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Evening star. [volume] (Washington, D.C.) 1854-1972, May 31, 1894, Image 1

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1-CI feafiTiu Ansae. Cor. 11th StrMt, by
The Ererinp Str.r N<"W3oaper Compaaj,
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m fBe eattnj. TJesferfcap's
^tor contained }8 eofumns
of afctjcrfisemenfs. mafcc up
of 741 separate announce:
ments. ?Bese afcoertisers
Bought pui3f'ic;tp-not merefp
Vol 84. No. 20,?90.
The Latest Indictment Against Col.
Ainsworth Quashed.
He Follows Rules Laid Down by
the Court of Appeals.
Judge McComas this morning dlspDseJ of
the demurrer tiled by CcL Fred. C. Ains
worth to the Indictment recently returned
against hl.n charging him with mau
?Uujbter In being criminally responsible for
the death of Frederick B. Loftus, one of the
victims of the F.,rd'? Th?atsr disaster of
the l>th of June last. The demur-vr was
unstained. Judge Mot'om is holdirg lhat the
d^ ?th of I.oftL.s did not appefcr to have
ensued from the l.-r.msdlate and dir^ci re
?ult of the personal Rijl^jt by Cot. A;i,b
wo-th of his personal duiy.
The announcement In The Star that the
decision would be delivered this morning
served to till the court room, and Judge Jlc
Cumas' elaborate opinion received the clos
est attention of those present. Col. A Ins
worth was not pres. nt. but ex-v\ingrcssman
Ben. Buttcrwcrth and Mr. J. X. Morrlscn
of his counsel mere present. District Vt
torney Birney and Mr. Hugh T. Taggart
appeared on behalf of the government.
Tlit- Opftuiou.
The opinion of Jud^e McComas was as
The disaster at ' Ford's Old Theater" on
the ??th day of June. lv?, tv.is followed by
an indictment of Ainsworth. Dant. Covert
an! Siuse for rn-u. slaughter. I overruled
the demurrer tc that Indictment and te
quired the deft ndums to plead. The Court
ci Appeals reversed my ruling and remand
ed tr.e cause, in orjer that the indictment
might be quashed.
A new ind.cu.ieut of Col. Ainsworth alone,
for manslaughter, charging Mm with an
<m:-sion or negiect of duty, whereby was
Catsed the il.-ath of Frederick B. Lwftus. is
celore me up.-n demurrer.
i he opinion of the Court of Appeals
respecting the former indictment prescribes
' y certainty a;.d n,sa of allegation
rtf- ilaite to this indictment.
The Court of Appeals further state the
rule of criminal liability for culpable negli
gence thus: "Facts must be a\erred on the
face of the Indictment to show that there
as In legal contemplation a common or
l.Ke personal duty on the part of each of
t.:v defendants, and the facts averred must
Itot only show the n ?l?ct of that duty, but
to maKe the party guiity of it liable to the
charge of felony, such neglect must have
Le-n personal, an l the death that ensued
n un have been the immediate and direct
result of that personal neglect of duty."
(Ainsworth et al. vs. L". IS. Wash Law He
Porter, SlIJ.)
The Demurrer Sustained.
This rule and the particularity of the al
legations of such an indictment. Insisted
upon by the Court of Appeals, requires me
to sustain the demurrer to this Indictment.
The farmer Indictment was long and elab
orate. The present indictment is more vol
uminous. Judge JlcComas then stated
what the material allegations In the lndlct
""l?1 w re- allJ then proceeded as follows:
This indictment does not charge that
Ainsworth assumed a duty and neglected
the duty he had assumed, nor that he had
an individual personal duty which he ne
glected. The In llctment attempts to charge
him with an official duty, and with the ne
glect thereof. It avers that Ainsworth. b*
lng the chief officer and head of the divl
.r1"11 as s'->ch having charge of the
r ord s old theater'" building, and of the
persons employed therein, distributed the
cierks over the three floors; that he recom
mended that tile alterations to admit an
electric light plant Into the building be
made; that he approtej the drawing and
specifications for this work, and requested
that advertising for bids therefor be author
lied. and that the contract with Dant be
approved- In addition, and whether in his
official or individual capacity is not clear,
the Indictment avers that Ainsworth added
Jwo c'au?es ?? specifications prepared
b> >asse for introducing the electric-light
plant and approved the drawing and speci
fications; that the contract between Thorp,
chief of the supply division of the War De
partment, and Dant contained, among
other provisions, these two clauses added
Xo the spec ideations by Ainsworth:
(laaae* Added by Aln?n?rth.
1. All excavation must be done at such
times and in such manner as the officer in
charge of the building may direct, in order
that the work of underpinning and building
Walls may be safely and properly done."
J. All work to be done In a first-class
manner and to the satisfaction of the of
ficer in charge of the buliding." and the In
dictment charges that Ainsworth was the
person designated in the contract as "the
Officer in charge of the building."
The indictment then avers that these two
Clauses of the contract between Thorp and
Dant were intended to and did invest Alns
. .wW,th rtSht uid power to superin
tend the work of Dant and his workmen, to
direct them when and in what manner all
excavation should be done and required
him to give them such Instructions as to
time and manner of excavation as would
insure the stability of the buUding and the
lives of persons in it.
I need not consider whether the Secretary
th.,.'ar / aW'ovlnK the contract could
Ain w " ? ?f ,uch 11 nature on
^ i, ju whether the Indictment
wh. ther"lt .hr"'Ulr> "UCh Jut> of him. nor
netner It shows that Ainsworth received
notice that such duty thus devolved upon
In lictm?nf1Se thw Chante of dut>- "hlch ?he
lnlictment makes against Ainsworth de
the Pleader ahPOn th<" construct'on which
Dlac^ u.ltn Th Pr"pand the indictment
^ v. p th-se two clauses of the con
tract between Thorp and Dant
wmin^ t|^,C?n,ltructi'jn of thls contract in
writing Is for the court. The court cannot
in wr,un?
