The sun. [volume], March 29, 1894, Page 2, Image 2

About The sun. [volume] (New York [N.Y.]) 1833-1916

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, ""'"'"' tup ST7N TIHTWSDAY, MARCH 29, M. -- - -
fverr detail of this acknowledged low H
noted br h spectators Ha would psss
fair-looking country swain.
Um Hll was csllaei Mr Carlisle nl
pered something m a hiesaeeger. nad th lat
ter hurried across th street tn Mr. I srllsl
cilllc and told Mies Inliard 'lint alia iw
wanted he rtnt In the court room with
Miss Llll. th elderly woman from tha Fpla
rnpal Hon of Merer whr" he I residing
Holl had started teglv hl testlmonr. when
tha two woman antarad. hut ha stopped short
And did not raauma until thav had seated
themeelve Ha looted funlvelj and eurloiielr
at the detannant. arid then lat hla vara wan
dar off Into apace hie nil r.prion wlmn
Snewerlng tha inaatlonx ek,..l him. Ml. a
ollard dl.l nrt appear to ha verr much Inter
ested in lloaall. and hardlr gave him a look,
viniehew telling hla atory aha pretended
te be huar writing.
Major Nhelhy. for tha defendant, conducted
tha direct examination Ha began br asking
I tha ana and occupation of tha witness, who
replied that ha win 14 rears old. and was at
present a arhool teacher In Lincoln county.
Kentucky. Ilahad baatt elected Huiierlntend
eat of tha public schools of l.inanln ronntr.
I there ha resided, la Novamhar laat. was
leputv County i lark, and a Mason.
" Whara wara you In tho fall of 1H83 1- aakad
I Major hhelby. . ..
p "I wee In ' Inelnnatl" aald lha wltna
I " whara I waa amplorad aa a dark, and I
I atared thera from March HvHl iinili March
I 1114 Krom r inclnnatl I want tnthlcago I
I remained at Chicago until Julr or August. I
I then want back to Incinnall and atarad thara
fi. until tha flrat of January, and than I want
I home, and have haan thara avar alnoa uotll I
I earn on tn Washington."
I Tha witness iith hla anawara la a alow,
I drawling way. and haaltatad Invariably before
I naswerlng th uetlons put.
" Ara rou acquainted with Mlai l'ollard ' '
s "I am,
I " Htata whan too became acquainted with
K hey and the circumstances.''
It waa ci'har In nntoberor November. 1HW.
1 A lady eama to tha atora In Claelnnatl whara
W J waa amplorad and inquired for ma."
I It waa at thla moment that Mlas l'ollard an
tarad tha court room. Hha waa dreaaad aa aha
had liaan on her previous appaaraneaa. aicapt
that aha wora an Luster hat. a peculiar little
affair of modeat brown fait aomawhat re
aam hi lac that worn hr Hwlss Mlllli Able
W epreeitlngcnckad, made of a black feather and
, aailn rlhl.on. composed the trimming. Whan
; aba had sat down Mr Koaall continued-
I waa at that time on tha ilfth floor of tha
office building. A messenger came In and an
Bonne. i that a lad wanted to aee me. I want
out anil naked who aba waa, and aha Intro
ilnoed herself aa Miss Madeline l'ollard. stat
ing that ho hal heard of me so often that aha
en aha knew ma. and further stating that aha
A just cone to tha citr and deaired to to to
aala'an ( ollee and naked ma If I would tto
I with her " . .
Did aha tell rou how alia happened to know
of rou ?"
Yet. air: aha aald aha had heard her eouala,
S ailaa Hattla (MlTer. apeak of mc"
Did rou so with her to Wealeran College 7"
E "I did."
E " What took place whan vou went there
E "Wi. were Introduced Into tha offloeadjoln-
K lBftha library I waan't acquainted with Dr.
K llr..Mn the nrlnclnal hut I introduced mveelf
B to him. and then Intro luceil Mlaa Pollard.
Hha atatad before rou that her Intent iona
m ware to enter Wealeran olleae, did aba not ?"
B Hha told ma where ah waa from ; that aha
had a jrnardlan. whom hi had reprcscniad to
K ae aa Mr. Kodaa. and that he would ba alone
B tba neit dar and complete tha arransamaata.
Waa anrthinc aald about rou i"
K " Vei. air. Mlaa l'ollard Informed Dr. Browm
V: that I waa a paraonal acijualn'anco of here.
K- and aha aakad him tu srant the prlvllece that
K J mislit call when I wiahed. and ha con-
' Whan did rou nail aaa Mlaa Pollard after
I cannot aarpoaltlTalr: It mutt hare been
two or three dare, when I aaw her at tha
oollefe."
' Did rou so there for that purpoaar'
. "Idld"
" From that time on. up to the time rou left
Cincinnati In March. IKH4. what waa rour
habltaa tocalllnB at tha coliacer"
"1 called Irrecularlr. Hometlmea onoa a
weak, and aometlmea madaaa manr aa three
eallaaweak. Ther areraned about two timaa
a weak."
- " Did rou hare any other acquaintance! or
friend tliore?"
J . ThBdn'L"
"What rou aaw Mlaa Pollard, waa aha uau-
allv aluua or In tba company of other per
ei ' 1 1 7"
Hometimei alone and aometlmea tha other
younc ladiaa came down with her. but thar
B only remained a abort while.''
Did rour oalla on Mlaa l'ollard lead to tha
formation of any frleadahlpa between rou and
I bar .'"
B 'Yea. At flrat I had a ureal admiration for
tha youna lady. My admiration afterward
turned to lore and from love to an encaca-
mant ."
Boaell aald thla coyly, and with a aerroui.
K blunlilni manner.
K "When did rou and Mlaa Pollard baaoma
B VIt hlnk It waa tha TM of Dacember. juat
two darn before I'hrlatmaa"
" During tba period of Mlaa Pollard'a an.
fraarament to rou did aha avar tall you an r-
thtn about her arraasamant with Mr. Itoilea."
' Hha flrat told me that Mr. Kodea waa bar
Juardlan. Afterward aha aald that aha waa
aalroua of reeerrlnc an educatloa. and havlns
fio one to help her but Mr. Hodee, and ha bar
na; consented to proTtda her with tba necaa-
taWf aioner aha had promlaed to ba hla wile."
' Did aim ever tall you whether or not aha
Intended to carry out that arrangement 'r'
Hha told ma fraquentlr that it hadn't bean
her Intention from tha atari but aha had
pmmlied him almplr berauaa ahe bad an am-
liltlun to Bain an education, and that that waa
tha only nieana by which aba could Bet It."
" Whara did rou aee Mlaa l'ollard V"
m- "Hometlmea In tha reception room adjoin.
w"i Ids the parlor, and aometlmea In tha parlor.
" Did rou aee her alone or In company with
other people during that time?"
i ihieily alone. My calla were made la tba
a avenlnBa. I uaually atayed from H until 10.
k "After your enaTasemant to Mlaa Pollard
what waa bar manner toward you oold or
: warm ?"
"Mhe waa very affectionate."
" In what wav waa that Indicated 7"
K ' I Frequently klaeed and embraced bar."
" Where would Mlaa Pollard aenerallr alt
K when aha came down to aee you 7"
' When we flrat became acquainted ahe uaed
to alt baalde me In a chair. Aa our friendship
lacraaaed we became very much more affec
B tlonata. Hha aat In my lap time and attain."
Mlaa Pollard had stopped bar writing whan
B Mr. Ilosell began to tall about her manner to.
m ward him, and whan he made the laat remark
B aha became very angry. Her sbouldcra were
drawn up, her handa clenahed. and ana half
m roaa from her chair as If about to hurl the ha
f at the witness. Her face was rerr red and
ihere were signs of tears In her area Mlaa
'.Ills and Mr. Carlisle said horaethlng to her
I ami tba latter half pulled her back Into tba
1 ohalr Mr. lloaall did not appear to notice the
Incident.
"During tha time aha waa In tha habit of
I alttlog In rour lap." continued Major Hheibr.
I 'ware there anr Ucmonstrallons of affection
I between rou and her?"
' Oh. res; naturally there would be. Of
enures I would put my arms around her and
I kiss her. and she would do the same to ma"
I ' Did you avar meet Mr. ltodea at tba Waa
I leyan College 7"
I n oneoioaslnn only ."
