Newspaper Page Text
THE EVENING STAR
WITH SUNDAY MOFNING EDITION, Pwintfs Office 11th Ptrrt Pez^jylTMl* A1 The Evening Star Newspaper Compaqj. 8. E KAUFfMANN, IWdeat. Htw York Oflet: Tribunt Buiitmg. Ching? TriHut . The Evening Star, with the Sunday morning eM tlon, la delivered by carriers with;n tlse tfttvat SO cents per month; without the Sunday mornhig f?l" tlou it 44 cent* p??r month. P* mall poet nice pn^wM: - Dally. Sunday i-clnded, ou<- n.nrih. W* cent#. Dally, Sunday ? iccpted, one month* DO ct?ut4 Saturday Star, onv rear, $1 ?H) 8oi?day Staff, one year. $1.50. Weather. Fair, warmer tonight; to morrow partly cloudy; light southerly winds. No. 16,515. WASHINGTON, D. 0., TUESDAY, DECEMBER 12, 1905-TWENTY PAGES. TWO CENTS. MUSI STAT IN Lll.liTS Meriwether to Be Confined to the Naval Academy. WILL BE REPRIM. N 'ED SENTENCE OF THE COURT-MAR TIAL APPROVED. Secretary Bonaparte Reviews the Charges and Specifications, the Find ings and Punishment Imposed. The Secretary of the Navy has com pleted his review of the Meriwether case and has approved the sentence impose,, by the court. The sentence is that the ac cusd "be confined to the limits of the Na val Academy for a period of one year," and "be publicly reprimanded by the Secretary of the Navy." The Secretary, however, deems it proper that the sentence should be mitigated so as to permit Meriwether to participate In the next annual practice cruise, and in his order for the approval of the sentence, directs that oo much of the penalty as might debar the accused from service on any practice ship attached to the academy, be remitted. Secretary Bonaparte's Review. In his review of the case Secretary Bona ptirte says. "The charges in this case were three, namely: "1. Manslaughter. r. \ iotetion of the third clause of the ^h}th art'cle for the government of the "?!. Ccnduct to the prejudice of good or der and discipline. "( nder the tlrst charge there was but ?Cati?n^ of wlllch ,hp material portion alleged .hat the accused, at a time whhPh'u "di'1 ,h, n ^d the" with his fig s. upon the body and head of .,^=w?^sa JJames K Branch, Junior. unlawfully and willfully strike a number of blows, from the effects of which blows t lie said .James R. Branch. Junior, did. at about ten hours ante-meridian on the 7th day ot November. 1J.-05. die; and the said Minor Meriwether, Junior. In the manner and by the means aforesaid, did kill and slay the said James K. Branch, Junior." DrTned??V^md lhis 8Pec,f,catIcn "not Pif ? L lhe accused "not guilty" of ^he tirst charge, and acquitted him there nnlh n>ler!lr:mi?rl, arproves these findings dnwn nan lf '''1, rUv specification was cr.iun upon the information as to the whlch^he^ Midsblpman Branch!s VeaJh U>nvv i t rf department ha.l j.rior to the au Iir Pf rf( rmed during th? trial. autopsy disclosed certain facts which might Justify a reasonable doubt InflWed v A'a!h WaS faCt due to ^wi ini. tfd I.} the accused, there beinr at fan 5 |MW"y that it resulted from a fuAfliv,,W< .several occurred during the ' tea- In which these blows were dealt Assuming that the death was the X quence of one or more of these fails there . ground to claim with some force hit the manner and means" whereby the io cused "did kill and slay" the deceased wtr^ not those set forth in the specification U*chnlea? am?"the ^ leciinuai. and the department is not to be understood as Indorsing it. hut the ac S, was undoubtedly entitled to the i o ,any "-Mc.nable doubt and tae record discloses a state of proof, which if It did not compel, at least Justi'ies an quittal of this charge. J^'-'es an ac 1 nder the second charge there were fo-r. speciMc.-Ltions. the first alleging that on October ?i the accused did '(nwrrel wit), and use provoking words toward u,e de ceased. saving to the latter that he was a f second'" th'a ""oi^JJovember ^ & S^"r?[S^t^!ldOUSi; aS "Under the third rl :arge the'r- wa? t <=ln specification s ttta* forth that on No win, ,VlC'lU''d <Ud 'unlawfully en Rage with the deceased in a light with Found Guilty. "The court found all three of these soeci ScC a"d the aCCUS?d 'SUilt>" ?'Although the accused had pleaded "not guilty to these charges, there was prac tically no dispute as to the facts, and the department lias no hesitancy in approving the several finding- of the court lastly above mentioned. The evidence was. in large part, irrelevant as to any other ques on than that of the penalty to be im terv courtseVitn "nder the Practice of mili tary ourts. it was admitted with excen tionally little restriction. It appeared sub stantially Without dispute thai the relations # accused with the deceased had not vf friendly ; that the accused fegarded hlmselt as aggrieved by what he consiH ered a malicious abuse of authority on the pare of the deceased, and visited the latter In his quarters, after he had "turned in ? having previously stated that he intended i?Jmak^ the deceased light him, or. at all events, that he considered a fight the prob able result of the interview, and after a brief but angry dispute, used toward the deceased the language contained In ti e first specification of the second charge As to the incidents of the subsequent list fight there was no dispute whatever In the tes timony. Considerable evidence was offered however, tending to show that such tights had been of frequent occurrei.ce during many years at the academy and had been occasionally called to the attention of the authorities there, and yet only very inade quate penalties, and usually no penalties whatever, had been inflicted upon the par ticipants. This evidence seems to the de alt.?stthcr Immaterial as affecting the guilt or innocence of the accused "There can be no such thing as a law ful custom to commit a crime, and the fact that, through laxity or want of vigilance of other persons in the service, other offend ers had cscaped punishment could in no r.'w? ?rht'/-V..UU' acous"d 1? Violating the If*-, J.hat "'e participants in tills fight all sufficiently Vre d?,lnK something wrong is nartmenr ln th*' opinion of the de when b,V ?i helr '"'-errupting the light interest to avoid discovery. There was also articles lor the government of tiie navy were conspicuously posted on one of the practice ships during the summer cruise und read once each week to th? mia.ui.T_ ? ?.n board, the accused being one of the Taf a"d 8,'nce ?ath which he took on hiu admission to the academy referred soe clfically to these articles, the department ?'hi ? I i can claim no immunity on the ground of ignorance of a law wh'ch i' was clearly his duty to know. The Sentence. 