OCR Interpretation

The sun. [volume] (New York [N.Y.]) 1833-1916, October 05, 1898, Image 1

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

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83030272/1898-10-05/ed-1/seq-1/

What is OCR?

Thumbnail for

ossbbW M- J JsW TfjHn rJW JV W W Sbowers; cooler; variable wtads.
'- . ;. ...... , ., ,.., ,ji
fg noosrrxi.T TAX OASB,
, to 0 J"a "
" fn MinBesldeut-C Clumsily la
rllnr.1 on the Beord So That 7o ru.i
AFr.red Aflr Only 7 Teee for CtMi
fi,lneiy r.ntered Had Been IoUd
r., fald lo tha Comptroller and Bo
l jt.d for by Him-Violation of tha Coda
Tk,l Are Hot to Ba Paseed Lightly By.
Th, Tammany officials, who plottomanu
' ,urreptltlouly a Snprem Oonrt order
"rlng Col. Theodora Roosevelt, Repub
Mi) candidate for Governor of New York, a
llldent of the Dlstrlot of Columbia, wu ex
l on Monday In the Bupreme Court by
JZi Boot, were In a eorry plight yesterday.
hch had different explanation that didn't
.inliln why It wa that Col. RooeTelf ottor
' ', dl j not know, until they read the ioio
Journal on Saturday morning, that on
L Special Term calendar for Monday
lid been put the certiorari proceedlnir.
broaibl by Col. Roosevelt' attorney.
lMl, he was fighting In Cuba, to review the
uMMmtnt of hi personal estate for taxation
In thio etty. Assistant Corporation Counsel
John N, Word, who managed the plot for Tam
many' le't town after the argument before Ju
M Dalf on Monday, and will stay away until
at norm blows over. The news that the Tam
aany Receiver of Taxes In the Stewart bulld
tajhad actually given Col. Roosevelt a receipt
(or 1905.28 " lor taxea. 1808." Quite (tanned
The Democrats manager, knowing that any
further open attempt on their part to prove
Col Roosevelt anything else than a citizen of
) Vork would be futile, decided to ne the
Tammany officeholder in the Court House in
nrrring on an underhanded scheme. Tha
plan was to put the Roosevelt tax case on the
Supreme Oourt calendar and actually take tha
cue into court without a word to Col. Roose
tslt's lawyers. Not only thla. but it was
their purpose, ao CoL Roosevelt's friends have
food reason to believe, to withdraw opposition
to the certiorari proceedings and try and get
in order declaring that Col. Roosevelt was a
resident of the District of Columbia, and there
i lore could net be taxed in New York. At once
the VmVfrck campaign managers would have
raised a treat hue and ory. spreading broad
t, east the statement. "The Bupreme Court of
! Nswtork finds that Col. Roosevelt la not a
citizen of New York." Before the wrong could
bars been righted the Republican candidate
Bight hare suffered great injury. That this
fraud was not perpetrated. Col. Roosevelt haa
i . thank his watchful attorneys, who wars
looking out for Tammany tricks to defeat him.
Ililm Root, however. I not through with the
Ditter, and when the case cornea up again on
Monday before Justice Smyth the Tammany
schemers may be made to squirm.
The "doctoring "of the record In the Special
Term cleric 'aoffloe in the County Court House
Is too plain to be mistaken, and cannot be ex
plained. a some of the Tammany sohemota try
to explain it. as "a trifling Irregularity."
0ns man says that the mlxed-up con
dition of the record Is the fault of "an
Inexperienced clerk." Another man says
that the "inexperienced olerk" had noth
ing to do with it. and that tha record is all
right anyway. Mr. Root. In court on Monday.
de-lam! that tha Roosevelt ease was put on
the calendar without any record being made In
His court to show a filing of the note of Issue.
Assistant Corporation Counsel Ward offered to
to to the record t pi ova that Mr. Root waa
wrens The record la now there, and how It
earns there Is an interesting story.
In the Special Term clerk's record of tha
(Hug of notices of Issue the Roosevelt case
had nut been recorded on Saturday, Oct. 1.
r.or could Col. Roosevelt's friends And
sny record of any kind In the offloa that tha
notice had been filed. No one In the offloa knew
anything about It. Now everybody knows all
tbout it.
"Why. of course, you can see tha notlea of
Issue.'' said the clerk yesterday. "Her it Is.
You see that It is stamped Sept. 21, 1888, and
is numbered In red ink '215.' I remember
very well when Mr. Ward brought It In and
paid the fee of 13."
"This has been here since Sept. 21?"
"Of coarse. Where should It have been ?"
"And Is there no other record of the filing of
the notice?"
" None at all. Isn't this record enough ?"
' But there Is another record, although tha
clerk declares that the other record 1 his own
Write record of the filing of notice of Issue,
kept by him as a memorandum of fees received.
On Saturday, Oct. 1. tha Roosevelt ease was not
en this record. Now It Is. In this record. In
the first column I the number of tha case. In
'the second the title of tha case, in tha third tha
Plaintiffs attorneys, in tha fourth tha defend
ant a attorneys and In tha fifth the fee.
Case 213 it that of "Tha People against T. Is,
feltosr (the President of the Department of
Taxes and Assessments); Hawk F J.
"halsn;t3." On Saturday. Oot. 1. case 214
nd 215 were the same as 215. the line being
tiled out with ditto marks. But now the rec
ord Is different. In the line following tha
lumber "215" has bean Inserted, after
the first ditto marks. "Theodore Roose
!"" the ditto marks under "Hawka
, ." have been erased and "Roosevelt A
aobbe" has been written In. In addlUon
thla, between the line following tha number
a and the line following tha number
'Is." have been placed a line of ditto marks,
"3" has been Interlined In the fee
Ntoaa. This Interlined case, which was No.
". the last of the " Hawke and F." eases ha
ws the number 215 was given to the Roosevelt
. has now no num ber.
On the page on whloh thla " doctoring" was
one are forty-seven recorded cases, although
r DUBbering accounts for but forty-aix. The
"n of the fee column Is reoorded as $138.