I Hs.l i hero bean nur understanding or ar-
I "j range uiea' between you and Miss l'ullard aa
I to what waa to be doae In the event that Mr.
I liodee should meet ruu there?"
I "lea, air. It was made at Miss lailard's in-
I elaB'-e Hbe aald tu uieou numeroua occasions
I that Mr Kodea had heard of mr caning oa bar
i ai ill- college, which she. had denied to nlm.
and. If 1 should ever oall upon her at the college
I and be waa there, lahoulii preteud pot tu know
fr kar Ohe evening when I called at the college
f a friend of Mlaa Pollard'a mat me at the door
and told me that Mr. Kudea was In the parlor.
I , tvad 1 think theru were three or four other
couple there I went into the parlor, and ine
young lady who tout me at thu door introduced
nae to Mr. Hodes and also Mlaa l'ollard "
"Did anything occur it the course of that
ironing to Indicate to Mr Holes that you and
Ilea l'ollard were engaged I "
"Yes. while Mis.. I ollard and I were sitting
at opposite sides ol the room, aha hallooed to
me 'Ob Nankin ' and Mr. Hodes made thu
remark that he didn't know that we knew each
other eo well, having teeo Introduced onlr
- i that evening but by aoma meana or other ahe
Bade him believe she was talking to a loung
ladr "
Did rou apprise Mlaa Pollard as to tha fact
that you were going to leave Cincinnati '"'
."Yes sir. It waa la the evening just before
I left. I met her In the library of the college.
bhe eipresaed tier regret that we had tu sep
arate. Mia didn't waul me to go and protest
ed that 1 should not. Then she atkedmeto
let hor go with me 1 told her that if she really
Wanted to go she could, and ahe went up stalra
to her man and came hack with her hat and
cloak ob ready to go When 1 found out that
she waa determined to go. 1 told her that, un
der tha clicumataacea. 1 thought It Peat lor
ber not to go at that time, it waa than March
and I told her 1 thought the beet thing ehe
could do would be to remain at the a hool un
til June salt would le more convenient for
ue to lake her at that time."
"When she first proposed going did rou
think she was in earnest r"
Ke. air; I reallr did not .'
" During the time you have been speaking
f did Mine Pollard ever ear anything to rou
about her age?"
" Mil- si wax. represented herself to ba three
ears my junior, hhe -ald she wa born In
November. I ltl; I was born in lm'.ii '
I'll you ever give her any tings -"
Yea. I gave her i wo. one a Plain ring and
the other a small set ring, with a diamond and
rubles. '
before you left lor Chicago did Miss Pol
lard have aar pictures of herself taksu "
I had them takyn ior her. or si least she
waa with mo when 1 h I them taken la in
rloiiail Mv loci-Ile-tun ia that Mis Pollard
gad a fraud were at the store, aid -.ojnethiiig
I , Was -aid about pictures, and 1 made a rerr.irs!
about guiug dowu lo the gallery and having
isafr ' aunt Co, or lata si- gut la all tha saw spriaa
Bb fliUa oslors (hay lali4 lo 11 i-p an :'.J a:, so tOsy
"iu as soiil og at sosi -tufa.
them taken, and wa threw want. I think that
waa tha day before f left for Chicago
' During this time wararoa In tha habit of
swilling lire water'' " Mlaa Pollard In tha
Weale llrnwn letter aald she could not break
Iv.ieli of 'that filthy habit of swilling fire
No. sir; I never waa." Mr. Roaell aald thla
Indignantly
" Ware fmi aver accustomed to using llrinore
to excess?"
No. sir." with more Indignation.
" iMd Mlsa l'ollard avar aee rou uader the In
fluence of llqaor?"
' No. slr;she nevardld." tho ellmat at Indig
nation. Hid Miss Pollard eve aay anything about a
man named Alex. Julian?"
'One evening, while wa were speaklne of onr
paat Urea, she mentioned a mock marriage
earamoay that hal occurred on a certain
Christmas Dar between her and .lullon."
Did she give rou any of tha details of that
event?"
" Not that I remember.
" During that time did you have any ring of
Mlie Pollard'a ?" ,.
" Yea, sir Hha gave me a small plain gold
ring of hers, which I afterward gate back to
her."
After rou left Cincinnati did you corre
spond with her f"
" When I went to Chicago I wrote to her. and
received one letter Irom her.whlch I answered.
Our correepondence ceased from that on. 1
have none of thoae lettera now."
' The engagement between you and Mlas
Pollard waa never consummated liT marriage,
waa It. Mr. Hoell ?"
It was tint " said Mr. lloaall. In a (ape that
Implied that the question was an InsulC
' Waa It allowed to drop 7"
"Yes, air."
"What were tha reasons on your part for
allowing the matter to drop'" -j.
Objection waa made to this hr Judge Wilson.
which waa sustained, and Momr Hheibr asked
the question In another way.
J will ask you whether or not the dropping
of tho engagement was due to aay conduct on
tha part of Miss I ollard?"
" As she would allow ma to hug end kiss her.
I lost confidence In her aa not being fit to bo
my wife, and therefore I ceased to love her."
"After going tn Chicago, when did you next
see Miss Pollard r
"It waa In Lexington, at a Mrs. Ketcham'a.
and I asked her for my rings, and she said they
were at her mother's and she would gt them
and send them to me. A month or so later I
wrote to her. All her letters to me I destroyed
Christmas one year ago. In reply to that let
ter aha said that bar mothei's property had
been destroyed by fire, and that the rlnga bad
been destroyed along with It."
During tins part of Mr. lloseU'a testimony
the tintypes of Mies Pollard and himself,
which he Identified, were passed about among
the lawyers and newspaper men. Mlsa Pol
lard resembles a typical country girl, with an
abundance of frlr.zes. lloaall. who la repre
acnted In one picture standing up behind Miss
Pollard'a chair In tha conventional tlntrpe
war. looks Ilka a callow, awkward bor.
Mr. llossiill aatd. In anawer to another ques
tion hr Major Shelby, that when he saw Mlsa
Pollard at Mrs. Ketcham'a there was no one
else present, and he could nut aee how any.
body could bare bean concealed there, ltecess
came in here.
When Mr. llnaell resumed the stand at tha
afternoon session Mlsa Pollard was again In
her seat. Hhe paid close attention to what tha
witness said, although she seldom lonked at
him, and made frequent notes whloh ahe
handed to Mr. Carlisle.
" Now. Mr. ilosell." said Major Hhalbr. "did
Miss l'ollard have the appearance of a matured
or an Immatured woman, physically and man
tally, when you llrst kneiv her?"
"I object.'' aald Judge Wilson, and tba ob
jection was sustained.
" Were her actions mature at thla time?"
asked Mr. Shelby.
" 1 object again," said Judge Wilson, and thla
question was also ruled out.
"Well, did she in lHKi have tha appearance
of a girl or a woman '!" aakad Major Hheibr la
desperation.
"of a woman," was the answer.
"In Miss Pollard's testlmonr." said Major
Hheibr. "the statement was made that roii
were a candidate for an office In the Internal
revenue service. What were the facta In that
matter?"
" Iat April I made application for tha posi
tion of ganger and sent It oa with mr endorse
mants. When 1 ran for superintendent for
county schools, tho application waa virtually
withdrawn and later I withdrew It."
"Waa thla bafora you cava your deposi
tion 7"
" Y'es. sir."
" Did you know Col. Breckinridge than?"
" No, air."
" Do you live in his district 7"
"No. air. I do not"
"You may have tha witnoss. gentlemen."
aald Major bhelby.
It was expected that Judge Wilson would
prube the witness to the very bottom of hla
knowledge, and that his crosa-examlnatlon
would cunsume the rest of tha afternoon, but
to tha disappointment of everybody, except
Col. llre.klnrldge and his counsel, tha astute
old lawyer allowed him to go In a very short
time. Judge Wilson drew out of the witness
that he bud not withdrawn hie application for
the oflloe of internal revenue gauger until the
morning of the very day he made his depo
sition, and that when giving his testimony in
Lexington at that time he had the papers lu
his pocket The idea of Judgo Wilson In
calling attention to thla matter was evidently
to find out whether the influence of the de
fendant In seeurlng a place under the Oovern
ment had not been promised the witness and
that he had been Influenced by this in giving
hi; testimony. Judge Wilson did not pursue
thla line of Inquiry further, but asked the wit
ness If he did not know of the high repute of
Wealeran College, and that Miss Lucy Webb
Haves and the wlfeof Representative springor
of Illinois, and other well-known women had
not been educated there. Tha witness ad
mitted that tha college stood In the best re
pute In Cincinnati, but he knew nothing about
women who had been pupils there. Judge
Wilson had him describe the rooms on the
first floor of the college, and asked him if
there were not folding doora between the
rooms which were alwara open when he waa
there. Iloaeil aald that such was tba fact.