'The sole remaining questioi is as to the sentence. This Is that the aaused "be con! fined to the limits of the Naval Academy for the period of one year,' and be publicly reprimanded toy the Secretary of the Navy ? ln:T''e..dt;,"rtme"t has no dl,llc"l-y In hold In# that this sentence Is amply Justified by the offense committed. There Is, Indeed, room for some doubt whether 'he punish ment Imposed might not hav-? lwen justly made more severe, but as to this the de partment need express no opinion. In one respect, however. It se^ma proper ;hat the sentence should be mitigated so as to per mit the accused to participate in ;he next annu.il practice cruise. "It is therefore ordered that he sentence t>e approved, but that so mu-:ii of the pen alty as might debar the accused from serv ice on any practice ship aitacaed to ine academy be rccnitted." Challenges of Members of Court. In connection with the review of the case. Secretary Bonaparte goes at some length Into the question of the challenges of num bers of th<> court, and says: "When the accused was aski-d if he had any objection to any member of the "ourt martlal, he proposed, through 'lis counsel, to challenge each one of them successively j for prejudice, and asked that he be allowed I to examine the officer challenged in each 1 case as a witness to support the challenge. In response to an Inquiry fr.>n the resi dent of the court as to whether he had in formation warranting a chart;-.- of prejudice against any member of the court, he ad mitted. through his counsel, that he had not. except in the case of one officer; the court thereupon refused to receive th> pro posed challenges except in the case of that one officer. "The department approves this action of the court. It Is the well recognized duty of : an officer of the navy, a very responsible ; and often a painful duty, to sit .ill Judg- ] t ment 011 military offenses alleged against his comrades in arms. He is presumed to be qualified by education and experience to ; serve as a judge, both of the law and tho facts in such trials, and when, having been designated by lawful authority, he presents himself as a member of a court martial, it must he further presumed. In the absence of anything to the contrary, that he has in formed the said authority of any facts in his knowledge material to determine his qualiflcat;on for such service, ind that it has rightfully found him to be qualified. As a matter of fact, ore officer originally designated for duty in this case asked to be and was excused from service for this very reason. The practice of Interrogating jurors on their voir dire, whlcn it was sought to Imitate in this ca.se. applies to persons whose fitness for service is estab lished prima facie by no similar presump tions. The accused then chu.li nged Com mander S. A. Staunton. I". S. N\. for preju dice. The only evidence to sup; ort the chal lenge was the statement ot Commander Staunton himself, which, so far as ma terial. was as follows: "I did s-tate. in conversation regarding It in the Metropolitan Club at Washington, that I thought the offfr.se was a most seri ous one ar.d one that could not be passed over. I did state that It was my opinion that a midshipman who killed another mid shipman In a fist fight was not a desirable person to retain In the service, and if I were superintendent of the Xaval Academy I should deem it my duty to urge his dis missal. I did that when I supposed the matter was one to be settled by the dis cipline of the Xaval Academy and before I had any knowledge of the organization of a court or my orders, as a member of the court, and before I knew what the charges were to be. * ? * In my opinion, it did r.ot unfit me in any way, as the matter was one to be decided by the testimony adduced. * * * I should not have ap peared as a member of the court if I had considered myself in any manner preju diced. If I had considered that opinion, academically expressed, in any manner prejudiced me against the accused, of whom I had no knowledge at all, I should have deemed it my duty then to ask to be excused from serving on the court on the ground of prejudice." "The court thereupon sustained the chal lenge. "The department would find some dif ficulty in approving the action of the court In this respect, If it were needful to pass upon the question. The case had been widely discussed in tho press and in general conversation when Commander Staunton said what he did, and to hold that his mere ly casual expression of opinion, given on a supposed state of facts which might be shown by the evidence to have no existence, disqualified lUm from service, might estab lish an inconvenient and possibly a danger ous precedent. Inasmuch, however, as the accused preferred the challenge, the court's ruling was not to his injury, and. under the circumstances of this case, its pro priety need not be passed upon. The Case of Admiral McCormick. "At the close of the case for