"''hough the correct footing is 141; and at
J end of the record the recorded footing for
W numb red case I 1825. and thla Is the
"ajjunt of the attachod receipt from thoComp
f 1)ut "ie amount of the Comptroller's
"llt should be $828. if the clerk turned
er the i tee received from Assistant Cor
miloo Counsel Ward "on Sept. 21," when
Si "' lMU9 ln Koosevelt case waa
'1.Booeelt's attorneys ask why It was
lll doctoring " of the official court reo
m had t be mudo if the notice of Issue was
J 00 Bept,2l. Without wishing to doubt
rd of the clerk, who suddenly remem
hoL, 1L"ut ""' '"'"K of the notice. Col.
shiT k " UUoruo' sre lod to believe, from
sau T"1""0 learned in the County Court
ih.i " ",u D0tk'6 of issue was filed after
I'sth ' WL'"t to the clerkso it I ald. to
the notlee, and was told that it was against
' WW 111.. notkTs wltlilii twelve days of the
J"nOl court .Mr. Ward thereupon went
Uaa. .?".' "U'e ' uPty County Clark
II rul.rbuck and got him to put the
H salsodtr.
lerk'l8 "" 4lolu,ed In three way-by the
K in Hi'tmg the ..M,e on the calendar after
!,., "' "J In I'Uitlne It among the pie-
, f ca, u,i. hy Mr Wrd ln not Mrvlu)t
, ' ' '' ii.,u ,, , o1 House ell's attorneys.
aw ten Olulo.gDdfaa violation wiis un-
aretion "77 of theCoJo of Civil Pro-
" lr w,fl.
( -1 "Mime ufierihu joinder of the iaaue.
I eW. . l,njn-'';" days Iwfure lb uotu-
iSt ol tba teiaia. either party may
L a
erv a notice of trial. The party rr1ng tha
notlea mast file with the clerk a not of
isu at least twelve dare before the
commencement of the term."
And eeetlon 980 provide! "Cither party
may bring the lame to trial, and. ln the ab
sence of the advene party, unless the Judge
holding the term otherwise dlreota. may pro
eeed with the cause and take a dismissal of the
complaint, or a verdict decision or judgment,
.as the caae requires."
The case was Irregularly brought Into court,
and the Demooratlo schemers trusted that,
"In the absence of the adverse party." they
would get any kind of a decision that pleased
them. Aa Mr. Ward said In court, they did not
want to take Ool. Roosevelt's money "unless It
could be shown plainly that Col. Roosevelt wae
a resident of the State." What they did want
was a Supreme Court order reciting that
Roosevelt waa not a New Yorker.
The placing of the case on the preferred cal
endar, a part of the scheme to rush the fraud
through the court before Col. Roosevelt's at
torneys knew what was going on, was a direct
violation of the law and most unusual. Under
section 255 of the Tax law of 1800. tax oases
are preferred cases, but. llko all other preferred
cases, cannot be put on the calondar of pre
ferred cases without a regular procedure.
Section 73 of the Code of Civil Procedure
plainly states what must be done.
Where no order I required a claim for pref
erence specifying the provision of law under
which the claim la made may be Inserted In
the note of Issue to be filed with the clerk, and
it shall then be the duty of such clerk to
place such cause in Its proper place among
the preferred causes at the bead of the
calendar; rxefpt. that in tha counies of
Aeto jrorlr, Amos and Erie, and the Sev
enth Judicial district, no action or special
proceeding shall be placed s a preferred cau
upon the calendar of any Circuit Court or Trial
Term or Special Term of any oourt as herein
provided, but the party desiring a preference
of any cause shall serve upon the opposite
party, with hla notice of trial, a notice that an
application will be made to the court at the
opening thereof, or to anoh Justice or other
terra ofoourt, or at such other time as shall be
prescribed by the general or special rule of
nractice, for leave to move the aame as a pre
ferred cause.
On Assistant Corporation Counsel Ward's
note of issue waa a statement that the case was
a preferred case under the Tax law. But he
served no notice of trial on Col. Roosevelt's at
torneys, nor did he ask the Court to have the
case put on the preferred calendar. He simply
went Into the County Court House and said
that the Roosevelt case must go on the calen
dar and must go on the preferred calendar.
The Code of Civil Procedure doesn't worry a
Tammany politician ln campaign time. But it
can be made to.
a oyer ott or It AW Air.
Dale and Bewail Want the Job and Other
Candidates Ar Coming.
Ban Fbancibco. Oct. 4. A few additional de
tails ln regard to the Hawaiian Commissioners'
draft of the bill for the new government of the
Islands were brought to-day by the steamer
Senator. The Indorsement of the Washington
members of the commission was sought by
the friends of Minister Sewall and President
Bole, who are the only acknowledged candi
dates for Governor, but no reference to this
will be made ln the Commissioners' report.
Being a Democrat, Senator Morgan will have
nothing to do with the question, believing that
President MoElnley's choice should be unham
pered. Personally Senator Cullom's sympa
thies are with Minister Sewall. while those of
Congressman Hltt are with President Dole.
The Governorship of Hawaii is regarded as a
more Important office than that of other Terri
tories, and consequently the salary recom
mended will be $6,000 a year. It is reported
that a prominent Ohio politician, near to the
President, will announce himself as a candidate
for Governor as soon as the report of the com
mission Is made, and that there will be other
seekers for the place.
The present judiciary system of Hawaii will
remain undisturbed. The Supreme Oourt will
probably have Federal jurisdiction In United
State oases and Judaes will be appointed for
four years Instead of life.
On several questions there was a marked
difference of opinion among the members of
the commission. On the suffrage question
Senators Cullom and Morgan were opposed to
any restriction, while the two Hawaiian mem
bers wanted the present restrictions main
tained. Congressman Hltt took a middle view,
favoring a small income qualification, and thus
an agreement was reached.
All memorials and petitions from the Chinese
have been of no avail. The terms of the New
lands resolution and the Chinese restriction
apt are so strong as to leave the commission no
oholce but to submit to the Ironolad rulea laid
Opening of Hostilities Between the Lower
C'luisuien at Columbia University.
The annual encounters between sophomores
and freshmen began yesterday with some
vigor at Columbia Unl verist y. All through the
day little battles took place here and there
around the grounds. All pipes and canes were
taken away from the Incoming classes, and
whenever a new man was found seated on the
library steps, he was unceremoniously driven
At about half past 11 o'clock ln the forenoon
about a dozen sophomores corralled twenty
freshmen and had lota of fun. First of all. the
tormentor lined up their victims and marched
them ln lock-step from the library to the Bou
levard. There the "fresbies." most humble
and submissive, were made to roll up One
trousers' leg, to put on their coats wrong side
out, to raise umbrellas, and line up again. By
this time a largo crowd of students and passers
by had gathered. The sophomores led their
captives, with gibes, taunte and threats, down
to Barnard College. There the freshmen
performed all sorts of queer antlos. They
played horse, riding on one another's back,
gave a oheer for their annoyers, under com
pulsion, sang songs, and made themselves
generally miserable.
