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THE EVENING SUN 1 THE EVENING SUN
Circulation lorper than any other 4 is the most popular and success
evening newspaper printed in tho t un ful evening paper ever known
English language
lsh I 4 Price Ono Cent
VOL LVNO 94 NEW YORK SATURDAY DECEMBER 3 1887 PRICE TW9 CENTS
SOME WASHINGTON TOPICS
0oKtr rojtuoiioft iir AJIUY CIRCLES
Olin comNa CUANOES
CMNG OHANGE
Three General Offleere mat Enl Oenernl
Mtatr Officer Kxeept Two to b Retired
During the Next AdmlnlstratlenCancus
of Denseeratle llenatere Hustler Con
gressman from Michigan O Balnea
IB tke Race for Doorkeeper Wrld
Reporter Saw the President In XeirsDO
pro when be was In the TVhtte Home
WASHINGTON Doc 2There is a great deal
commotion In army circles ovor the oxtra
ordlDnry situation existing In regard to coming
thanJa Never In tho history of our army baa
nr President In time of peace bad so many
Important military appointments to make as
the nut President Will have Tho officers of
the army ate not allowed on the surface to In
terfere or indulge in politics In any form but
at the same time the army Influence in politi
cal affairs and In appointments is I frequently
potential This winter promises t see somo
VCO fine social work done by too army set
wit a eye to future contingencies During
the next Administration throo general officers
and ever general stat officer except two
will retire under the low retiring officers sixty
four year of age and the President elected
next year will appoint their successors The
general officers who will b thue retired and
to whom successors will b appointed are
MniorGenTenr BrigQon Stanley and Brig
Oeo Gibbon The general staff officers who
will b retired under the sixtyfouryear law
sire BritGen Holablrd QuartermasterGen
eral BrigGcn Donet Chief of Ordnance
DrlgGen nochester PaymasterGeneral
UrlffGen McFcely CommissaryGeneral of
Subsistence BrlgGon Moore SurgeonGen
eral and lat but not least BrIgOen Drum
AdjutantGeneral The only general officers
chiefs of staffs remaining Judge Advocate
General Swaim now serving on half pay by
sentence of court martial and Oen Oreoly
Chief of tho Signal Service Office Under the
present Administration two general officers
will be retired next year viz Oeo Bar In
spectorGeneral and Gen Duane Chief of En
glneers Thus it happens that within flvo
years all the heads of the eta departments
except two a changed
Now there would bo comparative serenity in
army circles U the rule of succession was always
ways adhered t and there would be a com
plete understanding as to the general advances
ill along tho line but unfortunately this rule
has been times broken Ignored and
ha ben many tmes brkon or I10rd
10 the army people are plunged into uncer
tainty as t what the next President may do
Under Grants Administration there were two
notable instances of ignoring the law of succes
sion and regular promotion Men were taken
up from low rank and passed over the heads of
old famous and battlescarred officers to
places 01 power and prominence and men
found themselves serving under the orders of
officers who had been subalterns under them
and who were far behind them in tho line of
promotion Much discontent and bitterness
Eromotion bltomess
hM thus been occasioned In the army and dis
cipline seriously Impaired by undeserved promotions
sroua ImJd
motions out of the regular line made through
political social or family influence It is an
axiom I army organizations that when politi
cal or family influence enters in discipline and
efficiency go out Under Grant West Pointer
CommanderinChief President as he was there
were two Instances t the point which were
looked upon a flagrant in the army These
were the promotions of MoFeely and Benet
whe were raised from the rank of Major clear
over the heads of all the officers above them
Ud made chiefs of their departments with the
t te
rank of B depont
But Btifl more notable instance occurred
under the Haye Administration In olcnr
te prmo
tion Bwalm from next to the bottom of the
list f rna succession t the head ot his de
partment as Judge AdvocateGeneral Gen
Jwam had been lor years a follower and be
never 11 HraorneUL no was uarnelds de
voted friend and admirer He was of a money
maldng disposition close and calculating
sGarflefd could never make a cent In bust
eels and 81am took his mono and invested
It and mad it for ht He know how much
oDe Garfleld had in bank whon the lattor
Kiney 10 more idea of it than a boy Swam
bought th house Garfield used to live in In
Washington and installed the Garfield family
there rent free He so managed that no man
could have been placed under heavier obliga
tions financially socially and politically than
Qarfleld was under t him He believed just
as much as be believed that the sun would rise
of a morning that Garfield would one time r8
the President and that when that occurred he
would claim his reward He often said so
and his implicit and unwavering confidence
strengthened the faith of many others in Oar
fields destiny AfterQarftelds election Swalm
went to Mentor and took charge of matters
absolutely and then ho demanded recognition
of his services Garfield after his manner put
his arm around Bwalms neck and said
My dear boy I owe as much to yon as over
one man owed to another You have but to
name your owe and I shall bo granted
General I want said to be Swaim appointed Judge Advocate
Qarflold was staggered Ho remonstrated
against the demand raring It would ruin him
with the army to make such an appointment
that I was subversive ot discipline and would
discourage and demoralize the army But
bwslm was inexorable Garfleld sent to 000
Charles Foster to help Him out of tho difficulty
and Foster after a talk with Bwalm and find
Jag him obdurate bit upon n plan which ho
laId before Oarold and which thoy agreed to
workupon The plan wae to have hayes who
was just going ant make the appointment and
take the onus of it off from tbe incoming
Ohioan Foster went to Washington and after
hlnlon afer
a struggle got Hayes to agree to I through a
dicker that arfleld should appoint Baxter and
80 the appointment was toads and the re
sponsibility taken from GarfIeld in part
though the story to some extend leaked
out and in the and Garfield had to I
tae the responsibility Swalm was appointed
BrlgodlerOoneral and Judge AdvocateGen
eral I Fob 181881 and accepted on Feb 22
Thus Hayes was mao a cats paw by Garfleld
through the sly manoeuvring of Charley Fos
tr After Garnelds death the feeling out
rage awl indignation in the army against
olalnst
Bwalm took shape in what was to a great ox
t nt a conspiracy to overthrow him and to
this effort President Arthur lent his active aid
nod support as will bo remembered Nothing
6UPPOr wi Nothlnl
really culpable was clearly proved against
Hwslm except tin Inordinate and indiscreet do
sire to make money and tho effort to oust him
was a partial failure lint it succeeded In sus
pending him from office for 1 term which
would tae him by its expiration beyond the
Jcal year for retirement for service thus
practically putting him out of the army It is I
the remembrance of these things in connec
tion with the great numberof coming changes
that is worrying tho army people WIry much
Just now and it does not soothe them any
when they remember that Mr Cleveland has
followed the example of Orant and Hayes in
the promotion of Oeo Greoly
A curious complication arisen in the In
terior Department caused by the death of an
employee In August tho Secretary of the In
terior sent out a commission composed of Law
Clerk John McNamoe and Special Agent Ga
briel Wharton t examine into the condition
of the land grants made to aid In the construe
tion of wagon mao Oregon rue Commis
sion hired a stenographer J D I Richardson
of 1 ortlund and at considerable expense > went
over tho cntlrn told taking a vast amount of
testimony The Commission was In the Hold
three months and two days Before tho close
01 l io1 work Richardson was taken suddenly ill
lchardson wa tlken suldenly
and died It was then found that uono of his
notes had been transcribed and the entire los