I alwaya saw Mlaa Pollard In the parlor or
the reception room, which were practically one
room, because tha doora were kept open," ba
aald.
"Don't you know." said Judge Wilson se
verely, "that the rules or thla Institution for
bade the reception of visitors, except on one
evening In tho week, and not two or three
times a week?"
" No. I did not know It," aald Mr. Ilosell.
"How long would Mlsa Pollard alt In your
lap during these visits of yours i",
'AH tha time I waa there."
" How long did rou stay?"
"From half past 7 or H to 10 well, about an
aval age of an hour and a halt or two h ours "
You mean to ear that Miss Pollard would
alt on your lap in a public room for an hour
and a half to two hours, two or three times a
week, and with young women all about tha
building?"
" y .. that is what I aaid. poaltlvaly."
a answer to other uuestions. Ilosell aald
illss Pollard had told him of ber mock mar
riago with Alex Julian, and at the time that
Mlas l'ollard wanted logo to ( blcago with him
she bad gone up stairs to pack ber trunk.
''How long was ahe gone?" asked Judge
Wllaou.
'About fifteen or twentr mlnutea."
" Do rou mean to aay that aha packed her
trunk or arranged herself for the journey In
fifteen or twentr minutes y'
" Y'es. sir. thst Is what I mean."
"That's all." said Judge Wilson, and Mlsa
Pollard and Ilosell both left the eourt room
by separate doora
The rest of the afternoon waa spent In read
ing the depositions of Hiram Kaufman. Jama)
A. Draot. and I.echter l.usbr of Leilngtun.
Both Kaufman and llrsudt used plain lan
guage In talking uf things not mentioned in
polite societr calling a spade a spade, and
detailing vulgar conversatlona and doings.
Kaufman deposed that he waa ,10 rears old
and a butcher. He had been a frequenter uf
bawdr houses in Lexlugton when he went
there twelve regis ago. and used to spend part
of hie time in May aud June. 18Kt. in the house
of Luna Mngleton. In Mar. 1HH.I. he waa
taken there br James 1. Hodes. Miss Pollard'a
elderlr lover, hodes. ha said, waa the stock
tender at the Insane asylum ue.r Lexington
where the deponent was employed a- a
butcher bodes wua bis best friend, and had
frequently uorrowud money from him. once
he told Lodes that he would lend him some
money if the old man would take blin lo see
his girl, and Hodes assented, aad look him to
1-euu bingietou'a. 'I lure were three women
there I ana Mnj.-I -tun a girl about 17 known
as " Little Lena. ' and another woman whom
Hodes introduced, saving " Let me introduce
rou to my girl Ml-s l'ollard." Thli was In
May. 1HKI. tlu year before Mlsa 1 ollard and
I ol Breckinridge begau their liaison Jim
Hodes. sa d Kaufman, took Mis. l'ollard oa his
lap. aad she acted like any other woman of
tha town. He had also been to the
house with other men one of these.
John Brant, whoso deposition was also read
to-dar went into a private room with the wo
man known as Mlas Pollard on more thun one
occasion. At another time he bad seen her
come out of this ruum with a man of the name
of Hiiudlebauer Once Miss Pollard asked
the witness to go Into the private room with
per but be hi 1 such a brotherly feeling for
Hodes that he did not go.
Kaufman said on cross-examination that he
knew that Miss Pollard was P.odea's mistress
because he met knewllt." Hodes had never
told him so. but be always had referred to her
aa mi girl," and talked about ber a great
deal at the asylum. Onoe he saw liodee give
the girl f'.'.i at Lena Mngleton a house The
deponent bad never gone bock to Lena Mngie
ton'e after one day in luue. 1HHI when he bad
a quarrel with the woman he called M p.d
laid. Ther had trouble before tide, end he
knew ther would make it hot for blm when h
went lack but he did go back The alleged
Miss pollard, occordtngtu Kaufman used very
indecent language.
At this piint vouog Mr. 1 arrell ol Lexing
ton, who was reading the emee-examination
to the iury in 1 ehail of thu plaintiff .-.
and aatd to Judge Bradley
Mall 1 read ibis I udge ' It's very nasty "
Yes. I am afiai i it u.ust be lead " sou the
Judge and Mr. Kartell lead it.
Kaufman said that the Pollard woman " aa i
he called her railed at hlin in Usguagu that
waa very indecent He told what aha aald.
I.
aad what be aald. eqwally fadeeee la Bnawer.
John Braafs depeeltlo waa mheh like
Kaufman's Ha aald ba had mat Madeline
Pollard at tha houae of Jim Rodee In Isling
ton in 1K i. Loaa Singleton waa Kodea
housekeeper The women he knew there as
Madeline Pollard, and whom he unneratond
to be In IOxlngton temporartlr on a visit from
the school she waa attending was a fully de
veloped woman. He believed ahe wsa attend
ing either i-ayra Institute in l.ailnetcn or
some school In Cincinnati. This was In the
summer of IHHa He tana the Pollard gl'l
riding several times in 1HKI, and a number of
tlmee since then, the last time In July or
AugilBt. IKHTi. ...
I etcher i.iiahv. Chief of Lexington's police
force, eald that in imm t 4 ha waa employed br
the Adams I'xpreae Company In I exlngfon.
and frequently shipped money to a girl at
Wpsleran College for old man Rodee. Ilodos
said 'heclrl was hla niece.
Alderman W. T Jones of laxlng'nn "tepoaed
tha while visiting President Prown at Wea
leran College. Miss Pnlard told him that Bodes
was raying hr tuition, but ahe dldn'Mnend
to marry blm because he waa an Ignorant old
farmer. Bhe aald ahe expected to pay him
This deposition was complete-: a' 4 o'clock.
and the eourt adjourned until to morrow
irir j. vk nil. rtxTor.
The Ke.t-a er Health Talake Wis Ksptwaa.
flea Met xtieis,(.
At the meeting of the Health Board yeetar
dar a latter was read from the Rev. Dr. John
II. Paxton relative to hla failure to record the
marriage of Co!. Breckinridge and Mra. Wing
within tba time named by law. Thla la what
he had to aay:
" In ezcuae for not reporting tha marriage of
Col. W. C. P. Breekinridge and Mra. Louie I!.
& Wing, I have to aay that I am ignorant of
any law requiring me to report marrlagea
to your Board of Health within a given or
limited time, say, three months After cere
mony. I waa told by an old New York
clergyman several yeara ago that ha re
ported marriages at his convenience within
alx moalha of tha year In which performed,
I plead my ignoranee of tha law. I did not
know that I waa bound to report marriages
within three month, or that your honorable
Board of Health could fine me for failure to do
so. In my Ignoranee of thla law I gave a
promise to Col. Breckinridge and Mrs. Wing
not to report the marriage for three month a
Then I was taken 111. and the l'ollard scandal
was noised abroad, and Col. Breckinridge and
hit wife were publicly married In Kentucky,
Ignoring the New York marriage, and they
still begged me not to divulge, and I waa 111.
and so I crave your grace."
The Commissioners were not satisfied with
Dr. Paxton'e explanation, and referred the
matter back to Attorney Hlelnert for action.
Mr. Htelnert said that he Intended tn com
mence suit against Dr. Paxlon at once for vio
lation of section hi I." of the Nan- York consoli
dation act Ha will bring ault In tha Seventh
District Civil Court to-dav and hold the sum
mons and complaint until Dr. Paxton returns
to the olty.
