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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, December 21, 1906, Image 1

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V" LXVI- 0 - 21.950.
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
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
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
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.
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-
** 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.
■ ' T K.
"* U *- • . • . Aii t-
BtHW - -s^S,a'-^ ft . M . NEW-YORK. FRIDAY. DECEMBER 21. 1906. -FOURTEEN PAGES.-.. tJffi^^. PRICE THREE CENTS.
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
■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.
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
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
' : 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.
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.
— «.
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.*/
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
"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
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.
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.
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*.\
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.
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
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
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*.
Complete line at Uennctt's. :0« Barclay- St.— Advt-
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.
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.
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
Secretary Hitchcock was in consultation wi'h
th 9 President this morning in regard to the
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?.
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.
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. .
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.
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
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.
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
"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.
"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«
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
"Should the Military CeassßSttaa. be given au
thority ta examine wttaasssai^ Mr. Foraker con-
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.

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