Evening star. [volume], July 26, 1901, Image 1

About Evening star. [volume] (Washington, D.C.) 1854-1972

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No. 15,105.
WASHINGTON, D. C., FBIDAY, JULY 26, 1901?TWELVE PAGES.
TWO CENTS.
VERDICT-NOT GUILTY
Shouts of Hearty Applause Greeted
the Acquittal of Fosburgh,
JURY DID NOT LEAVE THEIR SEATS
In Opinion of the Judge Evidence
Was Not Sufficient.
TRACK OF BURGLARS
PITTSFIEI.D, Mass., July 20-?At the
opening of court today In the Fosburgh
trial Judge Stevens Instructed the Jury to
bring In a verdict of not guilty, and. this
was done, ending the trial.
The jurymen did not leave their seats.
The verdict was received with shouts of
applausfe, which the court immediately sup
pressed. The demonstration, however, was
one of the most remarkable that has ever
occurred in a court of justice.
Judge Stevens, In ordering a verdict of
aciiuittal. said:
"Mr. foreman and Gentlemen: During
six days we have listened to a painful re
cital of one of the saddest tragedies ever
presented to a jury. A beautiful girl, Just
budding into womanhood, was shot down
and her brother has been accused of the
? crime. The government has endeavored to
prove that the girl was not shot by bur
glars: it has endeavored to exclude all
other ffiembers of the family from the af
fair, and, third, to prove that the shot was
tired by her brother, Robert S. Fosburgh.
"The trial has proceeded somewhat In the
form of an inquest .und has been tried with
great pains on the part of the govern
ment ind the dVfense. There has been a
desire to obtain proof and so a great deal
of evidence has been introduced and ad
mitted without objection, which might
might have been excluded under the
strict rule of the law. I think I ought to
also say to you tha* it is due to the chief
of police, who has stood behind this proce
cution. that in the view of the court he
has tried to do his duty with a single eye
to ascertaining the truth. Now. Mr. Fore
man and gentlemen, a motion has been
made that this case be taken from the
Jury and it becomes my duty to say to
you that in the opinion of the court the
government has not furnished proof suffi
cient to sustain a verdict of guilty ng.iinst
the defendant, and, therefore, undtj* the
direction of the court, in the indictment of
Robert S. Fosburgh for killing his sister,
you will return a verdict of not guilty."
The crowd in the court room, which in
cludtd hundreds of friends of the defend
ant, broke into loud applause, which the
court immediately quelled by sternly rais
ing his finger and commanding the sheriff
to see that the demonstration was not re
peated. ?
Robert Stewart Fosburgh. the defendant,
was then ordered to stand while the fore
man of the Jury was asked: "What is
your verdict?" The reply was "not
guilty."
Judge Stevens then in a few words ex
pressed his thanks to the Jurymen for tb? ir
carefil consideration of the case during
its presentation to them.
Young Robert Fosburgh was then dis
charged from custody and court was ad
journ* d.
The great crowd then rushed as one
person to shake the. hand of the smiling
young man, and it was several minutes be
fore the court room was cleared.
Public Reception to Family.
The defendant was then formally dis
charged by order of the court. Judge
Stevens then dismissed the Jury, but before
doing so he thanked them warmly for their
services and congratulated them because
they "had not shirked the responsibility
that fell upon them.
Immediately after this the Fosburgh
family was given an opportunity to leave
the c>jurt chamber In advance of the rest
of the people, and they did so, passing
down a private stairway. They proceeded
at once to the Wendell House, where a re
ception was held, and where hundreds of
peopl?; took advantage of the opportunity
to shake hands with young Robert Fos
burgh.
As soon as the jury was dismissed the
foreman called them together In his private
room, and for the firs! time there was a
conference as to what the Jurors believed.
Without exception they declared that they
would have returned a verdict of not
guilty within fifteen minutes, even had
they not been Instructed by the court.
Their general impression was that the trial
was a very fair one, but that the govern
ment had acquitted the defendant with
Its own testimony. They acknowledged
that.they would have paid no attention to
the exhibits In the case.
What Di.itrlct attorney Said.
"VN hen District Attorney Hammond, who
has been the prosecuting officer in the
trial, was asked to make a statement, he
said he thought it would be improper for
him to say anything at this time, except
that from the evidence submitted the court
was fully justified in taking-the case from
the jury. He thought, however, that Chief
Of Police Nicholson was fully warranted in
making the investigation that he did.
The Mother'* Story.
Mrs. R. L. Fosburgh. the gray-haired
mother, went upon the witness stand yes
terday and told In simple words how her
daughter was killed. Her story was given
with frequently uncontrolled emotion. Her
voice failed her and she shed tears. She
testified that she was awakened on the
night <.f the tragedy by a light. No one
appeared, and so she got up on her elbow
and reached forward, looking into her
daughter May s room. Instantly two men
appeared before her wearing masks and
looking like devils. She sprang to her hus
band, who awoke, and gave a scream. The
men <lid not fire upon them, or at least
before they had a chance to do so her
husband sprang upon them. She screamed
and clutched one of the men. Then she
heard Heat rice say: "Oh. mamma, look at
May." Mrs. Fosburgh went on to say that
her ehild lay there upon the rtoor. She
8aw her son fall beside her daughter, and
she asked: "Are both our children gone?"
arid some one answered: "1 am afraid they
are."