the prose cution the Juuge advocate challenged Rear Admiral Alexander H. McCormick, United States navy, retired, on three grounds, namely: (1) That he had privately con sulted and received advice from a medical expert in regard to certain parts of the evidence given in the case; (2) That he had so argued with some of the witnesses, while asking them questions, as to show that he was greatly interested in certain points, which he had suggested, or in a certain theory of the case; and (3) That he had 'taken a decided stand for either the prose cution or the defence,' without, however, saying for which. A statement was there upon made up by the challenged officer, of which the material part Is as follows: "I have conferred with Medical Director W alton as to what might produce the con ditions that were found in the case of Mid shipman Branch, that inquiry being direct ed to the end of my obtaining from wit nesses' on ..ie stand a confirmation or nega tion of whatever he might have told me, my ultimate action to be guided by the record of the evidence.' '/The chauenge was not sustained. After due consideration the department Is obliged to hold that the court erred in not sustaining this challenge on the first ground. The second and third grounds ap pear to the department altogether insuffi cient. but to confer with any one as to any aspect of the subject matter of Inquiry-be fort the court was a serious Irregularity, and furnished good reason to excuse the member concerned from further service, if he thought the knowledge and experience of this particular medical expert of especial value in connection with the inquiry be for the court, he cotlld have asked with en tire propriety that the expert in question be summoned as a witness, and, of course, could have availed himself of suggestions contained in the latter's testimony In in terrogating subsequent witnesses; but. so far as practicable in reason, nothing ar fectlng the case should be allowed to reach the mind of any member of the court un less It be heard or seen simultaneously by all members and unless the person furnish ing it speak under oath, subject to cross examination and in the presence of the en tire court. It is proper here to add that the department accepts unhesitatingly the further statement of Rear Admiral McCor 1 inlck that I11 his conference with Medical Director Walton he was only seeking aid in the impartial discharge of his duty as a member of the court. "On the face of the record, there Is noth ing to inform the department what were the suggestions made by Medical Director Walton during this conference, or to Indi cate with certainty whether the irregular ity above mentioned may have tended to the injury of the prosecution or the defense. It would have been quite as clearly the duty of the judge advocate to take the action he did in the one case as in the other. Had the accused remained passive and silent ift this connection the department would have felt great difficulty in sustaining the con viction, since it might be impossible to say that tho accused suffered no injury from the court's error. Inasmuch, however, as both the naval and the civilian counsel of the accused objected with emphasis to the challenge and argued against Its being sus tained. the accused must be held to have asked of the court the ruling which the de partment holds erroneous, and to have, therefore, no right to complain of this rul ing. Richmond Beal Estate Man Dead. Special Dispatch to The St?r. RICHMOND. Va? December 12.?Leet S. Moore, a wealthy real estate man, who cam? here four yoars ago and invested hugely, died at Retreat For the Sick yes terday. aged sixty-five years. The body will be taken to Pittsburg this evening for intermeat. THE CBEWOF13 SAVED But the Nantucket Shoal Lightship Went Down. HEROIC FIGHT FOR LIFE FEARFUL SEA PREVENTED HELP FOR SIX HOURS. i : Jeopardized Men Forced to Bail Ship for a Whole Day?Details of Res cue by the Azalea. NEW BEDFORD. Mass, December 12. Perslste.nt bailing by hand for twenty-four hours and wireless telegraphy that brought help at last saved the lives yesterday of the thirteen men on board the Nantucket So-.ith Shoal relief lightship No. 5S, but ths vessel went down a few minutes after the crew had tumbled over the side into their lifeboat. For six hours Monday the lighthouse ten der Azalea, which had answered the call for help, lay alongside the waterlogged lightship, unable to render assistance, ow ing to the fearful sea. At length the weather moderated and then an effort was made to tow the lightship to New Bedford, but after eighteen miles had been covered the water, which had been coming In s.ead ily through a leak 1 nthe fireroom com partment since early Sunday morning, be gan to gain on the already exhausted crew and the distress signal was hoisted. Without stopping for any of their be longings the crew launched their boat and jumped into it. They had rowed only a short distance when the lightship plunged beneath the waves. The men were taken on board the Azalea, which had steamed back to rescue them, and every one was brought here sale and sound early today. The relief lightship No. 58, commanded by Capt. Jorgenson. of Dennis, Mas3., took the place of No. 72 on December 5. The vessel was equipped with wireless teleg raphy and constant communication could be kept up with Newport. Leak Discovered Sunday. At 2 o'clock Sunday morning a leak was discovered just above the fire room plates In the mids'ilp compartment of the vessel. For several hours the vessel was kept free by aid of her steam pumps, but at-8 o'clock it was apparent that the water was gaining and a message was sent to New port for aid. During the next few hours the water rose rapidly, until the fires under the boil