timony Is now nl the Interior Department in
Shorthand notes Experts are working daily
on tho notes but many ot them are uiilntelll
Sible 1 t is earod tnlvt the woutllB work
19 thlt 10nths
will 1 1 be loot 1
There a several young members in the new
House of Representatives and they come from
all sections of the country There aro Southern
hot heads New England Yankees and the
fptoles known tho West as hustlers Among
too r latter class Is the now member from the
mombr
Grind Rapids district of Michigan Melbourne
Haddock Jord He is 38 yours of ago and a
seed example of what republican institutions
riuck i mId perpovoranoe l can do for a young
lao Mr lords only previous publlo service
R fns a Orl of Ito Legislature of the
otttteof Michigan for one term He received
an ixlueation In the public schools and in 1861
Wheu < year of age entered the United States
favy In n subordinate capacity und nerved for
y ° years on tbo European station after
ral on just
EurjAn
Jh1 close of the war He liked the navy nnd
wa Je Ikod lnd
nav
watching hU opportunity secured an appoint
ment as cadet at the Annapolis Academy Ho
tesIgned from there after securing a good 10
tttlon and begun the study of go He
B Ter prao1 Used much although admitted
L f h
L <
to the bar Ho was married In 1873
and took up the study of stenography
then a rarer accomplishment in tho West than
it Is today His wife and ho studied and
worked together at night ho taking notes and
she using the writer taklnl
uslnl typo rtor In Its unim
proved state lord became an export stenog
rapher nnd or that bli lifo business be
coming a court reporter Ho compiled a book
which was a sort of guide or text book for
young lawyers and then the Fusion party bo
coming strong and popular in Michigan ho
joined It and entered politics He was elected
11Icl eltctod
to the Legislature and there gained somo rep
Ialnlt
utation as the champion of I measure provid
lag for capital punishment for the crime of
murder and rape The measure did not lie
como n law but lords efforts secured for It n
very renixjotublo vote Ford afterleav Inn the
Legislature was nctivo In politics and In 1880
received the Fusion nomination for Congress
Ho was elected by n plurality of 447 Conlosq
ter a very exciting campaign Mr Ford is a
robust active man with a stentorian voice
A caucus of Democratic Senator was held
today to which an Informal report of tho cau
cus commlttoowas submitted respecting tho
admission of Senators Turplo of Indiana and
Faulkner of West Virginia Tho report was
discussed at considerable length but as sev
eral members of the caucus were absent no
line of action was adopted and tho further dis
cussion of the subject was put over to tomor
row at 13 oclock to which hour tho caucus ad
journed Tho caucus is confronted with a
doubt as to what course the Itepubllcnns pro
Iepublcns pr
pose to pursue and the committed will in the
mean tlmo attempt to soo I anything can be
learned on the subject Members of the Dem
ocratic caucus say their party Is firm In the
conviction that tho Senators named should be
sworn in when tho other now Senators are and
they are Met unaware ot any purposo on the
1ar of tho Republicans to prevent it It can
Irvent I I
not b learned that tho Itepubllcans have con 1
sidered tho subject except as Individuals and
I Is certain that no line of action has been I
mapped out Tho usual course ot procedure I
Is 1 to swear In now Senators two at a time In
the order in which their names stand tmo the
alphabetical lint Tho two parties are exactly
equal In strength at tho Ktnrt but with the ad
ministration of the oath to tho first Senator
on tho list Mr Aldrich tho itupubllcnns
will have a majority and can of course control I
the current of events If no dilator proceedings i
are resorted to I In evident that members of I
both parties are studying the rules and prece
prce
dents closely with I view to meeting any at
tempt by their opponents to secure nn advan
tago but without knowing exactly an vet what
they are to guard nimlnft The Democrats
have caused telegrams to be sent to their ab
sentees summoning them to bo present to
morrow and on Monday Tho absentees today
wore Hnnators George Hearst Blodgott Hamp
ton Gibson Colqultc and Saulsbury Two or
throe of the number however are already in
Washington ar
Tho President in denying a petition for the
pardon of Frank Llbboy convicted in Ver
mont of making false affidavits in a pension
claim says There Is not a particle doubt
a to the convicts guilt and that ho added the
crime of penury to the no less atrocious crime
of presenting false affidavits for the purpose of
procuring a pension I cannot look with any
degroo charity upon such ellortsto desecrate
a sacred bounty of tho Government founded
In patriotic sentiments of gratitude to deserv
log soldiers and I am surprised that BO many
respectable citizens should bo found who
cItzens shoull fould are
willing our pension laws should bo violated
and prostituted without just punishment
Secretary Fairchild has completed the
preparation of his annual report to Congress
and the final pages ot I wore placed in the
printers hands today Tho report is all in
tho Secretarys own handwriting and gives Ills
views in regard to ho i surplus nnd tho tarill
question at considerable length It wi tarlT
made publlo immediately after its presentation
to Congress on Wednesday afternoon Tbo
Presidents message will be cent to Congress
on Tuesday 4 I
A decision was rendered by tho United States
Supreme Court today in the habeas corpus
case of Andrew J Sawyer Mayor of Lincoln
Neb and the members of tho City Council of
that city On Oct 81 Judge Brewer of tho
United States Circuit Court for the district of
Nebraska Issued a restraining ordor t pro
vent the Mayor and City Council of Lincoln
from declaring vacant and refilling byu Hew
appointment me omce 01 roiiuo justice or that
city held by one Parsons who upon investiga
tion had been found guilty I was alleged of
appropriating to his own use court fees which
conr
should have gone Into tho school fund The
Mayor and City Council In disregard ot the re
straining ordor removed Pnrnons and appoint
ed I successor Judge Urower thereupon fined
them tCOO for contempt and caused them to bo
arrested and thrown Into prison to ho there
hold until they should pay the fine They pe
titioned tho United States Supremo Court for
I writ of habeas corpus and that court today
granted I rule to show cause why such a writ
should not issue returnable on the 12th wrt
Oeo Cogswell the now Representative from
tho Essex Mass district was much amused
and President Cleveland very much surprised
today when he road the Now Yorkirord That
newspaper had a detailed account of how the
President and one of lrs Clevelands lady
guests promenaded In Newspaper row last
night describing even tho lighting of nclsar
and the condition of the Presidents cane The
110
fact Is that the President did not walk in News
paper row at all last night nor did he leave the
White House but Gen and Mrs Cogswell did
walk In tho row and took just the walk tho
World described The General bays that the
Worlds description of his cane und clear is
first class He was surprised at the time to
see how closely he was followed and watched
by aStrangeacting young man but now he
understands and believes more than 10W that
ho looks like the President a fact that has
frequently been noted
A conference of tho Now York Now Jersey
Pennsylvania Massachusetts nnd Connecti
cut Democrats In the House of Representatives
was held at Chamberlains tonight take
tonlht to ac
ton on tho question of Houso officers The
New York members ware nil present except
ni
Messrs llelmont lillss and Tracy who arrived
In tho city too lute to attend I hose present
besides tile New Yorkers were Messrs ticott
and Krmontrout ot Pennsylvania McAdooof
1nns1lnla
Now Jersey Collins and Russell of Massachu
setts and Vance of Connecticut Mr Goorgo
Italnos and oxltopresentatlve Groonlnur tbo
especial representatives of William G Itulnes
candidate for Clerk of the House vvoro also
present I was the sentiment of wOfe there
gentlemen that at least ono of tho ofllenis
