OCR Interpretation

The sun. [volume] (New York [N.Y.]) 1833-1916, August 06, 1892, Image 1

Image and text provided by The New York Public Library, Astor, Lenox and Tilden Foundation

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83030272/1892-08-06/ed-1/seq-1/

What is OCR?

Thumbnail for

fc it'Vso." tei f lV ;ggg55cpp CJ swwv w it's so,"
I.,. j i .
-jrrDon nmtfinr nnciniut that Titr.
Vila Opinion Ilnecd Mainly Upon the Oronnil
or tha Ineqnulltlr or Population In the
Mintti and Aeeemlily lllitrlete-The
Court Overrules the Objections that the
. Cenina Wan Taken In 1"3 Inetcnd or
SIMS, nnd tlmt the Act ( ould Not ho
I-asaed nt an Eilru. Scealnn The Cine
to lie Taken to the t ourt or Appenle.
' BocnKSTEn. Aug. 5.-Justlco William Rum-
eyof IheBuprome Court to-day rondorod his
"decision In the ensu of llio iiooplo. ox rol.
CharlesF. Pond, ngalnsttlio Bovidof Supor-
'srlsors of Monroo county. Involving tlio
constitutionality of tlio net of tlio Inst
t Legislature making n reapportionment of
tho Sonato and Assembly districts of tlio
. Btato. Mho Court holds that tho law Is
J, , unconstitutional, nnd for Hint reason docllnos
' to Issue a writ of mandamus requiring tlio
Hoard of Supervisors to reapportion tho As-
' 'nembly districts of Monroo county as declared
by tin act. alio following Is nn extract from
' Judas Rumso)'s doclslon:
"On tho lyth of April. 1802. at nn extrnor-
dlnary Bosslon of the legislature called for
I the purposo. nn net was passod to reorganlzo
' tho Senate nnd As3ombly districts nnd to ap-
portion the members of Assembly. Ily
that act thero wero allow od to tho
(county of Monroe threo mombors of
Assembly. Tho net roqulrod that tho
Boards of 8uporvlsors of counties which wero
Lntltl8cl to moro than ono member should
I. meet on tho third dny of July and ilh Ido their
I respective counties Into so many Assombly
districts as thoy wero entitled to. Tho Supor
C visors of Monroo county met on that day.
' but rofusod to procood under tho not, nl-
Ieglng as a reason that It was not
.constitutional. Thoroupon tho relator moves
, flora writ of mandnmus to compel them toact
. It appears that tho rolator is n cltizon of Bocb-
; aster, Monroe county, and nn elector thereof,
i and It further appears that the city of Roch-
t ester, with n citizen population of l'J0.355
, eonstltutes ono Assombly district, nnd that tho
f remainder of tho county, with a population of
151.875. Is divided Into two districts, thus
IT giving 25.937 poople In tho towns tho snmo
? representation In tho Assombly as Isglvonto
tthe population of this city. In this way the
('poople of tho city of Rochoster, Including
I the relator, aro doprlved of their nropor ropro-
. t eentatlon In the Assembly by the refusal of
jtthe Bupervlsors to aot aithe bill directs. It
A I any act of the Legislature vlolatos theConstl-
"J .tutlon it is a nullity, as It It had never been.
ITHo rights can be acquired by it and no duty
sr "Boards of Supervisors are quite as much
j.oundto regard tho Constitution ns aro any
other officials, and If a law, so called, socks to
"compel them to do some not which tho
'Constitution does not authorize. It Is their
duty, like any other person, to obey tho funda
V mental law and pay no attention to the decree
j, Which violates It In the first place. It Is settled
. that there can be no presumption that tho
legislature had any but public- nnd proper
.motives In view In the passage of any
j met In the second place, no act of tho
5 Legislature can be adjudged unconstitu
tional unless It Is olthor expressly or
tbynocessnry Implication In conflict with tho
I tundamental law. But while theso rules are
Ijrell settled and always to be followed, be
cause theyonly Are consistent with therespoct
Serbian the courts must show to a coOrdlnato
(power of the btato, still it is also settlod as
rtrtted by Judgo Allen, that tho act violating
1 the true Intent and meaning of 'ho instru-
pent. Is an invasion of its term as properly
Interpreted and understood, nnd mistim
ing Its general and cleat ly expressed and
Implied purposo, is as clearly void as it is in
SxproBB terms forbidden (Fooplo ex ml.
olton act. Andorson. 55 N. 50. 555).
The composition of tlio Legislature and
boundaries of several districts are estab
lished In tho llrst Instance by the
people in their Constitution, when so
established they must continue ns made un
less thn people fall tochongo thorn, or unless
thoy nuthorhto some one else to do it The
Boworthen Inn Ing its origin in theConstitutlon,
Is llmltod by tliut Instrument and must be oxer
clsod In the mnnnor therein proscribed. Tho
general rule is that to duo execution of a
power th ore mutt bo a substantial compllunce
t i with ovory eondltlon required to precede or
accompany its oxorclse.
- "1 am llrmly rorsuadod that tho principle
'Which allows any provisions or limitations of
tho constitution to bo construod ns
directory and not as mandatory. Is per-
' plclous and dangerous, and such con
struction is not in accordanco wlth tho
limit of authority, in this Btato nt least
, It Is by virtue of tlie constitutional provision
that the Apportionment act was passod. nnd
the objections to It, based upon theso sections,
" 1. Thnt the enumeration upon which It
Was bacod wusiuadulu lb: U, und not ten sears
After 1855.
" i. That the et raordlnary session at which
the actwah pnssort was not tho besMon aftor
. the return of the enumeration within tho
constltutlontil pioislon.
I "3. That thn npportlonmont Is unconstitu
tional, because In estimating thn number of
Inhabitants in the new Bonuto districts per
sons of color not taxed wero Included.
"4. That both tho henato and Assembly ap
portionments are unconstitutional because
the Senate districts aro grutudy unequal In
pumbor of Inhabitants, nnd tho members of
Assembly aro not apportioned among tlio
counties ns nearly ns may be aceonling to the
number of eltiron inhabitants, hut that com-
mand of thn Constitution Is Ignored.
"lamnulto clpar that the census for tho
?iurposp of npportlonmont cannot be takonun
II tho time provided In tho Constitution has
urrhed. Miother. if npt then takon, it mar bo
taken at tho carlloet possiblo moment nfter
irard, and a valid apportionment m ly bo based
upon a census then made, might he doubtfjtl
lflcwns an original question, llut I am of
opinion that tli.it quostlon. as well as tho
Question whothor apportionment maybe mads
at an extraordinary sogfllon of the Legislature,
has been decided practically by cnurtH of high
authority, und therefore I shall not consider
thorn. It is clear thnt tlio constitutional cen
sus, as It may be called, furnishes thn only in
formation for tho Legislature tousolnieor
Ctnlrtng tho Hvnule and Assombly districts.
"The law directing tho census upon which
the apportionment as bsed makes no pro
vision for ascertaining the number of jlorsous
of color not taxed, and theie is not contained
. In tho return to tho Legislature any informa
tion on that subject. '1 hat there aro a largo
number of such persons who are ciiizeiiR ap
pears by the papers, ami If It did not so ap
pear 1 nao ninloubt that the coutt would be
obliged to tnku judicial notii e of so notorious
a fact with regnul to thn population ol tho
Btato. Tim number of mch iornon was not
deducted fioiu oilier rlilunH in rcormiuli'lng
v tho henatodli-trlctf. It is rlc.u Unit llio (in
stitution requires th.it tlie Mini! bo excluded.