ers had been quenched and pumping by mechanical means ceased. Several mes sages were sent after the dynamos stopped by means of storage batteries, all urging that some vessel be sent as soon as pos sible. While it was felt that the water tight compartments might keep the vessel afloat for some time, It was feared that the bulkheads might give way eventually. During all this lime the little lightship had been tumbled about in one of the se verest storms of the season, and the roll ing -and pitching helped to open her seams still further. Realizing that hand-bailing might possibly keep the vessel afloat until help arrived, the thirteen men started the tedious work of hoisting the water from the flooded hold In buckets, the han.i pumps being of little use. Without stop ping for food or sleep they managed to hold their own for twenty-four hours. Wireless Power Gives Out. At 2 o'clock Monday morning one of 'he naval wireless operators was able to send out one more message, stating that the lightship was in distress and urging that help be sent "from anywhere." The pover fcave out before he could sign the message. Two hours later the Azalea was sighted by the light of the setting moon. The se.i. however, was too boisterous for the Azalea to go near the rolling lightship, and for six hours she swung round within call, ready ! to dash up in case the lightship, which wa3 well down in the water, should founder. At 10 o'clock the sea, under the Influence of the northwester which had followed the easterly storm, calmed down to a moderate roll and a line was sent to the ship from the Azalea. ?Capt. Jorgenson hailed Capt. Glbbs on the tender and said he thought his men could keep the vessel afloat until she reached > New Bedford, although the middle com partment was nearly full of water. The big chain, which haal kept the lightship on her station throughout the storm, was slipped overboard, and the line from the Azalea was made fast. Still the crew con tinued to ball, although greatly exhausted by their hard labors. Water Gained on Crew. But the new strain from the tow line on the bow seemed to open up the breach In the side of the llghtslTip still more, and the water began to gain on the crew. It was about noon when, after eighteen miles had been covered, Capt. Jorgenson hoisted distress signals on the lightship, and lite towed ship stopped. The Azalea ran back toward the sinking vessel, while the crew of the lightship pushed their lifeboat over the side. No one stopped to gather up any belongings. One by one they slid down the rope Into the boat. Capt. Jorgenson was the last to leave his ship. Ten minutes later No. 5.8, which had with stood some of the most fearful storms that ever swept the Atlantic, gave one great heave and then plunged beneath the waves. The crew rowed around on the leeward side of the Azalea and were dragged aboard, almost too exhausted to stand. They were sent below, warmed, fed and then put to bed, where they were sleeping when the tender reached her wharf in th!? city shortly before 2 o'clock this morning. SILVER SERVICE FOR THE OHIO. Most Complete Ever Presented a Naval Vessel?State Donation. Special Dispatch to The Star. COLUMBUS, Oh'o, December 12.?The Ohio commissioner to secure a silver serv ice for the Ohio has received two letters, one from B. H. MeCalla, commandant of tho Mare Island navy yard, San Franc'sco, saying that the silver service has been re ceived by him and will be reshlpped to the Ohio at Cavlte, P. I., by the Lawton sail Ins; on the 16th. The other Is from H. T. Scott, president of the Union Irem Works Company, that built the Ohio, saying that the service con sists of twenty-three pieces, the most he had ever seen presented to a naval vessel. In the light of theso letters Representative I.o> gworth's proposition to raise money for this purpose by congressional districts ?ecms out of place. Verdict of Accidental Killing. Special Dispatch to The Star. NCRFOLK, Va., December 12.?A coro ner's Jury In the Freeman killing case here yesterday afternoon returned a verdict of "accidental killing," and J. J. Miller, from whose pocket the pistol fell which caused the death of Freeman, was discharged, as were also Nettles, Morris and all-the others held as witnesses pend.ng the investigation. Organization of the Hous Committees. TARIFF OF PHILIPPINE HEARINGS Will BEGIN TOMOR BOW MOBNING. Sugar Men Will Be Heard First, the Tobacco Bepresentatives Later? Officials to Testify. Although the House was not In session to day. most of the members were at the Cap itol and there was a general organization of committees for the Work of the session. But few representatives were at their desks 011 the floor, but the various committee rooms were well filled, the appointments of yesterday having caused a general shaking up of old members. Hearings on Philippine Tariff. The ways and mians committee organized for business this morning and passed a resolution providing that the hearings on the Philippine tariff bill shall begin tomor row morning and continue throughout the week. The sugar men wil be heard firs-t. the tobacco representatives later in the week. The witnesses ready to be heard are Gov. Wright of the Phillpipines, Secretary of Agriculture Wellborn of the Phillppines^Mr. Hathaway of Michigan and Mr. Colcox of Louisiana, the former a beet sugar man and the latter a cane sugar grower. The tobacco Interests will be well represented. Bate Bills Not Considered. The House committee on interstate and foreign commerce organized and immediate ly got down to business. Several minor bridge bills were referred, but, according to Chairman Hepburn, 'the railroad rate prop osition was not even discussed informally-. Many of the other House committees held organization