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Hot? 21 ' ' i
ffil8ll5 JL THE SUN, THURSDAY, APRIL 13, 1800. mmU'Mii.a .mm u, '. i Ifc J 1 presented for comparison are eunulne. This 'IB I S i Imweter. inenely to on.ib.io tUo court to say f E m Miellierthe hamlwtltlntf. may mi used bv ,K ' M ' wlinasMS anil (Mibml'toa in the Jury for Vf J tho niRIRMftC or doniDiirlHoii Tho decision of qfl 5 tho court Ik not, ljliiilint: nro 5 tlue iury when ) p I Mie rrltlnCs find tho ouilenrn rt before them MJ J 'Jim Jury may thou illvutreo with tho court, (Vjc i Uti'sriuliio Unit tho MtandanH. submitted nro if 1 cit ueuulne, ami refuse to m tlmm for the 'fill turposocf comparison with tlindlumitcd hand- ( af J wrltliiir. , , , ijjni j '"jliere tnn bono doubt n to tnis proposl- Mi Hornby nre hero clcallnu ultli a criminal 1 flll 1' cam', n murder1 cusp There Ih a disputed : AIJ , 1 wrltlua which ll, In important tho pcoille should i jjj! I ( conviDce til" fury was wrltton bv the do- j jjjf i t fendaiit. Otlxu" wrltlriBS nrn iiroducod and ' iil I ! "ro proposed ti be (isod a n standard ,!or com- flit J rarKon. Tlw wltWHtc for tho ioUl cay MtfJ this letter" l flu defendant', cenultie hand- Bff& 'tilt! Tfrlthnr: tne defendant, or aomu wltuesM-H ryt! JllfJ railed In liVt lnli,il(. -my thsv aro not tl le de- fiO uilt' fendant'n w.Titliic Thu C'ou-t. reiturdln v the fcfiS'i'L'll? etldeiico of eeiuiliieni'm as witlsfnclory, iid- Htfslii&ill ,n"H "l0 wptlhi' ax standards, wltnees HtihH (Slf t make tht commrlsoti of haiidnrltliivs ami e- Baauiziaijii i preni their opinions, based thereon, that toe II I defendant srrotf tho disputed nrltUe. nt.l j the vldunco and thu wrltlnu are all submltte 1 i tothejun. 'J'ho Court Is requested to chareo J I M10 Jury that thoy arc the solo judges cf the fact whether the standards submitted aro the j itenulue tiBiidwf Itlna of the defendant, and If j f they nro not "nMillwl from the evidence that I I tlier are eo, they hIi-tuIiI llnd. resardlnss of tho I !. ileclslon of the ( (uit uion that iiucstlon, and j ' I In that oent they should dlareuard all the eil- 'I J. dence of wlttioBsfi" based upon comparison I (' with such Htatidanl and should make no com- J l ra-lson thcmeele. Would It not ho the duty i f. of tho Court tO'Ohattfe tho propositions en re- R j QiieKted? Cleartv It would. i "This lllustratex p,reciely whattiower and 1 5 iuty Ib ImpOKod upon, tho Court l thin Btatute, I 5 niorely to pans upon the ceimlneneKs of the 1 1 proposed standards, fair tho purpoio of opplj : i " lucr a rulo of evidence, Of sajlnir whether icr- J tain evidence shall be n.'ilimltled to tho inn, 5 not to detormlue what farce or orfoct shall bo lon to such osldonco b tho jury when It Is I before them. I "Upon a trial the Court, Mat Is tho presldlni; 3 .IuJkp. passes upon and decides as to the ad- 1 1 mlsidhlllty of nil evidence, and thetiuuntlon under this statute coms wltUIn this rule The Orand Jury has no nrnsldlim JudKe, and In ' the Orderly conduct of Its proedmi;w the jury I Itself passeA upon tho admUslbilltv of all ovl clonco Presented before It. Illuht or wronn. rl Its decision cocs. and tJio evidence It decided proper IsIrceeUed. To this eMcnnit decides all questions of lw. as well as tlu act doter- WLIfit'it I tfiimne whether an Indictuneut sliul.' lie found Ml f 2 5 ' I' '" no'. 11 law unto itself. Itsdeijliilons mur It!!; I bo reviewed, nets point: done here, but like a lit ' presiding .fudue on a trial, the jury llwll rules KlSni for' the tlmo beint; and It ruling U foil owod KliUP 1 "In an annlocy to lts:power and duty with itn reforonceto the admissibility of thr evl- njK I1 denco, why mar not tho jurv determine the ,!k uucstlon under this statute whether thit wrlt VI B K IiiKs presented ns proposed standards nnl Eon U'JHe ; ulne? What harm Is done Is not the liability KjHHe 'I to harm less In this case than where n nre MlfB eldlne JuiIkr has rnsBod uiion the questions IHB '! before the j 11 rv.' The whole responsibility for ifjH 1 this finding of fact bo fere the jury is thro vn HiVl I ; upon the jury Itself, without any Interference i JU by the preBldlnc Judue, not only to determine jfSf ' the fact as one In the caie, but alio as bear MIK'i ' Intr upon the iiuestlon of admissibility of the dist'if evidence HfrSH "A toisonablo construction should be Riven Ml i'flfil ,n 'n'8 e'atute, not a foiced and utinutural one. Mffj&y 1 If thtn species of evldencii Is wilunljle upon B1K3 1 trials In open court, us It surelr is, why should MfiSlJ ' tho rule not extend to any kiroceedlnc elil or Mj-fwa ''. criminal, where evidence i to be taken'' "an In - It bo possible that the Legislature provided MJiflu ' 'or n epeeles of evidence jilion the trial of n j IBj j person lor a erimo and yet nitended to prevent MpK 'b tho uslne of the samu species of ovUtnce be- Mr 136 'I fore aUrand Jur toonablo tl.vm toa&y vvheth- ,,S? .5 er.tho person phould belnut unon trial at all'; It HmSi ''? seems to mo not Moreover, this species of MUX 1 ovidonto Isconiluu tobo recarded asof creator MlH ' n value than the evidence nf persons wbosii,tk MnjV I alonu from their vvn iersounl kr.owledL-c of Mr.lB if liandwritlnt' of others. I do not reTei so much M'3( ' ",u mere opinion of eperis. h.i-od uiion M'l ll comparison, as to the reasons the.t mav Rive HMB t for'jlucll opinions Tie- nimilarity t letters MSflB c amttln) details of the writliiK which thev m.iv J point out to tho jury anil which the jury, Mtfiil i thouKU uot experts, may be able to nee for HijH ihemselvds, and especially the rlcht of he jury Mi'JH ') toasanslns and compare the wtHIqkh for tlicm- KjH f selves, aided nnd assisted, It may be. bv the Sjjsn '', euBBtetiori.-i of the witnesses who have them- M I selves made comparisons nud pointfd out d- M"(S '9 tails in their work which tlio iuiv cm them- MlS? ' selves appreciate In a case of this Mud, MrSe l whore sou.e one has prepared ,1 buttle of poison McW '3 ani addressed It to auothei and deposited It M.'Ji i ln "lc '0kt Olllce and death has resulted from M'K 1 1 tnklnt; this poison, when the tierson iireparitiE Mt'C 1 nl"' eondlui; tho pol-ou bar, done this work MFD" !j where no hiininn eye looked on to 'en him do MM! 1 1 " "'"' when nociiiifexKloii 1 made by imv one, IB It Is of the utmost lmportaneelthatthere;houId. MIM tfl " Possible, be an Idcntllli-atloii of the liaml- HH A wrltlni: upin thu poison IM( k.ico Will It be tS i!B claimed that tho species of ovld.iuce provided Mtff til for ,,v 'IiIk statute, the compariaon of hind- MX ti wrltlnts. may be used upon the trial of a ner- tjaf i (j- son for such crime, but tho draud .luiy may Mt!H ' 1 il not hear the same.evidcnce ivith aiw to ksv- T9 ill lUB whether the persim hhall be puton tria'' hH Iff "KujipDSM, honthot-.speclert of proof of hand- 1 ' wrltlne is obtainable HUfllcIcnt to Indict or 1 ! coav let and tliat this HPHcie of evidence, with I i , other ev Idenee t ha the peojiln can produce. Is M.sf ' BuflJeJentto convict on n trial, must a person ' escape punishment for his crime because this Mill : evidence Is inadmissible before a Grand Jury " I and tnerefore no Indictment may be found' t I I am not aware this question has been passed 1 upon In this -tate. Home other court may K hold such evidence not admlstlblo before a ,. ; Grand Jury. I cannot do so. Mv opinion Is Mil ' :,mt tn,a statute makes this species of evidence SI competent andpropar before Grand Jurcrs I , the same as before a trial court. 