Whole written contract be set out. either
fall anV*n?r ?r- at ,wist by lt3 purport a
fall and comp.ete statement of Its ?ub
.Ev.*n an Isolated clause must be
Judged by lu context This Indictment re
q?r.s me to de: rmlne. from a p.^rt of a
written contract.whether th. whole written
e.ntract. to wh.ch Ainsworth wa, not "
an 1 li i*?*5 ?r Wi3 n"1 '"tended to invest
T ilhr9h ;x'nswo.r,h with ri?ht- a? 1
th? i .Imposed upon him a duty
^e neglect or omission of which by him'
l ' as"" of !h,L consequences of such ne> -
'?^-t. Justifies this Indictment.
A Radical anil Fntnl Defect.
Beeause every contract In writing must
taken together and constructed as a
whole, and because the whole of this con
ract in writing between Dant and Thorp
s not spread before me In this Indictment.
orn'V,^ib'e for m? to determine whether
ind iiu icontract was Intended to Invest
Ainsw. rth with c. rtam
charIfert^i^i.B<?^3,JlmI>'slnB * certain duty
in the indictment. This d feet is
rS, a,n, fatal to thls Indictment. If
clause rVrmpI t0 cons,nie these isolated
th it th? h>Vi ? "0t s"'"m to Import ull
id' hi-' v concludes was inten.I
^qulre ST',1' 11 ,:rst Wause ^PPears to
Wrf ln M C? "x a^ati 'n he at such time
" the r a? ,h" ui,U'or ch-rge
t' e w irk f 'i"i4> r"' f' "in order that
?a;is m v / ''innlts and building of
The ind\c? "V alii properly done."
A>r sw ,r.v! *V,'rs tha' k? this clause
hU workl aS rT':Vr"'! ' ' 1 'e.nt an,I
nisi workmen such instruction as to tin.
?h? Tai"n "r ?f KX'-'i4Vat'-'?? as would Injure
of'* ""br,y fV" ' ?"'? * he live-*
Th ? KT ?ns ,n 11 fl -ndangered.
n, ri L?? KXaCt Tt"^ - - Tieth'ng
"-i?' ? e requirement that
sif^done.-^' bU,,dlnS WaiU
It la urged lhat Ui? contract partiy set
out in the indlctmc-nt <i:*i--los23 that Dant |
v.-as an independent contractor: that the I
two clauses recited did not take from him I
the control of the work and the workman: 1
that therefore Ainsworth did not have the
right to control, did not have the power to '
compel end therefore was not Intrusted
with the duties chorg-d in this indictment.
Therefore it is contended the Indictment
charges that Ainsworth omitted something
he had no power to do and suffered and I
permitted something lie had no power to
prevent. X do not determine these ques-1
tlons, because the whole contract is not be
fore me.
The Court of Appeals has directed that I
this indictment shall "set forth every fact
with full and entire accuracy;" that this
requirement "is especially accessary where
the act or omission charged as producing
the Injury is not in itself necessarily un
lawful, but only be comes sj by its peculiar
circumstances and Its relation to the re
sult that follows in the natural sequence
of events. In such case ever}- matter of
fact essential to show the illegality of the
act or neglect must be fully set forth and
the omission of any fact or circumstance
necessary to constitute the ofTense will be
fatal. Hence facts ana not mere conclu
sions from facts or conclusions of law -nust
be stated. Xo essential element of the
crime can be omitted without destroying
the whole pleading. The omission cannot
be supplied by intendment or implication,
and the charge must be made directly and
not Inferentially or by way of recital."
(Ainsworth et al. vs. L\ S. Wash. Law
Rep.. Vol. 21, p. sits.)
Allrgnlloni in the Indictment.
In alleging the duties devolved upon
Ainsworth. I have shown that the Indict
ment violates these rules of precision. I
next decide that in alleging the neglect of
duty by Ainsworth this Indictment clearly
departs from these rules.
If this indictment be assumed to allege
that it was Alnsworth's duty, by terms of
the contract, to dire t the time and manner
of excavation In order that the work of
underpinning and building of walls be safe
ly and properly done, it falls to allege that
the work of underpinning and building of
walls was not safely and properly done. It
falls to allege that this work was done in
any manner. It fails to allege that this
work was entirely emitted to be done.
It does allege that Ainsworth did omit to
relieve or require Dant and his workmen to
relieve the central brick pier at the west
end of the wall from the pressure upon it.
before permitting Dant and his workmen
j to excavate preparatory to underpin
ning. It dots allege that Ainsworth
did suffer anl permit Dant and his
workmen to excavate from under this
pier and to attempt the building of a
wall un ler It without having first himself.
Ainsworth. relieved, or caused Dant and his
workmen to relieve the pie.* from the press
ure upon it. by reason of which negligence,
acts and omissions of Ainsworth this pier
did sink and break, and the Iron columns
beams and parts of the second and third
Boors gave way and fell. But the indict
ment falls to allege the things done which
caused the brick pier to sink and break.
It fails to allege that concurrently with
Ainsworth's suffering and j>ermttttng them
so to co, l>ar.t and his workmen did ex
cavate from under the pier and did attempt
the building of a wall without having first
relieved the pressure upon It.
It fails to allege that concurrently with
Ainsworth's omission to require Dant and
his workmen to relieve the pier from the
pressure upon it before permitting them to
excavate preparatory to underpinning that
Dant and his workmen did excavate from
under the pier and did not first relieve the
pier from the pressure upon It.
A C'xtiM* of
The Indictment. theref6i*. asks the court
to infer that Dant and his workjnen did
excavate from under the pier, also that
they did attempt the underpinning of the
pier, also that they did not first relieve the
pier from the pressure upon it, and that
as a consequence of these three essentials,
facts thus Inferred, the court may next in
fer that this pier did sink and break and
the Iron columns, beams and parts of the
l 8^?cn(* aid third floors gave way and fell."