The Board of Health has prepared a measure
which Henntor Wolf will introduce In Hi
Legislature at Albany, it amende section no.'
of the Consolidation act and makes every
omission of any person to make and keep the
registry of marriages and births required by
the preceding sections, and every omission to
report a written copy nf them to tho Hoard of
Health within ten days after anr birth or
marriage, provided to be registered, a mis
demeanor and punishable aa suoh. and In
addition thereto the offender shall also be
liable to nay a fine of l(x, to be re
covered In the name of the Health Depart
ment of the city of New York, before anr Jus
tice or tribunal In aald city, having jurisdic
tion of civil actions. Hut no person shall be
liable for auch fine, or subject to arrest and
Imprisonment for not making the report, If an
excuse is presented to the Hoard nf Health for
the amission which the Board shall deem suf
ficient In which event the Board is empotverod
to excuse the omission.
Section li-Thle act shall take effect imme
diately. The Commissioners hope that this will have
the effect of causing mora prompt reports of
death, births, and marrlagea.
JTJtg. JU.IHTiy II.IM a nnMAM.
Hbe Thlah It le an laOK atioa as to Who
Killed Her Dastklar Maale.
Pusle Martln'a mother got back to her home,
at 650 Eleventh avenue, at 3 o'clock yesterday
morning, after being away for twelve hours.
Bhe bad had a dream, and bad started out
upon a hunt for the murderer of her daughter,
whoso body waa found a week ago Monday tn
the cellar at 517 Waat Thirty-ninth street
Hhe dreamed on Monday night that Buala ap
peared to ber.
".Mother! mother!" ibe thought the child
aid. "Mho Is sticking a knife into me. You
know who."
Mra. Martin aays ahe seemed to know at
once who was meant, and aba waa ao Im
pressed that ahe started out at 2 o'clock In the
afternoou to make a aearch. Bbe told her boy
Tommy that ahe was going to Thirty-ninth
street to see Mrs. Fitzgerald, just around the
corner by the brewery. Mr. Martin said last
night that his wife had kept up her search
until 2 o'clock In the morning, but eould not
find the Mra Htzaorald ahe was iookim.- far.
Thla Mrs. Fitzgerald, he said, waa one who
lived In the same house with them when they
lived In Thlrtr-nlnth street Hhe had quar
relled with her husband nnd cam to live with
the Martins for a time, bringing with her some
furniture. After that aha went out tn service,
leaving a rocking chair an i n bed at the Mar
tine'. Hhe afterward demanded these and
Martin refused to gtve them up. claiming that
ahe owed him money Martin says she o
into his apartments and carried off thechslr
about tan or eleven months aco. and mado
threats against him and his ismily to the
janltreaa.
"You know what kind of a woman Tarn"
ahe is reported to have said, "and I'll get
square with them either br day or by night"
Mra Martin was away from noma again last
night, but her husband aald he knew where
she was. Acting Captain Welslng and Detec
tive liar were out also, and It waa thought
they were with Mra Martin. The police do
not believe in Mre. Martin's dream, but ther
are Interested in the etatement connected with
it. The Martins had said heretofore that ther
oould remember no enemies.
A Baapiio for Bsra.r.r AaSrawa,
Tbxnton. March I'M. -Gov. Werts to-day
granted a two weeks' respite to Oeorge An
drew, the colored wife murderer, who la sen
tenced to be hanged In Warren county on
April .". Andrews cut the throat of hie wife
with a razor at Waahlngton, Warren county,
in February. A petition containing the names
or some oi the Judges, the grand jurora. and
nearlr all of the trial jury has been prepared
asking the Court of Pardona to oommutethe
senienee to life Imprisonment. Chancellor
Mci.illla-t week refused to graat a writ of
error in the case, and the Governor has grant
ed a reprieve until April U'. In order that An
drew .'s counsel may preaent bla caaa to the
Court of Pardoas.
fan or (lis la'iltai Kavelatlee.
The member of the State Society of the
Bona of the American Revolution held a special
meeting at the Hotel Normaadia last night
Among the Itema uf bualnass passed was a
resolution raising tha annual duee from $;t
to $5. and another In favor of prohioltlng tho
11 ring of any foreign flagon any publlo build
ing It was decided to allow Presidents of local
societies to be ex officio members of the Hoard
of Managers. Mem .rials were put on tile re
lating to the -leath of Lieut I.elghtoo Finley
and Jainee F. Keen) . passe! surgeon. V. o. N.
TSa Ir. Partharat m alllasare (ailed (a
ihie Cur.
Him i mi ikk. March 28 - Tha Rev. H. M.
Wharton, pastor of tha Hraatler Baptist
hurch In this cltr. received a call to-day Irom
the 1 plphany Baptist (hurch. New York The
church offered him a aalarr of (7 500 per rear
aod a vacation of six month annually lie le
coital taring the proposition.
Dr Wharton is not Infrequently called "The
Dr. Parkuurat of Haltimore." He ha man
several trips through tba slum of tn cltr.
Hla denunciation oithe authorities bas bean
very vurorou
aVaolker Hllaaar Out Wait
Foht Bum, Kaa.. March -H. A Uiszardfrom
the North was: reached this part of Kanaaa to
day, the thermometer dropping to 9U above
zero, such fruits as were eft by the recent
cold wave are expecUd to b killed by this
one
Vaowdrirte la t siege.
i un vi. o. March "R Chicago was ia the em
brace of a aturm that seriously impeded traffic
and piled t be street a with deep snowdrifts line
result w.tn a boost to the wheat market. Mar
selling up cents froai yesterday's close and
-i ce. ts iium baturUay' 1 jest Ugurss.
i
- If you arsal lo tioi s atae. rooks a Jouraay with
Slai 11 ys sua. J tiuiv Coaan Doyla. tba aovaaat.
ssadtust-estaoia.. " Uicoa Uorae. -.aa.
DID NOT TOUCH LAIDLAW.
fOrmfiwi-om ) wgAl
that explosion which Inflicted forty-seven
wounds on yonr chest 7"
"I don't remember." the wltnee replied.
" You certainly would remember If rou had
to buy a new palrT"
If the wltneas anawered this qneatlon. hla
answer was lost in the laughter which the
court officer could not Inetantlr cheek.
Mr ( hoata next aald, "These clothes we have
seen here are you sure ther are the same you
wore that day?"
' lea."
Q ;v(n yoa knew A Tils seme ss ye weal
know Bay matter of tbst kind
wara yi raralllar with Id aaa rlottiss t A.-Ts.
sir.
V.-How leaf bad yoa hod tksm f A.-Oh. setae
tan ntha
u. -Had yon Bit ksd then three er ronr ysara
A -He
V Atrl wcr- tl rn (tally except na SandayaT A f
think not: they were oo heavy for aumtaer wear.
J. Inn f yen remember looking est or tha atndnw
that niornliir hn rou nt un 10 ae tf It waa rlondr
ao yon would know witttlier te wear an eld ami or net
A. 1 don't reineniher
g -Weil, lat that to. Kow, hew Is your f.nerai
health A. flotvt
v-cood as a man nf 77 eonld sspeet A Wall,
fond except tor my hesrinf.
" And that I Impaired to the extent demon
strated here on thla crosa-examlnatlon 7"
asked Mr. Choate.
The witness did not snswer this question,
and. after some more klndlr Inquiries regard
ing his health. Mr. hmiteliegsn an even morn
Intimate in iiiliy concerning the business ca
reer of Mr Huge. He learned that the million
aire wn born In Verona. Uneldn county, went I
tn Troy when he waa 1 1 year nld. and was in
business ther until lHf.M. when he came to i
H. la city.
u What wsa ynnr bnslneaa In Troy A.-Merchant
3. What kind or a merchant f A Uroesr. and was
afterward enseaed In hankies an. I railroa-J huitdtnir
there
Mr. Rage as a railroad builder excited Mr.
Choate'e llvelleat lntereet. He wanted to know
all about that ; the name of every mad he had
built or helped to build, and when he had done
this and with whom he had been associated in
doing it. Ha freiiuentlr Interrupted his tor
rent of t-ueatlone by explaining that ho did
not wish to a-k the witness any Impertinent
questions, but merely wanted to test hla
memory. Tho financier would somstlmos say
that to answer some Question he would have
to refer to hi book, and when the lawyer
would pretend great surprise that the wltnesa
couhl not remember even the names of roads
he had built, the witness said. ' Possibly we
might differ as to what Is aiding a road Home
I have aided oa a director, and aome only n a
stockholder."