1 1 . "The tlrst evidence as to hand writlnes given j ! before the jury nas that as to exhibits F. 1 to I 1 ' lamira L to K ".'.which wo may call the ilrst series. These were claimed to be tho itenulno i handwrltlnn of defendant. They were sulll cjently shown to be such by the evldenco of I Kinsley. He had seen some of them written 1 nnd had knoirlodue of defendant's handwrlt- sssii , lnc from seelne him write so as to be compe- Hf ' 1 I tent to sneak on the subject There seems to M 19 be no contention that these were the defend- Mh I ont genuine handnritlnes They were, it rl' , I 3 may be assumed, received hr the jury under MJ ' the statutes of ims()-18KH. and If the jury were MLr 1! satlslled tliey were fenUne. and we may as- , f s!jme they wereso satlslled, they were properly I - so received. Ml 'j; "The nextlovldence was as to the exhihita MR Lr to H - which we may call the second series MB I These exhibits may be rocarded as disputed Mi, I handwrltltnts. Ihev certainly came before MR i the jury as'such. Theydldnotpurportto.be U .II1 written by the defendant, but by Cornish and Mff I1 Ilarnet. They were claimed to bo forcorios MS I tio to have been written by tho defendant. 9 i J f and no evidence was Riven as to their Peine ! the eonulno writings of the defendant, excejit Mi 1 ' I by, comparison with the itnndards already re Ml , celved. tho Ilrst series of exhibits. Much proof Mb lit of the second series liavlng.been made.;theso MB I exhibits were received Iby the jury. Theu I f both series of exhibits were used by the wit Mr Mi nesses as standards for comparison with fho ill disputed handwiltinelof tho address 011 tho ! poolson pa-kaso, nnd this latter writing was ;t then received. The jury hnd before thorn the j j I two Tories of" exhibits nnd'the address on tho l poison paekniie, and. we assume, comp-ired all fl- these wrltins.for the purtioserof arrlvlpgjata fjl. conclusion as to defendant havlnc written tho M ' I address on the poison jiackaso. It Is claimed H I 1 ! the second series of exhibits were improierly F f ' before the jury for any purpose M ' t "First that they could not be used as stand- M lis "rus for comparison with tho address on the H ; poison packase, because they woro themselves 1 j disputed writings and only pioved by eom M 1 1 parleonlwlth tho Ilrst series of exhibits. In M I ; other wordit, they could not he presented and M "i"3 at tho same time as the standards and f i disputed writings under the statute Mf i Second, that.they'were not competent and f Iirpper for any other purpose than as stand M (J ardsof comparisons of handwritings: that'they j 1 were not material on any other issue M 1 "I.,,! uot eo ,10w " ca'' he claimed these s I i axhlblts wero competent and proper for anv Mf other purpose than as staudards for comparl t ' son with tho nddiess on the jmlson package M f Thero was no tunof given that the Cornish B ! H exhibits were sent through the mail or re- f ; colved.by any one If such evidence had been given. It might be claimed that: they: ire :com- potent on tho question of motive as Allowing M ,ne relations between the defendant nnd Cor M nlsh. that defendant had assumed his name, ' y force I his nime to letters, ,e Dut pioof was 1 pot made clvln line to any such theories M ll' Tho Ilarnet exhibits certalnlv were immaterial u u upon any;uch Issue ln tho case Tho ileatli,of W . ,' Jlrs.iAdams and the deatliof Ilarnet llf tlieimur- ,) ders wero sciarato and illstlnct crimes, and If i both wore committed by the same persons. ' still the proof as to one crime could not bo m 1 , given on the trial of the other I can con- i 1 co ve of 110 theory upon which the Ilarnet ex M I hlblts were prorerlv before tho jury. eiejit as W ! staoilojriis or conjPJjriHon with Hie real dls- putfd'Frltttic. the address upon the poison ' package I do not see how it can bo said that ,i h s second scries of exhibits were properly ro- " celved or used liy tne wltnessesorthe jury it- j self .is standaids fot coiiiparisou with tho ad- I, dress on the imlson'puck'iiio '"lliuy were, when presented to the jury. , 1 disputed wrltlngs.:werti treateil as such and Ij xveie not attemiipted to be tirovedasthe wrll- ti Inc-of ilpfendaiit, except miner the statute of I IHHIMKSk, t,v coinrurslon with the Ilrst series i of 4ihllHts. This oould not be made itaml- '1 aras under the st itute b this kind of proof Tho- witnesses and jury wete comparing one ' disputed writing w'th 11 Jot of other disputed 1 1 wriUngs for the purioe of fastening tho Hist i ;t dlsputod writing upon tho defendant Thi , could not he done. iClnrk vs Douglass, 5 , ' Aniv. Dlv. Hop., Si!? linker, J 1 M , "'Jfre, then. Is n case vvheio there N'as much M ' 4 dotiM al ont the genuineness of the standard ML 1 1 I "itie is about the genuineness of tho in- B fl dorseinents. jet they ithn stiiu.iai.Ui are re- H I 1 celved by the court as genuine, and the jury V J nre practically toll that If the indorpements H werv written bythesune hands tint wrote M 1 Ulf 'tHiiuarils thev are geuulue Indorsements M I There vvas the same doubt a to this second ' .1 series nf exhibit. . t the mldic-hc on the I Poison packages lb Ih were disputed writ M It 1 li'gst neither could be used as a standard It M 2 inlght.as well be s.ild the address on the poison M I 1 Pnekiice was n standard asUho second series tan- 1 WUs ln fact, neither could be received and considered aa standards under the statute of 1W0-1H88. This second series of exhibits was therefore Improperly beforo the Jury. They were other thin Isgnl evidence Thorn wan other improper evidence given betoro tho jury, but tiono that Is cf such Im portance as totcall for especial mention. None of It would bo sufficient to require tho Court to 'discharge tho Indictment. The species of evidence above referred to Is, howover, tuoro troublesome, and thelCourt can hardly disre gard It, can hardly say It was of so little im portance as not to have:lnlluen;ed the Jury to indict, when they would not have so deter mluad had these species of evidence n-t been given. An Indictment could not well have been found unless the jury wero convinced that the wrltitig of the address upon the poison Package was the defendant's. "A crime had been committed. The real question before tho jury was: Did the defend ant commit It Homo one did It Defendant was -i chemist, or had some knolwedgo of chemistry Ho had unpleasant relations with Cornish, and appar&nily no one else had. Koine other things may have appeared before the jurv which I do not recall, and theu It was claimed that the handwriting upon tho poison packngo.was defendant's; An Indictment ' 11 con ruch proof would not be discharged as found upon tnadequute evidence, but the con 1 trolling fact would be the defendant's hand 1 writing upon the poison pasknge, That wits 1 In dispute, and considering the great Impor tance ol that issue tho Ornnd Jury and the DIs lict Attorney's office should have been careful ns to the evidence received, considered and aetd upon by the jury. "This second series of exhibits wore Improperly beforo the jury They entered Into tho comparisons made by the witnesses nnd, we must assume. h)Mie jury, andltho jury must have been more or less Inlluenccd bv tlieno exhibits In such comparisons. In addi tion to this, tho matter contained in the ex hibits was sucli as would almost certainly In fluence the minds of tho jury ngalnst the de fendant If theseaxhihltH were written by him, then thu jury would naturally believe he had been assuming the names of Cornish and ilarnet, forging their signatures to tho letters, Ac : and ns to Ilarnet, lining the letters with matter tending to show tho defendant to boa man not only of dishonest but low, lllthy In stincts These Ilarnet letters were alio en tirely Impioper as tending to snow defend ant's connection with the alleged murder of Ilarnet as well as Cornish, and the jurv might well be Inlluenccd by tho suggestion growing out of the 1st ers that lio was guilty of that murder ns well as of tho one being Investl gated It seems to me under all tho clrcum htances I cannot do othorvvlso than discharge this Indictment "TlieMefendant Is entitled to hnvo his case Investigated upon the legal evidence and no other The people may present the case to another Ornnd .Iury. being careful to line only legal evidence, and then tho determination of tho (Irand Jury will be binding upon evory one If another Indictment Is'found tho defendant will have to inud his trial If ho Is not In dicted ho will be entitled to a discharge from custody "An order will therefore bo prepared and presented for signature discharging the in dictment, on the ground that othor than legal evidence was received and considered by tho Orand Jurv. nnd directing that thecase bo re submitted to the (Irand Jury now sitting or to the next (Irand Jury that shall sit in the county of Pu-vv York." Avni'itisK Fon a a mux ten1 nmcK. Couldn't llullrvn the Ifou.-Mollnrux Told of It future Procedure. A Hun reporter carried the news of tho dis missal nf the Indictment to the Tombs last night Night Warden Curren took It toMoll neux, who was asleep In his cell Mollneux was unable to speak for a moment, but soon recovored tho composure which has been characteristic of him since his nrrest He expressed his pleasuro.at the news nnd sent his thanks for the Information Word wns sent also to den. Mnllns ux, who was unable to see reporters JInior Gaidlner had net heard of the deci sion last night until thu reporter told him of It. "Hut I decllno to tal'j. ' lie said "I have a compact with tho reporters In tho Criminal Court building to talk to no one else but them about business of the olllce. and 1 won't be In terviewed (iood night " -dtant District Attorney Osborne, who conducted tho cnte beforo the Coroners jury, was unwilling to believe last nluht that the In dictment bad been dUnils-eil When con vinced that it lind been, he said- "It will greatlv surprise evervbodv In the District Attorney's office. s to the future procedure In the Icnso Inothlng can bo said now. as It all depends upon Justice Williams s decision. If the Indictment vvas dismissed on a technicality, it will not alter the present status of tho case. We will simple rearrange ourenideueeand again present It to tho Grand Jury In tho meantime Mollneux will prob.i blv h'tvo to remalon jail exendinc the action of that body "As to illegal evidence, the further proce dure depends entirely on how much evidence Is excluded as Mlcal When we know that, we shall know what wo hnve to present the case with afiesh. We have plenty of evidence, and It is the kind that Is both sulllelent and legal 1 cannot believe that the bill sos dis missed for either Illegal or Insufficient vl donee it must have been on a technicallts". anil in thnt case I can't say what will happen." Cant. McCluskv of the Detective Ilureau was greatly interested in the news nnd said he was surprised to hear It. lis refubed to discuss the matter Messrs. Weeks and Battle, counsel for Moll neuv. wore at their olllcesln the American thirsty building when the pens reachsd thsm. 'We are. of course, greatly delighted and oratilled." said Mi. Hattle "We felt confi dent that the motion would be decided In ac cordanee with the principles of law and equi ty. Wo shall at once preparo an order based upon the decision and followlug Its trms. and shall serve notlcelof settlement of this order upon the District Attorney. Wo cannot, of courso, toll the precise furm of the order until we have read the full text of the decision. The order will, we suppose, contain such provis ions as to the future conduct of the case as Mr. Justice Williams shall think proper to have Inesrted therein. "T Mr. nattlesald that his order -vould Include an application to have Mollneux released on bail needing the new Grai.d Jury proceedings. ruch a rolsase ou a murder case Is very un usual, hut it is In the Judgo's discretion Mr. Weeks snJd that the next move In the ease would have tocomo from tho District At tornej s olllce. "'I can do nothing further as Mr Mollneux's counsel." he said, "until the District Attoraey acts Mollnou-x can't he discharged fro.n tho Tombs unless the District Attorney has no sulllelent legal evidence ii, the case If ho has sufficient legal evidence he must either take the case before a City Magistrate or sub mit his evidence to the Grand Jury." PLOT TO F.XTKATHTF. ITKCK3TAXS. Cnlyar Confesses, Kxnnnmte Weeks, Impli cates the World" Herkmiinn Let Go. If Major Gardiner Is feeling w oil to-day he may go before the Grand Jury nnd ask that body to look into the attempt to extradite to Tennessee, as nn escapod convict. Nicholas A. Heckmann. tho letter box proprietor, who swore at tho Coroner's Inquest In tho Mollneux case that Itoland I! Mollneux was tho man who. under the namo II C Darnot, hired from him a pilvate letter box. According to a statement made to the District At torney by 0110 of tho porons whom he examined yesterday, the llorM nowspnpor englnceied tint schemo to extradite Heck mann. Tnlk about " spiriting n witness awoy" is irrelevant, seoingth.it, without Ins own eon sent, Heckmann could not havn been extra dited without a public heailnc. The names of four II 01 W men wore given to tho ( hlef of Police and to District Attorney Oardlner Tho Governor of Tenne-see may request tho au thorities of this Mato to clvouptlm men In volved in tho plot, sotlnt tliey maybe prose cuted in Nashville If not. Major Gardiner sas Indictments may bo found here Arthurs Colyar. tho lawyei who came from Tennessee with the lequMtlnn papers, mado a statement sesterd ly to .Major Gaidlnei Ho said that certain persons whoso names have not vet been mndo public had originated the conspiracy, their object belug to extort money fiom Gen Mollneux Thero vvas a news Piper man concerned in the case, together with another person residing in Nash villo Tho llmf.i hid received Informa tion from a tipster to tho effect that it could get uji a gouii story and havo Heckmann taken out of the jurl-dlctlnn of thu New V.ork courts Tho scheme vv 11s to get Heck mini 11 dow n to Teu-ne,7-eo ami have hlni committed to the Nash ville Penitentiary to servo the unexpired term of Percy Kuyinniul, an onoapod convict The scheme, would have worked all right, ("olvar slid, but for tho Interfirence of Judge Ander Muiof Icnuessoe lleckinnnn somewhat resein bled tliomanvvhoh idoscai ed Collar salilth.it alter tho scheme had been Planned uegotla tlons vverecntered Into vvitli llnrtowh Weeks, counsel foi Molliu-ux Mi Weeks wrote 11 lettur to ( nlyar. Coli.ir said, anil also sent a photograph of llectniann 10 Collar at Nash ville (olv.u informed Mr Weeks by mall that hu could proye that Heckmann was Ivrcy Key. nuinrt. Mi Weeks was then asked If he would employ ( oljar to act ns counsel in Tennessee for the purpose of proving tint lleeknian and Itoimond were the same person This Is the stoiy told b Coljnr loljar ndded that the conspirators succeeded In getting consider able money from Mr Weeks to pay expenses in the case ("oljar slid that Sir Weeks had been fooled by the eonsi irators. whom .Mr llenks believed to bonetliu honestly I ho statement of , Collar goes on to say that a girl named Ida Cole wns employed in Provl- 1 dence, R. I., and told that she waa to bo known In the future as blanche II. Oraham.a young woman who at ono time had a complaint In Tennessee ngalnst Percy Ilcymond. Hho was not acquainted with either lloymond or Heck mann, but she agreed to Identify Heckmann as lteymond. Hho wns taken down to Washing ton, where sho was met by a roportor nf the II ord and two men from Tennessee. Thore she made a statement to tho H'oWrt reporter to the effect that she hud Idontltled Heck mann's picture nnd that she intended to go on to Now York to Identify Heckmann as lloy mond. Tho II'orM reporter brought her io Philadelphia, where sho reglsterod at tho King ham House aa Miss M. Harvey, Tho reporter then telegraphed to his papor to solid n few morn reporters ovor to Jersey City to meet him and tho Colo woman at Tay lor's Hotel. On tho way from Philadel phia to Jersey City on Tuesday Ma Cole happened to see a statement ln ono of the morning newspapers to the effect that the plot had been discovered. Hho bocame frightened and left tho train at Nownrk. In tho mean time, Colyar said, he and Prlvnte Detootive Castecn, from Tennessee, had hired a room In Taj lor's Hotel and there- met four reporters of the IVorM "Dreyfus, one of tho reporters. waa Intro duced as an officer." said Colyar. "and ho agreed to servo tho papers In tho case, Ilollcv lug that he was a detect ho, Castecn gavo up the requisition papers to him and Dreyfus went ovor to Pollco Headquarters to sorvo them " The statement of Colyar exonerates tho firm of Weeks iVIIattle fiom all blame ln tho mat ter, and also exonerates Private Detective Cas tecn. Cobar was taken to Police Headquar ters last evening by Detective Hergeants Mo Caffertyand Caroy "Colyar In not under nrrest," said Major Gar dlnor "Oh, no, ho Ib not under nrrest. Hut I am not prepared to say whether or not ho will bo placed under arrest." At Pollco Headquar ters ho vvas reglstorod as a suspicious person. lieckmaun. who had been technically under arrest, vvas taken from the District Attorney's office at noon sesterdayto Part II. of the Su premo Court In habeas corpus proceedings for his release. The Magistrate who Hentonced Percy lteymond In '1 ennossoe. Judgo J M An derson, was called ns a witness, and, looking at Heckmann, said that he was not tho man. Law ver Colyar was then called and ,ald that ho had been employed as attorney In tho oaso by Bartow 8 Weeks He said that he could pot positively Identify Heckmann as lteymond. He said that nuckmanu was shorter than lley niond Heckmann testified that ho had never been In Tennesseo ln his life Ho produced can celled bank checks bearing the datoof lfcWt to show that ho was In Now York at thetlmo Iteimond escaped from tho Nashville Peniten tiary Ills height also proved to bo consider ably under Hoyinond's height Jutle Trunx was convineod that Heckmann was not tho mau wanted In Tennessee and discharged him. Lawyer Weoka gave out n signed statement last night about his connection wlthColynr. He says that Colyar wroto to him from Nnsh vllleon March U that Heckmann was Ilcymond, whose record he gave On receiving that let ter Weeks sent to Colyar a photograph of Heckmann so that them could be no mistake about the Identification. Col lar 11 little later sent several affidavits to Weeks from alleged reputable cltiens of Tennessee, that thu photograph was tho pho tograph of lteymond At Weeks's solicitation Colyar came to Now York on March HO. saw Heckmann and positively Identified him as Heymond Then the Tennessee man went to Washington to get more witnessos At Col yar's request Weeks met him ln Jersey City on Tuesday night andthen learned for the Ilrst time t hat Colyar had concluded that ho couldn't identify Heckmann and hadn't been nblo to get anybody else to. Weoks then Insisted that Collar should go with him. Georgo Gordon Dattlu and ("apt. Casteon to Police Headquar ters Colyar finally consented, nnd the four Rot there at four o'clock jesterday morning. The detective in charge was Informed of the facts, and Colyar was immediately put under surveillance At ll o'clock yesterday morn ing Weeks went over the whole thing with ( apt McCIusky nud later with the District Attorney. The lattor told Mr. Weeks to ap pear in court later In the day, with all affidavits and papers In the case. Weeks was on hand, expecting to be called as a witness. The Dis trict Attorney not only did not call him, but fave him no opportunity to mako a statement. le did, however, take pains to suggest that the whole proceeding was n plot hatched by Weeks Weeks says ho paid Collar's travel ling expenses from Nashville here and nothing else, and he regrets that both he and Heck mann were mado victims of suoh a train of cir cumstances. The statement concludes. "Tho result of the proceedings to-day has shown how easily mistakes In Identification may occur, niftier through carelessness or cor rupt motives" " FTXISC." TTKST STIK COURT CASES. Magistrate Cornell Stirred Up by a law yer's Alleged Offer. Magistrate Cornell In the West Fifty-fourth Street Police Court jesterday declared that he was going to put an end to the corrupt prac tices of lawyers and their touts In that court. To begin the crusade ho listened to a charge against Lawyer I.eon Levy of 8fWf Eighth ave nue, who was accused of offering for 125 to " fix tho case" of Bertha Johnson of 7.'I8 Sixth avenue, charged with stealing $f!5 from Fred Whlttemoro of Boston, Karl M. Lannhere, un Insurance agent, of 102 Ralph avenue, Brooklyn, wns in court to vouch for the woman's good character and to furnisli bail for her. When the case was called he hurried to the platform and began to talk about Lew "Your Honor." said Lanphere. "a few months ago a man met me in the corridor nnd said that another man was anxious to see me outside On the sidewalk I was accosted by a man who introduced himself as Lawyer Levi, and saldth.it he could fix tho case for mo all right, and tint he thought It would Cost about $2.". I asked him what he meant, and ho inti mated that he had pull enough to buy the detective olT. I left tho man nnd hunted up the detective and he told mo that he knew of no such arrangement " George A l',astman, proprietor of a hotel on West Korty-second street, said that ho had over heard tho conversation with Levy, and cor roborated Lannhero's statement. Magistrate Cornell called Levy to the platform and askod what ho had to sav for himself "1 never offered to fix any case," said Levy. I simply offered him my services, and told him that the usual fee In such cases was $2f " The Magistrate said that he should report the case to the Grievance Committee of tho Bar As-oclatlon, with a request that It bo In vestigated, and that Levy be disbarred If the charge was proved. As no complainant ap peared against the woman, she was discharged. r. wn.so.y r0RTF.1t sunn. Knocked Down George W. JDurbrow In it Quarrel at I.os Angeles. Los Asoeles. Cal.. April 12 C. Wilson Tor tor. a young New Yirk clubman, has besn made the defendant In a suit for $25,0(10 by George W Durbrow, a well-known civil engl neor and the manager of the Salton Salt Works Porter and Durbrow were drink ing together and had aquarrel.in whlchPorter knocked Durbrow down, rendering him In senslblo for some time. Durbrow has brought criminal nnd civil suits against Torter. who cannot be found Strange Death of Policeman Schnepfer. Policeman Edmund W. Schoepferof the Bed ford avenue station. Williamsburg, died sud denly yesterday at his home. .131 South Third street. Ho was 35 years old. and was appointed on the force six yeais ngo Rchoejifer worried greatly over his '1-year-old daughter, who was born blind ostorday afternoon ho was hold ing her in his arms vv hen Mrs r-choepfcr went ton neat by grocery store. When she returned ten minutes later Schoepfer was lying on tho floor and tho blind girl was passing her hands over his face. Dr George Dlrkes was called, hut when he got to the house tho policeman was dead, It Is thought death was duo to apoplexy With all the attempts to ring changes in overcoat cloths and colors nothing seems to affect the ever popular covert coats. They stand mussing and bang ing; they withstand dust, rain and mud they're sensible coats. ""vY dozen or more shades to se lect from. !? 