meetings, but gave no consid eration to any matters of general interest. BOSTON CITY ELECTION UNIQUE FEATURE TO BBING OUT THE VOTE TODAY. BOSTON. December 12.?An unprecedented effort to bring out the voters popularly known as the "stay at homes" was a pre dominating feature of the city election here today, after one of the most interesting con tcHts In the history of Boston. One of the republican candidates at the primaries, former Judge Hertry 3. Dewey, declined to abide by the result of the cau cus, at which Louis A. Frothingham was nominated, and Is a candidate at the polls today on nomination papers. Former Rep resentative John F. Fitzgerald is the demo cratic nominee, and the other candidates are James A. Watson, municipal ownership, and George S. Hall, socialist. While Judge Dewey predicted his own election, condi tions appear to favor the success either of the republican or the democratic nominee. An unusually large number of rallies, with final speechmaking last night, when Candi date Fitzgerald addressed voters in every one of the twenty-five wards In the city, ciosed this remarkable canvass. The clt zens' committee, formed of both republi cans and democrats, worked in the interest of Frothingham. Next to the mayoralty question interest centered largely in the selection of a school committee, which, under a recent law. is reduced from twenty-four to five members. Elections in Eighteen Other Cities. Elections also are being held in eighteen other Massachusetts cities, in all but two of which a mayor is be chosen. The license question is also to be decided. In all of the cities aldermen and members of the school committee are being chosen. Good weather and unusual Interest In the results throughout the state gave every In dication that a heavy vote would be polled. GUNBOAT WASP BEPOBTED. Indirect News Says There is No Causo for Alarm. NEWPORT, R. I., December 12.?The anx iety- felt by officials at the naval training station in this city regarding the gunboat Wasp was accentuated today by the con tinued absence of news from the gunboat, which has not been heard from since she started Saturday night to the assistance of the brig Harry Smith, reported In a bad position at the entrance of Vineyard sound. Reports from the sound are that while the brig had been sighted safely at anchor, nothing had been seen in that vicinity of the Wasp. The Wasp is not equipped with wireless telegraph apparatus. She has on board eighty men, under command of Chief Boatswain Hugh McSweeney. At 11:30 Commander Frank E. Sawyer, at the naval training station, stated that he had heard Indirectly from the gunboat Wasp, and that there was no cause for alarm. Commander Sawyer said that the gunboat was In the vicinity of the Nan tucket shoals and would return to this port as soon as the fog lifted. The gunboat Hist, which went out to assist the damaged lightship, la also expected back during the afternoon. The Hist, It Is believed, is an chored near the Wasp. HELD A SHOBT SESSION. Senate Authorizes Bailway to Con struct Bridges. The Senate today passed its first bill for the session. It was a bill authorizing the Rock Island, Arkansas and Louisiana Rail road Company to construct bridges across the Ouachita and other streams In the state of Arkansas, and was reported by Mr. Barry from the committee on commerce. Mr. Taliaferro took the oath of ofllce fcfr his new term as a Senator. He was es corted by his colleague Mr. Mallory be fore the Vice President, who administered the oath. The Senate then, at 12:40 p. m., v*3nt into executive session, and at 1:20 ud journed. GOV. WRIGHT HERE. Confers With Secretary Taft on I*uilip pine Hatters. Gov. Wright of the Philippines, who ar rived in Washington last night, was an early caller at the War Department today and had a talk with Secretary "I^aft con cerning matters In the Philippines. The governor will be present at the opening of bids on? the 15th instant for radlroad con struction In the Philippine#. Republican Caucus Thursday. The republicans of the House will hold a caucus Thursday on the statehood bills. ! T. F. Ryan Explains Why He Refused to Answer AT INSURANCE INQUIRY RECOUNTS WHAT PASSED BE TWEEN HIM AND HARRIMAN. Latter Felt That Former Should Not Have Bought Hyde Stock Without Consulting Him. NEW YORK, December 12.?Thomas F. Ryan, who purchased the Hyde stock of the Equitable I.ife Assurance Society, was the first witness before the Insurance Inves tigating committee today. He said to Mr. Hughes, counsel for the committee, that he had meant no disrespect by his declination to tell what E. H. Harriman had said to him at the time that Mr. Harriman sought to obtain a share in Mr. Ryan's purchase of the Hyde stock. Mr. Ryan said: "I did not mean any dis respect to the committee. I wish to pre serve harmony. I dtd not wish to answer the question until I was satisfied that | was obliged to answer it. The district at torney has determined that I shall answer I the question and I shall give my best res-, ollection of the conversation." "What ddd Mr. Harriman say to you about sharing the Hyde stock?" asked Mr. Hughes. "Immediately after my purchase of the" stock," said Mr. Ryan, "Mr. H irriman called on me. We had several conversa tions. Mr. Harriman said that I should not have come Into the situation without consulting him, and that X ought to let him have an equal share in the Hyde stock. I declined. He objected to the trustees and wanted to name two of them. He said he did not think I could carry out my plans without his aid. I said I intended to divest myself of control of the Equitable, and I regretted very much to have his opposition, but 1 was going to carry out my plan whether I had his opposition or not." Purchase of the Hyde Stock. The purchase of the