Continuing, Mrs. Fosburgh said. "I went
tip to where May was lying and put my
fingers to her mouth, from which the blood
was gushing, until.I saw Miss Sheldon in
the doorway, and cried to her to get some
water and a towel. Robert was rocking
back ano forth over his sister, saying, "Oh,
why wasn't I taken.' I do not remember
the arrival of Dr. Paddock. I was trying
to fix May when Dr. Schofield came. He
tsaid I must have my daughter as she was.
1 remember little after that. I did not
speak to the officers. 1 did not see Dr.
Paddock. He made a mistake In saying
that I saw him that night. I saw him at
breakfast only. I helped to get breakfast
that morning, and when Dr. Paddock came
J said to him: 'Doctor, have you a daugh
ter of your own?" and he answered: 'Yes.'
I said, 'My girl was good; my girl was
pure; you will treat her as if she were
your own.' Later the nurse told me that
I had a stiff neck On examination 1 found
that it was bruised. The nurse told me
that they must have tried to choke me."
On Track of the Burglar*.
Captain Titus, chief of the New York
detective bureau, yesterday forward ?d t<
Chief of Police Nicholson and District At
torney Hammond of Pittsfleld, Mass., tw
affidavits concerning the Forburgh case,
l'hc first affidavit is made by Alice Dugan,
who savs that .she is a housekeeper on
East 42(1 street, New York. She says:
"A girl named Handiside of Springfield.
Mass., vho is living with her now, told
her about three weeks ago that a man
named Lew Gray and another man visited
the house of the F'osburghs on the night of
the li'th of August, 1(?00. and found a re
volver on the table and that he shot a girl
and eseaoed."
The second affidavit is made by the Han
diside woman, but signed "J. Gray," the
last name being that of the man with
whom she had been living. She says that
her home is in Springfield. Mass.; that she
was at Springtield, on August 19; that she
remained there until Labor day, and came
to New York. On August iD she met Gray
on Main street, Springfield. He told her
he was going to "make a touch." She
met him again on the 21st and he told her
that he and a fellow named Alfred Foy
"did a trick" at. a house in Pittsfield; that
he heard a noise in the house and found A
revolver on a table and he shot at some
on^ He also said that he got a gold watch
and hid it under a large tree at Warren.
He then left. The next time she met him
was in the middle of September In New
York, on the Bowery. He told her then
that he had an awful time getting away
from Springfield, as he thought the police
were after him.
Police Officer on His Dignity.
PITTSFIELD, Mass., July 26.-One of the
features of the brief session of court this
morning was the announcement to the
newspapermen of Chief of Police John
Nicholson to the effect that the affidavits
?hich had been sent to him yesterday by
Chief Titus of New York had arrived in
Pittsfield this morning by registered let
ter, but that the chief had refused to ac
cept them and they would be returned to
New York. In explanation of this action,
Chief Nicholson declared that he felt he
had not been treated right by Chief Titus.
He said: "If the New York police want to
send anything to me they know how to flo
it properly without notifying me by wire
twenty-four hours before, and then giving
it out themselves to the newspapers.'"
? ??
THE SILVER QUESTION.
Roiierenentntire Livingstone Thinks
the Less Said Ahont It the Better.
Representative Livingstone of Georgia,
one of the leading democratic politicians of
the south, arrived in the city today, and In
conversation writh a Star reporter, dis
cussed democratic politics interestingly.
"I do not see that much fault is to be
fcund with the Ohio democratic platform,"
he said. "It was a local affair, that con
vention, and national issues were not prop
erly before It.
"I believe that less and less will be sairl
about sliver In the future. In fact, In my
opinion, the next national platform of the
democratic party will be notable by the
absence of some of the planks of the Chi
cago and Kansas City platforms.
"Imperialism, I think, will not be dwelt
upon so strongly by the democrats In their
next national convention. People are not
very mu-h worried about imperialism. We
will insist upon economical, just and hon
est administration of affairs in the insular
possessions and will demand that justice
and liberality shall be dealt the inhabitants
in those lands.
"I do not say that I would give the Fili
pinos all the rights of full citizenship, but
give them the rignts of citizens of a terri
tory belonging to the United States. Taft's
position is a good one, to my mind.
"Trusts and the tariff, closely allied ac
cording to our view, will be made issues by
the democrats. I do not hear any sliver
talk in Georgia. There are six candidates
for governor and thus far no one has put a
silver plank in his platform."
A WAITING HOCK HILL'S REPORT.
Alleged Afcreement Regard I n?
Chinese Customs Taxes.
The authorities here are awaiting anx
iously an official confirmation of the latest
report from Pekin to the effect that the
ministers there have at last reached an
agreement upon the amount of the customs
tax to be Imposed to meet the indemnity.
So far, however, Mr. Rockhill has not been
heard from, although it is now recalled
that in a disj>atch received a few days ago
he expressed a belief that the agreement
was In sight. The Lew representatives of
the embassies and legations remaining In
Washington are also showing great inter
est in the report and Acting Secretary Hill
is being called upon for information by
them. It may be signlficent that the in
quiries from this source tend to show that
their own information from their respect
ive foreign offices reveals the existence of
a strong line of division between the pow
ers respecting this question of customs
ra-tes, Great Britain and Germany now
bting arrayed against France and Russia.