"No. we won't differ: we will divide the
question." Mr. choate said. " First name the
roads you have aided In huildlnc as a director,
and then the roads you have aided In building
aa a stockholder." The witness either would
not or could not. and after worrying him with
n hundred questions on this line Mr. i hoate
finally exclaimed. " Well, we will let that go."
Next the cross-examiner brought the wlt
nesa to a consideration of his railroad build
ing experience after he left Troy and cametn
New lork. He managed, under the license of
testing the memory of the witness, to show tha
jury the Intimate financial relations which
had existed for twenty year between Mr.
Huge and Mr. Oould. and finally asked
the wltnesa how many road ba had
asi8ted In building In connection with
Mr. Gould as director or stockholder. After
snme very lively sparring witness thought
that ha had beon connected. In one way or an
other, with about thirty railroads, ' Name
them." exclaimed Mr. (hoate. The wltnes
named three and stopped.
" Them' twentr-seven more," aald Mr.
Choate. looking at his list. "Please hurry.
You do business much faster than thla In your
office, (loon."
Mr. Sago said something about a number of
auxiliary roads that had been consolidated,
and roada that had been merged, and unim
portant roads whose directors met very eel
ili.m. and again said aomethlng about refer
ring to hie booka.
" Your books have nothing to do with what I
am irvmg to determine, which la a queatlon of
your memorr." Mr. t hoate said.
But the witness continued to spar, and at
last Mr. (hoate eielalmed:
Now la It not true that rou have millions
and million, ni dollars In roada that you have
cot named here I"
All of the counsel for the defence were on
their feet objecting to this queatlon. and Mr.
Choate withdrew the question and added
"Now. you can't remember, and won't you
please aay so?" The witness would not say
ao. and Mr. Choate exclaimed, "Wall, I give It
up." and next asked: "ou aay you area
hanker. What kind nf a hank do you run 7 Ia
It a bank of deposit " i ne witness said ;t
was not and neither was it a bank circulating
notes, "sometimes 1 have money to loan,
he said.
"Oh. you are a mnney lender, i ou buy puts
and calls nnd straddles r" The witnoss said
that he dealt in those p.lvllegea
"Kindly explain to the jury just what puts
and calls and straddles are." the lawyer said
encouragingly. The wltneaa anawered I
"Ther are meana to aaslst men of moderate
capital to operate."
A aort of benvolnt Institution, eh?"
queried Mr. Choate.
"It is in a sense." Mr. Sage replied. It
gives men of moderate means an opportunity
to learn the methods nf business "
" Do rou refer to puts or calla?"
"To both."
" I don't understand."
"I thought you would not," remarked the
witness with a chuckle.
Mr. choate affected a verr puzzled look and
asked, slowly: " is It something like this: they
call it. and you put it? tf it goes down, they
get the charitable beneflt: but if it goes up,
you get It'''
The witness answered simply: "I only gt
what I am paid for the privilege."
"Now. what la a atraddlef" Mr. Choate next
asked.
" A straddle." replied the wltni. I th
privilege of calling or putting "
iv by. exclaimed Mr. ( hoate. wltn raised
brows, "that seem to me like a game of
ebance"
"it's a game of the fluctuation of the mar
ket." "That's another way of putting it." Mr.
("hoate commented, look Ing as If he did not In
tend a pun Then ho asked: "The market
once went very heavy against you in this game,
did il not ,'"
" Yes. It did." the witness said.
"That was an occasion when your customer
could put . but they could not oall. eh 7"
Mr Aage looked aa if he did not iinderataad,
and made no reply. Mr. Choate then added:
"Did you not. then, have to barricade your
officer'' The wltneas made some reply not
whir audible eoneernlng a party of Haiti
more roughs who made a row about his oflloe
for an hour when he refused to admit them.
This branch of the question wa left In that
vague condition, and the cross-examiner
opened a new subject by unfolding a three
column clipping from a newspaper whlih waa
headed "A t hat with Husaell baga."
Q Tha reporter called on yoa aooa after the explo
sion? A. Yes.
O. One vlallad yonr hunse I A Yes.
(J. -0 it yoa read over a-hal ha wrote I A. -No.
(J Duly us read Una arter it wsa prints f A 1 ka
lis a 1 did
g 1. it correct A. Reportera sometimes drew oa
Ibsir tois luatloa.
It developed that tha article whleb Mr. Choate
referred to waa written by a grandnephew of
the witness, vv hen It had thus been Identified
Mr. Choate again asked the wltn if th arti
cle was correct
Col. Jainee exclaimed: "Are you Baking him
to swear to the correctness of an article from
that paper .' Nobody can do that
No " Mr. i hosts 'luicklr responded; "lam
asking him to point out Us error. Anyone
can do that."
This,' said Col. .fame. gravely, "la making
a comedy of error"
The witnea I roke in upon this little re
laxation with the remark: ' The reporter who
wrote that wa only In mr house Ova minutes.
' Indeed." exclaimed Mr ( haute lu astunlah
ment. waving the three-column clipping, "he
got a great deal out of you. and that Is more
than I have been able to da
It was then agreed between counsel tht Mr.
Choate should read audi portions of the article
as he selected, end ask tho witness regarding
the correctness uf the statement to which hi
attention should be called.
The very first extract road developed a nice
point it referred to a few cuts which the re
porter had observed on Mr. :age'o face " made
Lr glass" Mr. Choate was very anxious to
know all about this. for. If the injuria to Mr.
huge's face were made by glass. Laldlaw's
counsel will argue that those lujurles were re
ceived wbeu Mr. bage wa thrown In th
th-oris on th floor, and ware got rooelved a
Laldlaw's were, directly from the particles
ahot out from the vailoe containing tho dy
namite. They un thus still maintain that la d
law acted as a shield to the defendant, but
Mr. Hage was not certain that the injuries
were so received, aod In a little sparring which
ensued it came out that the reportorial grand
nephew is now in otorado employed by the
Missouri Pacific Hallway.
'That," remarked Mr i hoate. "le one of the
railways ol which you are a director, and you
are paying to keep your grandnephew out
ther
The next extract read waa a follows " Mr.
Hage looks hale and hearty for an oil man;
looks good for many years of Ufa raft "
" is that true I" asked Mr. I hoaie.
The witness replied . " We all try to hold on
a long as we can."
" Un speak for rouraelf when rou sar. ' Wa
II try to hold un to all that we can' "Mr.
( hoate commented hut Col. Jauii remarked
gravely. ( ouosel has mlatiuotea the lines
He said. ' e try to hold on as long ' "
Mr. t-ioge was next aski d if the article wa cor
rect when it referred to him a look ing like a
Warrior alter the battle He thought the state
ment overdrawn Th article referred to
Mr reg'a having shaved himself that morn
lug which was three days after the siplosb.it .
and alien he had read that Mr ( hoate s-kd
" Hid rou hate acr w un Is at tha' time that a
viatorcouil ee 7" The witness replied that
both of his nanda were then t andaged.
How did you shave r'ursetf then, with your
feet?"
The lawyer then read something from the
articlo which pretended to give Sir oage'a
version of bis first meeting wub the bomb
threw, aad it did not oorteapoad with th
taailmenv the wltaae had int given In dtre
examination
The wltneaa aald, "My testimony to-day la
mnre accurate than that article " The lawyer
reapnaded. O, I have not got to year testi
mony of to-day yet I don't know what It la .
"Then your memory I worse than mine."
tha witness responded with great satisfaction.
Mr. Choate continued reading from the dip
ping until he reached (ha point where tha arti
cle repot ted the defendant as baring said that,
a he hacked away from the dynamiter, he
had linked around to ee where hi clerk.
Norton, and laldlaw were. Mr. ( hoate want
ed him to explain that statement In view of
his direct testimony that he had never taken
hi eye off the dynamiter after rending the
tetter and until the explosion The witness rose
frnm hi chair to demonstrate something and
aa he dlil so ev-Attornay-Oenerai Ilrlstowtook
a seat on the bench by the aide of Judge Pat
terson. Tha witness faced the jary and leaned
his back against the corner of the .fudge'
desk, and while Mr. Choate held thedlnaram
of the office expnsed to the iury. Mr. Hage,
with an unusual amount of animation, said:
" It waa Ilka this: I sw Nortross as I ss
you now. and. without losing sight of him, I
could turn my eye nnd see where Norton and
laldlaw were, as I can sen the first four juror
while still keeping you In view."