The indictment does not allege the cause
1 of the sinking and breaking of the pier and
: of the falling of the floors It does not
I allege the cause of the disaster, but re
quires the court to infer 1?. As the Court
of Appeals have said, "such an omission
cannot be supplied by intendment or Im
plication, the omission of any fact or cir
cumstance necessary to constitute the of
fense is fatal."
Finally. If this Indictment be take-n to I
correctly allege a personal duty upon Ains
worth and a personal neglect of that duty, 1
it does not appear even then to bring the
case stated against Ainsworth upon the
face of the indictment within >he rule of
criminal liability prescribed by the Court
of Appeals, "that to make the party
guilty of it liable to the charge of felony
such neglect must have been personal and
the death that ensued must have been the
Immediate and direct result of that personal
neglect of duty." (Ainsworth et al. vs. U.
S.. Wash. Law Kep., vol. 21. p. SI.)
It does not appear that the <!eath of l.of
tus that ensued from facts alleged, If
taken to be correctly and fully alleged, was
the Immediate and direct result of the per
sonal neglect by Ainsworth of his personal
duty sought to be charged on the face of
the indictment. 1 sustain the demurrer.
Prof. R. A. Alger of the Navy Telia of I
Prof. R. A. Alger of the navy was heard
today by the congressional committee In
vestigating armor plate frauds. Prof. Alger
described the method of inspecting govern
ment armor platea. The Carnegie com
pany usually knew the particular part of
the plate from which the specimens were
to be taken. It would be possible for the
company to perfect these particular parts,
yet it would be so risky as to be imprac
ticable. Prof. Alger said It was possible
that the company knew nothing of the de
ceptions practiced by employes. The work
men were paid by their output, and they
helped each other to cover up defects and
make their output as large as possible.
The city officers of the company merely
asked for a certain output and the subor
dinates furnished it.
Professor Alger said the present average
of armor was up to standard. Possibly there
were two or three defective plates. A plate
with a blow hole eighteen Inches long, if hit
by a heavy shot, probably would be pierced.
Chairman Cummings questioned the wit
ness closely as to the care of government
Inspectors In watching for defects. Pro
fessor Alger said the force was not sufficient
to watch every plate throughout its manu
The man In charge of the test machine
was furnished with a written slip, bearing
secret marks, disclosing defects. He- was
thus advised how the test could be so
manipulated as to pass the plate. He could
lift a lever and thu9 show a fraudulent
"That is a most remarkable machine,"
; said Uepresentative Dolliver.
Professor Alger sai l the Carnegie Com
pany furnished the machine, and It was a
standard make.
\o Steps to lie Tnken I nfil the Ap
propriation Hill PtiMMen.
It is said at the Treasury Department
i today that no steps will be taken for the
i reorganization of the department service,
i in accordance w ith the report of the Doclc
I ery bill, until after the legislative, judicial
and executive appropriation bill, providing
' for such changes, shall have become a law.
with the signature of the President. That
bill contemplates the abolition of three
bureaus, entailing a heavy reduction of
clerical force. According to the statement
, made today no changes will be made before
the 1st of .tuly. regardless of the date when
. the bill becomes a law.
To Ileeelve the Siamese Minister.
Arrangem -nts h^ve been made for the ofli
cial reception r.f Mr. Yotha. the minister
j from Siam. at the White House tomorrow
: morning, before the cabinet meeting. He
' will be formally presented to the President
? by the Secretary of State and the usual slni
! pie court -sies will be exchanged. Mr. Yotha
1 is al..o accredited to Great Britain in a dlp
> lomatlc capacity, and will divide his time
| between the two countries.
The Senate at Last Adopts a Reso
lution on the Hawaiian Question.
The Vote Was a Unanimous One,
and a Surprise.
Th? Senate has at last declared against
the Hawaiian policy or the administration.
-By a vote or 56 to 0 a resolution was pass
ed disclaiming against any Interference on
the part of the L'nlted States In the Internal
affairs of the Islands. This resolution was
reported by Mr. Turple from the commit
tee on foriign relations, as a substitute for
the original committee resolution. It was
as follows:
"Kesoived. That of right It belongs wholly
to the people ot the Hawaiian Islands to
establish and maintain their own form of
government and domestic polity; that the
United States ought In no wise to Interfere
therewith and that any Intervention in the
political affairs of those Islands by any
other government will be I'egarded as an
act unfriendly to the United States."
i hus the entire question of annexation
wus avoided and the simple topic of lilt t
ference placed flatly before the Senate. Mr.
? hUI?>'i1' paper, announced
?.na.t it had the unanimous approval of the
committee, and tlat the former resolution
which pronouncec*. against any present oon
s deration ot annexation, was withdrawn.
He asked ror unanimous consent that it
might be considered at once. The clock
showed 1U.-J5, and there was but Ave min
utes left before the tariff bill would Inter
vene to prevent any other business being
transacted. Mr. Krye was In the -lisle of
the chamber In a moment asking for a vote
ihe resolution was Just what he Rnd his
r* publican colleagues had been contend
ing for and he was eager that it should
pass before it could be amended. It was
the result of Mr. Vilas- overtures for a
compromise to Senator Kyle on Tuesday
alter the decisive vote on Mr. Vest a untl
ennexatlon project.
Vote Taken.
There was some surprise when Mr. Pefter
objected to the present consideration of the
resolution, but he Immediately explained
that It was only for the purpose of intro
ducing a resolution of his own on another
subject, and then he withdrew his objec
The Vice President put the question, and
there was a loud, firm response of ayes
One voice alone was raised when the noes
were requested. It came from Mr Mills.
Instantly Mr. Krye was on his feet again
to call for a roll call, which was ordered.