Hyde stock. Mr. Ryan said, was made on Friday, June !). Mr. Ryan first heard from Mr. Harriman on that day. Mr. Harriman, said the witness, suspected that he (Ryan) was in on the deal and had a talk with him on that day. Mr. Harriman saw him again on the follow ing Monday or Tuesday, in company with Elihu Root and Paul Cravath. Most of the things said were said at this second inter view. Mr. Ryan told Mr. Harriman who the trustees were to be. Harriman then said that he had given much time to straighten out the Equitable. The witness said that Harriman gave no other reason than that for demanding a share in the purchase of the Hyde..stock. "For what reason did Mr. Harriman want half the stock?" asked Mr. Hughes "For the reason that he had been in the fc.quita.ble as a director and was not satis fied that the stock should be in my hands." replied Mr. Ryan. "He said his whole influ ence would be against me. "Did he refer to the political influence that he would assert, at the interview at which Mr. Root and Mr. Cravath were present?" asked Mr. Hughes. "My recollection is that he did." "Did Ik/ reifer to the probability of legis lative action at that same interview''" "He did." "And you understood fullv that in re fusing to meet his wishes you were taking the chance of whatever opposition he could bring to bear upon you?" "I did." "And you told him that you intended that the management of the Equitable should be entirelv independent?" "I did." "Independent of what?" "Independent of me and everybody else." "He said his political influence would be against me, but he did not mention any names. He said the legislature would probably take action, but I don't think he mentioned an investiga tion. I think he s:iid legislative action would probabiy result and that his influence would be important. Mr. Harriman did not say anything about legislative action m the event I acceded to his request. He did not say how his actions in the matter would be important." Alleged Harriman Threat. In reply to questions by Mr. Hughes, Mr. Ryan said that Mr. Harriman did not say in so many words that his political influ ence would be against Ryan, but the wit ness understood Harriman to mean his en tire influence, whether political, financial or otherwise. The witness understood this to Include the possibility of legislative ac tion. The witness was not willing to al low Mr. Harriman to name two trustees, because he did not want anybody as a part ner in the enterprise. The witness talked with Mr. Harriman over the telephone, and finally Mr. Ryan said to Mr. Harriman that there was no use talking about it; he wouiJ not change his mind. "Did Harriman say there would be any thing injurious to your interests if you re fused to sell?" asked Mr. Hughes. "He -said his entire influence would be against me." replied Mr. Ryan. "Did he threaten any action by an ofRccr of the state government?" "He did not." v Harriman's Offer of a Trust. Mr. Ryan testified that Harriman offered If Mr. Ryan would sell to put his share of tiie Equitable into a trust. "My conversation with him was strenu ous," said Mr. Ryan. "I think he said he did not want anybody to control this prop erty unless he had a share in it. Mr. Har riman did not say anything to indicate what action the legislature would take. No other person made any such threats." As Mr. Ryan left the stand Senator Arm strong said to him that the committee ap preciated his coming to testify and recog nized the motives of his unwillingness to reveal the actions of another man. "But we are here on serious and important busi ness," said Senator Armstrong. Senator John F. Dryden of New Jersey, president of the Prudential Insurance Com pany of America, was next called. Campaign Contributions. Contributions aggregating *,12,000 were made to the republican national committees In 18CK3, 1900 and 1904 by the Prudential Life Insurance Company of America, ac cording to a statement read by Counsel Hughes before the legislative investigating coiN^nittee today during the examination o<- etna tor John F. Dryden of New Jersey, president of the insurance company. Senator Dryden testified that in 1899 the Prudential expended 115 N00 for legislative expenses. Of this sun J5.000 was paid to Andrew Hamilton, who previously had been mentioned during the investigation in con nection with the legal expenses of the New York Life Insurance Company. Mr. Dryden said, in answer to a question that no money was paid by the Prudential to Andrew C. Fields, the Mutual Life In surance Company's agent, who maintained a house at Albany. Trouble Over Legislation. The company, the senator ?aid. paid 17.500 to James H. Flood for fees in opposing the Colorado law against child insurance a few years ago. Hamilton was consulted about legislation threatened in Illlnos. but wit ness did not remember what the legislation was. Senator Pryden said his company n.id much trouble over log slat ion His company contributed nothing to the Equita ble Life Assurance Society, New,York*Life or Mutual for legislative expenses. "How is it possible that you dci business with so small an outlay?" asked Mr. Hughes. "Mr. Hughes, we have worked hard and tned to be honest." MBS. BRADLEY FILES SUIT. Asks $50,000 Damages at Norfolk for Alleged Affronts. Special Dispatch to The Stur. NORFOLK, Va., December 12, r.KC>. Mrs. May S. Bradley of Washington. P. C\, daughter of Rear Admiral Stevens of the navy and wife of Robert S. Bradley of Washington, is in the Norfolk city circuit court today suing for $50,(100 because it was charged that she took from the store of Watt, Renew & Clay, in Norfolk, July 29 last, a white belt, valued at l(i cents, with out having paid for the same. Mrs. Bradley, with her daughter, who was in bad health, was