NEWS FROM LIEIT. BERTHOLF.
He Cables From Vladivostok Thut He
Has Iiounht BOO Deer.
A cablegram has been received at the
Interior Department from Lieut. Bertholf,
w ho was sent to Siberia to purchase rein
deer for use In Alaska, saying that he
has arrived at Vladivostok, and has pur
chased 5<X> deer for thirteen roubles each,
and has the prospect of securing 100 more,
with a thousand next summer. Lieut.
Bertholf asks for money to charter a
steamer at Vladivostok to take the rein
deer to Port Clarence. It is hoped that
the reindeer can reach Port Clarence by
the last of August. The cable message
settles all doubt as to the safety of Lieut.
Bertholf. The price of the deer is about
$0.iU each in American money.
HEMPHILL MAY KIN.
May lie a Candidate for the Senate
From Sonth Carolina.
Ex-Representative John J. Hemphill of
South Carolina, former chairman of the
House committee on the District of Colum
bia, is likely to be a candidate for United
States senator in South Carolina against
Senator vMcLaurln. Since his retirement
from Congress Mr. Hemphill has never
severed his connection with South Carolina
affairs. He recently made a trip through
the state, visiting a number of places and
conferring with politicians. No secret was
nuide of the fact that Mr. Hemphill was
contemplating the possibility of entering
the campaign for senator.
It may now be stated that it is pretty
well determined Mr. Hemphill will be. a
candidate. It is said by his friends that
he has received sufficient encouragement
recently to warrant his entering the cam
paign witb reasonable hope of success.
There is considerable speculation among
South Carolina politicians over Mr. Hemp
hill's prospects. It Is said that his chances
of success will be enhanced by the fact
that he resides in the great Piedmont sec
tion of the state, and that he will not be
objectionable to Senator Tillman.
Mr. Hemphill is not in line with the ex
treme radical wing of the South Carolina
democracy. After serving five terms in
Congress as a democrat he gave way in the
Fifty-third Congress before the farmers'
alliance movement, his district being rep
resented in that Congress by Mr. Strait,
an "alliance democrat."
Mr. Hemphill has preserved his identity
with the regular democracy, however, state
and national, and in both presidential cam
paigns supported Bryan and the regular
ticket.
Mr. Hemphill's friends claim that he will
command the following of the conservative
democrats, who, while indorsing some pf
Mr. McLaurin's views, cannot support Mr.
McLaurin because they consider him a re
publican.
To Be Bsaalaeii for Retirement.
Chaplain Brant C. Hammond, 5th Infan
try, now at Fort Hill, Oklahoma, has been
ordered before an army retiring board for
l examination for retirement.
THE TRUST WARNED
Bloodshed, They Were Told, Would
Follow Attempt to Start Mills.
ASSWER TO MAYOR OF M'KEESPORT
As Taxpayers the Opeiators Will
Insist on Protection. '
TO CONTROL THE MEN
CLEVELAND, July 20.?Referring to the
statement that he would be asked to act
as mediator between the Amalgamated As
sociation and the United States Steel Cor
poration, with a view to reaching a settle
ment of the strike, Senator Hanna said to
day: "I know nothing about the Matter
aside from what has been published in the
newspapers. Whether I would be willing
to act as a mediator I do not now care to
say. The strike has been most unfortu
nate, not only for those directly affected,
but for the country at large. I sincerely
trust that the trouble will soon be amica
bly adjusted."
A Time of Excitement.
PITTSBURG, Pa., July 2ti.?McKeesport
was again the center of Interest in the
great steel strike today. Intense excite
ment prevailed there over .the fact th.it
many guards have been sent into the
Demmler tin plate mills, and the icport
that arrangements had been completed io
start the works with non-union men on
Monday. It was said that inasmuch as
the men had struck in spite of the scale
agreement, the company was through with
the Amalgamated Association and would
resume as men could be secured. Percy
Donner, manager of the Moness?n plant,
known as a successful strike breaker, was
in consultation with the Demmler people
yesterday, and it was said that he was to
take charge of the mill.
So ominous was the situation this morn
ing that Rev. Stuart Sharp hurried to this
city to beg the tin plate company oiflciaJs
not to attempt to start the mills, as blood
shed would surely follow. The situation
at the Dewees wood plant also becain
more Interesting, when, at 10 ? "ock thL
morning, the management of the worKs
announced the intention to start thepUnt
with non-union men within a very few
days, and that the police department of
McKeesport would be looked to to protect
the new workmen.
Owners Will Insist on Protection.
Manager Samuel M. Cooper of the "VV ood
plant this morning, after a lengthy con
ference with head officials of the company
in Pittsburg, made a statement partly in
reply to the edict issued by Mayor Black
of McKeesport Wednesday that the com
pany would get no assistance from the Mc
Keesport police department should ^ney
decide to start the plant. Mr. Cooper said:
"We are going to start up within the next
few days, and we will look to the author
ities of McKeesport for assistance. Should
our men be interfered with we will insist
on the police of McKeesport doing theii
duty. If Mayor Black would carry out
the lines he has laid down in his state
ment we will sue him and the city of Mc
Keesport, for the W. Dewees Wood people
are heavy taxpayers in the city and must
be protected."