The upper classmen sot tired. of this easy
submission after a while. They Jeered at the
fresbies till they had to fliht. The eorlm
mage bad lasted about five minute when an
instructor hove La sight. The siudenU disap
peared In a jiffy.
Not Allowed to Land at Mew Orleans a
Account of the Tallow Caver.
NiwObleams, Oct. 4. The Compagnie Fran
chise de Navigation has brought suit againat
the Louisiana State Board of Health and per
sonally against all It members because they
refused to allow tbs steamship Brltannlo to
land here the 600 Italian Immigrants shs haa
aboard. Tha refusal la baaed on the prevaleaoe
of the yellow fever lb thla city.
It la contended that this action ia in viola
tion of the Federal Constitution, and causes
great hardship and loss to tha steamship oom-
fany which Is compelled to feed and upportth
imuigranta. The provisions on the snip have
run snort, and the Brltannlo waa compelled to
take on a fresh lot to-day.
When New Orleans refused to receive the
immigrants it was proposed to land them at
lionoldsonvlllo, where they would have been
distributed araonjt the sugar plantations, for
which most of them are destined, but the
Iioualdsonvlll Board of Health refused to
allow them to land. Bo the ship has 500 board
ers, which It haa to feed without pay and which
It cannot get rid of.
The yuebeo Conference Keaches a Baal of
settlement on These Question.
(Jukukc, Oct. 4. The basis of a settlement
between Canada and the United Btatea ha
been arrived at in the matter of the Retiring
Hea and the Atlantic and Inland fisheries. A
report setting forth the conditions was pre
sented to the commission to-day by the Chair
men ot the committees on those subjects. Mr.
John W. Foster and Sir Louie Davis.
Its provision are not definitely known. It is
biliuved the Canadian Commissioners have,
however, decided to prohibit pelagic sealing ou
payment of an Indemnity to the actual sealers
l by the United States.
To-day representatives of the Canadian piano
aud organ Industries are here urging aa in
creased duty of from 30 to 40 per sent, on the
manufactured article.
errrr rmoxnmt rmm ajtnjmtr awwv
TJp-fftato ItejnHlo.nl Fledge Tbeassalvoe
to Oat Out Every Man Above the Broww
The Oreal Carnegie Ball Meeting To-Klght-apeaker
Baed Want to Rein Along
r.x-Benator Franol Hendrlok of Syracuse,
Senator Hobart Krum of Sohoharie and other
up-State Republican who visited Oyster Bay
yesterday to take part in the notification oere
monlea discussed with Col. Roosevelt and
Chairman Odell of the Republican State Com
mittee the desirability of Col. Roosevelt mak
ing a speechmaking tour through the State
during the campaign. On their return to New
Vork the up-State Republican statesmen dis
cussed the matter with Senator Piatt. Presi
dent Qutgg of the New Vork Republican Coun
ty Committee, and other Influential Republi
cans. Chairman Odell haa not made up his mind
as to the best courso to lie pursued. Most of
tho Republicans who discussed the matter
last night believe that Col. Roosevelt Bhould
make six or seven speeches In the principal
cities of the State. However, nothing definite
has been settled. It was the opinion of tho up
State Republicans that every man. woman and
ehlld.lt epublican and Democrat, wanted to
see and hear Col. Roosevelt. His fame has
gone abroad, and the Republican votors and
the Democrats who admiro Col Roosevelt
will be keenly disappointed If they don't get
an opportunity to see and henr him. Some of
the. old-time Republican leaders do not be
lieve much In speeohmaklng tours. Others
are oonvinced that in this campaign, at least,
when there is suoh a great desire to see and
hear Ool. Roosevelt, thelpeople should not bs
Senator Krum, ex-Senator Hendricks and
the other up-State Republicans, not forgetting
the candidates on the State ticket below Gov
ernor and Lieutenant-Governor, made it clear
last night that the Democrats should not bank
upon the hope that the Republican voto abovo
the Bronx will not be got out this year. Chair
man Odell, Executive Chairman Barnes and
all the Republican County Chairmen above
that muddy rivulet are alive to the impor
tance of getting ouCthe up-State vote in all the
cities, towns and villages. The Republican
organizations below tho Bronx, with Presi
dent Quigg aa Chairman of the Executive
Committee, which represents all of the bor
oughs in Greater New York, have already
started the machinery which will bring out
the greatest anti-Tammany vote that was
ever recorded in the history of the Republi
can party ln New Vork city and Brooklyn.
The anti-Tammany Tote was divided last fall,
and while Robert A. Van Wyok, Tammany's
candidate for Mayor, was elected, he Is never
theless a minority Mayor of Greater New
Vork. Had the opposition to Van Wyck been
united a year ago he would been beaten 40.
000. This year the Republicans and inde
pendent;) are united and present a solid front
againat the Tammany and McLaughlin ma
chines. Only a handful ot Citizens' Union
men appear to be bent on mischief. They
are less than one-half of one per cenr. of the
anti-Republican organization vote last year.
Everything Is ready for the great massmeet
lng ln Carnegie Hall to-night. The Hon.
Joseph H. Choate arrived from Stookbridge
last uiuht. Ths very names of the speakers
at this meeting will demonstrate to the Demo
crats that all Republicans and all Independ
ents are united in New York city for Col.
Roosevelt. Hundreds of young Democrats
have already declared that they will vote for
Col. Roosevelt. The Tammany and MoLaugh
lln machines propose to get out the greatest
vote possible for Van Wrck. Knowledge ot
thb) has only stimulated the Republicans in
Greater New Vork. and, supported as they are
by Republicans of prominence who have
hitherto not been in harmony with tho organi
zation, the Republicans up the State, it was
declared, need have no fear that New York
city will not do its duty by Roosevelt and
every man on the Renubllcau State ticket.