All the votes were affirmative?democratic]
republican and populist. When Mr. Mills'
name was called he arose to announce his
pair With Senator Oalllnger, and was about
to explain why he would vote against the
resolution If he were not paired, when Mr
Butler objected to debate In the midst of a
roll call. There was surprise written on the
faces of the democrats and wonder on those
of the republicans. The roll call proceeded
and there was no break In the unanimity of
the vote. Twenty-nine democrats, twenty
four republicans and two populists voted in
favor of non-interference.
Mr. Mills* Position.
When the vote h?? kws. Recapitulated
the chair was about announce ?he re
sult, but Mr. Mills arose and Mked unanN
mous consent to be allowed to make a
speech of one minute to explain his posi
tion. There was no objection, and amid
profound silence Mr. Mills said:
"I simply wanted to state, Mr. President
that I recognize the right of the people o'
the Hawaiian Islands to Institute their
own government as they may please. It Is
not that part of the resolution against
which I should vote. The government of I
the l.nlted States having overturned that
government, and having placed the people I
ot the Hawaiian Islands under a military
power against which they have no power to
protect themselves. I should simply vote
that It is the duty of this government to
tear down that oligarchy, which It has es
tablished by force, and permit the people I
or the Hawaiian Islands to Institute their
own government."
There was an uneasy movement on the
part of the democratic Senators as Mr Mills
sat down, and then the Vice President an
nounced the vote on the resolution- 5ft to 0?
and the Senate had at last pronounced its
verdict in the great Hawaiian case, leaving
the road to annexation wide open.
The Tariff Bill Will Have to Go to a
Committee of Confvrruce.
The talk about the tariff bill when It
comes from the Senate being accepted by
the House without going to conference Is
Idle. The opposition to the Senate amend
ments Is very bitter on the House side, and
though there may not be strength enough
to defeat the amendments on the final
struggle, the opposition comes from such
quarters as to Insure Its finding full ex
The circular sent out by the congressional
committee In defense of the Senate bill has
S-'i. mor<; bltter the antagonism.
The bill can never get through Congress
without a conference, and there will be an
attempt made by radicals In the House to
kill the bill rather than yield.
The Turning Point In the Slrungle.
The fight over the sugar schedule begins
In the Senate today. The Senate is ex
pected to spend about three or four days
o\er this schedule, and great acrimony In
the discussion is expected. No one knows
for a certainty what the result will be, but
all understand it to be the turning point of
the struggle. The republicans have not yet
got all their folks to agree to vote for free
sugar, nor are they certain what democrats
they can depend upon to vote with them,
ihe chances are. however, decidedly in
favor of the adoption of the committee
Compromise schedule. If this schedule is
adopted by but a small majority, some
democrats voting against it. It will en
courage the House to hold out against the
amendment. Mr. Jones said today that he
thought tlie democrats would all stand by
the committee, and that when that vote was
taken the tight on the bill would be practi
cally over.
Transports and Cruisers Available
for Government I se.
A statement has been prepared at the
Navy Department showing the number of
merchant vessels available for naval serv
ice in case of war. either as transports or
as cruisers. There are at present on the
Atlantic and Pacific coasts eighty merchant
vessels that could be used as transports, and
slightly over half this number that could be
fitted up with light batteries and do effec
tive duty as cruisers. Most of these ships
are located cn the Atlantic coast, the Pacific
coast having comparatively few vessels that
could be used by the government In any
Subsidies are granted the owners of the
vessels Inspected for this purpose. When
the Inspection Is concluded the vessel Is
rated as telongiug to either the cruiser
class or one of the four classes of trans
Ports. It is estimated that In case of war
the L'nlted States could send an immense
force to any foreign country on board these
vessels. At least one hundred thoi san 1
men c. old go on the transports alone, and
the cruisers could also carry a large num
ber, as their size in many cases Is much
greater than that of any of the transports
Naval Veesols on Their Way Here to Take j
a Rest.
Xo lucnalneaa Kelt Over Ike Lancas
ter ? Ailmirnl Human? Indltfnunt
Over Retiorta?Different llulla.
Three of the old war ships are on their
way home from foreign stations after a
long absence, and their arrival may be
looked for within a few days. The frigate
Lancaster, formerly flag ship of the Asiatic
station, is coming home by way of the Suez
canal and the Mediterranean. She left
Gibraltar May !!. and Is expected to stop
at St. Thomas, W. 1? before reaching New
York. She is proceeding slowly under sail
and is making a long detour to the south
to gat the benefit of the trade winds. On
arriving at New York she will be put out
of commission and will be transformed Into
a receiving ship. She will probably never
go to sea again.
Another of the old-time wooden vessels
that is making her last cruise is the Al
liance. Her last active service was along
the coast of Central America, In the Pa
cltic ocean, and on being relieved of that
she started on the long voyage around
the Horn to Norfolk. She was detained
for some time at Montevideo and left that
port April IS, with the purpose of making
the long trip to Norfolk without stopping
at any Intermediate port. She Is traveling
leisurely under sail and may not reach port
for several weeks.
The third of the trio is the Marion, which
Is on lier way to San Francisco from China
across the entire breadth of the Pacific
ocean. The Marion left Yokohama early In
March, and, when three days out, was
caught In a terrible typhoon and so badly
shaken up that she was compelled to put
back for extensive repairs. She left Japan
again April 1>, intending to stop at Hawaii
on her way, and is now believed to be safe
ly anchored in the harbor of Honolulu.
She was not there at last reports, but that
was about two weeks ago. She was not
ordered to stop at the Hawaiian Islands
and may not do so. hastening onward to
San Francisco Instead. As she is under
sail. It is likely she will take advantage of
natural conditions of wind and weather.
These three vessels have been out a very
long time, but that Is said at the Navy
Department to be due entirely to the fact
that there Is no occasion for them to hurry,
and they are taking their time.
Is IndiKiiiint.