Mr. Choate put his pencil on the point in the
diagram where tho desk was designated, so
that the jurr could aee that the witness had
atood at one corner and I.aidlaw on nne side,
and then Mr. Choate exclaimed auddealr to
the witness
"Can ynu now see Judge Patterson and Gen.
Brlstowl"
' No." replied the wltneas. wheeling around
"I t nought not." aald Mr. Choate In triumph,
and they occupy exactly the aame relative
position to yon as you face the iury. as, accord
ing to ynnr own testimony. Norton and Laid
law did when you faced N'orcross."
The wltnesa took hie seat again In some eon
fusion, but he waa not further subjected to
cross-examination, as the dar's adjournment
waa then taken.
The teatimonr In the morning acsslon waa
not of much Importance. Laldlaw wns first
recalled to give a morn particular statement
concerning the exact lo ation of the four men
In the ofilcn at the time of the explosion.
After that counsel agreed to the reading of the
testimony given at the forme-trial on behalf
of the plaintiff by Dr. A Ik Whitney, who 1
now out of town. Mr. Jessop, junior counsel
for the plaintiff, read the report of Dr. Whif
ney'a direct examination, nnd waa proceeding
tn read his cross-examination when Judge
Pnttereon suggested that that be done by Col.
.inmes. The Colonel politely responded (hat
I he wss satisfied with Mr. .lesaop'e resiling.
but Mr. Choate refused to deprive the jury of
I the advantage of hearing the Colonel a deep
buss tones, and with theae charming ameni
ties the fmnlllar medical testimony was read.
Dr. Denis Hheehy of Ht. Vincent's Hospital
repeated Irs testimony given at tha former
trial During this examination Col. James
thought to ninke It appear that Laidlaw'a loss
of hearing In his left ear wa the result of the
concussion, and not of the wound Inflicted
near that ear. Witness had said to Col. James
that, in his opinion, a man standing In tha
presence of an exploeion of ten pounds of dyn
amite would be likely to receive a shock that
would Impair his hearing. Mr Choate asked
what the effect of such a wound in the head as
Laldlaw received would b apt to he In re
spect to the wounded person's hearing. Col.
Jnmes objected lo this question, and the Court
remarked thst It was adangeroua queatlon
' Ihingernu to thd patient ''" asked Mr ( hoate.
' Uaogerous to everybody." said the Caurt
Dr. William A. Moore, an ear specialist tea
tilled that Laldlaw could hear the ticking of a
watch onlr when It was pressed against his
lett ear. but In his right ear could bear it a
distance of four feet
" How far can a normal ear hear tha ticking
of a watch 7" asked Mr. Choato.
" Forty-eight Inches." replied the specialist.
'I his simple reply caused n temporary ces'B
tlon of all court proceedings. All the counsel
took out their watchva and began testing their
cars, and even the dignified Judge made a
suspicious movement toward his pocket Tha
aemor aounael, not being able to estimate u 1 1 A
eight Inches, engaged each other's good offices
in holding watches at that distance from ench
other's ears. Nona of the counsel but roung
Mr. Jeasop paid any further attention to the
witnoss, who waa finally released, and Mr.
Choate, regretfully putting away hla watch.
announced that that constituted the plaintiff's
case.
fol. James th n moved to dismiss the cat
on the following grounds:
I irai Hecsuss itie plaintiff baa proved that hie la
lory waa caneeil by the unlawful act of Moraroes la
er'lii'!nr tt.e dynamite, anl baa not proved (oat tba
i.si.nilsnt was in any way aocaaaory to aatd act, or re
aponalhta tborofor, or oonnactsd uierewttb.
Heeond Heoeuae the plaintiff baa not proved tbst tbs
defendant was guilty of any wrongful aot or ouiia
alou of duty toward blm.
Third Racaaie plaiatlg bsa not proved tbst he sus
tained anr Injury in consequence of lbs alleged cun
ducl of th defendant.
Koorth Because tbs plaintiff baa failed te prove tbal
the alleged enadiict of the defendsat waa a proximate
canae at bla Injury, or an adtaleut csuas. witboat the
operation of which tbs injury would aot have hap
pened. Klltb-Bacanaa the evidence falla to ahow that tba
plaintiff weuld not hara anal alneil equal or even greater
injuries If hehsd remained in the poaltlon where he
teod beloe aba defendant a alleael luisrfsrsnos with
blm.
hlxth Bsrsss the defendants enndoet. aa described
bv the plaintiff does not prove any wronfful Intent or
purpose on tba part ot the defendant, and aurh intent
or purpose must ha sfflrmallvely established by evi
dence, and cannot be be left to conjaetur or aurnttae.
haeenthBeeanae plaintiff haa not proved facta auf
flrlent to ronetltute a cauaa or action.
Klg bib heeena tha evidence la not anfflleant to en
title tbs plaintiff to bav tbs eaae auDinltted to the
Jsry.
Judge Patterson overruled the motion, and
the defence noted an exception, tho flrat ex
ception taken In the case.
Lawver Taggert then came to the front and
opened the case for the defence. He atatad
the case very much a, ts reported above tn the
substance of Mr bago'a direct testlmonr.
Then Inspector McLaughlin waa called as the
flrat witness tor the defence. He waa Captain
of the old slip precinct at ilia time of the ex
ploeion. and told of the wreckage oLathe office
as he found It a few minutes after tha ex
plosion. The same character of teatimonr
waa given bra clerk In Mr Hage' office, who
waa luckily absent from tha office at tha time
of the exploaion. but returned there a few
minute later. Mr. Hago followed thla witness
on the stand. Tha caae goea on to-day.
ARBKBTBD ON AN OLD CHAHOE.
Few-tag laepeetec Mrl skill Ilctg aa the
Streagth of I.acv Mack's Aceaeaflee.
Henry McCahlll. an Inspector of paving in
the Department of Public Work, waa arrested
yesterday mornlag at hla home, 302 West
Fifty-second street, upon an Indictment for
asaaultlnc Mra. Lucy Mack, colored, ot 02'J
West Forty-fifth atreet. The assault 1 aald to
have taken place nearlr three years ago. Mr.
Mack alleges that MaC'ahill.who was a member
nf a political olub having rooms on the ground
floor of the house in which she lived, called
upon hsr several tlmae to see about hiring
additional rooma for the club. The offence.
she says, wa committed during the third oall.
She complained lo the police but McCahlll
waa not arrested until several months ago.
when she mot him In the street. He was ar
raigned In the Vorktllle Police Court, before
Police Justice Burke, and after an examina
tion was discharged. Hhe then took her com
plaint to the Grand Jury.
M in hill was arraigned before Recorder
Hrarth in the General iseasiona yesterday and
pleaded not culltr. The Kecorder fixed ball
at $.".mki. la default of winch the prisoner waa
committed to the Tomb to await trial.
The H. A O. Wets a U.SllS.Od I.asa.
BaLTIHOBB. March I'M. The preaent firm
ness of Baltimore and Ohio stock Is due to the
auccess In the negotlationa for a lean of
f.'i.UOO.UOU. the moner to be used In continu
ing th improvement in tb equipment and
road bed and tba completion of the extensions,
for which an Increase of ten millions In tha
capital atoek waa made three years ago. A large
part of this money was uaad to purchase the
Pittsburgh aad Western and bring about a
consolidation with the Ohio and Mississippi.
Part of the loan will be devoted to the pay
ment of the coat of building the State line
branch, from Falrmount. W. Va., tu onnslls-
Hie. Pa., connecting with the Camden system
and opening up a direct route froui the coke
and soft ooal regions of West Virginia.
As a Theagh Ha Wire Collector.
Edward Oroase. whoae nomination for Col.
lector of Internal Rvnu In th Third Dis
trict I hung up in th Senate awaiting con
firmation, la becoming diguted with the sit
uation He said yeslci lai
" Although I haven't got tha place. I am
treated by the plac- aeekera aa though I had.
I have to give up several huui everyday to
Interview with man whovant appointment
In tha Collector' office I am subjected to
moat of the annoyance, with none ol th emol
ument, of the place "
FLINT'S FINE FURNITURE.