Some of the up-State Republicans who were
at Oyster Bay yesterday returned to their
home by late trains last night. Before leav
ing town thoy were made acquainted with the
exact situation in New York city, tho positive
assurance ot a tremendous vote for Roose
velt below the Bronx, and they departed de
claring that the up-State Republicans would
not be a single man behind In standiug by the
The Hon. Thomas R. Reed. Bpeaker of the
House of Representatives, had a long talk
with I'hairmau Barnes of the Executive Com
mittee of tho Republican State Committee at
the Fifth Avenue Hotel yesterday. Bpeaker
Reed told of his great admiration for Col.
Roosevelt, and if the Speaker can arrange mat
ters to find a way to make a ringing speech for
CoL Roosevelt he certainly will do so.
An Actress Give Him Flowers and Many
of the Andlnnee Shake Ills Hand.
Gen. Fitzhuch Loe went to Wallack's The
atre last evening, accompanied by several
friends. Gen. Lee waa ln uniform, but. as ha
did not arrive until the curtain had risen, few
people saw him enter the theatre.
The party Included H. B. Plant of the Plant
line. Gen. 0. H. Hyns and M. J. O'Brien. The
two lower boxes on the right-hand side ot the
stage had been reserved lor It.
At the close of the first act a bouquet ot flow
ers was handed to Miss Alice Nielsen, who Is
singing the leading rdle In "The Fortune
Teller." She walked over to Gen. Lee's bos
and handed him the flowers. The General
stood up and bowed. Then the crowd realized
for the first time who the man In uniform was.
Everybody stood up and cheered. The or
chestra struok up the "Star-Spangled Banner,"
and the people sang it with a will. After the
cheering and noise had died away many peo
ple arowded to the box and shook Gon. Lee's
hand. He hold an Informal reception until tho
curtain rose again.
Between the second and third ants the scene
was repeated. This tim Dixie" wo pluyed.
People weren't so familiar with the words, but
every one could hum the tune. In return tor
the flower Gen. Lee wrote hi name on the
cover of a souvenir bonbon box which he had
aved from dinner and gave It to Miss Nielsen.
After the performance a large part of the
andlnnee. to get a good look at the former Con
sul to Havana, crowded around hi carriage.
Thorp wa more handshaking until the party
was driven to the Fifth Aveuue Hotel. Gen.
Lee leaves to-day for Washington to appear
before the War Board of Investigation.
Sbo Say Mia Davis Should Have Ho Sno
re. .ur a Daughter of tho Confederacy.
Richmond, Va.. Oot. i. Miss Luoy Lee Hill,
daughter of Gen, A. P. Hill, who was first sug
gested by Chicago Confederate Veterans and
others as a successor to Miss Winnie Davis aa
" Daughter of the Confederacy." has written a
letter which sets the whole matter at rest as far
as she Is oonoerned. She says:
"It has given me much pleasure to know
bow many friends I have ln this matter of the
succession to the title ' Daughter of the Con
federacy.' It is an honor unsought by me. and,
with Gen. Gordon. I say the title should die
with the original possessor, Winnie Davis.
There cannot always be a Daughter of the
Confederacy, for I am the last one of a Gen
eral's daughters to be born at that time, and
with me It would end. Then, why not now?
No greater honor could be paid President
Jefferson Davis's daughter than to bury with
her the title she wore ho proudly. I am con
tent as I am. a Confederate soldiers daughter."
To a friend he.e on the same date she wi ire -If
I could only write you as I feel you would
see how keenly this affair of 'Daughter of the
Confederacy' has distressed me. I appreciate
tho fact that my friends sought thus to honor
m y father tin ough me, but it wasa mistaken
kindness I want you, ami through you the
R. E. Lee Camp, to know that tho whole affair
has distressed me Immeasurably, and to that
heartbroken mother I extend my regret that
through me a controversy should have rln."
r Kxiir xb oMnxr.
BtgM Cflrit Im the rtTJeaT in JussHM '
TTMte BeaMewt.
ajwail Cmif BmfUkm rrsr awa.
Fwanv. Oot. 8 (belayed In tranmilsawetaV
The importation ot Ootseot by the HtJ
slan legation has Increased the eaeort.of the
Rnsslans. and this haa lndoeed tha Brttlab
and German Ministers to have marine n
to them. This fact I answerable far the
Impression that the dty continue to be greatly
excited. The contrary Is the fact. The popu
lace Is now entirely orderly and the street are
as quiet as those of London.
The Tsung-l.l-Yamen haa amply apologlred
for the assaults committed on Oot. 1 on the
wife of the Italian Minister and several Ameri
cans. Several regiments have been brought to
the city to keep order.
The soene ot the attaok on Saturday was In
closed by ropes and eight offenders were pil
loried ln the Incloeure. They wore heavy
wooden collars, on whloh were the Inscription,
" Punishment for assaulting Europeans."
LI Hung Chang has not ret returned to
power, snd there Is a division of opinion
among officials as to whether he will be re
instated Marquis Ito, the Japanese Envoy, left Ferln
In consequence of the change at the palace.
His mission, which wa reported to be the ne
gotiation of an offensive and defensive al
liance between Japan and China, Is gen
erally admitted to have been a failure. One
ot Its unattalned objects was to get the Tsung-Ll-Ynmen
to sanction the reconstruction of the
Chinese fleet under the direction of officers
delegated by Japan.
LoNivnN, Oct. 4. There Is general complaint
among British merchants ot the unsatisfactory
state of trade with China because of the dis
turbance there. Recent cablegrams from the
commercial centres a well as from other dis
tricts In China are far from encouraging.
He Drank. It Is Bald, of tho Poison Cup taw
Dowager Eniprm Bad Beady.
Svtdnl CMI. Dupateh te Tar Stm.
T.ondos. Oct 4. A despatch to the Central
News from Shanghai saya that the Emperor,
trusting to the loyalty of Yuan 8htskat. gave
written orders, whloh he placed ln Yuan'
hands, to have troops biought from Tientsin
to surround the palace of the Empress Dow
ager and remove her to a place where she
would be unable to Interfere with hi Majesty's
reforms. Yuan showed the orders to the Vice
roy of Tientsin, who immediately Informed the
Empress Dowager. Her Majesty Immediately
ordered ths Emperor Into her presence.
She accused him of want of filial piety and of
Ingratitude, concluding her denunciation of his
conduct by showing him ths order whloh he
had given for her abduction. The Emperor
was crestfallen and ashamed to say a word In
hi own defence.