of the House should come from u doubt
ful Stato A discussion of Mr Italrioso candi
dacy showed that his contest for tho
Clerkship would pro hopoloxM The desire
to unload Doorkeeper lionelson however
seemed to b HO widespread that In the opinion
of a majority of tho members a light against
him by the representatives from tho above
namod States would bo successful After somo
informal talk It was agreed that Mr Rallies
should withdraw from tim Clerkship contest I
nnd enter the raco for Doorkeeper backed by
tho members from tho States represented In
the conference A commlttoo wan appointed I
to make a canvass uuunong the loading members
from other Htntos and urge the importance of
recognizing the Democratic lighting ground
of the ast Another meeting will bo held at
noon tomorrow
With the coming of Senator Paddock tho
man ho defeated Van Wyek returns to Ne
braska Van Vyck has been hero two months
but has leased his house furnished to nn In
coming Congressman and returns perhaps
with tho Idea of attempting to turn thu tables
ou Paddock six years hence I Is a curious
little fact that no man in Nebraska hOI yet en
loyeii his ionntorlnl terms In succession Mr
Paddock has coma In for a second term but It
is only utter allowing his queer vvhltohiilrod
senior one chance meantime
Mr George L hives tlc new Assistant Sec
retary of State has arrived to enter upon his
duties Ho used to pay considerable attention
to dovoloplncthe athletic side of the man while
ho was a Columbia College and Ills wellknit
figure shows the result Ho used to pull a
good oar in flnlit mltlnu Varsity crew and in
goo refereed the ValoIIarvard boat race nt
Now London lio studied at Old Oxford in
England af or hocotlTisA B at Columbia
Col John B Follows District Attorney elect
of New York was a tho Whlto house today
and had n short Interview with tho President
and Col Lamont
K N Wheeler Ilaund Over for Trial
lUitTioiiD Dee 2ln tho pollco court
today Judge llonnoy found probable cause
and bound over E Wheeler of New Haven
for trial before the Superior Court on tho
charge of obtaining money under false pro
tencos from the Phomlx National Hank of this
city Bonds in UO wore given by NWelcli
of New Haven Wheelers brotherinlaw
T Onttrlo and Wulm Offlotao Broadway Mil
weittrn tlckiUat lowett ratei KecUnlaf thai carl I
free lu t cluck aio Utlloatlon by aotUyizug U
Vtw Tori Tiuufit Oennny Av b110117r u
l
MURDERERS PLOT ESCAPE
DAN DItrsCOLI AND VAN LYONS DIO
OINO OUT ox TilL loans
The Hreken Wall and tke Tool Discovered
While Drleeall was KeceUUg Beitenee
r Death Taken la Irene te the Terr Bar
f the Cart With HkerlOe Ready te
Pounce on Him If be IlrredTo be
llanccd on Turn COTke Why Leaders
Last Leek at the Outer World
All last night 0 prison keeper who had a
British bulldog revolver handy outside of his
blue coat paced Murderers Bow in the Tombs
prison before the coil where Daniel Driscoll
the oxleader of the Whyo gang lay on an
iron cot In tho morning Driscoll had been
sentenced by Recorder Smyth to b hanged on
Jan 20 for murdering Boozy errlty in a Hester
street dtvo in July 1880 Just before ho was
taken to court to b sentenced the discover
was made that he and Dan Lyons the murder
er of Athlete Quinn had planned an escape
from the Tombs and had begun digging out
Everybody in the Tombs agrees that Drlsooll
is a desperate and dangerous prisoner They
say he has sworn to kill Warden Walsh Some
months ago they took fron him a keen stiletto
which he had mae by sharpening a hat put
that he got from his wife and which they sus
pect he intended to stick Into Warden Walsh
through tho grating of his cell door A keeper
accidentally knocked the stiletto from the
ledge alongside the doorway of tho cell whore
Driscoll had placed ft Just before this tho
Warden had found concealed In the cell a lot of
twlno and a chisel and discovered that Driscoll
had partly dug through tho walls of his cell
This was before Driscolls trial and whon he
was confined fr tho second tier of the prison
After his conviction ho was taken down to Mur
derers Row on the ground Door and locked in
coll which Chastlno Cox the negro murderer
nelro murlrr
had ocuplod I was hero that he manufac
turod the stiletto After that he was not al
lowed to leave the cell at all The grated door
was kept securely bolted and guarded and
only his mother and wife wore allowed to go t
the door und converse with him IO
He didnt hoar until Thursday afterneon that
ho was to bo sentenced yesterday morning Ho
was told of I after two Sisters of Charity had
talked to him through tho cell door and urged
him to repent and prepare for death Drlscoll
was lunous yesterday ana when Deputy the
lint John Curran and Philip Walsh came to take
him down befoio tbo Recorder in the General
Hessions Court extra keepers were called Into
the corridor as a precaution I Is the custom
to search 1 convicted felon before ho is taken
to court for sentence to guard against the pos
sibility ot his concealing weapons on his per
son Driscoll was accordingly stripped com
pletely of his clothing Nothing was found In
the clothes and they wore returned to him His
arms wero heavily manacled and then he was
handcuffed to Deputy Sheriff Ciirran nnd led
out by the prison door on Franklin street
As soon prson had gone Warden Walsh and
two keepers searched bis cell Under the mat
tress of his Iron cot they found a solid rod of
Iron 29 Inches long and an inch thick and a
lagged piece of castIron plate 18 inches long
by half as much wide at the widest and half an
inch thick Driscoll had cut tho iron rod from
tho head of his bed frame and the broken Iron
plate was a piece of the casement of tho little
window of his cell The oblong frame of the
cot N I made of a bent Iron rod not upon four
low Iron Ills The frames are 0 feet long and
3 foot wide and the mattresses arc spread
upon a sheet of canvas securely lashed to tho
sides of the frame with rope Driscoll had
worked late at night cutting away the rod from
the bed with a line saw and with It had pried
away tho casement of the window and con
cealed the lagged bolo by sticking over It with
soap a big piece of white muslin that looked so
much like the whitewashed wall that it was not
detected until a close examination was made
The window of the cell is protected bye case
meat of cast lro It Js 23 feet long and Mx
Inches bight and across the Centre lengthwise
is nn Iron bar an inch thick set in the masonry
behind the iron casement With the casement
removed It would only be a matter of time and
ouportunlty to dig through Warden Walsh
stared at the damaged wall of the cell and
me imnrovisea crowoarm uianic amazement
for a minute Then he recovered his selfpos
session and ordered murderers Relcho and
Lyons out of their cols locked them
up In empty cols In another part oj
Murderor3 How and went Into Lyonss
cell I was No 3 next to murderer
Itclches which was In turn next to Driscolls
The Warden tossed the mattress aside with a
jerk Beneath It lay another Iron bar cut from
the cot a lot of broken fragments of the Iron
window casing and a rusty cotton hook The
bur across tho window had been sawn in two
by Lyons and easily came out when a keeper
pulled It toward him Lyons had out his bar
from tho curved corner of the cot so that one
end was bent something lIke the curved head
011 bnrclars jimmy and made a efficient pry
It would take a man less than two hours
work tbo Warden SIS to dig away tho mortar
from around enough stones In the cell wall re
move thorn ono after the other and pile them
upon the floor of tho cells The removal of
about I dozen stones would make a hole big
ojiough for rt man to crawl through The now
tenday prison Is built so that It fills up the
centre of tbo old prison yard and changes tho
old quadrangle Into a sort of pictureframe
shaped corridor that is only partially lighted by
the oil lanterns In the yard Once In tho yardtbe
two men wore to crack the hOld of the keeper
who guards tho yard at night Confederates
were possibly to be outside in Kim street
whore the outer prison wall Is lowest and at a
given signal from the prisoners that the coast