Admiral Ramsay Is very Indignant at the
apparent effort of some people to make
It appear that the three vessels above
mentioned have met with some accident.
He was specially displeased at the report
that the Lancaster was overdue. "Why.
don't you know," he remarked, "that the
Lancaster, to catch the trade winds, had
to go some distance south from Gibraltar?
She might catch a wind and then lose It
after sailing a distance, and then would
probably have to tack south again to get
another. She probably has met with light
winds, and as there is no scheduled time
for her arrival home her commander Is
probably taking matters easy. I recall
that when crossing the Atlantic mere
than ten years ago the ship 1 commanded
m^de barely one hundred miles a day on
several occasions and I was compelled
to go far to the southward to catch the
trade winds. As a re-jult we were out a
lor.g time. No. I have no fears about the
"The Marlon has also probably met light
winds and as her commander was given
permission to stop at the Hawaiian Islands
the vessel may be there now, for all we
krow. The Marlon may not have put In
at Honolulu, and In this event will proba
heard from at San Francisco within
a short time.
"The AlllarTce. fo "my inlnd. is just as
safe as I am, standing here. Like the
Lancaster i nd the Marlon, she Is proba
bly coming rorth under sail. The Alliance,
you will remember, took some time to sail
from Callao to Montevideo, and reports
then w ere published concerning her safety.
They proved, as you know, to bo false.
I don't think apprehension need be felt
concerning either of the ships mentioned.
"According to naval calculations the Lan
caster and the Alliance are not due and
we don't know but what the Marlon Is al
ready In port."
Do Not Intend to End Their Inquiry
With the Xewapaper Men.
Complaint is made that the Senate In
vestigating committee Is not l'alrly rep
resented In the statement that they regird
the Investigation as blocked by the refusal
of the newspaper men to testify. It is
claimed that the committee had never the
Idea of letting the prosecution of the ob
stinate witnesses end the matter or divert
attention. Members of the committed say
that their reason for disposing of the .vlt
nesses who refused to testify In the man
ner they did was so that they might not
waste any time with them, but could go
on with the further examination of wit
More Wltaeiaei Examined.
As an evidence that they do Intend to
carry the matter to a nnlsh Is the fact that
yesterday afternoon they examined three
members of the finance committee. Today
they expect to have Secietary Carlisle and
a number of Senators before them, and It
Is Insisted that every witness who has feeen
suggested will be examined, and any who
refuse to answer Important questions will
be reported to the Senate for their cases
to be referred to the district attorney for
action under the resurrected law.
Xo Action Yet.
The Vice President had ndt this morning
acted on the report of the Committee, but
the expectation of the committee Is that he
will send the notice to the District uttorney
:,ome time during the day. It will then be
for the District attorney and the grand
Jury to decide whether there is to be any
Senutor McIMieraon'a Testimony.
Senator McPherson was the first witness
of 'he day. :.nd his testimony was on the
same lines as that of other members of
the finance committee, who were examined
on Tu -sday, except that he stated that on
account of the condition of his health he
had been absent from a large number cf
the meetings of the committee, ind could
not, therefore, tell of all that had occurred
In committee. He said that he knew noth
ing of Secretary Carlisle's alleged ,secret
visit to the democratic members of the com
mittee and demanded that the sugar in
terest be taken i-are of in taritf legislation,
nor of the statement that .Mr. Carlisle hail
revised the sugar schedule. At Air. Mc
pherson's request he was examined with
reference to his own dealings In sugar
stocks, and he repeated the statement
which he had hitherto made 011 the floor of
the Senate that when It became apparent
that sugar was to be made the subject of
legislation he had Instructed his broker to
cease all dealings In sugar stock In his
Tlila Go* <? 111111 cut Will I mloubfi-dly
Accept the Invitation to I'lirticlputc.
The celebration of Independence day by
the republic of Brazil by the unveiling of a
statue of President Monroe at ltio will be
of great Interest to this country, and there
| Is no doubt of the President's acceptance of
I the Invitation to participate in It. The
South Atlantic squadron, composed of the
I Newark and Yantlc, will Join in the naval
demonstration, and other vessels of tie
navy may also be sent to Rio by July 4, In
j order to emphasize our national Interest In
J the occasion. The plan of representation,
however, has not yet taken definite shape.
On Miners' Pledges Troops With
drawn From La Salle.
Nothing Expected From the
Springfield Conference.
LA SALLE, III., May 31.?The sheriff of
this county last night telegraphed Gov.
Altgeld as follows:
"At a Joint meeting of citizens and miners
held today the miners agreed to assist the
civil authorities in maintaining peace and
protection to property. I therefore recom
mend that you order home all troops now
here, being satisfied the local authorities
can now maintain order."
Orders were received soon after from the
adjutant general and the troops will all
be moved today.
Many citizens feel that the action of the
sheriff was premature, and there Is con
siderable uneasiness. Some sections of the
miners. It Is said, have already declined to
be bound by the agreement.
Ladd, a mining town In the adjoining
county of Bureau, contains a large foreign
element, which Is said to be making ar
rangements to make another raid on the La
Salle to even up for the arrest of the men
by the militia last Saturday.
Eleven more of the rioters were arrested
Few Worklnje in Missouri.
JEFFERSON CITY, Mo.. May 31?State
Coal Mine Inspector Charles Evans has
returned from a visit to the various coal
mines of the state. He says that there are
less than 1,000 miners now at work In the
entire state, against 7.000 on strike, and
only two railroad mines are in operation.
The miners working are scattered and are
only able to supply local demands, such
as flour mills, water works, electric light
plants. He does not see any Indications
of an early settlement. The miners, he
says, are determined to fight to the bitter
end. but he does not think violence will be
resorted to.
llurnlitB Corn for Karl.
Dl'BCQCE. Iowa, May 31.?The effects
of the coal strike are seriously felt here
among the manufacturing Institutions and
railroads. One factory is burning corn,
others are using wood and one or two have
closed down. The Illinois Central railroad,
to husband Its supply, has taken off one
train on each division. Dealers here have
very little coal on hand.