The Empres Dowager told him there was
only one way to clear himself, pointing at the
same time to a cup on a stand nearby. The
Emperor took the cup and swallowed its con
tents. It is presumed that the eup contained
This Is one of the numerous stories of the
alleged suicide or assassination of the Em
peror, but It Is still impossible to gay whether
he Is alive or dead.
They Fear Complication on Areount of
Bnalevnd's Possession, of Delagfoa Bay.
SprHiti Casts Dupaitk U Tm Bow.
London. Oct. 4. A special despatch to tha
Daily Mail from Cape Town say It Is reported
from Johannesburg that Groat Britain will take
over the Delagoa Bay customs, railroads, and
telegraphs nlnodays hence.
The despatch adds that the Raad ot the
Transvaal discussed ths draft of a military law
binding the Transvaal and the Orange Free
State to render each other military assistance
ln the event of attack from the outside.
Gen. Joubert. Vice-President of the Trans
vaal, warmly advocated such a measure, say
ing that nobody knew what trouble was await
ing the two republics ln the near future.
It was resolved to temporarily enforce suoh a
law, reserving its full consideration for the
future. The action of the Raad Is attributed to
fear of complications arising from the British
possession of Delagoa Bay.
Meanwhile, the Transvaal Is likely to have Its
bauds full In connection with an expedition
that is being despatched against Mpefu, a
northern chief, who is preparing to make a
strong resistance. All the roads and drifts
leading northward ore held by armed Kaffirs.
rxEXCB niPi.oitATiv chanoes.
It la Said Comte d'Aublgny May Succead
Camboa at Washington.
Spectal Cabl Despatch to The Bum.
Paris. Oct. 4. It is probable that the Cabinet
council which will be held to-morrow will dl
ouss th question of diplomatic changes.
Comte d'Aublgny. Charge d'Affaires at Munich,
is mentioned as likely to be appointed Ambas
sador to tho United States. H. Patendtre.
French Ambassador to Spain, will probably be
transferred to Constantinople, and M. Jules
Cambon. the present Am bassador at Washing
ton, to Madrid.
Conference of the Power to Be Hold at Tea
ice Six Bads Expelled from Uwltserland.
Sp total Dttpatchtt t Ths Spa.
Bom, Oct 4. The power Laving accepted
Italy's proposal to oall an International confer
ence to devise measure of common action
against Anarchists. Von ioe has been decided
upon aa the place of its meeting.
Bieks. Oct. 4. The Federal Council xvaased a
resolution yesterday expelling six persons
known to be Anarchists from Switzerland.
0,000 Acres Well Storked with Game . Pre
sented to Him by sin Admiring Habjeot.
Itptetal Coil jial I Tn Bus.
London. Oct 6. A despatch to th Daily
Ktwt from Berlin says that Herr Blrkner. a
land owner, has presented to Emperor William
an estate ot 5.000 acres at Cadinen, West Prus
sia. There 1 a aplendtd manor bouse on the
property, and the estate Is well stocked with
She Will Suspend the Bxport Datlo but
Will Maintain tho War Tax.
Special Cubit Dttpmkh f Taw Bus.
MiiiKiD. Oot. 4. Finally, yielding to the
representation ot the Industrial bodies of Bar
celona and other cities, the Government has
resolved to suipend the tax on exports, but
will maintain tho war tax.
The Porto I Informed That the Power
Have Agreed Upon Tbelr Plans.
StMcial CabU Vupatch la Tar Bus.
OoNHTA.NTiNon.K. Oot. 4. M. Zanovleff. Ruf
fian Ambassador, ha Informed Tewfik Pasha.
Minister ot Foreign Affairs, that the powers
have agreed upon plans for the settlement of
the Cretan situation.
Negotiation Over Faahoda.
fprcial Cailt Deipalch lo Tbs Sun.
I'ahih. Oct. 4. It ia expected that at the Cabi
net council to-morrow M. Delcease. Minister of
Foreign Affair, will inform hi colleague of
the atate ot the negotiation with Great Britain
In regard to the occupation of Fashoda
mtatw wraseiror wBJCfwnmjmi rmm
Oesl. Osuutn 1 for th Tnteortov otMlaii
Mace Provtaee to Penuado the Aimed
Cohans to XrlsboJBd-Cel. Torlonto X
Oolng Among the Soldier of West Cuba
on the lams Errand Popular Clame
Against Americans Measures Taken
To Allay tho TrnM. at MansanlUo.
Burial OsMs Jurat n Tn flew.
Sahtiaoo ng Cuba. Oet.4. Oen. OaMxto Oar
cia. hla son. Ool. Carlo Garcia, and three or
four other prominent Cubans will leave for the
Interior to-day to endeavor to allay the rest
lessness among the Cuban armed forces which
Is dally becoming more menacing to the peso
of the province. The party la supplied with
rations by the American Commissary, and It
Is said by persons whose sources ot Informa
tion are good that 'Gen. Garcia goes as an
American Commissioner. The party is sup
plied with rations for a three weeks' trip, and
will keep In communication with Gen. Lawton
and Oen. Wood.
Gen. Garcia believes that through his great
personal Influence he can allay th popular
clamor againat the American. HI plan Is to
islt Quantanamo, Jlguanl. Gibara. Baraooa.
El Cobre and other place where large bodies
of Cuban soldlsr are congregated, and tell
these men of a plan he has decided upon of go
ing to the United State later ln the fall to en
deavor to Induce the Washington Government
to secure a Cuban loan sufficiently large to pay
them some of the money due them for tbelr
three years' service ln the field.
Gens. Lawton and Wood have assurance
from good sources that the payment of $1 .600.-
000 to the Cuban troops throughout the island
will satisfy the many recalcitrants and oause
them to return to tbelr heme and go to work.
Complaints of disorders from remote places
are dolly becoming more numerous, Ool. Ray
of the Third Immunes, a battalion of whloh
regiment Is quartered at Guantanamo, reported
yesterday that Cuban soldiers, underthe Cuban
Gen. Pedro Perez, had been taking machetes
and knives away from paclflcos who wanted to
begin work on the plantations around Guan
tanamo. Col. Bay arrested and put tn jail a
Cuban Lleutenantandtwomen who disarmed
workman, and the Cuban Colonel commanding
the regiment to which the offenders belonged
approved Ool. Ray's action. This expression of
approval Is not believed to be genuine, how
ever, because so many instances of the same
high-handed business ars reported.