It is claimed by eounsi'l for tho relator
that this exclusion of i ei sons of coloi is a vio
lation of tho Fourteenth and i'iltcenth amend
ments of tho 1 odcral I'oiihtltutlnn As to tho
Fifteenth amendment, It is sufllclent to Kiy
that It protects alone tho t lu lit to ote, which
Is not affected by tho pioilslnn of the sinto
Oonstltutioii now In ii'iei- Ion. The 1 our
teenth amendment iirohlhits an abridgment
by any bt.tte of Hie jirhllcges or immuni
ties of cltl7oni of the I'nlted Ha'e. 'Ihe
firlvllegos thus protected mo priillegns of
he citizens of the I n ted Hates at such, and
not those wlileh nttu'htu tho cltloiii of any
particular Htate. ni htate may rcgulatothe
political rights of It own eitlons, except ns
i prohtbltod b tho amendment, hut It cannot
Beprlvo tho citUunsiil oth-i .dates to become
I Its citizens, from sharlngtheli iightshi(ditli
I Ilkeclassof clheiiHoujo) unleritHgr.eniiiient
f The direction of onrl nnstltutlon, then, is not
i prohibited by the national fundament il Iiiui-.
It Is proclso, eleir. and pnaitlM'. It I.'.uch
nothing to the i m re'lon of the I cgndalure
It Is quite clear tint il was Ign K'd by t lit
Legislature In ini-sln,' thn euuimiiuthm law
ana thnnppnrlloiiinunl la'V based uiilhuu il
eus taken under it
"The next obiecllon takon to the act Is tlmt
it violates that in nn lion of the I'nnntliutum
thattlie rienuti'ill.tuctM hallcont il'i.ns mii
y as may be, an equal number of inhahltauts,
f.nd that the Asseinblinien shall be iiiq.iir
loned among (he hu,eiul counties, as nearly
as may be. according to tho number ot their
Xespectlvo luhabltants.
'TheConstitutlon prohibits the division of
o county In the formation of a heuate district,
l unless such countyslmll be equitably entltM
" . to two or moro Bouotorc, and requires that
each county, howeor small Us population,
shall have at least one member of Assembly,
1'ulton and Hamilton bolng rnted as ono coun
ty for that purpose."
.ludge ltumsey horo follows with astatoment
of the arlotis Inequalities of tho Honnto din
tricts of tho htate. and passing to the Assem
bly, sns;
"In thonppoillonment of Assomblymen wo
srothat Albany, with 1.50.74a people, has four
momtiure. whllo Monroe, with l81.'j:ui. has
three, which Is tho samo number given to
Keni-selaer, with l'Jl.d'ju, snd to Uuccns, with
12i(l74. Uutchoss. wlth75,07H has two mem
bers, while Kt. I awrence. with 80.1178, and
Chautauqua, with 7s.8S4. have each hut ono.
" It needs no argument to show that tho Con
stitution mentis wlutltsnys when Itrtqnlrea
thut each dUlrtct shall contain as nearly ns
may lionn equal nunitier of Inhabitants, nnd
that tlio menibors of tho Assemldy shall bo
apportioned among the counties, ns nenrly us
may be. according to tho niiuiboi of liiliut.lt
nnts. It Is the intention of thn people that
oaoh person shall have as nearly ns possiblo
tho came Inlliieuco In Oovernrnqnt ns any
other person, so that the representation of
tho Constitution shall bo of all tho cltUons
1 shall take no time to establish what
must ho concede 1. that tho People intended
thnt rcprosontathui in Sennto and Assembly
shall be as nearly equal as possible, llut it
Is said that this matter Is tuft to tho dis
cretion of tho Legislature, nnd that dis
cretion cannot ho re lowed by the court".
That srme discretion In that tegard is ,ostod
in the Legislature cannot bodenlcd, as It must
hne been left In the nnturo of things. Hut It
Is just as clear that tho discretion Is not abso
lute, l ecaiiBolt Is oxpretsly dlieeted thattho
apportionment should lju uoual. 'as near as
may be.'
"As Is said by JudgoHheploydB Malno. 4721:
"Thoory Ianguaun limits, or more properly
prohibits, any biicIi discretion by declaring
Hint the conformity shall be. 'as near as may
bo' that Is, as near as It may be practicable to
make them, having regard to tlio numborof
Inhabitants." ....
"There Isn wide distinction between such a
llmltod dlseiotion nnd the absolute powor In
tho Legislature to do as It pleasoB. It must
bo remombered that tho making of nn appor
tionment Is not. like the passage of a law., a
matter which is to bo dono or not as the Legis
lature seos lit. It is an absolute duty imposod
by tho poople. without a sanction, it is true,
but none the los n duty.
"The power to npportlon Is limited by the
conditions of the grant, and those oondltlons
inhere In It, When the Legislature disre
gards them It goes beyond its constitutional
power. If the constitutional limit is over
stepped, nnd tlio Legislature ennctB thatwhlch
the people have forbidden. Isee noreasonwhy
the courts should not take their stand at that
point nnd assert the supromacyot the funda
mental law. . ,
"Tho conclusion that I have reached, tha
tho action of the Legislature In apportioning
tho honnto districts and Assemblymen Is sub
ject to rovlow by tho courts, lssustilnod by
many adjuced cases of high authority. There
oan bo no doubt that tho apportionment of
several Henato districts is so manifestly nnd
flagrantly unequal as to amount to a clear vio
lation of the Constitutional requirement, as Is
also tho undoubted disparity between tho
number of Inhabitants In the country, ns dis
tinguished from the city districts. It is clear,
too, that the Constitution was grossly disre
garded by giving to Albany country one more
member of Assombly thnn is nlloted to
Monroe, with over 24.000 moro inhab
itants, ns well ns by allowing to Dutch
ess county with 75.078 poople. two
members, nnd to St Lawrence with 80,
070, only one. These nro violations which are
clearly unnecessary, and because of thorn tiie
act Is void. The provisions of an act of this
kind are so largely dependent upon each othor
thnt It part of them violate the constitution
thn whole net must beldoclared void, l'or
these reasons the motion for a mandamus is
denied, with costs."
co.v.sj-:orr".Cirs or ini: nr.asiox.
Scraocrntlc Opinion ttrems to lit That ThU
ITcar'e Election In Not InoltrU,
Jndco Rumsoy's decision was received with
varied commonts by tho Democrats who as
sembled at tho Hoffman IIouso last night to
attend tho meeting of the Dcmocrntio Stato
Committee. Comptroller Frank Campbell.
who. although a Democrat Is tho personal
friend of Judge Itumsoy, was In tho throng,
and besldo him wero Llout-Qov. Shcehan.
District Attorney James W. Ridgway of Brook
lyn, and Senator Charles I. McClelland of
Westchester. All were hearty partisans in In
sisting upon the passngo of tho apportionment
act at Albany. Comptroller Campbell did not
wish to expross his opinion nt tho moment on
Judgo Rumsoy's decision. Mr. Hidgway said:
" Tho application mado to Judgo ltumsey to
defeat the purposes of the now apportionment
act was mado by a Republican, ho 1b a Repub
lican Judge, and his decision in tho case is
from a puroly Republican standpoint No
doubt thero will be nn appeal to General
Term and from thero tho case, if necessary,
will be takon to tlio Court of Appeals. If tho
caso ever reaches that court, it will bo settled
quickly and in favor of tho law us at present
Lieut. -Gov. Rheohan Bald:
"A Republican city attorney of Rochester.
Mr. Klehel. made the application to restrain
the Republican Board of hupervleors from car
rying out the provlsionsof the law. What wilt
tho Democratsdo? Nothing, positively noth
ing. Monroe counts will simply bo forced to
f;et along without a reprosentntion in tho Leg
slntuieand elsewhere until tho law Is com
piled with."
tionator MrClelland, who had charge of the
Apportionment bill in the henato, sain:
"I hnvn not seen tho full text of Judge Rum
hoy's decision, and of course do not know on
what particular grounds tho judgment Is
basod If thero is an uppeal taken from tho
Judgo's doclslon, the law will stand until
finally passed upon by tho court of last resort
I assumo thorn will be an appeal, for the reason
that when the Ropublican combination mado
its case to present to Judgo ltumsey, each feldn
published Its determination to nppoil In tho
event of an ndverse doclslon Should counsel
agree, thero will bo little difficulty in getting
the question before thoCourt of Appeals In the
month of October, buttho decision cannot he
rendered In tlmo for the issuing of tho fall
election pioclnraations. I believe tho mom
bors of the next Assembly will be elocted
under tho act of ISii'Jns it nowstands. I can
not now say what the Democrats will do.