was clear were to throw 1 rope over to the two
men This theory of escape Is based by the
warden upon tho fact that that Is the way
Driscoll had proposed to make his escape just
before his trial day arrived escap
The severed etude of the bar of Iron from
the cots show that they were probably rut with
n lino scroll saw Warden Walsh had tbnwaste
pipes In which prisoners have heretofore con
coaled such things thoroughly searched but
could not find the saw Hn couldnt hind It In
Lyonss clothing either Tim Warden Is con
vinced that the saw and the cotton hook wero
emugclod In by ono of tbo toughs who got In to
see Lyons some time wlthlnltho last throo
weeks Nobody In the prison suspected that
Lyons contemplated an attempt at es
cape nnd he was not watched as
closely as Dri coll was When Lyons
was through with the scroll saw ho
gave It hack to the same visitor who passed it
to him the Warden thinks and tho visltorcon
trivod in somo way to slip It through the coIl
door to Driscoll A fine wire netting Is spread
over the grating of the outer cell doors but tho
prisoners asked to be allowed to cut a Ito
aperture In the netting so that they could re
ceive papers of tobacco from their visitors and
they were allowed to cut the network away ant
the upper corner of each cell door There Is
nn Inner door to each cell In the prison that Is
made of shoot Iron with n little square window
wth ltte
in the centre A prisoner has tho right
to shut this door whenever bo feels like it pro
vided ho Is not under a death lke pr
shutting the door be can prevent the keepers
from Booing what he Is doing In this way
Driscoll nnd Lyons could work at night without
nllht
wihout
much fear of detection as tho nolso of the saw
log of the Iron and the prying off of the Iron
casing could not be heard by the keepers In the
corridor unless they stood at the cell door and
listened very Intently Warden Walsh said yes
toiday that it must have talon the men n week
I
to get so far advanced In their work
The bitwed cots and tho fragments of the
casement and tbo liais were removed to
Warden vValsbn outside olllce and Danny
Lyons glowering and sullen at the discovery
of the plot was locked up In ccii 16 directly
dlrocty
opposite the ono he had intended to break out
of and Drlscoll when bo got bock was shut
up tight In cell G I Nobody in tho General Sea
Blond Court knew of these things when Dris
coil was brought In just before noon rite
prolonged close confinement In lute eoll had
worn him downlBalmost to a skeleton The
clothes that had fitted him snugly when Im was
first convicted bung loosely about him There
Is a deep near at tbo corner of his mouth nnd
his eyes had n feverish look A crowd of
toughs and curiosity seekers were jammed In
thin court room to catch all mPHoof the famous
Whyo There was a buzz of impressed excitement
exclt
ment when Driscoll was brought In through
the door of Recorder Smyths private room
manacled and handcuffed to the Sheriffs
deputy Ho was brought right up to the pile
oners bar before his chains were removed
The court offIcers and the deputy sheriffs kept
close beside him with their eyes fastened on
him as I In momentary expectation that ho
would make a dash to expetaton a guard
has not been kept upon a prluonor in years
Jlonor ears
Recorder iiyth stepped upon tbe bench anti
sat with Sheriff Grant beside him and Drlscoll
stood tho other up and uneasily eyed first ono and then
District Attorney Martlne moved that sen
babe bo passed I upon the Whyo and briefly re
viewed the upn the unsuccessful effort to
secure from the Court of Appeals I reversal of
the conviction secured last year Lawyer
comlcton
Howe DrlBcolls counsel rose at once and said
My client authorltes ma lo say that he believes taat he
had a fair and linparltol trial lie believes however
and has solemnly assured me 41 dealres me to ear to
the world I that Carrfe Wilson waa the cause of hla con
Tlctlon and that thbtoo4ot Beeiy Jerrily Is not upon
his bud lie says that McCarthy did the sheeting upa
McCarthy f the felon whom DricooU was try
lag to kill when bo shot the Gently girl Dna
Drs
coIl moved uneasily while the lawyer made this
brief speech uneaslI s month twitched when Recorder
corder Smyth tamed ala eyes full upon him
steadily for several moment ana said in a de
liberate sovera
Nelhlns remains forms t do nowbnt lo Hi and ap
point a day for oarrrlnr Into elect the Judgment I at
tofore pronounced against fOU end In pursuance of the
reqDlrementa of the statute and In pursuance ef the
paInful duty Imposed upon me I BOW fljc Friday thsSOth
ay et January next as the day upon which the jndg
tied aunt Into I heretofore effect pronounced against you shall be e
rt trust that el If yon have not already made preparation
arul aloD
yon will devote the time now given to yon for the cur
pose of preparing to meet the Judrment which me law
Imposes for the crime ot which you have been convicted
Driscoll looked up at tho lat word and
seemed about to speak Lawyer Howe caught
his arm and whispered a word of caution
against saying anything Ho dropped back
into his seat anything spoke some mo
ments to him in whispers Then he rose and
tho manacles were snapped upon his wrists
once more and he was led put to Chamber
street whore the Black Maria was in waiting
for him A crowd of toughs and ragamuffins
pressed around tt vehicle and craned their
necks to cot A last look at his pale face a ho
was hurried up the steps and locked in with
tho two deputy sheriffs The lilac Maria
rltted down Cent stet to the Tombs Mra
the prisoner stopped out
Let me take n lat look at the stet he
said to thetkoepers and while they waited ha
looked up and down Franklin street scanned
the house fronts and the pedestrians were
wer
hurrying to and fro Last of all be looked up
a the clouded sky and then turning with a sign
walked through the huge bard gate
I am taking MeC rtSy > medicIne he mut
tered OB the gate slammed behind him
Ho fully expected to he looked up again in
cell 5 tho window of which ho had been se
cretly demolishing He was nearly beside him
self with race when he learned that Warden
Walsh had discovered what he had hen Waron
What Drlsooll had wanted to say in court
ben Lawyer Howe dissuaded him was cour
Warden Walsh 10wI been trying to starve him
by giving him food that was unfit for a human
being to eat A written complaint t this
effect was received on Wednesday by Sheriff
8brt
Grant It was sent by one of Driscolls friends
On Wednesday Drlscoll had made a personal
mae
complaint to Charity Commissioner porona
when the late was visiting tho Tombs prison
and ho coupled the complaint with such abuse
of could that Commissioner Porter
lays the language shocked him
Sheriff Grant sent Under Ihorlff Sexton and
Order of Arrest Clerk Barney Marin to tho
prison to investigate the complaint about the
food Warden Walsh told them there wasnt
any anen It He said that Driscoll and
Lyons and Rolche had entered Into conspiracy
to mutiny and that ever since Tuesday morn
Ing they had refused to eat any sort of food
The Warden satd that they had the privilege of
all condomned men of eating food from the
Wardens own table Tho warden Is paid by
the city S a day per head for furnishing this
to the prisoners To prove that the food was
good and wholesome the Warden had his wife
cook I in tho presence of the deputy sheriffs
and Commissioner Porter Ho declared that
the three prisoners would return it when ho
sent I t them with a complaint that it was
rotten Sure enough In about three minutes
a keeper did bring it back saying that they
couldnt eat It Rolche weakened under the
pangs of hunger on Thursday evening and ate
ravenously But Driscoll and Lyons held out
until yesterday morning when they to b I
to succumb to the demands ot their famished
stomachs
I was this conspiracy to refuse food that
made Warden Walsh stntmcions and led to the
search of the ccla Tho men might have
starved themselves a long time without re
wlhoU r
ducing tholr size so as to facilitate their escape
In the afternoon after Driscolla rettm from
court Warden Walsh sad that he bad learned
that the attempt at escape was t have been