8 to 30. All the new coats that "ring true" you'll also find here. Hookup, Pkkt fe Co. 3r0 llroadw&v 1 nr. f-eonanl. RtiM Ilroadwat.rer. Prince. Tlilrty iocuiiu sad uruidwsy. ' QUAY'S LETTERS ADMITTED I SHARP RATTLE RETITEEN COVKSEt, I AT THE VlULAliRl.PlllA TRIAL. I Judge Illddle Deride a Cruelnl Point In Fnynr of tho Prosecution Ttie Famous "Hedllook" Not Yet Admltted-Terli-nlcnl Points Argued ns to si Cnmplrncy. Pnii.APKLrniA. April 12. Closo-range fight ing was the rule In the Quay trial to-day, and honors were pretty evenly divided between tho prosecution and defence, although aa the case stood at adjournment, whloh was reached at 2:40 o'clock. It was thought that the attornoy for tho commonwealth had a shade tho better of the battle. Thero Is little bluster on cither aide. It is a bitter battle, but it Is being fought calmly. A vital point was reached at to-day's hearing, and interest was at fever heat during tho argument of the District Attorney on the admission of the famous " red book," and tho other books, telegrams, lettors. and memo randa that wore taken from the desk of Cash ier Hopkins After a long argument by the District Attor ney In answer to the argument of Mr. Watson against the admission of the papers and books mentioned. Judge Biddle decided to admit all excopt the "red book," which contains the entries of lonns mado and calculations of In terest thoreon. The book wns not llnally barred, as the District Attornoy requested the Judge to withhold decision on it until Inter in tho case, when he had use for Its contents, and at which tlmo ho desired to mako a specific argu ment showing tho reasons why It should be re garded ns evidence of a proper nature and should bo admitted. Tho greater part of tho morning wns con sumed In argument which wns of a decidedly Interesting nature. In the afternoon us the luttorsand telegrams were being road former District Attorney Georgo S Graham was called to tho stand. Another sonsatlon was caused by this action of the prosecution, as it vvas sup posed that new testimony of nn important na ture was to bo adduced. Mr. Graham was aworn with upraised hand, and his striking presence mado an effective plcturu as he stood looking nt ills successor in ofllce. and below him sitting tho man who for so many years has dominated the Republican political arena in Pennsylvania. Tho expected sensation failed to come, as Mr. Graham was only called to Identify two telegrams, one of which was that saying. " If you buy and carry 1.000 Met. forme, I will shako the plum tree." Witness said that the defendnnt. M. S. Quay, hud ad mitted being tho author of the telegram at the hearing held beforo Magistrate Jermon on Oct. 5 The defence asked him no questions, and ns ho stepped from tho stand thore was an aud ible sigh of relief from those who had been ex pecting important revelations and an Interest ing legal battle. The two telograms read by Mr. Graham were addressed to Cashier Hopkins and wore signed M S. Quay. The Ilrst was dated Feb. 4. 1808, and read "Get out at a profit: my check on you for $7,000 " The second was tho famous despatch of Feb 11, 1808: "If you nuy and cany 1,000 Met. for mo I will shake tho plum tree. ' Tho struggle over the books of the bank was renewed in the afternoon, and after somo argument It was decided to bring the books. 217 in number, into court. This was done. Mr. ltothermul wanted to call tho clerks of the bank to Identify them, but the defense ob jected Numerous propositions were mado us to their admittance, but It vvas seen that no agreement could bo reached this afternoon and court was adjourned until morning Court opened with Judge Biddle and former Chief Justice Edwin M I'axson on the bench Tho jurors, tho defendants and the attorneys for the defence and prosecution soon took their seats. District Attorney Itothoriuel entered Into his answer to the argument of Mr. Wnl. son Mr Ilothurmel began by stating that in all cases, from murder to simple assault, clr cuinstantlal evidence could ho brought in. Conspiracy, lie said, is not different, nnd it can be proved by circumstantial evidence He con tended that if A, B and C were 111 a conspiracy, the acts of A could bo proven bv B and C. When tho acts are done in furtherance of a conspiracy they aro admissible, but are ruled out only when notdouo ns a part of tho con spiracy. The District Attorney said he proposed to show that M 8 Quay borrowed money of tho People's Bank to purchase stock, and that tho bank loaned hlni thu money without Interest. He charged that because of the conspiracy be tween 8tate Treasurer Haywood. John 8 Hop kins, and M 8 Quur thero was a scheme to divide tho interest of the Commonwealth be tween them In certain proportions Taking the period of six months ending Oct 31, lhiff, there were deposited in the Peoplo's Hank sums between $.'25,000 and S505.0OO Ho said thatQunyhada loan of tlM.l.ooo during that time, on which he paid no interest Mr Itothermel then outlined tho alleged crime as reciteH yesterday to tho otlect that he proposed to show that tho 8tato Treasurer re ceived one-thiid of 11 percent of tho State do poslt. less 20 per cent, and less tho interest on Jleb.oOO. which wns used by Quay." He sub mitted that, under the proof that ho should adduce, the jury could find hut onoxerdlct if the evidence stood uncontradicted "Tho jury, to render a verdict otherwise, would havo to believe ttuen Improbable things." said Mr. Itothermel. Theso Improb able things, he 6aid. wore" That Interest which ho would show was paid to tho State Treasurer vvas not paid as Interest on deposits of State funds, but that It was a voluntary gift; that Quay wis entitled to the use of $185,000 without interest, tho Intorest being n more voluntary gift of the bank to Quay, and that tho sum paid to the htnto Treasurer happened to be just one-third of the Interest on the (.'0111 tnonwealth's deposit after deducting 20 per cont. of the interest for the bank and the Intur est on the loan of $185 000 to Quay. "I'nless they believe," continued Mr. Iloth ermcl. "that these aro mere coincidences of llgures, the jury can have hut one conclusion, if those facts ate unexplained by the defen dants that this wastho result of design Wo do not In our offer leave this for a momont in doubt. We establish that It was design. We establish that it could not have been the result of accident or coincidence by putting In evi dence, or offering to put In evidence, a calcula tion made byJohnS.llopklnsonOct :il. IM.17 n calculation mado by him to divide the inter est upon the Commonwealth's deposit befweon John S. Hopkins for the bank, M 8 Qnav nnd tho Stnto Treasurer.Haywood. Wo offer to show a calculation. In which he sets down tho ( ommonvvealth'sdeposlt correspond ing vvitli the Commonwealth's deposit upon the books of tho bank. In which Interest is taken upon that defiosit, the total added together -foi thore Is a variance In tho datesof the do poslts, making different calculations of Inter est 'I he sura total of that Interest is added to gether. M per cent deducted from that, tho Interest on the loan to M 8. Quay deducted from that, ond the remainder divided into three parts, and one-third of II percent paid to theCommonwcalth corrospondingto a cheek which we propose to put in evidence, a check to Benjamin J Haywood, State Treasurer, for tho exact amount Could there bo any moro convincing evidence than that ?" Mr, Itotherraol also offered to prove that them wero two settlement periods esch 1 ear. ono on April .'10. the other on Oct ,tl : that the calculations of Interest worn made hi Honk lis Continuing, the District Attornoy said that he would prove that tho acts of Hop kins, Quay and Haywood In six months ending Oct .11. 