A paolflco on a plantation in the Guantanamo
district was killed and several horses were
stolen a week ago. A detachment ot th Third
Immunes with Col. Brooks, an Englishman
formerly an officer ln the Cuban army, was
sent after the perpetrator. Gen. Pedro Peres
recently executed three men of his command
for robbing plantations.
The situation at Manzantllo 1 such that Gen,
Wood will despatch a battalion of the Third'
Immunes to that place on board the tighter
Los Angeles to-day to get at the truth of the
trouble. Oen. Wood, ln pursuance of orders
from Washington, will reorganise the Spanish
o! vll government ln the Manianlllo district and
Instruct Col. Hay to support the civil adminis
tration by force of arms If necessary. The
planters about Mauzanlllo have complained to
Gen. Lawton that the Cubans wont work,
neither will they allow th Spaniards and
paclflcos to gather the crops.
Ten Cuban soldiers who had come from the
Cobre district to obtain free rations attacked
the municipal guard at the depot here on Sat
urday night. They told the guard that they
had won their freedom and wonld not tolerate
the retention of Spaniards ln office any longer.
The guard, who was a member of the old
Spanish force, was rescued, and ths Cubans
were dispersed by Capt. Mendoza of Gen. Law
ton's staff.
In the districts occupied by American troops
the plantations are being worked, but It is im
possible to get hands enough to do the work
thoroughly. Very few of the Cubans ln this
part of the Island have disbanded In pur
suance of tbe orders to that effect recently
Issued by the provisional Government at
Camaguey. The latest reports from Bara
ooa are to the effect that the Cubans have
placed a cordon of pickets about the town
to stop and turn back every man who says ho
I going Into the country to work. The two
companies of American troops at Baraeoa are
not sufficient to protect the workmen on the
plantations. Reports from the interior say
that many men have lately deserted the Cuban
camps with the arms and rations they had se
cured from tbe Americans and have organized
guerrilla bands.
Oen. Callxto Garcia has also despatched Col.
Torlente of his staff on an Important mission'
to tbe western part of the Island in connection
with the American policy here. It ia said on
good authority that the scheme was author
ized by Gen. Lawton in pursuanoa of instruc
tions from Washington.
Col. Torlente will visit Gen. Rodriguez, com
mander of the Insurrectionary forces ln the
western end ot the island, after which he will
see Gen. Menoeal the commander ln the prov
ince of Havana, and Gen. Pedro Betancourt.
the commander in the province ot Matanzas,
all of whom are personal frlendiot Gen. Garcia,
Col. Torlente will outline to them Gen. Gar
de's plan ot going to the United States and en
deavoring to get the Amerloan Government to
occur a loan for th payment of the Cuban
forces. He will urge the commander to die-'
band aa many of their men a possible and to'
send them to gather the orope.
Oen. Garola's aotlon Is entirely Independent
of the Cuban Government at Camaguey. Gens.
Rodriguez, Menooal and Betancourt will be
approached In the matter en grounds of per
sonal friendship, and their patriotism will bs
appealed to.
A friend of Gen. Gsrola.told the correspond
ent of Tn Bun to-day that 'thousands of the
Cubans would disband and go bom If they did
not tear that the Cuban Provisional Govern-
meat would treat them a deserter if It eve
become the government In power.
Word was reoeived from Guantanamo to-day,
to the effect that tbe Cuban Colonel Pedro,
Peres had concluded an arrangement with the
Americana to march suoh of his forces as hove
not turned guerrillas and made common cause
with the Spanish guerrillas in the hills
Into Guantanamo. with th Cuban flag at their
head, on Oct. 8. when they will surrender their
arm to the Americans and go quietly to their
home and begin work. Many of Col. Perez'
men have left hi camp slnoe learning that he
was treating with the Americans.
Gen. Garcia' agent will sail tor Betabano on
the first south coast boat.
Prominent Cubans have protested to Gen..
Wood against allowing mar Jamaica negroes
and laborers from the United States to come to
the Island. They complain that there are
enough Cubans out of employment to Oil all
Oen Wood told the petitioners that be knew
that many Cubans were unemployed, but tbe
trouble was that they would not work In the
mine Six hundred laborer are needed In
the mines, but the companies cannot let them.
Major Bueno and Ool. Geolday. Cuban offi
cer, were to-day ppolnted by Gen. Wood
member of the commission to place valuations
on property in Santiago for the purpose of
Gen. Garcia reoeived word to-day of hie elec
tion as a delegate to represent Havana province
lu the Congress that will meet on Oit. 10 lie
will decline the place. He avs ii:hat tthe
Congress will not be representative
No one except the soldiers and citlze.- in
the towns and districts liold lv the Cuban
forces re allowed to vote for delegate. The
moat representative of the Cuban imople are
excluded Other leading Cuban about San
tiago take th asm vlw of th Congress.
fxefjaan Win Kayo T Moaa Work -
Tbe Maria Teresa May amtl on Monday.
Spottat Can BmBBst n Taw By.
Baxjixaoo xra Otraa, Oct. 4-XAwul Hobeen to.
day brought to Santiago a number of 0-faeh
guns and ordnance of smaller eallbre, whloh
were taken from the Almlrant Oqnsndo, Vta
oaya and Infanta Mario Teresa. H will (tart
seventy men ot the work of aving th Cristo
bal Colon to-morrow.
The men will novo to build shack on th
shore to lire ia. Lieut Hobson told th oorre
poadent of Tors Saw thai he waa tlll con
fident of his ability to save tha Colon.
In Infanta Maria Toreaa will be ready to sail
for the United States from Guantanamo on
next Monday. Lieut, Bbbaon says that he will
eve all th big tuns from th Spanish ships as
sooa a derrick boat arrive. Air bag and
the compressed air apparatus for the work oa
th Colon are her.
The sloknes among the Fifth regulars boa
greatly diminished. Fifty-three men were
taken off the sick list yesterday and twenty
five to-day. Only 167 of th 680 men are unable
to do duty now.
Yellow fever la rapidly disappearing. Favor
able reports were reoeived to-day from the
Ninth Immunes, the Twentr-flfth Kansas and
ths Eighth Illinois Volunteer, who are en
camped on the San Luis plateau.