If this Sfonroe Republican combination had
desired to try the constitutional question
squarelyon Its mollis thev would have invited
tho Attornoy-Oeneral to look after the inter
ests of the htate in the preparation of the case,
instead of inviting him after tlio papers wero
all prepared and ready for submission. I
think it may safely bo assorted that there will
not bo another extra session of thn Legisla
ture this jear. in fact, the Republican con
tention Is that tho Legislature has no power to
reapportion at an extra session.
"1 notice thattho despatch says that one of
the chief points on which Judgo ltumsey based
his decision Is thattho basis of apportionment
Includes persons nf color not taxed. I can
hardly believo that. I introduced the Fnu
meratlon bill and looked Into tho question
with able lawjers.am! thero can bo no doubt
that tho provision of our State Constitution
which roqulrod persons of color not taxed to
boexelndid Is obsolete. That provision was
originally embodied In our Constitution to
conform to the Federal Constitution. I)y the
Fourteenth and I'lfti onth amendments to tlio
United Btatos Constitution porsons of color
worn put on equal footing with whites, nnd,
therefore, tho provision of our Htnto Consti
tution which was contrary thereto became In
rqioratlve. You cm put mo down us saying
that 1 boliovo tho law will stand."
aor. rr.om:it a or svnrnisxj).
He Ii 'I here ! JMnthlne for II I m to Jto
Until Ihe IlrrUInn In Affirmed,
Ai.rxAMUiiA. N.V., Aug. 5. Gov. R, T.riowor
and wlfo arrived hero from Waterlown this af
ternoon, nnd will remain until Tuonlay. The
Governor was smoking a cigar and chatting
with a arty of friends on the veranda of tho
Crossnuin house this ovonlng when Tiik Bun
representative gave lilro tho news of Judge
Rumsey'a diclslonon the Apportionment act
The Governor manifested no surprise, but
rather appeared an tlinugn ho had expucted
such a decision. The Governor said:
" You ran tell Thk hi'N that I have no opin
ion to express on tho decision, and Hint there
is not need nf action on my part till utter tho
Court of Appeals has afllrmed the decision or
Judge Ruuisoj. Thero is nothing to Hay only
that tho case will now go to the (l-iioral Turin,
and II the decision Is affirmed there theciso
will I o carried to the ( null ol Appeals. In the
' event that the f'niiit of tqeis alllrms
the decision, I will rail an extra ses
il 'ii nf tbo 1 egn-laliirn and reappor
tion the htate, pmvldlug that such an
net is not prou uiiicimI uiiciuistitutioiial.
Judge llilinsey Is a Iteputdiinn, and ouewnuld
naturally expect Mich a decision. The Judges
of the (ieneialTerm In that district nie also
Republicans, nnd so It looks as If the caso
might get to the Couit of Appeals. Until the
Court of Appeals decides it I liavo nothing
to do."
The Governor thinks that tho Apportion
ment act is constitutional, nnd ho does not ho
lleve that it will bo noctissary to reapportion
the btato.
OF Tltnin VAltKSTS' IWltDKU.
The Tiro rtnuKhtet-. Thrtr Consln, and the
Herrnnt Under Hnrvelltanee Their lro
able Arrest Arteritis I'nnerat One orthe
nntiRhtera Identified by a Jlrnc Cleik.
V ho Mays IShe Purchased Irnlo Acid
from II Im Tlio Jlnuehlere Offer 85,4)00
Jteward One or Them nnd the Nephew
srere AJisent from tba Home nt the Time
orthe Heed Itelntlvee or the Girls Angrx
Over the NuMtlrlone Their Theory,
Tam. RtVFn, Aug. 5. Tho Borden murder
mystery deepens nnd casts tho shadow of sus
picion on tho surviving members of tho house
hold. Tho polios wero unable to find any cluo
outside tlio house, nnd thoy turnod tholr at
tention to the members of tho family.
Thoy havo mado no arrests, but virtually
havo made prisoners of tho two daughters of
Mr. nnd Mrs. Borden, tho nophow, John W.
Morso, and tho servant. Bridget hulllvnn.
Thopollco havu them under close surveil
lance ovorymovoment being carefully noted.
Ono of the daughters. Miss Lmmn J. Boidon,
wns In Now Bodford at tho tlmo of tho murdor.
The strongest suspicion has rested upon
Mr. Morse, presumably because ho Is n man,
but holins mado out an allbl. Ho wns nt tho
Iioubo of nnothor nunt Mrs. Danlol L. Bmory,
nt 7 Weybasset stroct from 0 o'clock until bo
twoen 11:10 and 11 :20 o'clock.
This fact Is vouched for by Mrs. Emory.
Weybasset street is a mllo nnd a half from
Second street where tho murdor occur
red, nnd Inasmuch ns tho polico authori
ties wore notified of the crlmo at 11:25,
which was soveral mlnutos nftor It occurred,
II would soom that Mr. Morio has cleared
himself or any dlroct connection with tho
murder. This throws tho burden of suspicion
on tho younger daughter, LIz7lc, nnd on the
Tho confidential friends of the Borden fam
ily bitterly denounce tho polico for tak
ing any such view of tho caso They
elnlm that tho relations betvveon tho
daughter, father, nnd stepmother wore
most affectionate, and they say there Is
absolutely no ground for supposing thnt LI77I0
Borden dealt the blows that robbed hor of
fathor and mother, tiho knows that she is
suspected of the crime, for to-day tho police
confronted her with 0, drug clerk who
identified her as one who tried to buy some
prusslo acid of him two days before tho mur
der, bhe denied tho drug clerk's assertion,
but the polico don't uccoi t her denlul as truth
ful. Thnt the daughters soem nnxlous to clear
UP the mystery is shown by the following ad
eitiBemi,nt published to-duy:
The abnTO reward w 111 be paid lo anr one who may
eenre tLe arrest an I rotivktlnn or ihe p.r.on or ler
.onu wlio oicaftloneU tho death of Mr1. Andrew J nor
den and hi m ife. 1 mii J Jto ii.ri.
The police say they will make some arrosts
after tho funeral to-morrow, and that there is
ovory reason to tielleve thnt soma surviving
member or membors of tho household will bo
charged with minder. Tho strongest point
raised by the police against tlio daughters Is
that thoy do not express ttielr grief by lamen
tation. The fact that the girls nre calm and
solf-possessod. even in the face of such trjlng
circumstances, is urgod us a sufllclent ground
for suspicion.
Tho absence of nny apparent motive for the
crime has bulled tho polico in their investiga
tion fully as much as tho absence of clues in
the Immediate vicinity. They don't know
which way to turn or where to look for evi
dence. It is cortainly established that tho murderer
did not attempt to leave the house until alter
tho crlmo waH discovered. Ife must liuve been
closo at hand when Lizzie opened the sitting
room door nnd saw hor murdered father.
Ills chance to escapo unobsorv ed came when
the girl Bi'icamcd for tho servant to conio to
hor assistance, but oven then It Beems almost
impossible that any ono could leave tho house
without having beon observed by tlio neigh
bors. Yet no ono saw nny stranger leave tho
Borden yard nt the hour.
But tho polico havo failed to advance nny
theory as to why any mombersof tho house
hold would no beneiltted by the muider of Mr.
and Mrs. Borden ntthls hour.
Ll77!ennd Bmma Borden oaoh had enough
money In tholr own names to provide for all
tho comforts of life. Tney know they would
each have a third of their father's estate, for
ho hail told them so many times.