NOTICE.
mrilBMaTHiB DKSIBEDas te lha whereabout of a
peraoa 41atladd wl'.h our turn. lure. Will mate II
right wub him. Tata so much palsa lu selecting ma
lanolaaad a uaXiaf thai ws caul afford uuull
diaappouituif
Oar in Bag llsb-Chlpsaada a. Sherelea. Adema
chair sivea. aad asrs wiiit its oeaauiui hocks far
wkic ISs etifiaa . ware aoisJ. are very allracllva
Delicately served by head. Try lham and always
ttieieellexyau will
"ill THE MAK.EJJL-
GEO. C.FLINT CO.
1HIMOMM -...
THE WRECKED KEARSARGE.
mm covnr mammal nmtnnuAT-
TA0 ON A TKHOtCT.
Th flews Take ay lh Prsaeeailst fMBeer
tm Whleh He ataeee Hla rseisiies
rf I savtellss t'eavaasfar Heyewaee.
Th court martial of Commander Oacar F.
Heyermaa for the loaa of the corvette Kear
aarge Feb. 'J waa raeomed yesterday at tha
Nary Yard In Brooklyn. Commander Crownln
ahleld Identified hla testlmonr of th pre
ceding day Ideutennnt-Cnmmander Maris
raid that Commander Heyerman had not re
ceived from the Navy Department the copy
of hi Ulerermon'ei record In aeeord
anee with hi request, but that th
accused waa willing to proceed. He then
read th defence and final etatement prepared
by th sec a sod officer. It waa in part aa fol
lows: " That I should be accused ot having through
negligence suffer.! a vaa1 of th navy to run
upon a reef and be stranded waa a complete
surprise to m That I did not steer a course
that took me clear of Roncador Heef la un
doubtedly true, land I equally acknowledge
that there wa plenty of aaa room to tha north
ward for ma to do so had my judgment dic
tated that auch would be th proper method of
navigating under th elrcumtnce. But
that I neglected or failed to do ao Is not estab
lished by on word of testimony. If that la
negligence, than muat a man he held negligent
for evet r aet of his Ufa whleh is not followed
by favorable results."
The Commander disavowed any desire to
throw blame on anyone elae. ss ha waa re
sponsible for every course steered br the ahlo.
He gave an account of the manner la whleh
the Kearsarg bad been navigated, and eon
eluded with a declaration of hla confidence
that, if tha court should find that he had erred.
t would b in judgement only, and In de
gree, less than bad been charged. He, how
ever, had atill greater confidence that ba would
be acquitted.
Judge Advocate Keller then began reading
the Government's side of the ca Ha aald
that " from the beginning the prosecution la
willing to coneede that Commander Heyermaa
did not neglect many of tha duties Imposed
npon an officer of th navy In command of a
ahlp about to approach land or danger, nor
that any of the testimony showed the desire
of the prosecution to Impute the claim that
Commander Hayerman carefully considered
the waters be had to traverse. The proof
of his negligence rested In the fast that
when about fifty-five milea north aod eaat
i ot Koncador ha shaped and maintained
a course which lay cloae to a dan-
fierous ref. Furthermore, that th neg
igence became culpable lnefilaienoy In
the performance of duty. when with full realiza
tion of the danger to be avoided. Commander
llevermnn failed to Increase tha apaed of hla
vessel, ns he might hsve done, so that llonoa
dor might have been sighted In broad day
light: and what Is more, the gravity of tha
offenoe Is accentuated br th 'net that when
the dlstanoe from an assumed true position of
the ahlp to the position of imminent danger
was with acourate Instruments recorded, and
though aware of the difficulty of sighting the
danger to be avoided, ha did not. before dark
ness fell, haul off to aome aafa course in tba
clear water to the north."
The closing statement waa:
" This disaster was due. ao far as the proae
eutlon may read between the lines of testl
monr. to skirting a dangerous reef in tha
dark which even in broad daylight was a men
ace to navigators due alao to a queer per
sistency which maintained a course that up to
noon. I ah It. was einectel to carry a vaaaai
aa'ely around the north edge of a bank seven
miles In extent, and which, after 12 '-fi. was
with equal safety, expected to carry a vessel
around tha north end of the aame danger.
The failum to sight tbs reef In its assumed
position before darkness fell, aided and abetted
by this neglect, fortified the sad chances
already threatening the disaater.
" 1 mall v. crowning mishap with mishap, tha
holding of a course in the neighborhood of a
dangerous sboal because the only aaaurance It
had yielded ot safety was that at aunset no
land-fall had been made of a danger,"
After this the court was cleared for delibera
tion on a verdict The proceeding of the court
in such a deliberation is, flrat. a discussion of
all teatlmony. Than the flrat specification is
taken up and the junior officer Is asked by the
president if it is proven, not proven, or proven
in part. Th next officer in rank is aaked next,
and so on until all havs wrltea their nrlnione
on paper and paaaed them to th presiding of
ficer.
Next follow the question aa to whether the
defondant Is guilty, not guilty, or guilty In a
leas degree of the llrst charge. Then the next
charge la taken up. When all theae answers
have been made the eourt proceeds to the
awarding of punishment, taking the least pun
ishment for the offence, and asking the officers
In turn, always beginning with the junior, if
sueh punlahment fits the case. If not. tha
next heaviest punishment Is taken, until a
majority agree on nne punishment This Is
the finding of the eourt. and it is forwarded to
the Navy Department with the sentence writ
ten out.
The trial of Lieut Lyman will no doubt be
gin very soon, lie reported yesterday to Ad
miral OherardL
Ws.miin.hun. March 28. Secretary Her
bert bas no additional news about tha
failure of the Boston Towboat Company to
win the $:i.'.tKJO premium for bringing the
hearsarga Into Norfolk, beyond that In
the cable from Havana, except a brief de
spatch from Lieut Force, the Government
representative on board the wrecking steamer
tit ion. saying that he had saved aome relics
of the old ship, and there wa nothing else to
recover. Secretary Herbert 1 itrongly of the
opinion that the name of the wrecked ship
should not be lost from the list ot American
vessels, and upon this point expressed him
self with considerable feeling saying:
"I think it would be well to have the next
battle ship authorized by Congress named the
hearsaige ( ongresa can put In the bill, when
it aulliories another ship, that It abould ba
named the Kearaarge. The rule has been
adopted, and probably ought to be adhered to.
that battle ships should he named for the
States, and ao far thla rule haa been complied
with If an exception, however, ahould ba
made br ao act of Congress, and an authoriza
tion made for building anotberKearaarge.lt
would go aa far a anything el I know of to
make reparation for tha loas of th historic old
ship."
Tb wrecking oompany will be amply remu
nerated for sending tha Orion to Honcador
Reef. In addition tO the hiirh lirlces thst can la
secured for relics. I'nder the contracts (HSOU
la to be paid br tbe Government whether tba
compear failed in ita undertaking or not. pro
viding proper and diligent effort waa made to
raise the vessel. The legal officials at the Navr
Department have no doubt that the company
haa compiled with all conditions necessary to
secure this sum.
Ilai tim. m. March 2R A letter from the
master of the schooner Frank M. Notes, dated
Bluetlelds. Nicaragua, March lit. aays tha
achooner passed the wreok of the United
States steamer Kearsarge on Roncador Heef
on March il. The war ship was high and drr.
There were Ave schooners around the reef and
wreckers were stripping the ship. The Ksar
sarge's main and mlzzen mast and amoke
atack were then atill atandlng. The Nor
passed within three milea of the wreck.
Where Teeter-aar'e Fires Wara.
a. M t -no. SIM East Forty seventh street, aeraard
Campbell, damage loO, 7 30. ZB2 Klvtaftea atraat.
Bamuel hhasr. dsmag sushi. 7 SO. 2ul balaacsy
street. Mrs I. LiahaDateln. damage alight HOCL
ihlmnay lira, 14U Waal Twenty eighth street, ao dam
ags. rn-im 1.1 Waal rtfly-thlrd street. Mr Jam.,
h.roe damsf. t-'iV J ( 5sU Waat 12tllb alr.sl.
Isaac EdIUfar, damage tlOO.
Th Ht.ltsr.
Tha eeld weather liagered ever the Attaalle aiataa
yeslerdsy morsiuf. aad freelu tsu persist eiteuded
south to Montgomery, Ala kli.it,, tresis war reported
rrom Usurgta aud lbs c'erollaae. During tba arisrnoou
lb cold wsa greatly d.aelpated. sad lodej abould be
warmer la all tba coaai Slates.