mae last night It I said that Lyons has
confessed on much
Warden Walsh told Police Commissioner
Porter when the latter came t investigate the
mater yesterday that he had a suspicion of
who It was that passed In the cotton hook aLd
said to Lyons but that he didnt feel justified
in asking for any arrests by the police until ho
had more positive evidence Ho declared that
he did not bellnvo that Driscolls wife
IO UiU 41V UDIinVU t M W iWt > aDVW4A 17 n lW or
mother had anything to do with the plot The
death watch will be set upon Drisooll in loss
than a fortnight and untl hat time a watch
that will b Jut as constant jtnd rigid wilt bo
maintained by the keepers It will Be kept b
with a design of preventinghi from cheating
des pfventn frm
the gallows bycommittin utclde Itwillbe >
hopeless at escape for him t make any more attempts
Driscoll called ont from cell 6 t a reporter
rrer
Hello I Youre a reporter aint you Well its
too bad this thing was discovered when Wel had
got so far
How did yon work it the reporter asked
Ah thats a leading question said Driscoll
Some other poor devil may want t get out of
here and I wont give It away
WILL ShARP 1ULL THROUGH r
His Doctor Cant Predict that be will Live
to Face s > Jar Again
One of tho few persons whom Jacob Sharp
talked with when ho was in the Sheriffs office
on Thursday was Lawyer Peter Mitchell Mr
Sharp said then that as soon as ho was strong
enough bo Intended going to his country homo
near Rome N Y Ho was questioned by Mr
Mitchell regarding the condition of his health
I am very weak he replied There Is a
fluttering In my head and a general weakness
throughout my whole system that does not
promise a return of strength I thought a
little exercise and a drive would help me but I
cannot say that it his
Mr Sharp was not Questioned about the
chances of his being arraigned again for trial
in January Mr Mitchell thought It was
wrong forCoL Fellows to say that Mr Sharps
trial would b moved ut an early date because
the prospect Is that be will not be able to go
through the worry of another trial for some
months at least
Dr Alfred L Loomis Mr Sharps physician
would not join In any such statement Mr
Sharps condition he assured the reporter last
night was much the same as It was several
months ago with that natural falling sure to
accompany incurable disease
Mr Sharp may die at any minute he said
or he may live for months No man can judge
the length of his days Will he ever be able to
stand another trial I do not oar to answer
that question He Is certainly not strong
enough nowand it would be unwise to force
any exertion upon him I do not think he
could place bo moved with safety to his country I i
The Vanderbilt Answer
The answer of the executors of William
I Vanderbilt to the suit In the Northern Cen
tral Railroad Company was filed at the United
States Circuit Court yesterday Tho
Btats Ciruit answer
admits that William H Vamlorbllt did receive
12505000 of stock of the Beech Creek Railroad
Company some of which pays dividends It
denies having made any contract with the
Northern Central road not t dispose of tbo
Block The answer avers that the executors
paid 77fi5M at Sheriffs sale for the Beroch
Creok Railway Companys stock and that
they have in conjunction with other stock
holders done much to perfect the road In
v of all this and tho fact that there aro two
stilts brought by the Hliito of Pennsylvania in
tho Supreme Court of Dauphin county to re
strain tho Pennsylvania Railroad Company
Pennljlnla lalrat
from buying the Beech Creek road which was
constructed its 1 competitive route the defend
ants pray that the suit be dismissed Tho an
swer In signed by Maria L Vanderbllt William
K Vanderbllt Frederick W Wiiam
nellus Vanderbilt and George W VanderbIlt
Dr Parker to be word
NORWICH Conn flee 2Tho Rov Dr
Joseph Parker of London is to bo sued for
breach of contract by Mr W K Logee tim
wellknown amusement manager of eastern
Connecticut for not keeping his agreement to
lecture hero tonight Major Pond claimed
10n
when hn broke the engagement that Dr Parker
was all broke up but 1 the Doctor lectured
In Brooklyn on Thursday night and Is going to
lecture In Sing Sing und Worcester next week
Mr lolo Hays be shall show the English
preacher that ho knows his business as he did
the Rev Dr T DoWItt Talmnge who broke a
date In January 1880 Dr Talmage paid Mr
Logeo O for staying in Brooklyn and spend
Inc the evening In a public library Mr Logee
has made a great splurge over Par tor through
out eastern Connecticut and has lost consid
erable money by extensive advertising and
feels bellicose
Ur Cleveland Leads Mrs Blalne
ruiLADELiHiA Doe 2ho voting for
the Mrs BlalneClovoland qui excites much
Interest among the lady frequenters of the
Baptist fair at Horticultural Hall A strong
move Is going to be made by the wives of
ardent Iemibllcana to save the country and
the iiullt by voting it to Mrs Blaine but an
equally decided number of Democratic ladies
are going to vote the Cleveland ticket Those
nl tokt
who ar uninfluenced b7 politIcs vote for 1r
Cleveland because ttey bT 19Wlt t see otr
ahead Quilt at the White house A CeTlac1
L
u h
BYRE HAS THE VOUCHER
inn am SERVICE HOARD FINDS IT
WANTS A DBTECIITK
DHXECrSyc
eesetklia Queer Abent the Appointment of
Three laipeetere e > r Mneenrj Heeerde
Tar Over te > the rellro te Eyed the
Irftw UeelBHec them Ope to Berutlny
Ever since tho lost election queer reports
have been circulating Among Democratic poli
ticians In tho First Assembly district of West
Chester county In which the Municipal Civil
Service Board of ibis city the New Aqueduct
Commission J Irving Hums the Republican
Assemblymanelect and three political work
ers of Tarrytown were mixed up In a very sur
prising manner Tho three political workers
are all Inspectors of masonry on the now aque
duct and obtained their places utter passing
the required civil service examination In this
city in the spring Despite the successful
ciy IprOJ spie te re
sult of the examination the peculiar fitness of
those men for the places to which they woro
appointed was never quite understood by their
townspeople all of them being ordinary labor
ers But although nominally Democrats they
bad worked hard in 1880 for tho election of J
Irving Burns the Republican candidate for the
I Assembly in the First Westchester district a
I against Mr Corbllss tho Democratic candi
I date and owing t their efforts I was said
I and the efforts of their friends their native
I election district of Mount Pleasant naturally
for f Democratic Burns district gave a heavy majority
I was strongly hinted at the time that the
three Burns Democrats had received their
thre ha reled ap
pointment as Inspectors of masonry on ac
count of their labors for Burns
and partly
through tho kind influences of Mr James W
Husted exerted through Mr Hamilton Fish
Jr ono of the Republican members of the
Aqueduct Commission This charge was openly
made when at the last election the two candi
dates for tho Assembly in the First Wostchos
tor district being tho same OB before the three
men again supported Mr Burns and again
turned the Mount Pleasant election district
electon 116lrlct
against him But this charge of political trick
cry soon gave way to a new one and that was
that there was something ijncer about tho
vouchers of character and ability which the
men had presented to tho Civil Service Hoard
The rules of tho Municipal Civil Service Board
direct that four persons must vouch for the
character an applicant They must bo reel
dents of New York city unless the applicant
applcant
reside elsewhere whon two of tho vouchers at
least must bo residents The rules ouclors
leat b rsidents rles say
The applicant Is cautioned that Inasmuch I the
Touchers on bis paper will be called I upon for such fie
Iy Io
tailed written t Information as to f morl Industry
character Habits Ae as they can give he should be
careful to secure those who know him well eiperlally In
Ills occupation and who will II be wUIInz to furnish such
Information In greater detail when asked as a failure to
so furnish It prompUy will be deemed a refusal and will