The lighter Los Angelas salted for Man a
nlllo to-night with a battalion ot th Third Im
munes, CoL Ray commanding. Gen. Wood,
who waa to have gone to Manranillo to reor
ganize the civil government there, remained
behind, the situation here requiring his often-1
Col. Ray has been directed, by GerWeLowton ,
to suppress the lawlessness ot ths Cuban and
Spanish guerrillas about Manranillo wttha firm
hand. Col. Petit' Fourth Immune will be;
sent torellev CoLRay's men as sooa as then
XMdrnr port rxco wor gr-Aimr.
J.ooo Troop Sailed an Sunday andtrro
More Transport Ar IiOWHns
JbSCfsl Calf. Drp( to Tn SOW.
Saw Jdm.n, Porto Rleo. Oot. 4, Twelr, hun
dred Spanish troop (ailed for Spain on Bandar
and two transports are now blng loaded with
man as rapidly a possible. A large paesenger
steamer haa arrived here to take many ot the
Spanish families to Spain. Tha Spanish out
posts ore constantly drawing In. .and In a few
days they will be concentrated here from all
parts ot tbe island. The population ot the city
will be materially reduced by the departure of . -the
Spaniards, os o majority of the officers and
soldiers hove their families her; thus 6,000
troop represent 16,000 persons.
While viewing the march ot the Spanish
troop on Sunday two officers of the United
State ambulanoe ship Solace were set upon by
a Spanish officer from behind, but before be
could do any harm he was grabbed by another
Spanish officer and hustled book into the line. ,
The United States Postal Commissioners have
about finished their duties. They have estab
lished Post Offices in all of the principal oitie
except San Juan. Areclbo. Carey and Aibontto,
The Commissioner are here! bow, and will
hove those plaoes under the mall-system In a
1few floys.
She Puts. Back to Santiago Cenvalasoenta
Help to Stay the Flame..
gptciol Colls JnMM Tan Boat.
Bantxaoo d Cuba. Oot. 4. The transport
Obdam, from Porto Bloo. which sailed henoe on
Sunday for New Tork with 240 sick soldiers
from the regiments in Porto Rico aboard and
also a number of officers from this place, put
back to Santiago this morning with a fire In her
coal bunkers.
The fire was discovered after the Obdam had
rounded Cope Moysl, the eastern extremity of
the Island. All hands. Including the con
valescents who were strong enough to lend aid.
worked with o will to keep the fire confined to
a small space. Nobody was Injured. The fire
was due to spontaneous combustion. It will be
several days before the steamer will be ready
to sail again.
Tha Commissioner at Havana Meet to Ar
range the Details.
Sptctal Cabtt Dtrpatcku U Tin Sim.
Havana, Oct. 4. The Spanish and Amerloan
Commissioners met in joint session at the
palace of the Autonomist Congress here ol
8:30 o'clock this morning for the purpose of
definitely arranging all ot the details of the
evacuation of tbe Island by the Spanish troops.
Madbid, Oot 4. The Spanish Transatlantic
company has designated the steamers whloh
are to bo used ln tbe repatriation of the Spanish
soldiers in Cuba, reserving three vessels with
which to bring home the soldiers ln the Philip-1
pines it necessary.
The Cabinet is anxious over the outcome ot
the Paris oonferenoe.
Bis Mind, Ho Says, I a Blank Concerning
Event on tbe Leoture Night.
Denver, Oot. 4. This wa the moat interest
ing day ot the Molntyre trial. The defendant
was subjected to a rigid cross-examination by
tha Judge Advocate, and at times there was
bitter controversy between the attorneys. This
waa brought about by the admission made by
the chaplain that he had been Interviewed
while In Ctiloago by reporters and was " horri
fied "the next morning at th language they
put Into his mouth.
The Judge Advocate's cross-xaminatIon
concerning the Trinity Church leoture was so
vere and thorough. It brought ths statement
from the chaplain that the occurrences of the
evening were a blank to him. This he was ap
parently unable to explain. He had no recol
lection of Intending to make any reference to
political pulls when spooking of the command
er of battleships. He declared that he Intend
ed to pay a compliment to Capt. Evan when he
'referred to him as Fighting Bob."
Express Companies Object to the literature
Ur. Smith Paste on His Package.
Tomxa. Kan- Oct. 4 Dr. L. A. Smith, a
manufacturer, has undertaken to coerce ex
press companies ln a new and novel way. Re
cently he bad o lot ot poster printed, and on
eaoh package he shipped he placed one of the
poster. To-day he was notified by the express
companies that his good would not b handled
If these posters were on tbe package. Here is
the objectionable mutter-
" We protest against the non-payment of taxes
fixed by law upon express compuntes or other
Jorporatlons that possess no bodies to be
k-ked, souls to be damned or hearts to be
patriotic. It illy becomes those who shore the
privileges and benefits ot this natton to at
empt to evade the law and avoid paying their
ust share toward maintaining the honor and
ntegrlty of this Government in its present
hour of financial need."
It Looks Like a BUsaard and Farmers rear
Damage to lutlira.Led Wheat.
Fakchj. N. I . Oct. 4 Snow began to fall all
over the northeastern section ot the State about
lOo'alock till morning and the storm show
no sign of abatement at present. The wind Is
beginning to rise and it I feared a bllrxuni
will develop. About one-fourth ot the wheat
lu this section I still unthrashed and the farm
ers fear that if the storm keeps up very long o
large port of the grain will be ruined.
Bitten by a lion.
Frank Hall, husband of the woman known as
AUgie, the lion tamer, reoeived a lacerated
wound of the right baud last night while clos
ing tho lion's cage on the etage of a bowery
theatre. He saidthat the Hon bit him. Dr.
lloloombof &i? Broome street cauterized tha
wound at the close of th stage pertorsaauoe.
mmKmmAR wmniriBB that tbk armt
a atvo aa Aewowat to tbe laveatlgattns
OamnlKlsa of Ml Bxprtne In the
Campaign fxoxa tho Beainnlng-Mn Beat
I.oek of Supplies Bgimnt Which
Wore Without Pood aad Medlelno Conld
Bavo Seewrod Thoaa for tho Aaklna No
Complaint Boaenod Hlm-BIs Work la
Cutting Bed Tap at Camp WlkoS
Wksrsvsr There Were Mlaor Fault.
Tbey Wore Bemodiod Quickly Tbe Army
Had Pood aad Inxariea " Better Tbaa
Any Army Kver Had," the General Said.