Thr Munition la Alabama.
BIRMINGHAM. Ala.. May 31.?The com
mittee appointed by the citizens' mass meet
ing here to confer with the coal operators
and miners' committee, with a view to
adjusting the strike, if possible, has met
the operators, but after a prolonged con
ference nothing was accomplished, the op
erators declining to recede from their origi
nal proposition for a IX) per cent reduc
The operators believe they have about
won the fight, but the strikers are still
Conference at Sprlacdcld, III.
SPRINGFIELD. 111., May 31.?The coal
operators' conference was called to order to
day with C. C. Brown of this city as chalr*>
man and Paul Morton of Chicago secretary.
Forty operators were present. The south
ern and central operators said they would
i not go Into the conference unless the con
I solidated and larger mine operators did.
i The smaller operators were afraid of being
squeezed by the larger ones.
A mass meeting of miners held today was
largely attended. The men said they were
ready to treat with the operators at any
time. The chances for a settlement seem
rather slim.
Nrcrora and Austrlans Imparled.
SCOTT DALE. Pa., May 31.?The situa
tion In the cokc region is quiet and peace
able today. The strike leaders say the gov
ernor's proclamation was not Intended to
suppress meetings and marchings any more
than it was to do away with the deputies
and their Winchester rifles. Meetings of
strikers will continue as usual.
Two carload j of negroes were imported
| las', night tor the Frick Standard plant.and
i today forty-two Austrians were run Into
the Moyer works of the Rainey Company
DANVILLE. 111., May 31.?Matters are
getting desperate with the striking miners
in the Danville field. Many of the families
are starving. Relief committees are can
vassing the farmers for fifteen miles for food
for the destitute.
St. Elizabeth Hospital, this city, is out of
coal, and Its patients are suffering from
want of food and warmth. The miners re
fuse to allow the sisters coal. They pro
pose to stop all trains carrying coal, and
are stopping freight trains and examining
the box cars to see if they contain coal.
Mllltlu Ready for AwembllUB.
PITTSBURG, Pa., May 31.?Conflicting
reports In circulation here about the
National Guard being under orders when
sifted show that the officers of the four
teenth and eighteenth regiments have re
ceived orders to have their men in readiness
for any emergeno. As a consequence no
tices have been served on the men, and
some of them are In the armory.
Col. Perchment of the fourteenth regiment
said to his men: "Gentlemen. I have re
ceived a telegram from the governor of this
state to have the fourteenth regiment under
arms for the period of three days, or until
Saturday, so I now order you. under In
structions from the governor."
This Is a significant order on the face of
the proclamation issued by Gov. Pattison in
response to the letter addressed to him by
Sheriff Wilhelm of Fayette county.
Accomplished >o1hln|(.
SPRINGFIELD. 111., May 31.?The confer
ence of coal operators of Illinois called to
attempt a settlement of the strike, adjourn
ed sine die this afternoon, having accom
plished nothlhg.
lie Was Able to Walk About His
Porch This Morning.
BALTIMORE, Md., May 31.?A dispatch
to the News today from Laurel, Md.. says:
Senator Gorman Is still improving. He
slept well last night and took proper nour
| lchment this morning, and was able to
| walk around the porch. His private secre
i tary cxm>' out from Washington this morn
ing to get him to attend to some corres
pondence. ?
! Children Thrown From a Burning
Ilulldlnit Into u Ulanket.
NEW YORK, May 31.?A terriflc explo
sion, followed by a fire, occurred at 4:30
this morning in a distillery on the ground
floor of a double tenament at No. 12? Suf
folk street, resulting In the death of Lizzie
Yaeger. a four-year-old child, and serious
Injuries to four others. Twenty families
tenanted the building. The explosion and
fire cut off the usual means of escape and
fifteen children were thrown from upper
I windows.
Two men got a blanket and used It as a
I net in which to catch the children dropped
j from the windows above. The children had
| to be dropped through a sheet of fiames
which was leaping from the side of the
! building between the windows and the blan
I ket below In the rear x*rd. After the chil
dren had all safely been dropped the older
ones Jumped. A Mrs. Ehrenwost broke the
blanket by her great weight and her back
struck the ground. She was severely In
The firemen later found little Lizzie Yae
ger on the tUlrd floor unconscious. She died
a few moments after being removed to the
hospital. Meyer Dietrich, forty-one years
old, was ttadly burned In attempting to get
out through the lower hall.
Several people on the top door, who were
overcome by smoke, had to be carried out
by the firemen. The loss Is estimated at
Jlfi.ocft. Three people were burned to death
In the same building two years ago.
A Number of Candidates la Addition
to Himself.
Special Dispatch to The Evening Star.
BALTIMORE. Md.. May 31.?Coincident
with the public announcement by Gov.
Brown that he will be a candidate for re
nomlnatlon ccmes the statement that Chief
Judge John M. Robinson of the Maryland
court of appeals will be a candidate for
United States Senator to succeed Charles
Gibson, whose successor will be elected at
the next session of the general assembly,
which will meet In January, 1SU8.
Judge Robinson has been a member.of
the court of appeals since lw.7, and has
been chief Judge since last year, when he
was appointed to succeed Judge Richard H.
Alvey, now of the Appellate Court of the
District of Columbia. He ranks as one of
the ablest lawyers in the country and is a
man of wealth. He was a candidate for the
Senate In 1S84 and came near being elected
by a combination of Independent democrats
and republicans, but waa finally beaten by
the late Senator Wllsou.
He belongs to the reform wing of the par
ty, and as that element Is now allied with
Mr. Kasln of the City machine, and is also
backing Gov. Brown for renomlnation. It is
thought that Judge Robinson will be their
candidate for the Senate.