be necessarily a disadvantage to the applicant wl
Here is the blank form of tho certificate
which voucher No 111 required to cortfcBlo
1 l That I am more than twenty one years of age 2
that I am now a resident of In the blat of 1
SI that I am nolan Immediate relative of the applicant
4 that I hare read the whole of the foregolnx applica
lion and believe each of the a r made therein I
to b true 5 that I have personally known said appli
cant well since uil that said applicant has not to
lt l yl
my knoweledge or belief any physical or mental II weak
ness or Infirmity unless that mentioned In this applica
tion which Is a disqualification for the service sought
7J that said applicant Is to my personal knowledge a
person of rood moral character and capacity of < good
repute of temperate and Industrlotu habit and Is I fn all
respects fit for the service the applicant seeks tat 1
would not refuse to employ lh applicant In private
appleanl
bnalnest for any lack of either of the qualifications afore
le and I will on reqnes give further Information con
cerning the applicant and am willing thla certificate
should oe made public I when necessary 1 Il eerllele
The other three vouchers have to declare that
they have read certificate No 1 and endorse It
The applicant himself has to swear that tho
signatures of his vouchers are genuine and
that ho believes his vouchers are tolling tho
truth I signing their certificates toUlnl
slRlnl crlOcates
On Wednesday afternoon a SUM reporter
the fact and substance of the rumors
about these vouchers to Mr Lee ror
Secretary of the Civil Service Examining
Board and asked permission to examine the
applications of the throe Westcbester men to
obtain the names of the vouchers Mr Phillips
was at his office in tbo City Hull Ho Ihllps I
I hear this story myself some tlmo ago
and I thought that I would BOO what truth
there was in It I think I will bring wlnt matter
to tho attention of Mr Everett P mater
Chairman of our Supervisory Board Under
loard
the circumstances I dont want to give you the
names of tho vouchers lint I will see Mr
Wheeler to day and lot you know what ho says
about I
Tho reporter thought that he was entitled to
see the papers as they worn essentially of n
public character So did Mr Thomas P
WiolcesAssietnnt Counsel to thu Corporation
nor u tease snowed tne reporter section 5 of
the Consolidation act which declares that the
heads of all departments except the lthce lt
oartmrnt and the chiefs and officers of every
bureau of said department shall furnish to any
taxpayer desiring tho same a certllled copy of
any account or paper kept by such department
or offIcer upon payment In advance of five
cents for every hundred words thereof
On Thursday the reporter again called on
Mr Phillips and formally demanded a copy of
tho papers under the statute Mr Phillips mild
I am sorry that I have not yet been able to
see Mr Wheeler I hitvo boon so busy Now
I must really decline pro forma to lot you see
the papers and I will consult with Mr Wheeler
tonight
The reporter saw Mr Wheeler Thursday
evening at the latters house Fourth avenue
and Seventyfirst street Mr Wheeler said
cordially
lam glad that you have told me of this
We are undor great obligations to the news
papers for help In discovering just such mat
tons as these Wo want the fullest Investiga
tion and we shall bo glad to do anything to
help an investigation along
The reporter saw Mr Phllllpfl again yoBtcr
dar afternoon at the City Hull Mr Phillips
Bald heartily
1 saw Mr Wheeler last night shortly after
you did Upon consideration be thought best
to direct mo to lay the whole matter before In
spector Byrnes and I have just taken all the
papers In the ease to the Inspector I would
bo very glad to show tim papers to you you
know but the Inspector has them anti BO of
course I cannot snow them to you
So the records of the Civil Service Board on
this point ore now safely In tile hands of a de
partment which though not liy law consti
tuted the custodian of tho Civil HcrvIco Boards
records Is the only department which has some
authority for keeping secret any records
which It happens to have in Its custody
Inspector Byrnes admitted to a SUN reporter
yesterday afternoon that ho had the papers
but declined to speak further about them
A Homeless Family
Mrs Emma Klornan with her three chil
dren Mary 4 years old Irene 3 years and a
yearold baby woro dispossessed yesterday
morning from their apartments at 389 Tenth
avenue Agents of the Society for tho Preven
tion of Cruelty to Children took the homeless
family to Jefferson Market Court The mother
wept when she learned that she would have to
part with her children who woro cent to n
charitable Institution When her story wax re
Intel In court the court ofllcors und policemen
present made up a purse of tH > for her Tho
green goods prisoner Joe IVirrostnr alias
Joe Little when he hoard of Mrs Klurnans
trouble banded her 15 Justice Gorman per
mitted Mrs Klornan und her Infant to remain
In the jail until today
A Jersey Grocers Experience Ia Town
John Ellison a grocer of Atlantic High
lands was singing and shouting at Sixth ave
nue and Twentieth street on Thursday night
when Policeman Shields arrested him A re
volver was found in hIs pocket At Jefferson
Market Police Court yesterday the grocer was
lined 5 for his hilarity and hld In 100 ball
for carrying a concealed weapon lie told
Justice Gorman that he came to this cltv In
buy stock got drunk and was robbed of HO
and his gold watch and chain Thu line was
then remitted and the papers relating to tbo
more serious charge wore sent to the District
Attorney
Barnes la Oelec te Ban a President Anyhew
Secretary Gaybert Barnes of the Land mid
Labor Club has sent out an address to the
voters of the George and similar parties all
over the country raying that a national conven
tion will probably bo bold next year to nomi
nate u candidate for President of the United
States The address advises the nomination
of local candidates by the party in ovary town
and village where any organization exists
Children Cry far Pitcher1 Ciuterlit
J perfect prtparatlan for children cope At
Pout nfhr from asersigt whit you iniiit Ullt
ivualito for H elate a uTtU jUa rOI Ir 11
l
>
± 1 > r
MOST OUTS A BUTTER CELL
He AVrlles nn Address to the PabllePre
enntlone Axnlaet Djrnsimtle
Anarch John Most ww happier yesterday
than ho hon boon since ho was locked np In the
Tombs and slept last night without any fear
of the rats that ho Bald bothered him on Wed
nesday night by sitting up on his bed and
snoozing Warden Walsh couldnt verify the
rat story himself but ho gave orders for Mostu
transfer to another cell and ho was moved
further down on the fourth tier of the prison
to a warmer and more comfortable cell Ho
told visitors that he was better satisfied and
busied himself writing for Fretted during the
afternoon
Anarchists will have considerable trouble in
seeing Most hereafter All visitors who are
not personally known to the Warden have to
submit to a search for concealed bombs and
other dangerous articles The Warden is de
termined that no dynamite or other explosive
shall got inside the prison if he can help It He
doesnt think any attempt will bo made to
smuggle explosives in but wants to be on the
sale side
Most occupied part of his leisure preparing
an address to tho public in which amongothor
things he says
From the moment that the outrageous class
verdict over the eight Anarchists at Chicago
was announced a great part of tile capitalistic
press has urged and demanded that I should
bo made the ninth victim because I was the
chief of the Anarchists This allegation Is ut
terly absurd nstho Anarchists Ignore each and
all authority Our principle Is on the contrary
that every one Is Independent and acts upon
his own responsibility
OMANS INUV3IANITT IO WOMAN
Another White Slave ef Oolhsim Deprived
of Work fa Telllnc what the was Paid
Chrlstlnj Uertltck of 330 West Fortyninth
street who has to support a paralyzed hue
bard has been deprived of work for tolling
las SUN the wages she was paid She worked
for Mrs Ohio of Fortysixth street and Ninth
avenue making passementerie trimming She