Up to a few weeks ago .Mr. Borden had
made no will, but at that time bo told hla con
fidential ngont that ho would make one ns a
matter of buslnesb, but that ho should divide
his property into equal shares fortlie throo
members of his family, his wife and two
It is not known thnt ho made a will. If ho
did attend to it tlio fact has not yet been os
tabllshed. (If course, the daughter who ia most
strongly suspected would profit to n ceitaln
degreo by the death of her stepmothor,
but such a crime could only bo plotted
by a person with blacker characteristics than
tills girl has over shown. Thnn. too. It would
bo nn interesting legal point to determine
which died tlrst, Air. llorden or his wife, in pro
viding for thu distribution of tho proporty.
'ihen, ton, tho muideier must havo hnd
blood f tains on hands and clothing, for the
autopsy lust night revealed the fact that thero
were no Ilss than twelve deep mits on
each head, the skull of each victim being laid
open and horribly unshed jet tills daughter
bore no criminating minks, if she Hind com
mitted thu murdei sho must havo hidden tho
nxo or clever lu tho houso, but tho police have
searched overj nook and corner inthehouso
and barn without finding tho weapon.
Tho nbsenco of tho weapon goes to provo
the Innocence of the members of tho house
hold moro than anjthlng else. It Is negative
evidence to I sure, but It Is Important.
Although Mr. Borden was n very tight man
to dial with in money mutters and drove
many a sharp bargain, It Is not known that ha
had an enemy (11 tho world. Mis Boiden
suioly had 11" one who could possibly have a
motive for killing her.
Mr. Boiden had tho ropnlntlon of paying his
bills und of wanting every dollar that was dun
him. lie was a hard man In Hint wii). It a
man owed him lie was going to have it,
'1 ho relatives of the murdered couple place
n groat deal of reliance on this clue, nnd think
It much more reasonable thnn tlio theory that
the daughter should btuln her hands with such
a crime.
Their theory Is that tho murderor had heard
that Mr. Borden received tho monoy from the
rentals of his houses 011 Wednesday night nnd
know thut ho took the money homo with him;
t hat t ho robbor waited his opportunity to strike
Mr. Borden whon he was ntohe. and, nftor kill
ing him, felt In his pockots for thu roll of bills
which, however, had been deposited la the
bank when Mr, llorden went down town.
Thn same people helluva that Mrs. Borden
heard her liUHband fall and cnlled to him from
tho head of tho stairs, thus alarming the thief;
that siio returned to her room, mid was as
sailed by the muidororof her husband while
her back was tuuiud.
'i ho argument Ufod by therolotlves Is that
the murderer was In the room with Mrs.
Buidnu when tlio daughter's screams an
nounced bur discovery of the first murder.
There was no time then for robbery. Ilight
was the only thing to bo thought of.
Whilu it seems Improbable that a man could
have escaped under such circumstances with
out leaving a clue, it is not Impossible, as the
many mysterious crimes of a similar naturo
havo proved. Mayor Coughlln, hlmsolf n sur
geon, t-ajs concerning the murder;
"A U o hurrll le tin uffair that one foels
A "' ' ' ' '-
fairly dazed. Ilorowcre two porsons killed )n
brnnd da light right in tho heart of tho city of
Fall River, lti n thickly nettled street nnu In
Just ten mlnutos' tlmo. and tho murdoror dis
appears nnd loaves not a trace.
No mark of bloody flni.ors on n door knob:
not n footprint Ono Is appalled by the vory
mystery of it Thero wrs 110 robbeiy In it, not
a piper wub disturbed,
'We haven't positively! thing loft for evi
dence. That weapon Wf.n noclcav or. ItwnBan
axe. a very keon one. If It wnsn munlao. lie
was a vory rational one 'ihere was method
in his tundness. There wore twelvo wnuiiilsun
the head of each vlelln. each one sufllclent
to kill, each one ponotnting tho brain, nnd,
with tho oxcoptlon of that, one on Mr. Hor
den's face, nil dellvorod in tho same places,
nnd by a man of treiiglh. li. that
nzo was so keen that Mrs. Boiden's
hair wns out olf the back of her head
nnd dropped upon tho floor tilinmod as k on
ly as with sheors. ISo. It was u cold-blooded,
dellbeiato murdor. unpnralellod for Its bru
tality by anything evor known in Massachu
setts, and tho cause Is hidden from us.
"If It had been on somo country farm, with
no houses near. It would have heon different,
hut right here in midday Is something un
heard of. As for the family bolng siek.
that Is nothing uncommon at this
tlmo of jearnnd peoplo should not bo In n
hurry to ascribe any possible theory of poison
ing; but we havo sealed up the stnmneh nnd
organs nnd will send thorn to l'rnf. Weed
fur his nnalysls. Beth Mr ami Mrs.
Borden weie remnrkally healthy. Mr. Bor
den's organs thowed him good for many
'Ihe polico hnvo released tho threencn nr
rested on suspicion yesterday.
The only cluo wlilcii would seem to point
toward trouble between .Mr. llorden and
another Is lurnMiod by Mrs Joseph V. Duree,
who lives A block abovo tho Boidou house on
Second street. , ,
Ono night several mon.hs ngo sho wns pass
ing the Uorden house and henid angry con
versation. Mr. llorden was standing In thn
doorway and Mrs. Borden, his wife, was behind
him. A young man stood on the steps. He
was slim, aud wore a light suit of a very flno
cheek. , , ... ...
Ho didn't soem to bn over 2.1 yonrs old. and
ho certainly wasn't !i0. He hnd some papers
In his hand and he shook them in Mr. Bor
den's faco ns ho said;
" Yon havo cheated mo and I'm going to fix
you: I'll get even with you."
the DAL-airn;r.'n siony.
Llz7le Borden, the daughter of the mur
dered couplo. told a relative to-day that she
hnd seen a strange muti lolteilng nbout tho
back yard, and once sho caught him examin
ing tho back door. Hor btory Is this:
"A jear ago last spring uui houco was
brokon into whllo father and mother were st
Swansea and n largo amount or money Btolen.
together with diamonds. You never heard of
It because father did not want it men
tioned, so as to give the detectives n
chnnco lo rocovor the pronertj. that may
have somo connection with Mm murder. Then
I havo soen strnnco men around the
house. A few months ago I was coming
through the back yard, and us 1 ap
proached the side door 1 saw a man
there examining tho door and premises. 1 did
not mention it to any one. Tho other day I saw
the snmo man hanging nbouttho house, evi
dently watching us. I bicamn frightened nnd
told my parents about It I Mso wiulo to my
sister at ialrhaven about It."
Miss Borden then gave it as her opinion that
the strnnge man had a direct eonneitlon with
tho murder, but she could not seo why tho
house was not rohued. and did not know of
anvono who would doslro roveugo upon her
The Trnn'fVr or 810,000,000 to NeM York
Admitted nt Ihe Treasury llcpurfment.
Washington-. Aug. 5. It is admitted at tho
Treasury Department as stated In The Sun
this morning, thero Is now en route from San
Francisco to the Snb-Troasury at New Y'ork a
shipment of 520 0110 000 of gold, homo two
weeks ago Secretary Fostor signed a transfer
check for the $20 WO.OOO. It wns the delro
of tho Treasury ofllcials that nothing should
bo said about the trarsfor until the gold ar
rived In Xew Y'ork, and Secn-tar Foster ex
hibited grest surprisenid (."vo utterance to
vigorous nnd Impolite expressions when the
despatch in The Sun-ws shown to him. Ho
said he could say nothing on tho subject, nnd
declnrod with emphasis uiat nothing ought to
be said about it.
lhls transfor Is made at this time because
tho hub-Treasury nt San Francisco has a
plethora of gold, nnd It Is constantly accu
mulatlng, while thero is a dcaith of gold in
tho Sub-Treasury at Now York, especially ot
small denominations. Ncgutl itlons for tho
transportation of tho gold wero cairlednnin
tho most confidential mannor. Fverjbody
connected with tho transaction was pledged
to piofound scene), 'lo avoid accident in
transportation tlio shipment was made ly
registered mult. In a train of curs Iir.iv il
guarded b) armed officers of tho 'Jre.itui j.
