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Always give the last address, as well as the new one. 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.