told a SUN reporter that she was paid twelve
cents for making a yard of a cheap braid pat
tern and was unable to earn over forty or fifty
cents a day The reporter found the same
pattern on sale at 150 a yard in Mrs Ohios
store The publication qf these facts seems to
Ilavo hail an unpleasant effect upon Mrs Ohio
for tbo next time Mrs Berdlck went thero for
work she won startled at being roundly de
nounced and told that she could have no more
work I dont see what harm there was in tolling
the truth she Bald
There was BO much harm that you 11 never
do any more work for me Mrs OhIo retorted
Afterward whon Mrs Berdlck wanted as an
ordinary customer to buy some patterns for
the work BO that shim could make it herself anti
perhaps Hall it ut the stores Mrs Ohio refused
to Bell her any
Mrs Ilerdlck was once a prosperous womens
hair dresser on Sixth avenue but through the
illness her husband and other misfortunes
she has become BO reduced that only the pit
tance she earned at sewing kept bor from need
ing charity
aooDBY man BABOSIETEB
The Tall Visitor baa Strde Off to Sea with
a Warm Ware Alter lllm
One of the most interesting meteorological
events of the year has boon the passage across
the country during the week of a wove of ex
cessively high barometer Observations
showed that the pressure was highest along
tile 49th parallel or near the northern bound
ary of tho United States The high pressure
of over 31 inches was coincident with the cold
wave that froze up things left out of doors the
highest pressure occurring when the lowest
temperature wan observed No such pressure
hits been recorded In many years
Following the cold wave anti high pressure
was as usual an era ot lotf pressure and higher
temperature The warm wave began coming
over the Iludson with the early ferryboats yes
terday morning and kopt growing In strength
all day Shortly before daylight the thermom
eter In the signal service department Indl
catod temperature of 200 but by 7 It was up
to 25 nnd nt 10 last night it was upto 37 °
Tho moisture In the air accumulated as the
temperature rose and gave It that feeling
which made men carry umbrellas when they
wetit out There was n flurry of snow In the
air from 12i to 120 but the amount that foil
was so small that the signal service man could
not measure It Another flurry lusting fifteen
minutes occurred after 3 oclock It seemed
to be a sort of a mist to most people who were
out in it
According to prophecy the warm wave will
reach Its height today and then break and
subside with rain hero and snow up the river
An Anarchist on B Kampaae
Policeman Fagan of the Twentieth street
station arraigned before Justice Gorman Fred
erick Lamann 45 years old of 228 West Eigh
teenth stroot who says he Is an Anarchist and
a foe of the militia and the police He was
charged In Jofforaon Market Court esterday
with Intoxication On Thursday night he
thrown lighted lamp nt Fiodorick Onbhardt
who lives In the same house and whoso broth
ers aro members of the militia Lainunn stag
gored Into the house on Thursday night and
meeting young Uobbnrdt assaulted him The
boy hit linn on the bridge of tile none knocking
him down Lnmann went to his room and got
a lighted lamp which ho threw at Oebhnrdt
mlssiiik him narrowly und setting fire to the
door frame Two policemen took the wild An
archist In and at Jefferson Market Court yes
terday ho was lined 10
The lllnmend Fence Held
William Nelson tbo liquor dealer of SCO
Seventh avenue and John Leonard a clerk at
68 West Thirtyfirst street the alleged fences
of tIm Morgan diamonds stolen by the negro
William II Dorfoy now In State prison were
hold In JJOOO hall each at Jefferson Market
Court yesterday for examination Thomas
Tucker the colored boy who sold the jewels to
the two men for Horsey gave the Information
on which they were hold
A Tonne Flower Peddler Finds a Friend
John Defrnn a 14yearold flower poddlen
was arrested In West Twentythird street yes
terday by an agent of Mr Gerrys society and
taken to the Jefferson Market Court Mrs
George lialnea of 217 West Fiftythird street
witnessed the arrest and following the boy to
the court iibked leave to Hike charge of him
and paid she would product him when wanted
In court today Justice Gorman placed the
boy In her custody
A Walking llelrnute Meet Up For Stealing
William F ilopp a walking delegate for
the German Primers Union got a six months
sentence from Justice Smith In Special Sos
dolts yesterday Ho was charged with misap
propriating 25 which bad been collected to
p13 Lawyor Edward O rosso for legal ronlcos
yiy
Julius Worth Prucldent of the Interested
union WitS tile complainant
A Student Assault ill flexing Master
Edward Bacon 21 years old a student
living at 31 Gramorcy Park was held In tSOO
hall vestorilny by Justice Gorman for assault
lug 1 rot John Long tim Fifth avenue boxing
master lincon paid for twelve lessons nnd
vvnntod tn transfer six of tbe lessons to his
brother Ptof Long objected to this und Bacon
struck him in the face with u cane
JOTTIXdS A1IOUT TOIrV
The American Institute Fair will close to night
Judge Donohue hat granted an absolute divorce to
Robert Hall from Agne H Hall
Iollertor Mnrone reslerday gave Pemocrat Frank
UUnsun of Columbia county tf V a lojuclsrkshln
The doctors think now that Major James Hapitertr wilt
be ble lihln fort elxbt hours tu retain food and has
a ctuuce of recovery
To nights lecture In the Cooper Union free course will
he imen by J A 1nce on Norway acid the Lapps
with sierropilcon Illustrations
Iteal estate amounting In value to HI811ITS and
stocks LCd bonds and srcurfilrs lo the amount of titoti
W have liren sold at Ihe Real heist Kicbsrje during
the ia < t year
Wilbur II ORourke who list been appointed Assistant
Inspector of Steam Kohers or this district took the oath
nf thc before United Mates Commissioner Shields see
terJiy Mr OKnurko li I a fammanr Democrat
Frederick Norley and James McNallr two of the seven
men arrested hy Inspector Hi rnes on Thursday for deal
Inir In green nuolt were Ulichurned In Jefferson Mar
tel Court yesterday The others wore reminded
Mrs Itliloe who was arrested nn Thursday charted
llli setting lire lo the tenement si HJ3 bait inoth street
from which she hat been illipoesessed was discharged
In the Harlem Police Court yesterday U appearing that
the lire was of accidental orIgin
Color Judge Dalr In the Court of Common Pleas to
day lsplnasae and Friedman recovered a verdict for
tutA aialnsl Mlii flUa Io rahama relative of Judge
Inf rshim This sum was claimed by the plaintiffs as
commission for the sale of property at l0tn street and
Harlem Slyer to the ManUtttauilUUxoad Company tot
i
WEIDLEll FOUND GUILTY
A TERDICI OF MAXSIAVatlTER Df IBS
FIE8TDRGJUIZf
An ImMiMloned Apprnl In the Prisoner
neteaee Wife end Children not Al
lowed to Group Themselves Around nim
George H Wntdlor who shot and killed Dr
Edward H Duggan In Taylor street Wllllama
burgh showed more anxiety yesterday morn
Ing whoa his trial for murder In the first de
gree was resumed In the Court of Sessions
Brooklyn than ho had shown on the three pre
ceding days of the trial The color had desert
ed his boyish features and there was n restless
look In his clear brown eyes The near ap
proach ot the close of tho trial bad evidently
made him nervous When ho had taken his
seat in front ot tho bar and his wife and two
little children came forward ho was so much
agitated that ho could hardly speak to them
It was Mrs Weldlers Intention to sit with her
children beside her husband until the jury had
decided his fate but Judge Moore would not i
permit the arrangement ot such a dramatlo
tableau and so alter kissing her husband with
much warmth she loft the court room with the
children She returned later however and
remained to the close with Mrs Vandorpoelt
the prisoners mother and several other rela
tives on a row ot seats outof the jurys sight
Gen Isaac 8 Cntlln spoke five hours and a
half for the defence Ills language was so 1m
pasHlonod that nt times the prisoner and his
relatives were in team and it was oven wltn
difficulty that some of the jurors restrained