THE TECihUl.E T11UN' H'h FDIMl I U.TW Vlin.
fHv FnvN-risco. Aug. 5. Tho treasure train
which loft this city last evening for Washing
ton carries more gold than has ovor been
shipped In one lot hofore. Tho train la n av
speeding across the sngehni'h plains of
bovitda. It was heard from latuthlHiifteruoo'i
at Innomucc.i. It is runnlngon regular pas
senger time, but has the light of waj. the
train will go over thu Central l'nciflc to Ogden.
then over the Union l'aclflo to Omaha, anil
then by tho Buillngton to Chicago, Beyond
Chicago the route Is kept uocret Tho treasure
train consists of live cars.
An ordinary Southern TaeHlc combination
baggage and postal car came first. Then
tho t'nlon l'aclflo baggige car N'o 1,002, and
tho Union l'aclflo express car No. 1,242. 'J he
Burlington United Slates Post Offico car No.
OSJ came next, and the Lake Shoro and .Mb h
lgan houthorn fast mall car Frank Button, No.
00, brought up tho renr.
The coin was noarly all placed In two Union
raclllccars built of wrought steel and sup
posod to bo bullet and bomb proof. Thoy wmo
built specially to carry specie. Tho Ihlity
railway mull clerks brought bore fiom the
Fast woro re-onforco I b nine men selected
from tho routo agents on this coast, Theso
men rocelvod n luontt. s pay in advance fium
I'Obtmaster Bnckiis. and were told to bo ready
to tnl.o atrip which might last three weeks.
They wero told that they might hnvo to go to
New Orleans, possibly to Washington, and
perhaps oven further. All approaches to tho
train were carefully guaided, and the utmost
ntlconco prevailed uuiung tho Government
Thero Is nottho slightest doubt In the minds
of the railway officials that tho train will arm o
In safety.
The coin Is in 500 small boxes, each contain
ing $40.0JO. in flvo and tondollnr gold coins.
Lnch box is n rcgistorcd mail package, and
tho whole shipment goes direct to tho New
York bub-Treasury. As all mall mattor goes
under contrnct by tho Government over cer
tain rulliond Hues. It is difficult to see how
any exception will bo ma.lo iu icg.ird to
this shipment It required ton dins for
tho ontlrn Hub-Treasury force, assisted by (ho
oxporls. tu count tho twenty millions. 'Jim
counting nnd boxing of this largo sum was
ooinpletid on Wednesday afternoon. Then tho
treasure was so bulki that it couldn't bo placed
in the big vaults overnight ho the hub-Tniis
ury watchunn. heavily rel'nfoiced by mull
ngunts, kept guaid ovoi it nil night, tho Treas
urer himself aiuinc up. ns tho big responsi
bility on his shoulders prevented sleep. Jt Is
probablo that another shipment, or even two
shipments, may be mado to Nw Yuik, us at
leaBt t'JO.OUO.OOO may bo si ared hero.
JBIellnp Colter und the I'ulitbunlt Hj tetn.
Chicaoo, Aug. !. Bishop Cotter of Winona.
Minn., speaking of Archbishop Corrigan's
recenWdtor. to-day said: " Its publication ii
timely, it should practically put an end to the
controversy ovor the Fnlrlbuult nnd Stillwater
schools, which had all but died out, nny way, I
do not think thn prosentfuss over Archblsln p
Corrigan's lottor is justifiable.
"lArchblshop Ireland's memorial liasjnot yot
reachod this country, but a rough drnughtof
It has, and this Is the cause of the trouble.
N'o one who knows Archbishop Ireland will
suppose that ho mennt to Infer thnt Catholics
In this country wero likely to be porseculod
on account of any settlement of thu school
" Arohblshop Corrigan's lettor does not Indl
oato thnt he thought anything In the nature of
a tin eat had been made. 'J ho Ialrbault sjs
tom tins no longer nn interest for nny one. it
is in practice lu Indiana, New Yoil;, tho Gulf
htates, nnd Wlsoonsln Any discussion of It
with reference to tho Convention atlialtimoio
Is out of tho question."
rJenutor Hill oil Hla Way to dray Cublea,
New Dkdfoiu). Mass., Aug, C Tho steam
yacht FraDlavoloarrlvod in port with a party
of five ccntlomun aboard, Including Mr.
Stokes, tho owner, nnd Senator David II. Hill
'Ihisovonleg thu captain of thu sacht bald
that tho party would go to Gray Gables to
morrow, where Mr. Hill will meet Mr, Clove-land.
Special lonri In ea4tnir re.cru at trrentl) rednred
rateeon saturdaji I'all nu lstw Vork I'lutrul llckrt
ucuia for Inforiiiuliou hi.f
axi no oxnr.n Tiusas mvcit less
JS'nnke-AnttnK'a IValnre of the (Spectacle
New YnrU. Manorert Are Invited to
OITcr to the riiblle-Glaea llottle Sating
and Other Form oT Neir-Torlure.
Tho twenty-three howling and tho seven
whirling dorvlshcs that nrrlved In this city on
last Mondny from Cairo, publicly praised Allah
In tho Madison Square Gardon yesterday af
ternoon for tholr snfo arrival. It was tho Mo
hammodan Sabbath, and the howlers and
whlrlers also performed tho usual rollcious
coremonles of that day.
Kholk Abo-ol-Fnttah hnd the sect Kadrls,
who aro tho homoloss, and tho sect Mevolovis,
who are the liowlors. mark out nsoml circular
space on the Madison avenuo side ot tlio Gar
don. nbouttwonty feet in diamotor and enclose
it with sheopsklns. Tho spaco eo cnclosod
was carefully washed, for no Mohammedan
ovor invokes Allah on uncloan ground.
Thou the Sheik dropped his red shoes outside
of tho sheepskins, and, stepping Into tho en
closed space, blessed ev ory soparato foot of It
This dono ho turned his faco to tho oast, and
with two hands hold out tho palms upward,
mado a silent prayer. 'J lion he knelt nnd
prajod, and then ho touched his forehead to
tho floor and prajed uguln.
In tho monn tlmo about 100 porsons who
had beon Invited to wltnoss tho ceremonies
hud beon struggling In. A Inrgo number of
thorn wore theatrical poople. whoso object In
coming was to be amused nnd to see if there
wns nny money to bo mado In exhibiting
tho dlsciplosot Mohammed to tho publlo ns
curiosities. Among those present wore David
Havon. Thomas Q. Seabrooke, Waltor Collyer,
Maurice Barrymoro, William Hooy. Loon
Mayer, Fdward Rico. Gus Kcrkcr. Womys
Hondcrson, nnd 8. Goodfrlond. There woro
nlso soveral ladles present frlonds ot E. M.
Mnlluk, the manager of the dorvlshos.
Shortly aftor U o'clock the Sheik in a drab
gown thnt hung from his shoulders to his
ankles, bound with a sash at the waist and
with a turban ot vivid groon. the Ehedlvo's
f avorlto color, prostrated himself on the sheop
'eklns nenrest to tho oast and, with his arms
outstretched, remained motionless for sovoral
He lay botweon two lmmenso groen flags, on
which wero wrought In gold man) rollcious
doviccs. Shortly the Sheik stood up nnd,
crossing hit hands upon his breast bowed
repeatedly toward the oast Then the other
howlers gnthered. They carao from tho cast
end of the hall In gowns of blue and brown
nnd yellow.
Tho colors meant nothing In particular,
but tho turbans denoted their rnnlc In the
sect The green denoted the highest stand
ing, next to the Sheik ; the yollow came next,
and then came the red. and last was the pure
white, woin by tho young men.
The howlers sat on the sheepskins opposite
the green Hags. Hnd then came tho whlrlers,
witli long gowns covering their rope-weighted
skirts, nnd with high, brown, brlmloss liats.
The whlrlers sat on the right of tho bheik and
for several minutes rnmainol motionless.