summering at Willoughby Beach, near Norfolk. She came to the city, and it was while she was making purchases in the store that a clerk charged she took the belt She charges that Alfred Clay. Junior mem ber of the firm, during the scene which fol lowed put his hand on her shoulder and ordered her to leave the store. She sues the firm for $25,000 because of the alleged slan der and sues Mr. Clay individually fur a similar amount for alleged "assault and buttery." The defendant firm has pleaded just men tion. and Attorney W. I.eigh Williams an nounced that he would in defense nlace upon the stand a witness who it is alleged saw Mrs. Bradley take the belt; who. It is further alleged, saw her leave the store with it on and then return, having on one of a different color. Mrs. Bradley, when an examination was made during her interview with Mr. Clay, took off her belt and proved that the one she was wearing was a black and not a white belt. The defense claimed she had had time to change it when she left the store for a lime. Mrs! Bradley denies that she left the store at all, and the case is being conducted by Attorney G. M Pillard. Her husband is here from Washington as a witness, both having arrived from the national capital this morning. NEVER TALKED ABOUT COAL. John Mitchell Arrived at Shamokin From White House. ?SH AMOK IN, Pa.. Pecember 12.?Coming direct from the White House from an au dience with President Roosevelt. John Mitch el!, president of the I'nited Mine Workers, reached here today to preside over tlie trl district convention, which meets on Thurs day. He went to the Windsor Hotel, where he will make his headquarters until the con vention adjourns. He spoke freely of his trip to Washington, and denied that it would have any bearing on the convention's action. He said: "My call yesterday was as one of a com mittee of five, representing the Civic Fed eration. We discussed the Chinese immi gration laws. I remained behind to talk with President Roosevelt, but from any thing that passed between us I would not know that he is even aware that fhe award of the strike commission is about to expire. I have rc-ad in the newspapers statements to the effect that we discussed coal mine oonditions at different times when I called on the President, but that is not so, I have not mentioned coal mine matters to the President since the commission announced its award. It would be presumptlous in me to mention the subject to him, as he has not even broached the subject to me." President Mitchell denied the published reports of a "tacit agreement" between the operators and miners. The conditions, he said, are the same today as when he toured the region some time ago. COMING ARMY CHANGES. Proposed That Gen. Weston Shall Suc ceed Gen. Bates as Chief of Staff. A change has occurred in the slate of prospective changes in the army resulting from, the coming early retirement of Lieut. Gen. ChaiTees chief of staff. The proposed change involves the detail of Maj. Gen. John Weston to be chief of staff, with no increase of rank, on the retirement of Gen. Bates in the late spring, in place of Maj. Gen. Arthur MacArthur. It is not yet known who will be assistant chief of staff while Gen. Bates holds the office of chief of staff, or whether it is intended to detail Gen. Westoh to that duty as a preliminary step toward his detail as chief of staff. It is also a matter of speculation as to whether Gen. Weston or Gen. MacArthur will succeed to the lieutenant generalcy on the retirement of Gen. Corbin. Gen. Weston retires for age In November, l!*i!> and Gen. MacArthur retires for age in June or the same year, so that the promotion of Gen. Weston would deprive Gen. MacAr thur of further advance in the ordinary course of events. But it is said to be pos sible that Gen. MacArthur may be given the lieutenant generalcy and Gen. Weston continued in the office of chief of st iff for the remainder of his term ou '.be active list without further promotion. FACTORY BLOWN UP. No Loss of Life, but Damage to To bacco Plant is Complete. LOUISVILLE, Ky? Pecember 12.?A spe cial from Elkton, Ky? says: .The tobacco factory here owned by Mrs. M. B. I'enycK and operated by the American Snuff Com pany, was blown up by dynamite early this morning. There was no loss of life, but the damage to the factory is complete. There was no insurance on the plant, as the insurance company had only a few days ago canceled the policy owing to the excitement occasioned in this locality by the tactics of some tobacco growers. The force of the explosion was felt for a lon^ distance. Several houses in the vicinity were damaged, as was the depot. MAKING THOROUGH INQUIRY. Commander of the Panther Has Been Called on for a Report. A thorough investigation is being con ducted by the German government into the report cabled from Brazil several days ago to the effect that German sailors had land ed and arrested a German military deserter and taken him aboard the Panther. The commander of the Panther has been called on for a report. There is an impression in official circles that the whole affair was nothing more than a collision between sailors, but pending the result of the In vestigation in the case the German em bassy here will refrain from any state ment on the subject. SENATOR MITCHELL'S FUNERAL. The Last Sad Rites at Portland, Ore., Today. PORTLANP, Ore., Pecember 12.?The last rites to the memory of the late Senator John H. Mitchell will be said today. At 10 o'clock the casket will be taken to the coun cil chamber at the city hall, where, until 12:30, the public will be admitted. At 1 o'clock the casket will be removed to the First Congregational Church, when the services will be held. Following these the body will b? interred In Riverview cemeterjr. Wiser