themselves from exhibiting emotion In A simi a
lar way Ho doscrl > od oldler ns a goodS
hearted generous fellow an upright husband
and an affectionate father
This mans wifeho said did n notable
thing when she exposed the man whose pro
fession gave him opportunities to ruin other
wives 1 say It before God and man that this
gentleman was justified in every moral sense
In striking down the man who assaulted lilt
wile as ho would a mad dog that had attacked
his child I am not defending a murderer A
man who would not have done what this man
did would have boon less than n man lie
would have boon the more effigy of man if
when ho heard ot such an outrage bo had not
lost the control nt himself at the sight of the
wretch who had profaned ills homo and at
tempted to assault hit wife A noted clergy
man raid on hearing of this case If I wore in >
thin pulpit preaching the gospel of God and S
notice should come to mo that my wife had L
boon insulted as this wife was by Dr Duggan
I would go down out of tho pulpit out ot the P
church nud Into the street and I would search
the world over for the wretch and brain him on
right And tbo gentleman who hoard him said
Amen
Gen Caltln referred to the Sickles and other
famous cases whore homicides were committed
In revenge for the seduction of wives and in
which the juries Invariably acquitted When
declaring that hula client would prefer death to
Imprisonment for life the lawyer stepped to
Woldlors side and dramatically Illustrated the
work of the hangman
Mr Rldgway occupied only an hour in sum
ming up but no one over board him make a
more eloquent or forcible address since be be
came District Attorney lie contended that a
complete euro of murder In the first degree f
had been made out and spoke of the defence
ns manufactured It was a most remarkable
fact ho said that this alleged Insane man tel
lowed his victim so persistently for more than
haIfa milelay In wait himand lired his pistol
with such unerring aim that each bullet took
effect The jury could not believe that there
was a single word ot truth in the story of the
wife It wits beyond credibility when nil the
facts wore considered She was however to
be excused us she was doing what she believed
to be her duty toward her husband The de
fence was wholly manufactured No such oc
currence OH bad boon described ever took place
between this woman and Dr Duggan It was
n mere concoction use real motive was tbe dis
closure which Dr Duggan made to Mrs Weld
her about her illness 1
Aa Mr Rldirway was closing his address
Mrs Vunderpoel tho mother of the prisoner
screamed and oecame so hysterical that she
had to be carried from the court room
Judge Moore In his charge told the jurors
that Welrtler could bo convicted of murder la
the first decree murder in tho second degree
or manslaughter In the first decree He said
in considering the evidence it was very impor
tant to remember the lying In wait and the
persistency anti regularity with which the
nliots were fired Ho declared that the killing
of Dr Duggan under the law of the State was
not justlllable Even If Dr Duggan was guilty
of the offence charged against him Weldler
bad no legal right to revenge himself In the
manner ho did rIte question whether Void
her would have been juatilled in killing Dr
Duggan if ho had gone homo and found him in
the commission of tho act charged did not
arise In this case Ho Instructed tbo jury that
satisfactorily was as good ns any that could be
Interposed In n criminal offence und that If the
jury bolloMtd that Woldlor was Insane when he
killed Dr Duncan bo should bo acquitted Tho
presumption In law was that cvory man was
sano nnd on the defence rested the burden of
proof to the contrary In closing ho said
Gentlemen bravo and strong enough to
do whatever you conscientiously and under tho
solemnity of your oaths consider your duty
to bo
The charge occupied just ono hour At 620 I
oVlock the jury retired to consider their yen
diet Weldler who hud sat like a piece of
marble during the Judges charge seemed
greatly relieved when the end came and re
tired to the pen whore ho wag Boon joined by
his wife children and other relatives
Weldlor was put In a cell In tile basement of
the Court House soon after the jury retired
His wife and relatives remained by him In the
cci rldor and tho Judges stayed within call A
crowd of people waited anxiously In the court
room for the verdIct Until 9 oclock there was
no ballot talon Every one know that the jury
were intttg
After that the minutes passed slowly and It 1
was i oclock when tho jury came In They
found the prisoner guIlty manslaughter In
this first degree It Is saul to have been a com
promise verdict The PenaltY under the ver
dict in Imprisonment for from live to twenty
years Ho will bo sentenced next week
Goln to Bee the KllriilDNrallh right
James Wnkely George EiiRcraan Phil
Hollly Harry Williams and seine others will
sail on tim Sarvla thin morning to witness the
KllrnlnHmltli fight which Is expected to come
off on Jan 3
The Weather Yesterday
Indicated hy Iliidnuts thermometer It A
M Jl II A U 241UA it I T ° l II HM l SUf
u Ml ° i i u i > r I Cl i M ° itt milnuhu 3s
Avarice 2111 Average on Dec 216HG H > J °
Tbe Slrnnl Omen Prediction
Threatening weather with rain warmer
fresh in brunt outhHeiierly wind dlmlalstilof In fore
and shIfting tu couler eatterly
HIAUKS FROM Ilia 2RLWRAZU
scant Vartoi line been reflected President ot the
Spanlth Chamber Dcputlia
Irlnce niirnarck luteniti to rrslrn In January the port
of Landrath ot autfril which lie has hed ilnc < 1841
The Austrian bark Edilcp Tnpt Nlmmooleh at
Huenoi Ajrea from P4ew York ii been burned She
bad but little Inward cargo on board
Daniel Leary Democratic Inipfctor of elections in Al
tny Wa am il > d rrilnrday ilmrotl with ixrjurj sod
treed In the heuatorlal cuuliit ut the recent election
Tbe flrit train thrnuiili from Ilattitiurah via Ieon
Iakt arrived at fiaraimo Lake at noon on VVedneaday
Regular trains are eipccied tobevtnruunlnifonMonday
Ienniylranla Oxley s ho pleaded uullty In 1hlladil
phla to maiuiauirhter for the killing of ieter J K Kane a
saloon keener in iJectml IKHJI was yesterday sin
tcnced to eight yean In the Haticrii Ieallontlary
Jules larker of Albany ho granted an order cacti
lair and letting coil < the order rrantlnif leave to the
Attorney ieurral to h beirin action In the Supreme Court
ayalntl tie Uruadwuy Kallroad Company of llriwkljn
A bill wai Introduce I In the South Carolina Ltrlila
ture yesterday id refund the deficiency bonds maturing
In July IMW The wIle issue l UHuoino lit l Ii per rent
The plan Is to fund this Issue In thlrtyyearbuadsatc
per lent
Kuperlntendrnt of Iubllo Kulldlnrs Andrews will any
Jest that the Mute liars an appropriate bronze tlblet fa I
a niche where the holy ot Jen U H Uranc aid to stall
In the capltnl In All any The suirvesilon will be made
to the next Legislature
The residence of Mrs Alex McHrlde In Schenectady
was set on lire Thursday evening and during the excite
ment some one entered the house and stole tu boo from
a bureau drawer also valuable diamonds and iwo
watches The lire was soon eourn under control
The statement that the fishery business was operated
larnelr In MaMUChuirtts by foreigners is shown to be i
wrong by the statistics hat will soon appear In the
census of lrS a hlclt show that of the IDIJ persona
employed In Ibis Industry In the slate PJ4t were
Americans
About eighteen months ago the Tease Histe Treasury
was so depleted that the payment nf school warrant
was trmiuirarlly suipcn Ird Tie cash balance In the
treasury on the fst lint us shown by lie otllcul report
yesterday wafl linau of which fWUJU be longs to
the school fund
At tint Worth Texas a lire yesterday destroyed two
ticks of buildings The charred remains of a human
form were found at lbs place where a buardlnt house
had stood Kecignltlon was Impossible A middle aged
man partially under the Influence of liquor had a room
at the boarding house ho one knew where he came
from Theodore and Ueorge Cornwall were frlghtfulls
burosd by powder eiploilsn The lotlossuii wJi
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