'J hen a bowler mnichcd solemnly up with an
Iron pot of burning inconso and nn Iron vessel
shaped like a boat. Theso were placed by tho
side of tin. Mil Ik.
suddenly the members beenn swaying their
bodbs to and iro and mourning dismally.
'J hen tiny as suddenly became silent, nnd.
rising to their feet performed "linnafe."
"haubole." and "maleko." Uhese are devo
tloual ovcicisos of the bauds and arms.
Ulnar, a joung howler, chantod tho call to
prnverin a shrill voice, and both tho howlers
and the vvliirlers swajed to and fro with their
hands ncrosH their breasts. Omarchnntcd tho
question. "Ash Amu r" (What is his nnme .')
and tho howlers and whlrlers droned forth tho
nuswei. "Asinu Allah l'adem " (Uls name is
Uod Almighty).
A period of swaying and moaning nnd pray
ing ensued, and then Omar again sang a call
to pinier. 'J ho dervishes swayed moro
vlolontl), nnd kept it up so long that
it w.is a vvc ndor their strength hold
out. Tim hheik. mumbled a "futoha"
bh-sinui and the moving bodies grew still,
flu out tlio howlers nliijcd tho "D)e7.iierlo."
the n itioiuil in iu h nf 1 gypt, on reed Instru
ments nnd niter this tho dervishes chanted
loi suveial minutes. "Allah ill Allah" tCiod is
God i.
Ihe hhnik "too I up and stretched forth his
hands. Tho hovvlein wrrubileiit. lie marched
in jiuid the boh since Abbe advanced ho
i.runned and all thohowloisgio.ined with him.
I hen ho bowed, nnd the howlers bent tholr
hodiea. 'J Im groaning set in eteadllv and rose
and fell with a hound liku the faraway slng
in of plan'atlon legions.
A d07cn of the howlers tore their turbnns
from their he ids, mid their long black hair
lull down theii backs and over their bwarthy
fm e-.
i hev hopped on tholr knees and shook tholr
lio.ll- ri like men lu mortal agon). Lp nnd
downtheli bodies b at, with the longhair of
the dark-headed ones living tonnd fro.
1 ho hhelk resumed hie seat between the
grei n I'ngsund picked up with tenderness a
com mi lag. Instantly tho howlers became
bllent mill sut with their faces turned
eagcily toward tho sheik und tholr bunds
twitching, 'the chclk drew fiom the bag
ujoungboa constrictor mare thnn three feet
long. Ho I eld It just behind tlio head aud
can fully placod It about his neck. The folds
of the snake woro seen to tlghton and tho
sheik s mouth opened. He breathed huskily,
nnd It seemed thut the snako was strangling
lulu. Suddenly ho unwound tho colls und,
phwing tho snake in his lap. fondled it
i lie Inteic'st of the howlers had Increased.
iciy dusky face wns thrust eugorly forwurd
nnd ninnv dusky bunds woro thrust out ho
seeehlngl). 'J heshelkglanced covertlyaround
and then nodded to llouseyn, tho most eager
of ihuhovvlt is.
1 use) n sprung forward, nnd, kneeling in
front of ihe shell, stretchod out his hands,
i he sheik placed tho sorpont in them, and
while lnuif)n held it he cut Its head oft. Like
a i hot ilonson was on his feet with tho
vvnililns serpent clutched in hlshnnds. Tlio
re. I instruments were played, the drums
woio beaten, the liowlors shrieked
ami erni.ched and doubled themselves up on
tho sheepskins. Then HoUBlyn bit a piece
fiiiin the snake, snarling like n savngo dog.
ihe hr.vvUrs woro growing wild with re
ligious fren7y. They gronnoti nnd screamed,
filnueoyn bit plecoaftor piece from thosnako's
body in 'I swallowed them. Tho hhlek sprang
fnrwai d and. seizing tlio snake, tried to fear It
fri m iilouMi)n.
ihelultei fought savagely to rotatn it, and
then 1' ideal, a lat howler, ran Into the elrclo
and sol ed thn snake, too. BadonI nnd the
hhitk cidi bit olf a piece. Thon Ylouseyn
bit oil another piece, nnd the three
Iu'vIms placed their hands upon eaoh
oilers shoulders and whirled around
with thostmku hniigingfrora tho hholk's neck.
All Hi Iinwlirs yelled furiously nnd bumped
the i foieheails on tho llooi. Bailout was too
M..UI, mid pretty soon ho hnd to bo helped
hu'k t his sheepskin, where ho sank ox-
I lion All I'hssan. nbenrdod howler, received
from the sheik the mace, an instrument ot
torture, with u globular weight on ono end
and a f"t of steel with n sharp point on tlio
other. All jabbed the point In hi i right cheek
und thou lu his left chock.
ihen lie thrust It in his scalp and In his
neck whllo ho danced mound. His fellow
hoviers ehneiod htm on with frantic shrieks
and boilllj contortions. When All was through
tortuiliu .himself u consumptive-looking
howler with a henid ato a glass bottle lu u
inuttii n f fact way.
ihen the whlrlers doffed tholr gowns, and
stepping Into tho circle In their bare foot,
weiituri und nnd around while the musicians
beat an 1 blew a wolrd tune out of tholr Instru
ments. Ihe boss whlrler, or second piiest
wati bed thorn carefully, and whon ho
thought they were on tho point of falling
)ie checked them. This was sometimes diffi
cult, bccnuBB tho froii7r produced by this
method of worship made tho whlrlers blind
und doit to ever) thing, After u tiresome
period of whirling nil thodoivislies stood like
statues on their sheepskins whllo tho bliulk
mado silent prayer.
Then tho howlers nnd whlrlers went up one
nt a tlmo to the Hhelk. nnd, after grovelling
befoie him. wero pormlttod to touch his hnnd
iliis ended the exhibition. Sumo of the
disgusted spectators Invaded the circle nnd
asked to sea tlio snake's bod), In order that
they might miiko sure that it was genuine.
Satisfied of this they hastily withdrew. Ons
thtutilcal manager, who biivv tho performance,
" Malluk wants to ehargo $2,000 a weok for
those in ojde. 1 wouldn't give him $200, for I
think the polico would raid tho show."
II ay I o.Mr. Malluk will showthelhovvlers and
whlrlers on his own account Any way ho In
tends to tuko them to tho World's Intr, ho
sa s.
Tom need nn Cnnereaa.
Prn't nilnrx Shaker Thuinni H lieed'f cauillcrc
Tien ot I l llgrc III 10 da) I'll,, I Jr.
' ,
inn rnxsso nonnEns cavoiit.
Jlronght to nay by ITundreds or Armed
Men After nn Cxcltlnc Chaie,
Vis.Ai.tA, Aug. (. Two train robbors were
captured near hero late this afternoon after an
exciting chase, during which Deputy Sheriff
Whllty was shot in tho neck by the floolng
Tho mon were tracked from near the scene
of tho robbery into Ylsalln and to the ranch
houso of Chls Kv.ins. who camo hero from
Minnesota flvo yonrs ago.
When the ofTlcors npproacliod Lvans's plaeo
tho men. who wero evidently expecting them,
oponod fire, and Whltty fell from his horse.
Thon thoy Jumped on horses nnd started for
the bills. Attor them wont fullrlOO hoavily
armed mon.
Finally when they saw that capturo was al
most certain they sepnrated and struck off on
different rovls. Tholr pursuers divided Into
two bnnds, and In a few moments ench party
camo up with their gamo. Both men showed
fight to tho end.
sTi:mxsox's jrcvrrcTir imr.
The Cnndldnln ror Vice-President Ppenketo
the Kentttckr I.ealatntnre.
Louisville, Aug. 5. Mr. Slovenson and his
party wero entcrtnlned In Frankfort to-day.
A commltteo of citizens, nt the head of whom
wns Lx-Gov. Knott, waltod at the station for
tho train cnrrylng the party.
l'ntorlng carriages, thoy went at onco to the
rosldoncc of Mr. Knott, where Gen. Stovenson
and Mr. Bwing rosted until the time arrived
for tholr reception by tho Legislature.