Other candidates for the Senate are ex
Gov. Jackson. Col. John Walter Smith and
Joshua M. Miles, besides Senator Gibson,
who Is a candidate for re-election.
Matters Before the New York Con
stitutional Convention.
ALBANY, N. Y., May 31.?The woman
suffragists have presented up to today pe
titions In favor of their cause to the state
constitutional convention contulnlng
'J47 signatures.
In the constitutional convention here to
day Delegate Lincoln presented a resolu
tion reciting the fact that sixteen states of
the Union, by their constitutions, grant the
right of suffrage to aliens, who have filed
a declaration of their Intention to become
citizens, but wbo have not been naturalized,
thus permitting persons to participate in
the government of the country who are
subjects of foreign powers, and who have
no allcglance to the state or to the I'nlted
States, thereby giving rise to occasions
when the votes of aliens may change the
course of government, and declaring that It
Is the sense of the convention that such
grant of suffrage is contra!-/ to the spirit
cf American Institutions, and that no per
son ought to be permitted to vote who Is
not a citizen of the I'nlted States.
The resolution requests Congress to
recommend and submit to the several
states for their consideration a pro|x>sed
amendment to the Constitution, requiring
all voters to be citizens and prohibiting any
state from granting the right of suffrage
to any person who is not a citizen of the
United States, and requesting the Senators
and members of Congress for this state to
urge tlie adoption by Congress of a concur
tent resolution providing for the submis
sion of the proposed amendment.
The resolution was tabled.
Witnesses Who Have Been Locked
Ip I.Ike Criminals.
SAN FRANCISCO. May 31?For over fif
teen months nine seamen against whom no
charge has been made have been govern
ment prisoners on Agle Island. They were
witnesses against St. Clatre. Sparf and Han
sen. the would-be plrat<-s of the bark Hes
per, who killed Mate Fitzgerald, atter hav
ing plotted to kill all the officers -nd to
cruise the southern seas as freeboot ?rs.
The witnesses, who were unable to give
bends, were thrown into the government
penal Institution pending an appeal to the
I'nlted States Supreme Court Each has
been allowed fl a day as witness fees, how
ever. and they will be paid their money
today, when all will be released in accord
ance with an order from Washington. The
death watch has been put upon the con
demned pirates, against whom they were
w ltnesses.
Inyrovoked AmkobIis by a Maniac
With a Dirk Knife.
CHICAGO, May 31.?Armed with a dirk
knife a veritable Jack the Ripper created
terror on the t.orth and west sides last
night. Two persons became victims of his
mania and are now at hospitals, terribly
slashed and In a crltcal condition. They
Martin Peterson, slashed In the back and
abdominal cavity, cannot recover.
John Lorg. cut on the neck four Inches
long cervical vertebra bared, Is In a serljjs
The fiend with the knife Is still at large.
The assaults were unprovoked and It is
the opinion of thoss who witnessed the
murderous deeds that the man Is Insane.
Will Be Punished for Bigamy If
Found Guilty.
INDIANAPOLIS. Ind., May 31?Attorney
Holtzman declares that he Is determined to
Investigate all the circumstances of the
marriage of Actor Chas. Coghlan to the wo
man to whom he Is alleged to have been
married prior to his marriage to Kuehne
Beverldge in this city, and inquiries are to
be set on foot both in New York and in
England regarding the legality of the first
marriage. The attorney says he believes
that Coghlan Is guilty of bigamy, but he
says that he cannot proceed In the case un
til he Is in possession of all the facts of the
first marriage. Miss Beverldge has triends
and relatives in this city, and it is said thai
they are urging Mr. Holtzman to lake steps
in the matter and have agreed to pay any
expenses that may be Incurred In getting
the record of the first marriage from Eng
Hilt Colonisation Scheme in Mexico.
SAN ANTONIO, Tex., May 31.?An ex
tensive land deal has been closed here In
volving 2.5U0.UUU acres lying on the Rio
Grande in the Mexican states of Coahila
and Chihuahua. The land was sold by tx
Gov. Gonzales of Chihuahua to the Mexican
Coffee, Cotton and Colonization Company,
with headquarters here, and represented by
J. H. McNamara. It is reported that W. 11.
Elllfe, who is Interested in Mexican coloni
zation schemes, will colonize ten thousand
negroes on part of the land.
l'errln, the Kmltessler. Dead.
NEW LONDON. Wis.. May 31.-Phelps
Perrin, one of the men who stole Wo.ui*? be
longing to the United States Express Com
pany from the Iron Exchange Hank at
Hurley, and who was a few weeks ago par
doned from the penitentiary, died last night.
Anneal Gatheriutc at West Point.
WEST POINT. N. T, May 31 -The
hotels are showing the usual signs today of
the annual gitl.ering In the cadet examin
ations, which commence here tomorrow
The graduating class this year is fairly up
to the average and at the distribution of
honors at the exercises on June 1- the
southern states will obtain their share.
That Schedule in the Tariff Bill
Up in the Senate.
He Analyzes the Bill to Show Its
Sectional Character.
There was a good attendance on both
side# of the political aisle when the Senate
met today at 10 o'clock. Mr. Turpi? (lnd )
presented a set of resolutions adopted bjr
the legislature of Ohio protesting against
the Russian extradition treaty.
Mr. HU1 <N. Y.) then offered his resolution
directing the bribery investigating commit*
tee to throw open its doors to the public.
It went over until tomorrow under objec
tion from Mr. Cockrell.
Mr. Dolph (Oreg.) followed with another
resolution directing the sergeant-at-arros to
bring Elijah J. Edwards, the newspaper
correspondent mho refused to answer que
ries of a Senate committee, to the bar of
the Senate to show cause why he ahouid
not be held in contempt.
This resolution also went over under the
Mr. Turpie then offered a joint resolution
declaring that it was no longer to the In
terest of the United States to continue the
treaty with Russia ratified April 21, and
that notice be served upon the Emperor of
Russia under article 11 of the treaty that
the United States purposes to terminate
that treaty at the expiration of six months.