Last night the Wood plant was almost
deserted by the strikers' pickets, who de
serted th^lr posts and went to Demmler.
Another report that excited the men tpday
was to the effect that the company hud
sent a man or several men to Winchester,
Va., to employ negroes. Winchester is in
a manufacturing district and competent
I men can be had there, it is said. The be
lief that they will be brought to McKees
port to break the strike has caused con
siderable uneasiness.
Four Mills in Operation.
It was extremely quiet at Wellsville this
morning. Four mills wtre in opereation
and Manager Brookman was preparing to
make good his assertion to have the entire
plant In operation on "Monday. It is said
the men are beginning to realize that the
management is in earnest, and many have
notified Mr. Brookman that they will re
port for duty next week.
Tomorrow will be pay day, and the strik
ers will receive their wages for the time
worked before the strike. Some excite
ment was caused last night by a report
that a well just outside the plant had been
poisoned and that two strike breakers liv
ing in the mill had been taken violently ill.
The placing of a guard over an artesian
well nea** by gave color to the report, but
it was stated at the mill that there was no
sickness and the guard was merely a pre
, caution.
The giant mass meeting of union men
which was to have been held on the nubile
square here tonight has been called off.
The leaders of the Amalgamated Associa
tion fear that they would be unable to keep
such a crowd of men in control and fear
that a riot might be precipitated that
would cost the association the sympathy
of the general public.
Guarded by Special Watchmen.
The only change in the local situation
was the closing down last night of the open
hearth furnaces at Clark's. A number of
the men who had been working at the fur
naces quit and went to work for the Cru
cible Steel Company. The order has gone
forth that now that the men have struck
the furnaces will be dismantled. The plant
is still guarded by special watchmen, but
the city policemen have been withdrawn.
At the Amalgamated offices the oflicers
of the association said that they had heard
of no changes of importance in the strike
at any point. The reports concerning al
leged movement on the unorganized men
of the Duquesne mills of the Carnegie
Company were not credited in the Amal
gamated headquarters.
A McKeesport. Pa., dispatch says: The
present indications are that the employes
of the National Tube Compiny of Mc
Keesport will go out on a strike either to
morrow or next week. The majority of
the employes have joined the Amalga
mated Association, and although they were
advanced on July 1, they propose to strike
to uphold the association.
A Manager'! Statement.
Mr. Cooper intimated quite strongly that
the mills would be run strictly non-union
and that no Amalgamated people would
hereafter be employed in the W. Dewees
Wood plant.
He said he had been given to understand
that the Demmler plant would also be
opened at the same time.
"I understand that the National tube
works men will be called out tomorrow. I
cannot help this; we will open our mill."
A Monessen, Pa., dispatch says the out
look is for the early closing of the tin mill.
The men are wavering and the organizers
say they are meeting with much more en
couragement.
The management is taking extra precau
tions to prevent the strikers from gaining
entrance to the mills.
Lookiag for the Jadse.
I Dispatcher from Lisbon, Ohio, report
great excitement there over the presence
of two officials of the United States Steel
Corporation who were looking for Judge
Boone, for the purpose of securing injunc
tions against the Wellsville strikers. Judge
Boone was out of town, but was expected
home some time today. It was rumored
that the combine officials had % party of
non-unionists concealed in the outskirts or
the town, but the efforts of the strikers to
find them were futile.
It was also rumored that several non
unionists had been captured and beaten
near Lisbon, but this could not be con
firmed.
KENNAN MUST LEAVE
- >
POLICE NOTIFY HIM THAT HE CAN'T
STAY IN RUSSIA.
He fa Reg?nlc4 m Untrustworthy
Politically?United State* Minister
Notified of This Action.
ST. PETERSBURG, July 26.?A high Rus
sian police officer called upon George Ken
nan, the American author and lecturer, at
his hotel Thursday evening and Informed
him he must leave the country by 10
o'clock this Friday evening. Mr. Kennan
was not allowed to leave his room in the
Interim, but he was courteously treated.
This action of the Russihn authorities is
taken under the law giving the minister of
the interior authority to expel undesirable 1
foreigners. The notice served upon Mr. |
Kennan characterized him as untrust- j
worthy politically. Mr. Kennan has In- (
formed the United States minister to Rus
sia, Charlemagne Tower, of *hls action of
the Russian authorities, but has not as'ted
Mr. Tower to intervene in the matter.
"BEST GOVERNED CITY."
Opposition to Governing Manila as
Washington Is.
MANILA, July 26.?The ft?t meeting of
the legislative chamber, held today, was
largely attended.
Commissioner Wright, speaking of the
charter of Manila, said the same reasons
that controlled in making Washington the
federal city obtained in Manila; and Wash
ington, he declared, was the best governed
city in the world.
Representatives of the Spanish chamber
of commerce vehemently opposed tiic char
ter, asserting that it was inconsistent with
the principles of the freest government on
earth to. deny the right of suffrage to the
residents of the metropolis while granting
it to those of other localities. They also
declared that the proposed System ot gov
ernment for Manila was far less liberal
than that offered by the Spanish authori
ties, who proposed to make the representa.
tives of the districts in Manila 'elective by
the people.