Counsel Among Labor Leaders Prevailed AT RUSSIAN CAPITAL WORKMEN'S COUNCIL AT ST. PETERSBURG REJECTED PLAN. A Triumvirate Will Guide Organiu* tion in Future?First Disaffection Among the Cossacks. ST. PETERSBURG. Monday. Deoembe* 11 (morning), via Eydtkuhnen, East- Prus sia, December 12.?Caution having prevailed over the fury aroused by the arrest of the strike leaders, the workmen's council ha1* rejected the proposition to order a. general strike at present, as untimely, and has de cided Uhat the workmen should hide their t:me patiently until all the preparations are complete. The council realized th? weakness and unpreparcdnesa of the work men for a general conflict, and hud been In formed that the rpliroad men had already; decided against a strike. N The remnants of the labor and socialist delegates hold a secret meeting in the hall of the Economic Society at an early hour this morning, declined to accept the coal* knge of the government and adopted a resolution against ihe arrest of M. Kru stalolT, the presideni of the executive com mittee of the Workmen's Council, and tii<* other St. Petersburg leaders, which, it pointed out, was only .? f local impor*an?e and did not Jurnlsh cause for a genenl strike. The resolution, however, declared that it was the sacred duty of all workmen to carry on the work begun by tthe arrested leaders of equipping and preparing the lighting legions of workmen for an armed uprising, adding: "In the name of the future proletariat *d refuse to make any active protest at pres ent." A triumvirate hereafter will guide the Workmen's Council. The government on Saturday arrested the most brainy men ot the organization, and the remaining dele? gates, not having sufficient confidence in any of their number, chose an executive committee of three to guide the policy oC the council until events bring forth a worthy successor of M. Krustaloff. Cossacks Disaffected. The sentiment of 11workmen's delegates, which was extremely depressed, has been somewhat raised by the receipt of a dis-? patch from Moscow claiming that the revo lutionary propaganda has finally taken root among the Cossacks the last hope of the' reaction. The 3d Squadron of the 1st rfglment of Don Cossacks Is reported to have held a meeting and^to have drawn up service demands, claiming that the men are' fed like dogs and shabbily clothed. The government officials were forced to deprivo the soldiers of their rifles and lances. This is the first sign of disaffection on the part of the Cossacks. The post and telegraph situation Is- stead ily ameliorating, tliough no wires are work ing to points outside of Russia, and tele graphic communication with the interior is very faulty. Many of the striking oper ators have lost heart owing to the news from Moscow that the leaders when ar rested were indulging in an expensive sup per at a Moscow restaurant in company with women strikers, and spending the strike funds lavishly on champagne and expensive cigars and liquors. Rioting in the Jewish Quarter. VIENNA, December 12.?A dispatch to the Neue Kreie Press:' from Bucharest, Roumania, says: "Reports received here through refugees declare that since Sun day the town of Elisabethgrad. Russia. Ha# been burning, and that a mob has been kill ing and plundering in the Jewish quarter. A regiment is proceeding to EllsabetligraA from Klshineff to restore order there." ROBBED POST OFFICE EUGENE T. HOOVER SHORT $1.5001 IN HIS ACCOUNTS. Eugene T. Hoover, an t*Kio clerk at th? Station C post office in this city, today coiw fessed to the theft of approximately Jl.aOO from the postal funds. The confession wa?| made in a letter to John W. Cotter, super intendent of the station, but all efforts to apprehend Hoover have failed. At a latg hour this afternoon he was still at large, but the postal officials are not much wor? ried. in view of the fact that Hoover was bonded in the sum of J.'l.?iOO. From the letter and from an examine tion of the books the oflleials are of t ha opinion that Hoover has been falsifying big accounts for some time. Dast night Mr. Cotter thought he would check up aftep Hoover had quit work, and to his amaze ment he discovered a shortage on the day" of $S80. Further investigation showed further shortage, and i:i Ills letter Hooves estimated his peculations at $1,500. Hoover Is twenty-six years old, mar ried and has one child. He was apjminted from the civil service eligible list July ly 1002, and has borne a good record. In his letter to Mr. Cotter he stated that his downfall was caused by the horse races. He had bet all his money, and in an eil? deavor to recoup had resorted to embczzie* inent. WILL SAl/ TODAY. Chief Engineer Stevens Returning to Washington. Chief Engineer Stevens will sail from ther Isthmus today for the purpose of advising the isthmian canal commission in Its con sideration of the two reports, majority and minority, of the -advisory board of con sulting engineers. While in this country, Mr. Stevens and his family will be the guests of Chairman Shonts of the commis sion at his home in this city. At the request of the Ward Dine Steam? ship Company the names of the two steamers which the Isthmian canal com mission bought of that company will be changed from "Havana" and "Mexico" to "?Panama" and "Colon." The company wishes to use the name* upon new vessel* of Its own. Fiee Trade With Philippines. Senator McCreary has Introduced a bill providing for unqualifi-d free trade between the United States and the Philippine Is? lands. Offers for the Frigate Constitution. Secretary Bonaparte has received a r.um* ber of offers for the Constitution, amonff them one from a man in Boston who offertft $10,000 for the frigate. The Secretary has' replied that h? cannot legally consider th? offer.