Washinotok. Oot, 4. President HoKlnler'
war Investigating commission to-day heard In
partita first witness, and the developments
showed the soundness of ths attitude assumed
by th President and Secretary Alger that aa
Investigation of the oonduot of tha war In the
Santiago campaign and In th manage
ment of th oampe and hospital estab
llahed ln the United State boom show
that th greater part of th eriiisUme.
publl aad private, were unfounded Major
Gen. Joeeph Wheeler told of the operation ol
the division under his command la Cuba and
ot his observations and experience at Damp
Wlkoff. Mon tank Point. The plan ofoampalgn
pursued ln Cuba, h thought, was preferable to
that whloh hod been uggested. of reduolog
th fort and towns around BantJagu by tho
military forces, againat which ha pistastsd
vigorously in a letter to Gen. Shaft ri
Oen. Wheeler admitted that there wa a look
of transportation faolUties at Santiago, but
commended Gen. Shatter for bo nan".; wnat
wa at nana as to mag th eoxnpagn a uo
.oeea. Tn thUpartof Gen. Wbeelrr teaflraony
there oropped out hla only crtttahnn of Oen.
Shatter. It related to "the order of embarka
tion, whloh placed his dfrlalon fourth. Betas
second ln command, and his feroes eonahrUng of
cavalry. Gen. Wheeler thought It should be first.
There was objection to the transports lying off
shore so great a dlatane while the expedition
and stores were disembarking. It was diffi
cult to determine who wa in command of th
transports I they were under the charge of the
Quarto mutator's dl virion of the army.
The medical division, he said, was fairly well
organized ; ordnance supplies and ration were
promptly furnished. In reply to a direst ques
tion from Got. Beaver, who conducted the
examination on behalf of the commis
sion. Gen. Wheeler said that in his ob
servation he sow no omission that ordinary
prudence of a commander or foresight of an in
telligent head of staff could have obviated
There was no suffering from lock of ordnance
or commissary stores; no wounded unoared
for and no ambuscade of troops ; no wormy or
mouldy food and no neglect of soldiers.
Gen. Wheeler's testimony regardlnv; matters
at Camp Wlkoff was not concluded when ths
commission adjourned for the day, and that
will be continued to-morrow. He made a gen
eral statement of the condition of things ot
Wlkoff; described what had been done
by him a commander, undor the Presi
dent's especial direction and order, nnd
approved most heartily of tho selec
tion ot the site. He differed radically
from the opinion of the medical experts put
forward by the New fork World aa to tho dn-
suability and expediency ot the camp, de
claring that Its establishment was both
a military and a public necessity. Re
viewing a aeries of alleged " facts " sub
mitted to the commission by the li'r.i-M,
regarding which that paper asked that Geny
Wheeler be called to testify, the witness de
nied any knowledge of most of thom, and ex
pressed hi unbelief in their accuracy. He con
demned the contract with the Long Island
Railroad by whloh It had a practical monopoly
of transportation to and from Camp Wlkoff.
Gen. Wbeeler admitted that there were cases
of wrongdoing, but said that as soon as abuses
were discovered he gave order that stopped
them. That there wore distress and suffering,
the General said no ons could deny, but It was
caused by disease and not by neglect, incom
petence or cruel treatment. Out ot o hospital
population of 10.000 there were less than 300
deaths, a fact emphasized by Dr. Connor, the
medical member of the commission. Alto
gether the General said th Idea of
the camp wa splendid and its sits
and conditions magnificent in view of
the results, not a single case of
yellow fever having been developed from
among all those who were brought there sick
from a yellow fever country. There waa no red
tape at Camp Wlkoff, Gen. Wbeeler said, and
no requisitions. All supplies, of whloh there
was on abundance, were granted on applica
tion. It was noticeable throughout the day that
Gen. Wheeler volunteered almost ' nothing
In tbe way of explanation or ' assertion,
everything being drawn from htm by
direct Questions. Although Got. Beaver
conduoted the greater part of tbe in
duiry, othor members of the commission
asked Questions, notably Gov. Woodbury, Ool.
Donby. Capt. Howell and Dr. Connor, the lattor
taking especial interest in tbe matters affecting
the medical division.
In response to Question. Gen. Wheeler said
that he had been appointed a Major-Genera of
Volunteers on May 4 and commissioned on May
O. A month later, on June 7, he went aboard
transport ot Tempo with his cavalry division.
remaining nine day before thoy sailed for
"Before you soiled were you informed of ths
details of the campaign at Santiago ?"
Oen. Wheeler I was not.
Continuing, tbe Oeneral said the command
sailed In about forty transports. Effecting a
landing. Gen. Wheeler sold, he reported at once
to Gen. Shatter, and mode a personal recon
solssanas the next day. Gen. Wheeler wont
Into details regarding movoment of the troops
leading up to the first engagement, and paid a
oompllment to tbe valor and courage of the
American troop.
"Nothing could be finer." he said, "and I
never sow men conduct themselves better is
On the reoonnolssanoe spoken of Gen,
Wbeeler saw Gen. Castillo, the Cuban leader,
who promised to be with them the next day
with 250 men. but they did not appear before
the engagement. Gen. Wheeler said they
learnod later that the Spaniards before thn en
gagement wer boasting and saying that they LB
would "drive the Yankee pigs into the seu."
" We lost, a 1 remember, sixteen men," said
Gen. Wheeler.
" What was the enemy's loss?" was asked
" I did not learn. I sow very faw dead Spun
lard. Subsequently. I saw It stated that th
Spaniard lost 205. I asked Gen. Toral about
It later and he sold that was the total loss up to Bj
date." V
Gen. Wheeler went over the movement of
the ubsoquent day Intervening up to July 1.
"It waa reported," he said, "that I was ilck
and not engaged with the troops. That was WLv
not true ; I had been sick on June 38 and 20
with a high fever, but was out oa that day."
"It you were not sick, do yon know how the
report was olrouloted that you ware ?"
" I do not"
Regarding the movement upon Si Oenoy and
Santiago, Gen. Wheeler said th etmdltlono
were such that a forward-movement all along
the I in was necessary, and a staff otBear from
Gen. Shatter notified him (Wheeler) to sire ths
order to advance. Tbomvabrreas dl anted
throughout the entire mo-venaoat,
"IelrttooaytAta4avAyaASiasa1liiil li iaj

xml | txt