1807. constituted a conspiracy further, he proposed to show tho very scheme by which It vvas ilono. Ho said thnt many of tho bank books showing the deposits of State money had been lost nnd It would be Im possible to tell what was done dining the po ilods affected But from ISHOto 1888 he run- tonded that there was a loan shown of $H81, (100 He would show stock purchased and par ticipation In sharing Interest byeaeh of certain State Treasurers from that time In answer to the assertion mndo by Mr Wat son that the statute of limitations barred out evidence back of a fierlod of two years beforo tho charge was brought against Quay, ho quoted an oplnlonof theSuprenioCourt written by tho then Chief Justice I'axson. who vvas on the benchasanobseiver It was recited that tho Btatiito of Limitations "affects the crime, but not tho proor of It " Theoplnlon said that con spirators do not publish their conspiracy, and It was argued that acts aro ndmNsiblo which all tend to a common end As to the point advanced by Mr Watson yes ii,Ji,.,u'u0.r. "if, M'-n?f regarding tho loan of $10ao(HtoIllchard Quay on a note Indorsed byM 8. Quay. Mr Ilothermel said he would show u resolution of tho Board ot Directors of the People's Bank In which they agreed to mako tho loan on condition that a certain letter bo written by tho Stato 'Irousuior He declared ho would show that the letter was written by Mr Haywood In accordance with the resolution and sent to the bank, and that tho louu was mado. Mr llotliennel asserted tliut he would show violations nf three sections of the law govornlng the btate funds Including tho prohibition of the lending of public funds and tho lending of them for tho uso of a third person llegardlng the stand taken by tho defence that money deposited In the bank became to all inteuts nnd purposes thu bank's funds and lnt its Identity as tho money of Htate, Mr ltothermal agreed with Mr Watson "Hut." he added, "that doesn't affect tho taking of profit from a fund of tho Htate deposltodln the bank whon it had been said to the bank In effect If you don't allnvvmolntereston theso funds I will withdraw thu Stnto nccount " , Hero the question of tho admisability of the books waa gone into at lent th. Mr. Itothermel affirmed It as a gsneral principle of law. "What my friend of tho other side seems to have forgotten,' he sajd, "is that acts between third personscotistltdto competent evldonce to show that they aro a part of the not Itself, nnd they nre ndmlssahle on the same princi ples of, circumstantial evidence. Upon this principle tho books in which entries wero mndo in the regular course of buslnmshy the clerks nro admissible In evidence. Wo nre un 1 dortaklng to prove the crime of conspiracy by clrcuitiAtnntlnl evidence, and that the notsof tho conspirators wero to a common ond " Mr. Itothermel then stated thnt ho would show from tho written net of Quay that ho was b lurgo borrower through the People's! itanlt fortho purpose of purchasing stock, and from tho wrltton act ot Hopkins that he 0011 Wol led and managed tho funds or tho bank nnd had chareo of tho call loans partioulirly. He proposed to show thnt Quav received loans without interest, nnd which ho said ho would show, to tho satlsfaotlon of Hnyvvood. by his acceptance of a check and by Quay's1 ac ceptance of a loan, lit declared that tondiipt tho course argued for by the ilofence would tip set tho doctrine of the ages, and sold tho evl denco showed that Quav employed Hopkins to buy stocks. "Tho evidence." said he. "will show that two men employed nnother to han dle Stato funds And divide the interest between them." Mr. Watson replied rev lowing what he had said yesterday and declaring that ho Intended to Insist upon the constitutional rights of tho defoneo. He affirmed that a man could not bo convicted of a crime which the Grand Jury did not pass upon In tho Indictments, nnd said that the hill of rights declares that no man can bo tried oxcopt upon a bill charred by tho Grand Jury. Ho said that no decision could be shown where books hnd been admitted Into evldenco In n case like this, though In certain civ II cases the books wore admissible, but only whom tho controversy Is between tho bank and some other porson. " You can't put mo upon tho rack nnd crucify me, ho suld fiercely, "becauso somo other person did not do right " He riotodu hiatus of three years in the period dwelt upon by the prosecution, nnd declared that tho proposition to admit the books wns unsound. Judgo Biddle. In his decision, ngroed that when money wns doposlted in the bank It was out of tho control ot the principal, tho Com monwealth In this caso. but that tho uucs tlon nt Issue was whether Quay, through his political Influence, had been able to Induce the Commonwealth to mako a de posit which, "to uso a vulgar expres sion, was n deposit with a string to it." That it was n deposit which the bank wns bound to keep Intact, tocnnble HonntorQuny to use It as collateral for borrowing money ; that it vvas a deposit which entitled him appar ently to tho receipt of a certain amount of In terest upon It. Therefore that proposition was an entiroly different ono from the ono ilrst stilted. "To say," said fho Judge, "If that Is tho ar rangement, that Mr Quay had no knowledge of It. or is not Implicated by it. and that ho Is not to bo considored with regard to tho char acter of tho deposit It seems to mo Is a conten tion that cannot be entertained." In regard to tho books of the bank, the Judge said the prosecution undoubtedly had the right topresent thorn to show tho nature of tho de posits made, and whether the defendant Is re sponsible for whnt was put there. As to the " red book" or " blue book," he said. It occupied a different position. The book was found among the other books or tho bank, but in a drawer, nnd it was crowded with allsortsof rubbish. He was not satlslled yet that It was competent ev I dence Mr. Itothermel said he did not argue for tho admission of the "red book." and asked that decision be withhold This, after brief argument, was granted , Aftortho recess Mr. Itothermel offered the letter from Quay to Hopkins, dated Jan. :i. I8U1 Mr Shields objected, but the objec tion vvas overruled and exception taken. The letter read: " I'nitfd States Sknatb. 