Long before 12 o'clock tho lobbies nnd
galleries of tho House chnmbcr woro crowdod
to overflowing.
Just beforo 12:30 o'clock tho Senators camo
ovor nnd were soated in tho House. Gen.
Stevenson soon onternd on tho arm ot Judge
WJIIIam Lindsay. Other morabers of tho com
mittee followed. There was an enthuslastto
cheer as tho party entered
Judge Lindsay prosentod the distinguished
visitor lo 1'resldent Alfora. who occupied the
obalr. Mr. Alford Ithon introduced Uon. Sto
venson. His speech dealt mnlnblwlth his rela
tions to Kentucky und Kentucklans and the
close kinship of Kentucky to Illinois. It wns
dellvorod In a conversational tone with no at
tempt at oratory, and in the spirit ot one who
was talking tu friends und dealing lu roml
niscencos. At the conclusion of the remnrks Mr. Alford
Informed tha audience that Gen. Stevenson
would rocetvotho membors ot the Assombly,
the Stato officers, and the public all at the
residence nf Judgo Lindsay this evening from
8 toll o'clock.
Genornl and Mrs. Stevenson will return to
Louisville to-morrow, and have a recoptlon to
night at the home of Major.). Fry Lawrence, a
foster brothorof Mrs. StovonBon.
cniCAao snows unit imxs.
Mr. fireckenrldae Unpnpnlnr Ilecnnae Ho
Voted Aeulniu the World'n Fair Grub.
CniCAao, Aug. C. It Is moro than probable
that at on early meeting of tho Ceromonles
Commltteo of tho World's Tnlr action will bo
taken from which Congressman Brockonrldgo
of Kentucky can plainly infer thnt his services
as orator of tho day on the occasion of dedi
cating tho Imposition buildings arc not de
sired. Chlcngoans and tho Lxpoitlon of
ficials aro disgusted with tho opposition ho
manifested to tho passage of tho World's
Talr Appropriation bill. Whon ho was
chosen orntor of tlio day fault was
found In certain quarters. Theso object
ors bellovod that Chauncoy M. Depovv
moro nearly filled the bill as the typical Amer
ican orntoi. and numerous attempts were
mado to havo his name suLstltuted. Mr.
Thachor. (ho Domocrutlo member ol
the Natlonnl Board from Now
Y'ork. camo to t hlcngo and proposed to havo
Mr. Depovv deliver an oration also. He
wanted Mi. Depovv to have a place whero lio
wutill bo equally as prominent as the
Kentuckian. but tho project had to bo lib in
doneil. While nothing wns snhltotlio Kentuckian
about his vote mi tho World's Fair measure, it
was supposed that lie would I e found among
IN friends when It needed his aid In Congress.
Mr. Brockonrldgo pcisi-tontly refused to aid
tho lair.
itUMisa a ju.ack iieutk.
He Aeentilted a I.ttlto Iterry Plcter In n
Hivump ntr t'nluden.
Camden-. Aug. 5. Mary Hughes, 12 years
old, was assaultod by a negro near this city
yesterday. Tho child had gono huckloborry
iugln a swam pwith another girl nbout her
own nge. Thoy separated nftor reaching tho
swamp, agreeing to meot at a certain point
when they hnd filled their pnila. hen Mary's
companion reached the iend07vous she saw
Mary In tho grnsp of a nogro. fahe ran nw.iy
to give the alarm. Before help could reach
tho swamp tho negro had fled, leaving Ills vic
tim unconscious.
Hundrods of men gnthered and searched tho
swamp, but failed to capture tho negro. Tho
little gill was taken to her homo seriously in
jured. The police have a very good description of
the negro from Mary's companion, nnd are
now hunting for him. Over a bundled citizens
aio assisting tho police. 'Jhree negroes weie,
ono after another, arrested this morning and
taken befoio the little gill for Identification.
'J hoy wein nil discharged, ihere muy bo a
lynching if tho culprit Is captured.
Tiro Tuvxtt aiiir.s abducted.
Found by n DelecllTe In n Coney lelnnd
Concert Hull,
Conet Iehnp. Aug. 5. Detective Ike Van
Leer found Mamlo Keraplnsky, 13 years old,
and Annie Segolove, 15 years old, in a concert
hall on the Bowery last night and took them to
I'ollco Headquarters.
Thoio the girls said that thoy were Induced
to como down to tho Island about two weeks
ago by a woman, who cnlled herself BrnoBtlna,
nnd Hint this woman's cousin. Sophia Fursh, a
variety actress, got places forthem in 1'urUer's
concert hall lit 7 a week.
During their stay on the Island the girls say
that thoy lived with Honry Tree, who Is other
wise known us hlgnorellt the Firo King. The
girls wero examined by I'ollco burgeun J, O.
Hill to-day and found to huve a veiy berlous
blood trouble.
Tro7e, who is well known to tho police, hns
disappeared, ihe Society for the l'rovnntlon
of Cruelty to Children have been notified f
the case, nnd the girls will bo committed lo its
charge to-morrow.
auiB. rAvx mat Jir.corr.u,
Hut Her Condition In Critical Trepnnnlui:
uu Hceoi leil tu Veelerday Murnlitg.
CLOSTEn. Aug. 0. Mrs. Vaux, who was In
jured last night whllo out driving with Mrs.
Col. Well, remained unconscious until Drs.
Currio and Banks porfoimod tho oi oration ot
trepanning. Sho Is still allvo. but In a very
critical condition, iho body of Mr-.Woll.who
was instantly killed, wns taken to her robl
donco, noar which the uocident occurred.
Mrs. Vaux Is the wlfo of Culbort Vanx of the
firm of aux A. Radford, well known land
scapo architects nf this city, ihe family llvo
at 142 Last F.lijhtoontli etreot, and have two
daughters and a son. Mrs. Wix and her
joungorilaughtor went to (ioster about two
months ago. As soon ns ho hoard of the acci
dent Mr, Vaux loft for (. Ioster, Ills son, Down
ing, followed him yesterday, Mr. Vaux Is (lie
architect who drew the plans for tho land
scape gardener who laid out tho Central l'urk
llowur bods.
Ktnan Couulr Hupervleorn Mnnduniaaed,
Tho mombors of (ho Kings county Board ot
Supervisors wero sorvod yesterday with a no
tice ot application for a writ ot mandamus
commanding that tho county be divided into
Assembly districts In the manner and form as
roqulrod by the statutes. Thu cusn will be
heard in tho Supreme Court on Aug. 15.
In the petition for tho writ It Is set forth that
sovoral of tho largest wards havo been mado
into ono district when tho population .In com
parihon with other districts, entitlo bthem to
bettor representation.
Tha Wagner ratare 1 nrrompKIl) has ecllpie 1 Hi evn
vroti lerrul reetrt In the new can eu the New Joik
ClIIUIll .in.
snip hy tub vxiteu btaies.
IT Great Itrltatn Hal Seised the Harbor. It
le In Clear Violation or Treaties nnd ,
Acreementa by Which Thla Country c
Otrne It Senator Bherman'n Hperch la
the Senate at tha Time or Ihe Treaty. "tf
WAsnrNrmr. Aug. 5. The following fact
about the rights and Interests of tho United '-t
States In Fngo-Pago harbor In the Samoan A
Islands, which Is said to havn just beon selrod v Jt
by Great Britain, are from official sources:
In 1872 Mnuga, High Chief of l'ago-l'ngo. ,
"froely and voluntarily" granted to Com
mander Meade, U. S. N., the excluslvo prlvl- ' ,
lege ot establishing In the said harbor n naval
station. It this ngrcemont which contnlnod a "
cortnln implication of protection. Is to bo re
garded ns a treaty, it Is of no avail, for Itwns
nevor ratlllod by tho 8enato. Tho treaty x
with Samoa mado In 1878. however,
glvos tho United States tho privilege I
of establishing therein n naval station. ' '
tho Samoan (lovornmont agreeing neither to '
"oxorelso nor authorize any jurisdiction 4
within Bald port advarso tosuch rights of tlui 4
United States or restrictive thereof." On Aug. 5?