BAPTIST YOUNG PEOPLE.
John H. Chnpman Unanimously Pre
ferred for President.
CHICAGO, July 26?Today the delegates
to the Baptist Young People's Union, who
are holding their eleventh international
convention in this city, will elect its presi
dent for the coming yeart The delegates
were given a chance last night to express
their preference by ballot.
Their leader, John H. Chapman, received
every vote. He has been president for ten
years. He is the founder and father of the
union.
It is also thought the conventfon will de
cide on biennial instead of anniibl sessions
hereafter. There probably will be ft meet
ing next year, and though the matter is
not yet decided, it is believed that this will
be the last of the annual meetings. Boston,
Providence or some other New England
city is favored for the next meeting.
ENGLISH SOLDIERS' PAY.
Why Some of the Yeomanry Refused
to Accept Mednls.
LONDON, July 26.?King Edward pre
sented medals to 3,000 returned yeomanry
at the Horse Guards parade here today.
The ceremonial was the same as observed
at the former presentation of medals, but
the inclement weather robbed tl\e function
of Its brilliancy. Queen Alexandra and
Prince Edward, son of the Duke of Corn
wall and York, were present
Considerable comment has been aroused
by the refusal of thirty-two non-commis
sioned officers and men to attend the cere
mony, on the ground that their pay was in
arrears. These men have addressed letters
to King Edward, pointing out that they
cannot submit to be decorated while their
wives and families and some of their num
ber are starving. The claims of the men,
who say they have not yet been paid, vary
from ?03 to ?127. Some of the claimants
allege they have had to pawn their earlier
medals in order to procure food for their
families.
? ? ?
THE ACCIDENT ON THE KEARSARGE.
Capt. McCalla Reports Regarding the
Bursting of a Shell.
The Navy Department has received a re
port from Capt-iin McCalla, concerning the
bursting of a shell in one of thirteen-inch
guns in the after turret of the Kearsarge
while that 3hip was engaged in target
practice with the north Atlantic squadron
off Newport. The dispatches from Newport
printed in the newspapers stated that the
accident was similar to that which dis
abled one of the guns in the forward turret
of the same ship during the maneuvers in
southern waters last winter. Admiral
O'Neil, chief of "the bureau of ordnance,
says this is a mistake. He says the gun
was* in no wise damaged, and the shell
simply t>roke up in the gun, which was
only slightly scratched. The breaking up
of shells Jn guns, even when the shells are
of the best quality, he says, is not an un
usual occurrence. No explanation of these
occurrences can oe made and in tho case
of the Kearsarge, Captain McCalla does
not attempt to assign a causfe. He simply
reported the matter to the' department,
stating at the same time that the gun was
riot injured.
Further information that reaches here
respecting the accident indicates that the
injuries sustained by the big Jun are lo
cated at a point about seven feet from the
muzzle. At this point the lands are de
formed for a distance of about" six inches.
These lands are the portions of the sur
face of the gun tube lyfhg between the
grooves that make the rifling Of the gun.
Much depends upon the extent-of the de
formation, for if this is more than ex
tremely slight it would certainly not be
prudent to attempt to force through the
bore under a high powder charge another
shell with its tightly fitting copper band.
It is probable that the accident will not
be allowed to interfere with the execution
of the present maneuvers, but*that when
the Kearsarge again goes to the New York
navy yard to refit the gins wttf be put in
order.
Personal Mention.
Grenville M. Hunt, postal agent at Pekln
and formerly financial clerk of the United
States postal servjee in China, has returned
to this city and will soon resume his duties
at the Post Office Department.
Surgeon General Walter -Wyman is at
Chevy Chase Inn.
Mr. W. Appo Johnson, son of Mr. Henry
Johnson, deputy marshal of the United
States branch of the Policy Court, has been
re-elected stenographer to the republican
executive committee of Cfcyahoga county,
Ohio.
? ? ??
Maryland Postasaatera APP?ia*ed'
J. N. Hook has boss appointed post
master at Hardesty, Kd., and W. Jacobs at
Huyett, Md.
THE PRECEPT ISSUED
Secretary Long's Order to the Schley
Court of Inquiry.
CAPT. LEHLY TO BE JUDGE ADVOCATE
Has Had Wide Experience in
Naval Law Cases.
UN USUALLY WELL EQUIPPED
The official order for the investigation of
the Sampson-Schley controversy was is
sued at the Navy Department this after
noon. It is as follows:
To Admiral George Dewey, U. S. Navy,
Washington, D. C.:
Upon the request of Rear Admiral Wln
fleld S. Schley, U. S. navy, made in a let
ter dated July 22, 1001. copy herewith, a
court of inquiry, of which you are hereby
appointed president, Rear Admirals Lewfs
A. Kimberly and Andrew E. K. Benham,
U. S. navy, members, and Captain Samuel
C. Lemly, U. 8. navy. Judge advocate gen
eral, judge advocate, is hereby ordered to
convene at the Navy Department, Wash
ington, D. C., at 1 o'clock p.m., on Thurs
day, the 12th day of September, 1901, or
as soon thereafter as may^be practicable,
for the purpose of inquiring into the con
duct of the said Schley, commodore in the
navy, during the recent war with Spain
and in connection with the events thereof.