1 .. " WxsniNOTos. D C . lllth Jan'y. 1807. I DrAK.IonN: GlvoOeorge Huhn $25.000 for me It is torn margin In some stocks Send men noto for $25,000 and I will sign and re turn. Quav. " To John H Hopkins. People's Bank. Phila delphia " Then followed the offering of other lotters. all of which wero objected to. The objections were overruled nnd exceptions wero taken. Tho letters follow: "United States Senate, I W ahiungtov. D. C , Sept. 21. 1807. 1 Dfah.Tohj. I have at Huhn's 000 shares of iVV . J.jyW1 rqutotakooutforme. It stands $110.H12.'.0. Aug :tl. nnd with lour $111.02.1 will make $172,4:7o0 I willowe your bank I linve 100.000 New Jersey bonds nnd 1,500 shares ot Now Jersey stock which I will etianco Into Met. as soon ns the top notch In Jersey Is reached That is to anr. 1 will sell tho Jersey securities and pay off the Indebtedness to tho People's The Jersey bonds ought to go to par within sixty days, and when they nre par the stock will be nt least 50 It will pay a small dividend next year Pleaso write me on receipt of this. "very truly yours, M S Qt'AT." "loJonS. odIihi. I'eoplt'i Hank, PliilaJtlpKxa. "P. S.-I suppose thero is some circularto the Met stockholders explaining what was done nt the mooting. If thero is. please send me one " Letter dated Sopt. 28. 1807. "Your letter is to hand. The arrangement about the Huhn stock is satisfactory. QvhV " 1 0 John ,v. ooAniii, Ptoitla' Ham. I'Madtphta " Letter dated Han Lucie. Fla , Nov 2H. 1807 " I nitep States Sknati.-. W asiiinotov. D C. "Drxn Hopkinb: I enclose note for $02, 8.U.25 at jour request I presume it Is fortho 500 -hares of Met. If so. I think Monte must have forgotten to collect tho cash dividend of $1 25 per share. I have your telegram saying the bonds nro low again. How much stock have you sold? Wo will leave here on or bo foro the first of December. Most likely will he home by then M S. Quay To John v. foploiu. Ptoplrt' Uanl, PlliladtlphHi." Lotter ilnted Dec. 4. 1807. U. S Senate. Washington. D. C " DEAn John-: Yours to hand I will let you know before drawing on you Please write mo and gii erne state of mv account What do you hear al out Met.? I thought when I bought this stock it vyould go very much higher than It has. hut I am commencing to feel like letting It go. to take It on again at lower figures. There are no war notes at present. The action of the Span ish Government and tho President's message will be quiet auri pacific. Yours. Quat. Letter of Doc. 7. 1807. "Senate CniMiiEn. Wasiunoton. D. C "Dkau John: As to the Met. scrip, tho rea son for Its cheapness is that it bears no interest until next October, and that the company lias the option to pay in cash or stock. Tho option is with the companj-. not with the holder of tho stock. Should It go to the bad. It will bo continued. If the stock goes above par and remains so the company will pay the money. Mr Uuhn tells me nnd It seems to mo that under the circumstances 02 or 03 Is a very full price for it. Yours truly. " To John S. Hopkins, Peoplo's 'Bank. Phila delphia. Tho letter nnd telegram of July 31.180(3. wero offered, but Mr Shields objected to them being read, as thywero not within tho statu tory period. The DIstrlot Attornoy argued that they were not offered to prove conspiracy, but to show that Quay had borrowed $100,000 on a note of II. It. Qu ly and Arthur Kennedy nnd Indorsed by benator Quay on Aug. 5. I8H1I. The epistles were admitted. They road: "Benjamin J Haywood. !-tate Treasurer: Tlenry C. Greiinwalt. , Cashier: T Stewart Peiree. Assistant Cashlor. Commonwealth of Pennsylvania. Treasury Department. Harris burg. Pa. July 3L 1800. 'Jdmn McMantt, Eiq., PttpU't Bank, Philadel- "I)KAn Bib: On Monday we will mall you a check for 10rt,000 for credit of Commonwealth of Pennsylvania general fund, which will mnke 11 credit to our account of $(100,000. The un derstanding Is that I am not to draw against any part or this deposit until the Hon It. R Quay has paid, or arranged satisfactorily to you, the loan of $100,000 which wo aro to mnke him next week, very truly. " II. J. HAtwoop, Sfate Treasurer," The Pennsylvania Iron rinnm. Heaping. Pa . April 12. -The Iron boom In east Pennsylvania continues. The furnace at Kmauswas put In blast to-day. The old fur naco nt Leeeport is ready to start up. The Soyrert Boiling Mill al Ctlhraltar will fire up on Monday. The West End Boiling Mill of Leba non will rosumo on Thursday. Flftr cars of Pig Iron nre now being put out from Lebanon vnjley furnaces dally, which eclipses all rec ords The iron has hardly time to cool before It is shlppod away XV. I. Keyes Makes nn Assignment. Louibtii.i.e. Ky April 12.-W. D. Keyes. for many years manager of the American Tlate Glass Works of New Albany, Ind . which was at thnt time the largest concern of the kind In tho world, has mnde nn assignment at rittsburg. i?,lvrlvJ.thirl"lbllLne". ncerecatlng nearly $100,000. Kees tins for some time been an officer in tho Ford City China Company. Ford City. Pa. The (Antique The Modern We live much Furniture that was made by the foremost makers in generations cone by And Furniture made by our selves tint will perhaps be as highly prized in fenerations to come. Both sorts are costly but your Furniture money could not be more wisely invested. Just now a number of choice An tiques at moderate cost both stores. Schmiti brothers, Two f Cor. 25th St. & 4th Ave. 1 Two Stores. 40 East 23d St. i Stores. -'--'"- If you had a larger and better arranged desk, could you not get through your work more easily? HALE CO., Desks at export prices, tt g 15 Stone Street. JS J next Produce Exchange. ." ' i i . SANTA MARIA CAPTURED. CU.V. WIIEATOD'S R RIGA RE CirASIXO AOVISALDO'S eORCBS. Ueb el a Made si Charge on Our Front with Catling Gun, but Wore Quickly Kouted with a Lois of 100 Killed nnd Wounded Lawtnn's Work at Iagunn de Bay. Spietal Cablt DnpaJch to Tnt Ben. Manila. April 12-0:15 P. M.-tarly this morning Gon, Wheaton's brigade, which had been concentrating at Booave, started east, chasing tho Filipinos beyond Santa Maria do PandJ. which town tho Americans captured during their advance, Tho enomy made a charge upon tho American front with a Catling gun. but wero utterly routed, losing 100 men In killed and wounded. Santa Maria de Pandl is In the province of Bulacan. and situated eight miles east of the capital. Bsilacan. Tho town has a population of 10,508. It Is situated on the Santa Maria Biver. LAVTTOX PURSUES TUB REBELS. Captures it .Spanish Gunboat and Vessels Used on Lacuna de 11 y. WAsniNQBON. April 12. Gen. Otis oabled the following to tho War Department to-day: "Manila. April 12. Yesterday. In the lake region, I.awton pursued Insurgents eastward from Santa Cnrz. dispersing them ; captured all tho larger vessels used In the lake trade and a Spanish gunboat. He Is now endeavoring to pass them from the river, where concealed, into the lake. " Wheaton drove the enemy ten miles to east word of the railway line of communication with Malolos. Lowtcn's and Wheaton's casualties are fow and slight, as the enemy made no etnnds. "Notified by Spain that she will evacuate Mlndoro and Polo soon." DEED OF nEROISM SEAR MANILA. Corporal Reno Rescues a Dliniounted Trooper Under n Heavy Fire. Washington. April 12. Information was re ceived to-day by Second Assistant Postmaster General Shallenbergcr from ono of our postal agents in the Kast rogardlug adeedof hero ism which has bo far passod unnoticed ln this country. It wns porformed during tho early part of February, near Manila, and the corre spondent of the CAiiio .Vail of Hong Kone said that had the hero. Corporal Reno, been an Eng lish officer, he would probably have rscslved the Iron cross, which Is the highest honor In