A Hassllas Rr?i>lslios.
He also reported from the committee on
foreign affairs a resolution with a unani
mous recommendation that It pass is a
substitute for the Hawaiian resolution re
ported some months ago. It made no refer
ence to annexation and was as follows:
"Resolved by the Senate of the United
States. That of right It belongs wholly to
the people of Hawaii to establish and main
tain their own form of government and do
mestic policy; that the United States ought
not in any way to Interfere therewith, and
that Interference in the political afTalrs of
these islands by any other government will
be regarded as an act unfriendly to the
United States."
Mr. Turpie asked for a vote on the reso
lution It represented the unanimous senti
ment of the Senate, he thought, snd would
meet the approval of men of all shades of
political opinion in the United States.
Mr. Mills (Texas) explained that the reso
lution did not meet his approval, although
he would not vote against It. Believing that
this government had overthrown an exist
ing government In Hawaii, he thoi|ght It
the duty of the United States to tear down
the oligarchy set up In its name.
I'ntM-d I nsslisouil).
The resolution was then passed unanl
| mouslv on an aye and nay vote, fifty-five
Senators voting in favor of it. Mr. Mills did
. not vote.
Mr. Peffer (Kan i offered ? resolution,
which was appropriately referred. Instruct
ing the Judiciary committee to report
! whether the government of the United
i States could, by virtue of an act of Con
I gre?s. constitutionally take possession of
and hold for public uses, paying compensa
tion therefor, all the coal beds of the coun
The Tariff Hill Agsls.
The hour of !0:M having arrived, the tariff
bill was taken up. Several amendments of
fered to the lumber paragraphs, looking to
a duty on rough lumber, were voted down
, by a strict party vote, as was an amend
ment offered by Mr. Allen ?Neb.> to plsc*
logs, boards, laths, shingles. Arc., used In
the construction of dwelling houses, on the
free list.
XIr. Allen moved to strike out paragraph
' 17s as follows: "Lumber of any sort, planed
I or finished, on each side so planed or fin
ished. M cents per thousand feet, board
measure and If planed on one side
and t< ngued and grooved. II p?T thou
sand and If plan?*d on two sides and
tongued and grooved. 11 V> per thousand,
and in estimating board measure under this
schedule no deduction shall be made on ac
1 count of planing, grooving or tongulng."
Accepted b> the Democrats.
Mr. Vest threw a bomb shell Into the re
publican ranks when he announced, after
Mr. Allen had off ere-! his amendment, that
It would be accepted by the democratic side.
As the amendments to the lumber schedule
were being voted on without debate, under
an agreement made on Wednesday, the vote
was Immediately taken and It was agreed
lu?3.V24-S strict party vote. Messrs. lVffsr
and Allen, populists, voting in favor of It.
This will have the effect of putting all
lumber on the free list.
The committee amendment Increasing the
duty on chair cane from 7 to 10 per cent
ad valorem was agreed to.
Mr. McMillan offered an amendment
seeking to make staves of wood of aH
kinds dutiable at 10 per cent ad valorem,
but it was rejected. When paragraph lt?I
was reached making house or cabinet fur
niture of wood, wholly or In part finished,
manufactures of wood, or of which wood Is
a component material of chief value, duti
able at per cent. Mr. Squire of Washing
ton declared that If the Senate desired to be
consistent, after having placed finished lum
ber on the free list, it should now place fur
niture on the free list.
Mr. I?e?er"a % uienilnaent.
Mr. Peffer thereupon moved an amend
ment to the paragraph, making the articles
contained therein exempt from duty.
Mr. Aldrlch gave notice that If the Peffer
amendment was voted down that he would
move to Increase the duty to 35 per cent.
On the common grades of furniture, he said,
lhe I'nited States could compete with the
world. I.arge quantities were exported. The
furniture imported was of a very expen
sive quality and a pure luxury and should
bear a high rate of duty.
Mr. Peffer's amendment was defeated.
5?Si. Mr. Aldrlch then offered his amend
ment. and It also was rejected.
This completed the wood achedute.
Mr. Micrmaa *i?cnks.
Mr. Sherman, the tall and venerable Sen
ator from Ohio, then, at 11.50, took the floor
and delivered a carefully prepared speech
on the general subject of the tariff. As Is
usual when the Ohio Senator speaks, his
words were listened to with grest attention.
Any measure, he said, affecting every In
terest in this broad land. lm|>ostng duties
and taxes to the amount of M"n.WO,00U,
necessarily must create wide and honest
differences of opinion. But it was strange
that such wide and se mlngly irreconcilable
differences should exist wlihlr. the ranks of
the dominant party. To these serious
differences was to be attributed the chief
i cause of the delay In Its consideration.
I Mr. Sherman prtK^-eded to analyse the plat
; form declarations of the democratic party
at Chicago, and read from the report of
Mr. Wilson on the Hoove bill to sh >w that
that bill was framed u|K>n the doc*r1ne that
the levying of duties for purp.?es other
than revenue was unconstitutional and
robbery. He then took up Mr eland's
letter of acceptance, which Ignered. as he
! said, the democratic plr.tform and promul
gated another doctrine, the doctrine of rev
enue with Incidental protection.
Mr. Sherman s;:ld h* would place on the
I witness stand the democratic leaders In the
House and Senate to show the clash of op
posing theories He dwelt particularly on
the 'pee. h of Mr. Gorman, calling attention
to the fact that the Maryland Senator an
nounced bold I v and onenly that when the
House bill crime to the Senate It was con
stum d to the tomb. So. too. were the
original draft of the Senate bill Prepared br
Messrs. Mills. Vest and Jones, and th. bill
later framed by the majority of the Senate
finance committee. ,
Mr. CJjrman, he said, had made the preg

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