The court will thoroughly inquire into
all the circumstances bearing upon the
subject of the investigation hereby ordered,
and to this end, besides examining orally
all proper witnesses whose attendance can
be secured, will call upon the departnn-nt
for all documentary evidence in relation
1 thereto on its files.
J Upon the conclusion of the Investigation
the court will report its proceedings and
the testimony taken, with a full and de
tailed statement of all the pertinent facts
which it may deem to be established, to
gether with its opinion and recommenda
tions In the premises.
While the department relies upon the dis
cretion of the court to make its examina
tion into this matter full and complete, as
requested by the officer at whose instance
it is convened, the report should show the
conclusions reached upon certain Important
points, to which attention is specifically di
rected, as follows:
Qneitiont to Be ConMfdered.
1. His conduct in connection with the
events of the Santiago camptlgn.
2. The circumstances attending the rea
sons controlling and the propriety of the
movements of the "flying squadron" off
Cienfuegos in May, 1898.
3. The circumstances attending, the rea
sons controlling and the propriety of the
movements of the said squadron in pro
ceeding from Cienfuegos to Santiago.
4. The circumstances attending the ar
rival of the "flying squadron" off Santiago,
the reasons for its retrograde turn west
ward and departure from off Santiago, and
the propriety thereof.
5. The circumstances attending and the
reasons for the disobedience by Commodore
Schley of the orders of the department con
tained in its dispatch dated May 25, 1898,
and the propriety of his conduct in the
premises.
6. The condition of the coal supply of the
"flying squadron" on and about May 27,
1898; Its coaling faculties; the necessity, if
any, for, or advisab ii y of, the return of
the squadron to Key West to coal; and the
accuracy and propriety of the official re
ports made by Commodore Schley with re
spect to this matter.
7. Whether or not every effort incumbent
upon the commanding officer of a fleet un
der such circumstances was made to cap
ture or destroy the Spanish cruiser" Colon
as she lay at anchor in the entrance to
Santiago harbor, May 27 to 31, inclusive,
and the necessity for, or advisability of,
engaging the batteries at the entrance to
Santiago harbor, and the Spanish vessels
at anchor within the entrance to 6aid
harbor, at the ranges used, and the pro
priety of Comihodore Schley's conduct in
the premises.
8. The necessity, if any, for, and advisa
bility of, withdrawing at night the "Flying
Squadron" from the entrance to Santiago
harbor to a distance at sea, if such shall
be found to have been the case; the extent
and character of such withdrawal; and
whether or not a close or adequate block
ade of said harbor, to prevent the escape
of the enemy's vessels therefrom, was es
tablished, and the propriety of Commodore
Schley's conduct in the premises.
9. The position of the BrooHlyn on the
morning of July 3, 1898, at the time of the
exit of the Spanish vessels from the har*
bor of Santiago. The circumstances at
tending, the reasons for and the incidents
resulting from the turning of the Brooklyn
in the direction in which she turned at or
about the beginning of the action with said
Spanish vessels, and the possibility of
thereby colliding with or endangering any
other of the vessels of the United States
fleet, and the propriety of Commodore
Schley's conduct in the premises.
10. The circumstances* leading to, and
the incidents and results of a contriversv
with Lieut. Albon C. Hodgson, U. S. N.,
who, on July 3, 1898, during the battle of
Santiago, was navigator of the Brooklyn,
in relation to the turning of the Brooklyn;
also the colloquy at that time between
Commodore Schley and Lieut. Hodgson and
the ensuing correspondence between them
on the subject thereof, and the propriety of
the conduct of Admiral Schley in the prem
ises.
The foregoing specific directions are given
primarily for the information and guidance
of the court, but do not limit or restrict
the scope of its inquiry into the "entire
matter," the Investigation of which is
asked by the officer concerned.
Rear Admiral Schley has been informed
of his right to be present, either in person
or by counsel, during the investigation, to
cross-examine witnesses, and to offer evi
dence before the court, should he so de
sire. The court may at any time grant to
others interested and entitled thereto like
privileges.
The investigation will be held in open
court
This employment on shore duty Is re
quired by the public Interests.
Given under my hand, at the Navy De
partment, Washington, this- 26th day of
July, 1901. JOHN D. LONG,
Secretary.
Capt. Lemly for Judge Advocate.
Secretary Long today forinally announced
that he had selected Captain Sam C. Lem
ly, the law officer of the Navy Department,
to be judge advocate of the Schley court of
Inquiry. Captain Lemly haa accepted the
detail. Secretary Long has not heard from
Rear Admiral Kimberly, who is reported to
have sent a letter to him explaining that
the state of his health would hardly permit
him to act as a member of the court.
Hope Is still expressed at the Navy De
partment, however, that the indisposition
from which the admiral Is reported to
suffering will be only temporary and that
he will be able to serve.
Why PllUbary Wan Not Chosen.
Secretary Long devoted considerable at
tention to the selection of a suitable judge
advocate, realizing that upon that officer
devolves the largest measure of responsi
bility for the conduct of the inquiry to a
successful issue. It was thought that such
a man had been found in the person of
Commander John E. Pillsbury, a sailor,
who has the brighest reputation profession
ally. In fact, it was announced at the
department yesterday that he had been se
lected for the place. But later on, upon
more mature consideration, his name was
abandoned.