the power of Queen Victoria to bestow for vulor in the foco of tho enemy. A troop of the Fourth United States Cavalry was stationed on the south sldo of Manila at the tlmo mentioned, under command of Lieut. Cnrsou. Tho troop had been doing excellent service in reconnoitring work Ono day n party of tho men, under command of Lieut. Boyd, woro sent out to locate the enemy. Tho party had pushed a long way forward without trouble, and were on tho point of returning whep tho rlllpiuos appeared from the brush on one side and fired Into them One of the ponies was killed, dismounting Private Davlckl and wounding Private Wlntler. All hurried to shelter, some f00 ynrds uway. across a deep stream, and it was nut until the party had reached It that It was discovered that Private Davicki had been left behind. Without n moment's hesitation Corporal Iteno dashed after him. dismounted, placed Davlckl In the saddle and brought htm in safety to his companions. Reno ran alongside of tho pony, his hand on the stirrup. The Filipinos main tained n heavy fire, but the two crossed the stream and rejoined their party without Injury. Whnt makes the caso more notloeable Is that Reno was a raw recruit, selected by Lieut. Carson to act as CorporaKbecnuso of his intelli gent looks. Lieut. Carsofi was highly pleased at the bravery displayed by his protest. 1IET.T) A REGIMES! J.V CHECK. How Knglneer Wlnthlp Saved n Landing Party from the Gunboat Itennlngton. Washivoton. April 12. The following ex traotls from a private lotter dated March 11, received by a naval officer In Washington from a friend in Manila, It relates to Assistant F.nglneer Emory Wlnshlp of the gunboat Ben nington. Mr. Wlnshlp Is from Georgia and was graduated from tho Naval Academy In July. 1WW: "Wlnshlp did a flno thing last week," says the writer. "A landing party of about 12f. from the Bennington, went ashore on Malabon in several boats, and a launch remained, with Wlnshlp and two men as boatkeepers and to watch steam The lauding party udvanced foolishly without scouts and precautions, and were suddenly sot upon by a regiment of Fili pinos. Thoy fled for tho beach to the boats. Sursued by tho natives, and were hard pressed, eelng this. Winshlp unlimbered the revolving cannon in the bow of the launch and turned it loose upon the pursuers. Hokspt up a deadly tire, and thirty Filipinos wero Killed or dis abled. Ho stood off the whole gang, enabling our party to get to their boats safelv Ho then fell, having received five bullets. Tauslg says that but for Wlnshlp none of the party would havo escapod " Tauslg is the commander of the Bennington. Additional Catanltles ln the Philippines. Washington. April 12-Oon. Otis cabled, underdateof Manila. April 12, fho following casualties not heretofore reported : Killed.-Fourteenth Infantry. April 10, Com pany G. Private J. W. Pitts: Seoond Oregon. April 11. Company M, Privates Henry Payne, Edward Hoffman and Joseph Borrey: Thir teenth Minnesota, April 10, Company L, Pri vate AmessoCole: April 11, Company C, Pri ato Morrlss P Beatty. Woi'ndkp - Hospital Corps. April f. Acting Hospital Steward Benno Altman, forearm, mod orate Thirteenth MinnesotaApril 10. Company B. Trlvato Henry ross. leg, moderate: 11th. Company F, First Lieut. Charles Clark, scalp, slight; Company A. First Pergt. Eugene Sans comb, thumb, modeiato: Corporals Holden G Gilbert hand, slight; Company I, Walter Ity lierg, arm. slight: Company B. Private W ,f. Ohio, oar, slight : Eugene A Harvey, thumb, slight: C. J 5Iiggson, back, slight; Charles I'ackett. hands, slight: Company C. John J. Young, jaw. severe; H Bjorn Glslossen. scalp, slight; Harry Anderson, ear. slight; Company L. Richard Kelley, forehead, severe; Adam Hotihklss, thigh, severe Fourteenth Infantry-April 10. Company D. Prlv ato W llllam Homers, arm. severe. Iourth Cavalry April 11. Company 0, Pri vate Joseph Grabowsky. head, severe. First .North Dakota-Company II. Corporal Herman Wolf. foot, moderate. First Idaho Company A. Private Arthur Plarson, forearm, sevuin. Second Oregon-Company M, Privates Ever ett II Millars, abdomen, severe; Arthur riul lon, arm, slight. Leave Fort Monroe or Manila. Ny.wroBT Nhws. Vn, April 12 Batteries F and Hot the Sixth Artillery, whloh have been stationed at Fort Monroo since the beginning of the war, and aro made up largely of young houtnern soolety men nnd sons of merchants and planters, loft tho fort this morning at 10 o clock for Han Francisco, where thoy will board a transport for Manila. a.000 Tons of Coal for Dewey's Ships. NonroLK. Va . April 12 -Tho bark St James. Capt Tnpley. sailed to-day from namnton Roads for Manila with 2.000 tons of Pocahon tas coal for the uso of Dewey's warships. To Curefn Cold tn One Day Take IxstlTeUromoQiiinlnsTsbleU. AUdrogrltts rtrunittliaiunn.y if It fsil.to cure. 35c. Tbeccn nine hu L. B. Q. on t.vh Ublot,-". Howard & Co 264 Fifth Avenue Choice Oriental Pearls all sizes, of the extremely fine quality now so much desired but so difficult to obtain. Inspection Invited 264 Fifth Avenue Howard & Co Fifth Ave.IuctioflRoois, 2S8 FIFTH AVK. WM. n. NOUMIN. Auctioneer. TO UK HOLD THIS (THURSDAY) AFTERNOON, AT 2 O'CLOCK. ALSO FB1DAT AND SATITIDAY AFTERNOONS. APBIL 13. 14 AhD 16, AT BAME HOUll, A Most Important Collection or ANTIQUE AND MODERN rtmXITtjRrt AND 1IOU8BUIOLD EFFECT Removed from tho Private Dwelling no. 55 east g7tii st., mansion on Madison avenur (The owner of which in win? tn reside In Farin. COMPlttSINO Tory Choice, feprf linena of Olrt Mnhncnny, EMPIRE AND OAK FURNITURE, nanilsome Kuipiro lleitttrnit, It aro Illch roit Itnlatonil with rtofa to mutch. Superb Rejected Turklih Rutcs and Carpt, Sofa Cn.hlonn, Jtobee. Urapeiiea, Kmbrolderlei. MAGNIKK'KNT TKAICWOOD SCHEKN. Mounted Stair' Head, Ilnj al Denial Tiger Head. Weatminater Chime Mantel Clock. COSTLY ETCHINGS BY A. H. HAIQ, OIL I'AINTINOS, Rare Chinese Porcelains, OENl'INE nilONZKS. Braaa I'lrei Sets, lMirpnlrlnn Gluts and GUKCO-nOMAN rOTTEUY, Braaa Redatenria, Lowestoft Pnrrelalna. A Collection of Vnlunble Hooks. Arm a and Armor. Dinner Seta and Cut C.lnss, Jtr.. tc. J3 Fur Storage. Furs and garments of all kinds received for storage, in suring same against loss or damage by fire or moths. Furs left with us for altera tions or repairs, will be stored and insured without extra charge. Lord& Taylor, Broadway & 20th Bt. ' i The Ease and Comfort With which an eyeglass fits a nose depends more on the manner of adjustment than tin kind of Clip. There is a knack in bendin? and adjusting frames to fit a nose that n only mastered by one of practical expert ence in their construction and thorough knowledge of facial contour. I hae that experience. PoufHTlrWMUii Jbc Finn AvcnvsTOpticIAN " 287 Fifth Avenue one Door above 30 Street Jattlre I'ntnnm Accepts tho Appointment nr I'athtnastrr. I Baratooa. April 12.-Just!ce John H. Putnam of the Appellate Division of th Nnw York Si- frmo Court has ncceptod the appointment of athmaster for the district, vr hleli Includes his Harutoea country seat He la named by the Illeliway Commissioners, and his duties art to keep the roads In repair. Annual Donation for Destitute mind. Superintendent lllalr of the Outdoor l'oor Department of tho Public Charities announce! that tho destitute blind who are citizens can make application now for the annual donation He requests that they call before II P. 31 dally. except baturda) gmwrnwifrwifFwiffWiirg Brains Repaired it: a delicious food made r fc: of grape sugar by rS FOOD EXPERTS H !e Grape-Nuts. j fc AT GROCERS.