B, 1878. upon tho ratification of this treaty by K?
Samoa, a commission appointed by tho f
Samoan Government slgnod tho doouinent ')
transferring tho possession of tho harbor u"- '.
cording to tho provisions of tho treaty. In A
connection with this transfer the Unltod m
Statos Bhlp Adams erected on Goat 1st- if
and, nt n point commanding a view of 31
the entire harbor, a II tgtaff and ralsod ,W
thoreon tho American flag. Tlio rights jj
of this Government under this treaty a
nnd these proceedings were not ulTeoted by ' a
the Berlin act. our commissioners exprosaly J
stating that the) could consent In no way to '31
tho impairment of our rights nt Pago-1'ago.
The British tieaty made In 1H7I) reserved the M
right to establish on the shores of a Samoan j
harbor a nival station. "Apia, Snlvafatn. tho 'f
German harbor, nnd thnt part of tho harbor of if
I'ago-l'ago which may hereafter bo seleotod by f
tho Government of tho United Statos ox- k
copted." 1
When the mattor wns before Congress In 5
June. 1880. tho rights of tho Unltod States in
Bago-I'ago wore Interpreted to be exclusive. '
Tho amendment reported by tho Commltteo 1
on Appropriations reads: "For the survey. ?'
Improvement and occupation of l'ago-Pogo 4
$100,000," A.C. benntor Shorman spokn upon ,
tho amondmont for the Commltteo on Foreign "''
Relations, nnd snlo, lu concluding his speech:
Tho llrst thing to bo done Is to assert our
fower and occupancy of tho bay of Bago
ag and so much of tho shores of tho Island
ntl'uluillaas ia necessary for a coaling sta
tion i his Is a moro rocky Island, compara
tively, of a few squuro miles, but it possesses
this magnificent harbor, anil one of the amend
ments to this hill proposes that we shall lake
possession of it, occupy It nnd erect n coaling
station nnd sucli other buildings as may bo 'I
necosaury. Thut ought to be done immediately.
This Government within eighteen months .
has purchased Goat Island und halt a mllo
ofthoshoro adjoining, being a small cart of 'l
what Admiral Klmborly rocommonded should
be noeured nnd of what would bo needed for a
station. To tills Island, which Is tho most val
uable nbout tho harbor, tho Unltod States has
bought everv claim, natlvo and forolgn. and
Its title may be regardod as Indisputable. It
thu United States has not yet exclusive tltloto
l'ago-Pao harbor, the Govornmonl has the .
lightto mnko itso. For. until It hns not only '
Bolected a site, but acquired title to all the S
land tho Government may want nothing can ' M
bo done which may interfere with its purposes -j
there. Should this land be secured, there
would be so llttlo left that the question of ex
clusive right could noverarise. Anynttompt
by a foreign powor now to secure lodgment J.
nt Pago-Pago harbor will bo reslbtud undoubt
edly by this Government
I.arce I.oae or Life Unforced rrora a Hid
ul lit Wieck. ,
Erie. Aug. 5. It is roported that a collision ?
between a freight and psssonger train oe-
currcd nenr hero ut midnight on tho Lako ij
hhoro Railroad. , vj
There is said to bo a largo loss of ltfo. Phy-
siclans from this city have beon tolegraphed ,
Ihe President Stnrta ror I.oon Lalte, jv
WAsniNOTON, Aug. D. President Harrison ?
lelt the city to-night by tho Ponns)lvnnla West
Shore routo shortly after 11 o'clock, going
dlroctly to I.oon Lako to seo his wife, and will J
probably be gone about a month.
ihe latest repoit from Mrs Hnrrlson to-day f
was to tho effect that sho hud n ride this aftor- "
noon of about half an hour, and that sho was
Improving. Tho !'reldunt nxptesses the wish j
not to bo disturbed in nny mnnnor while nt
Loon Lake either by newspaper peoplo or the .1
public. 1
Ez.Hennlor lugallft'n Iliolhrr lleud.
SrniNoriLLP. Mo . Aug. 5. Dr Finncls Theo- '
dor Ingalls, President of Drury College, died
hore this morning nt 8-.'i0 uf parnl)sls of the
heart Dr. Ingalls was a biother of ox-Scna-tor
Ingalls ot Kansas.
The WeMher.
The area of low preitur enclosing a belt of cloudy
and ahowcry weather exiTnle 1 jtnirr lav from Kansas
northeatt lo the npper lake 1 while nn urea of moder
ately hlsh prennre occuple I the country from the Ohio
Valley iouthirard, ruierln: u'.l the Southern Mte. J
Theie areai are drlfti'iR eaianl and are likely lo I
produce illchtly ariner eaiher In tr middle Atlantio jf!
States to-da), hut no ciiiietiut lieut le expected. J&y
It was cooler hy from 4" tn 11 In the Allantlo ntttes fiff
yesterday than 011 Thur.dii), and warmer by from e ,
lob" west of the Mislslpi, except In Montana, where 7
Il waiver) coo!. 1 tie temperature dioppet to 18" at 0
Havre (
Jn tl I clt) It wtb showery In the roorntng and after
ntirn, liuheat olleUI temperature, 821 lowest, o7i
avenge hnmiuliy, 70 per cent) wind southwest,
arernee .e 01 it jr. tl miles an hour, I
Tho t'enn an-ter at Perrjr'e pharmacy In Tun Sun
hui.liii if re i.orde 11 he teinperat are )esterday as folio wet
111 il. llfS 18l. 1312.
a A M ... .I7 1:.' 8 SO P. M 7D SO
n A VI .... (l'l "' HI'.M 7je 7ue
liA M I'e 7r, UP H 71 7lt
J J VI 73 B0 12 Mid UH" 7u
Avernn- 7llS(
Average on Auk 0,181)1 70ji
WiSiiivcTos rosscisT ron lATUitnir.
Tor New Knslnud, showers In the oerthern portion
and un tho coatl, silently warmer on the coast; south
west winds.
lur taxttm Aii Toik. thovtrt in nort portion; tlljMj
warmer, eourA tcindl. I
J-or eastern fcnnsjlianla, New Jersey, and Dels-
ware, generally fair; slightly warmer; south winds.
ForClslrlet or Columbia and Maryland, fair; slightly
warmer, variable winds.
For West Virginia, ncstern rennsyleanla, western
New York, and Ohio, showers, warmer durlug Satur- ',
day; south to west winds.
The barometor Is below the normal east or the Itocky
Hountalns. There has been a decrease nt bnromeirlo
pressure front the lower Uke region and St Lawrence
Valley to the southeastern slope of the Kock) Moun
tains There has been an Increase ot pressure iter
IfceOu'tot St. Lawrence and orer the Pakolas. west
ern Nebraska, and eastern Uolorada. Three storms r 7
slight Intensity mppeari one north or the lake regions
and St. Lawrence Valley, another In the loner Mie
sourl Valley, and a third In the western sai.ntrli. wn
Valley, The temperature has fallen in the tnhl lie At.
lautloand New England Stales, ovsr II e middle licir
Mountain region, soul In the Oakotas It User!" 11
slightly Id the middle Mississippi n! ey snd thin e
over western 2,ake Stqerlor. An areaof rain has ex
tended over the lake regions and j arts of New I nt
land, and light showers have occurred lo the meld e
Missouri Valley. Unsettled weather and si onrert nri
Indlcatrdfor tie lower lake region and new FlkUld
Saturday; showers Mill also probably 01 enr at pelius
In the upper Mfsslss ppl taller. ,
IToin Herd on I'nncrre!,
Urn t inlss ex sreaker Thomas i I'ee I s austic re
) viwur or I'giigresslu to laj's i'.n , a e.
!z Ili..,' - cLi l2atw2

xml | txt