It was recalled that he had, as com
mander of the dynamite cruiser Vesuvius,
served under Sampson off Santiago, and
is now actually, in fact, as equipment offi
cer of the Boston navy yard, again a sub
ordinate of the same admiral. In his de
sire to escape all criticism on the point of
bias, Secretary Long felt that these were
reasons sufficient for looking out for r.ew
material and for some man who was abso
Captaln S. C. Lemly.
(Photograph by Stalee.)
lutely disassociated from the great con
troversy in any phase. It is believed he
has found one in the person of Capt. Lera
ly, the judge advocate general of the navy,
a selection calculated, because of the rank
of the officer, to constitute a full recogni
tion of the dignity and importance of the
court of inquiry.
Capt. Lemly'i Attitude.
Capt. Lemly says he would feel hurt to
have it even intimated that he has any per
sonal feeling whatever in the controversy.
In all the time he has been at the head
of the legal department of the navy, his
service dating back to 1802, he has, for
tunately, never had occasion to pass upon
any question that involved either Samp
son or Schley in any personal aspect. He
has known both?Schley better than Samp
son perhaps. He was one of Schley's per
sonal freinds when he (Lemly) was in ac
tive line service. Indeed, he accompanied
Schley on the famous Greeley relief expe
dition, and he rendered valuable service to
Schley on that occasion, which the senior
officer recognized. On the bther hand,
Capt. Lemly has known Sampson official
ly in the Navy Department when the ad
miral was at the head of the ordnance
bureau, and they were thus thrown into
close contact in a business point of view
at least for several years.
Captain Lemly had already arranged to
depart from Washington on his annual
leave on a trip through Canada some time
in August. He will arrange to leave on an
earlier date now, In order to be able to
return in season to study up this cele
brated case before the court meets Sep
tember 12.
Preparing the Documentary Evidence
Meanwhile the clerical force of the judge
advocate's department can prepare the
mass of documentary evidence necessary
for use before the court, and witnesses at
distant points may be gathered ready for
the opening. It should be noted that-under
the ordinary rules of practice the judge
advocate general of the navy is called
upon to review the proceedings of court
martials and courts of inquiry- Secretary
Long has promised Captain Lemly that he
will be exempted from the duty of review
ing the proceeedings of the Schley court.
Capt. Lemly's Experience.
Captain Lemly has probably had more
experience in the prosecution of naval law
cases than any other officer In the navy,
and is generally regarded as one of the
best-equipped officers in the navy for the
important duties which will devolve upon
him as judge advocate of the court selected
to pass upon the controve'rsial points re
sulting from the conduct of the naval cam
paign in the West Indies. I
Prior to his assumption of his duties as
judge advocate general of the navy, in
June, 1892, he was prominently identified
with several of the most important trials
and investigations in the recent annals of
the navy. As judge advocate and recorder '
of various courts he traversed nearly ail j
points of the world visited by United States
warships, going as far as China and Japan
in the prosecution of such work.
He was judge advocate of the court-mar
tial convened in China, as a result of the
loss of the U. S. S. Ashuelot, and was also
judge advocate in the court-mart*.?! case of
Paymaster Watkins, which sat at Yoko
hama. He was also judge advocate in the
court-martial cases appointed for the trial
of ex-Surgeon General Wales and ex-Pay
master General Smith. Probably his most
important work of this kind, however, was
as judge advocate of the court of inquiry
which investigated the loss of the Jean
nette in the Artie. That investigation was
conducted in this city and was marked by
almost as much acrimony and controversy
as the pending Sampson-Schlev ease.
Naval officers in speaking of the fairness
of Secretary Long in selecting the court of
inquiry point to the fact that Admiral Kim
berly was Schley's commander back in the
70*s.
KING EDWARD'S TITLE.
To Include the Britltth Dominion* Be
yond the Sea.
LONDON, July 2U.?In the house of lords
today Lord Salisbury, the premier, intro
duced a bi'J authorizing King Edward to
assume, by proclamation, within six
months of the adoption of the bill, such
title as he may think fitly recognizes his
dominion beyond the seas.
The premier added this title would prob
ably be as foljows:
"Edward the VII, by the grace of God
of the united kingdom of Great Britain and
Ireland and of British dominions beyond
the sea; king, defender of the faith and
emperor of India."
SENATOR CLARK'S ANSWER.
Not a Party to a tiisrantlc Government
Land Swtadle.
HELENA, Mont., July 2(5.?Senator W. A.
Clark has filed in the United States court
at Butte his answer to the suit brought by
the government to vitiate his title to about
15,000 acres of timber lands in western
Montana, valued at $500,000, on the ground
that the lands were secured from the gov
ernment through a gigantic swindle In con
nection with which the federal grand jury
recently returned 102 Indictments.
Senator Clark avers that he was an In
nocent purchaser and as such must be
protected.
? OF NATIONAL SCOPE
; Character of Movement to Change
Date of Inauguration.
; GENERAL SENTIMENT FAVORS IT
April 30 May Be Decided Upon
as the Best Selection.