There was a storm central over lava. Illlooio. aad
Vtiecooela. moving uortbeest. 11 was atlauded by high
winds, blow ins at a velocity of 40 mlica aa hour at Cbi
cat. There wa saow la ludieue. gichlgea. Iilluuis'
Iowa, WUconaln. abd Mluutauta Tba etorui ta crowd
d by an area r high prraaur. aud aoetber cold wav
oral lbs Northwest, whleb 1 pushing rapidly south
ward sending freexlug weslber Into northern Tsaas
I'sir. warmer weslber prev sued lu Ibte city . the off!
cial tampersturs rougcl bt-tweeu 24 aud 42-. averf
humidity, lij (.er cntt . u..l ftoutbweet. average te
lociiy leu milea an hour, barometer corrected lo read
to aaa level at 8 a. at. m.ou. 3 P. M . ao 47.
Tba thermometer lu Perry a pharmacy 1 Taa Sua
build f recorded the temperature yesterday as follows
IB 1 1. JJgg 189,1 jsss
SAM Do' I7e S 80 F M SB- !
M SI" 27- d F M .UP Jw
U M . J2 ! P M . .82- '
11 .MtMJMId SO 3;s
Avsraaa Saw
A.tras-s oa March 2e le4 S34'
.taaiaaaas sagassB roa Ms-tsa.
For Ve Xseasl ssd suetsis Ass fork. erWsVk ekew
M ' ' a'1-rse. O.Ik trpids, gigAd tsarmer.
For the bieinci of f. lumhlo. lulus reaaaylvsal.
New Jersey. Helawore. Msrylsad. aad Virginia, preti
sbl) lifblabowara. sosib winds colder Frid) moru
la or weetera I eunaylvauia. ahowsra colder te somb
er a portioa eoath wis, becoiaiag aouiaaaai
far assist a hew task, aaew Banks, ri'luil I
Joy Inexpressible
Another Boy's Life Saved
Health Blighted by Scrofula and Nip
Disease.
Perfect Cot. HappfneM, aad Health fli
hy Hood's Sareaparllla.
-a sal W A i 1
f i'Hf r"xvG'lg
Oeorgts Murphy
Eieter. N. H.
"C. T. Hood A Co.. Lowell. Mae:
" I cannot praise Hood' Harapatilla eaongfc
for what It haa done for my bey. dome fear
rears ago, when alx roar old. 0onr waa at
tacked by hip diseaee In hla right leg. Wo ha4
to gat him a pair of erutehee. with whleh ha
waa able to move about, but became badly do
formed. We bad to have hi right leg leaned
juat above the knee. In a few weeks a secoaa
or broke out. both discharging freely.
Agonizing pains afflicted him. ha could aot
boar to be moved, hla growth waa stopped aad
He Was a Mere Skeleton.
"H had no appetite, and It waa bard work to
make him aot enough to keep him alive. A low
weeks later w had his hip lanced, and follow
ing thla live other eruptions broke out. asaklag
eight running sores In all. We did all wa
could for him. but be grew weaker ererr day.
although we had three of the beat physlclsna,
As a laat raaort w were prevailed anon br
relatives who had taken Hood's Saraapartlla
with beneficial results to give tho medicine a
trial. W got one bottle about th lat of
March. 1802, and ha had taken tha medlaino
onlr a few days when his appetite began to
Improve. When he had taken one bottle ho
eould move about a little with his emtehaa,
which he had not been able to use for the pro
ceding three months. We continued faith
fully with Hood's Saraaparllla, and la ala
months ba waa
Able to Be Dressed
ana go about tha houaa without th crutches.
Be haa now taken Hood's Haraaoarllla regu
larly for eighteen months, and for the past six
months has been without the crutches, whloh
he has outgrown by several Inches. Tb soroa
have all healed with the ereeption of one.
which ia rapidly closing, wuljf ' tie soars and an
occasional limp remaining as imlndereof hla
Hood's?3 Cures
Buffering. Hood's Saraaparllla In bla eaae ha
truly dona wonders, and he la dally gaining
In flesh and good color. Ba runs about and
rlays as lively aa any child. Wa feel an lnz
preselble joy at having our boy restored to
health, and we always speak in the highest
terms of Hood' Sarsaoartlla." Mrs. HENBY
W. MURPBY. Kxeter. N. B.
If nod's Pills are prompt and efficient, rot
oaar In action. Sold by all drugglsta. 25.
Rows, (Tarriaiiri, ftc.
AT KEbLOUO'-l SALB. To be sold on rRlDAT. Marsh
SO. 1S04. tha great alalllon NtlmilKI,!.; re air d
2 1131s. owned br r. a HsOeoek. ran beat 2 20 It
haudls d. la one or ths east road horses la New Toeh.
aad le hrsd at tha gaesi aad a ear tool getter.
CAVBBT IN XHK tTKl.lt If MOUNTAINS. I
Neighbors er the FaBtaae BaoaarO 1st ills
Arrested lap Hurglsri.
LkHCkBTga. r March 28. For several day
and night a party of police officers have
been scouring ths notorloua Welsh Mountain
In tha eastern end of this county, the homo of
the " Iluz.ard Bandits." In aearch of tha men
who recently broke Into the Pennsylvania Rail
road station at Cedar Lane and earrlad off
everything within sight. Their search wa re
warded late last night and to-day Detective
l'y le and Kennedy of tha Pennsylvania Ball
road police and Constable Pyla of thla oitr
returned to Lancaster, bringing with them aa
prlsonera Cyrua Sandoe, John Pattoa and
Isaiah Loekhuff whose homes on tha moun
tains are near Mart Buzzard's.
Tha arrest ot Sandoe and his companion '
waa effected In the night, as are most of tba
captures tn the Welsh Mountains. Sothor
ougbly organized and apprehensive of arrest
are theae men that It la almost Impossible ta
catch any of tbem hy daylight They keep I
aentlnels posted at the more exposed pleeae
la the mountains, and the women and children
of the families are as sharply on the alert for
the approach of a stranger aa the keeneat-ayd
member of the band.
The operations of the mountain thieves la
the eastern end of this oouutr and the adjoin
ing county of t Mgtai have been numerous
during the last few montbs. and the exploit
for which Sandoe. Patton. and Loekhuff have
been arrested was marked by a boldneea
worthy of the days of Abe Uuczard. William
H bwelgart besldns being Postmaater ana
station agent at Cedar Iane. keeps the flour
and feed store all in one building, upon whloh
th robbers made their deacent One night
last week the establishment wa broken Into,
the burglars effecting an entrance br removing
the panel of the door leading into the waiting
room. Finding the door entering the ticket
office locked, they removed the stove that oo- l
cupled an opening In the partition between I
the two rooms, and through that rolled the
safe from the office to the waiting room, there
blowing it open. They robbed it of every eut
Th af waa a complete wreok. Lettera la
the Poet Office wer opened In the earh for
money, and the thieves finished by carrying
off several bags of flour. That aame night
bpangler's mill, a mile aad a half south of
Cedar Lane station, waa robbed A hoof mark
of peculiar shape, showing the direction the
robbers had taken, led to suspicion against
bandoe. Patton. and Loekhoff. The trail waa
followed, and the men were surprised at night
and captured without trouble. Ther are new
In jail, aad will have to answer the charge of
robbing the lulled States mall as well aa th
other charges.
Thlr-aa Care faaeed Over Hsr Bsdr.
Mlsa Sophie Yoet of Llndenburat L. I . waa
Inatantly killed by a freight train on tha Isaac
Island Railroad yeaterday morning, while
croaalng tba tracks. In that village. Hhe waa
on ber war to work In the vulcanite rubber
mills near her borne. The entire train ot
thirtr-flve cars passed over her body. Mlsa
Yost was lu yeara old.
Mothers,
when nursing babies, need a
nourishment that wilt give
them strength and make
their milk rich.
Scott's
Emulsion
the Cream of Cod-liver Oil,
nourishes mothers andmakes
babies fat and healthy. Gives i
strength to growing children.
Physicians, the world over, en
dorse it.
In't bi iecthtf by Srtstttitn!
r.H4 b Ht ft. If . 11 r-
jlsallll iM M-aB-1 I - " .