be that it was done. But I repeat that what I want to call tr>ntion to Is that the President has misconceived both his constitutional power and the evidence tn this cane. The President says the guilt of thes* men has been established by the testimony of scores of eyewitnesses, as shown by the report of Major Blocksom T have counted the wit nesses in the report of Major Blocksom. and there are Just twenty-one of them. A score would mean at least twenty. Their testimony was taken by a self-constituted citizens" com mittee, and no oaths were administered." Mr. Foraker then went through th* evid«nc« In question, reading extracts from the testU rnony and eliminating as eye witnesses those> who said they had not seen those who did tr>» shooting, until he had reduced the actual num ber of eyewitnesses to eight. As to these he te marked that their testimony was '"utterly un satisfactory and Insufficient" to find the n«en guilty of the crime with which they wer« charged. Mr. Foraker repeated several times during hi» speeea that he believed the President had been. imposed upon. "But." he added. "I believe kaj is a big enough man anct a just enough man o undo what he has done when he finds out th* true situation." Replying to a question from Senator Knox as to whether there wai no evidence except that furnished In the Blocksom report. Mr. Foraker said he had been unable to discover any other, and in this he believed the President had beem naialed. "Should the Military CeassßSttaa. be given au thority ta examine wttaasssai^ Mr. Foraker con- FLORIOA. AUGUSTA. SUMMERVILLE AND CHARLESTON. Vfa Southern R>. I.v. New York dally 3:^5 n. m, and 12:10 a. m. fomrrnricinst Jan. 7. Southern's Palm Uimitrd resutn«!« ser\ t,-r». Uv. New York dally. e\ r«-pt Sunday. KUO p. rr.. Through slepninij. itininc oar service to St. Aut?u<»tii»*. Au<usta. nnil t"*harl^<H'»ji. Rt>M(«iitlotn era now be maiK N » Tork om«-«»s, ;71 and l?».» Broadway.— Advt.