COMMITTEE TO BE NAMED
The matter of appointing a committee,
national in scope, to consider the question
of a change In the date of the inauguration
of the President of the United States, and
to take proper steps to secure such a
change if it be deemed advisable, has been
formally placed in the hands of the Dis
trict Commissioners by Mr. John- Joy Ed
son, the chairman of the last inaugural
Committee. The Commissioners will act
soon.
Mr. Edson today called upon Commis
sioner Macfarland, president of the Dis
trict board, and presented to him a letter
on the subject. In the letter the fact wan
recited that at the last meeting of the in
augural committee of 11)01, held May 'Zi, a
resolution was adopted, authorizing the
chairman of the inaugural committee "to
request the Commissioners of the District
of Columbia to appoint such a number of
persons, as in their judgment and discre
tion may be necessary, to constitute a com
mittee of national character, to consider
the question of, and to take proper steps
to secure a change of the date of *he in
auguration of the President of the United
States, from the 4th of March to such
date, as in the judgment of said commit
tee, would be more suitable for inaugura
tion day."
General Sentiment for Change.
Commenting upon this resolution in his
letter Mr. Edson says:
"There manifestly prevails a general sen
timent here and throughout the country
that a change of date for the inauguiation
of the President is desirable, not only on
account of the inclemency of the weather
in March, but for other public econom!fc
reasons.
"It is hoped the committee you will se
lect will so carefully and thoroughly con
sider this important subject that their con
clusions and recommendations will lead to
a right and final settlement of the ques
tion."
Commissioner Macfarland, who wan a
member of the last inaugural committee,
will present the matters to his associates
of the District board, and suggest that tno
committee be composed of the governors of
the states and territories of the Union and
of fifteen prominent citizens appointed at
large, and to include a proper representa
tion of the District of Columbia, it will ho
seen that the committee will be entirely
national In scope, although the residents of
the District of Columbia are taking the In
itiative in the matter. The matter will
have to be brought before Congress, and It
is proposed to give the recommendations of
the committee conclusive strength.
As the people of the District have charge
of the inauguration ceremonies and cele
brations in many ways, it is considered
proper that the committee to consider the
change of date should be appointed by the
District Commissioners and that the Dis
trict should be appropriately represented in
the body.
April 30th Favored.
In the discussion of a change in the time
of the inauguration of the President the
date which has generally been suggested
is April 30, which is the anniversary of the
first inauguration of George Washington
in New York. It is claimed that the weath
er in Washington at that time of year is
generally more propitious for such an
event, including as It does an out-door ad
dress by the chief executive and the re
view by him of a lengthy pageant made up
of the martial forces and prominent civic
organizaiions of the entire country. It is
further urged that April 30 would prolong
the short session of Congress to an agree
able date and would result in the transac
tion of much valuable public business,
which, because of the early adjournment
now in vogue, is often delayed for ten or
twelve months or more.
It is not known as yet whether or not a
meeting of the national committee to be
appointed by the Commissioners will be
called. It is generally supposed that much
of the work of the organization will be
done through correspondence. A meeting
may be called, however, when the matter
is well in hand, so that the decision may
be forcibly ratified.
Ol.'R TRADE W CHINA.
Coniinl McWflde I'rjreK the Presence of
American Dminnier*.
A strong plea for the opening to Amer
ican trade of all the ports In southern
China, instead of Confining trade to the
treaty ports, is made by United States Con
sul McWade at Canton in a report to the
State Department. The consul has made
an interesting and exhaustive report upon
the trade of southern China, and he in
cludes many recommendations directed to
American exporters calculated to largely
increase their trade with southern China.
He deplores the absence of American mer
chants, and especially of American drum
mers, pointing to the great success of the
German and French and British as an in
centive to our own merchants. However,
to secure whatever benefits may be real
ized from the free use of samples, Mr. Mc
Wade states that he has arranged to set
apart space in the consulate to accommo
date consignments, although he will not
make sales under any circumstances.
TO BE Bl'KIED WITH HONOR.
Military Escort to Attend the Funeral
of (apt. Wilhelm.
The citizens of Mauch Chunk, Pa., have
arranged for a public demonstration on the
occasion of the funeral of Capt. Wm. H.
Wilhelm, Company B, 1'lst United States
Infantry, which will take place in that
city on the 30th Instant. They have re
quested the War Department to send a
detachment of soldiers to take part in the
ceremonies. Their request to that effect
has been granted by Lieut. Gen. Miles,
who is acting secretary of war, and orders
have been sent to General Brooke at New
York, commanding the department of the
east, to send the regulation escort in the
case of a captain of infantry to Mauch
Chunk for the purpose indicated.
Captain Wilhelm was killed near Llpa, P.
I., June 10, while gallantly leading his
company in an attack upon a Filipino
stronghold. His remains have just arrived
at his native place, Mauch Chunk, and
will be buried with all the honors befitting
a gallant officer who perished in battle.
Going to Visit Carnegie.
Mr. W. R. Smith, superintendent of the
United States botanic garden, will sail to
morrow on the Lucania to visit Mr. An
drew Carnegie at Sklbo Castle and visit
other points thereafter, with a view to add
ing to his Burns collection, in which Mr.
Carnegie takes such great Interest. Mr. W.
F. Gude will also sail on the Lucania, and
will accompany Mr. Smith to Scotland, and
make thereafter a tour of Holland, Bel
gium and Germany.