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Evening star. [volume] (Washington, D.C.) 1854-1972, January 28, 1906, Image 2

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Washington Mr Van Reypen received many
more Invitations than he eonld accept, and
appear* 1 to enjoy the holiday parties hear
tily. remarking to frlenas that after such
a ?d tlm? he could attack his studies with
n? v\ entbf- asm.
He !ook?*d to 1>? in the best of health and
s?emed t?? be deeply interested in his law
work .'t (Vhinrtbla. nnd his friends here arc*
at a loss * ? account for yesterday's tragedy.
J! w is ! ? ; t: . Vale News.
POPULAR IN NEW HAVEN.
Young Van Reypen Connected With
Various Yale Societies.
NEW HAVEN. Conn.. January 27. ?Wil
liam K Van Revpen. jr. of Washington,
1>. <\. who shot and killed himself today
In New York, was a graduate of Yale with
the class of IfMjfi and was one of Its most
active and popular memiiers. He was one
of the ? J!tors of the Yale literary Maga
zine. business manager of the Yale Daily
News, a member of the Yale tennis team
and a member of the 1005 class day com
mittee. He was also a member of Psi ITpsi
lon Fraternity and of the Yale senior so
ciety Skull and Bones."
He was a good student, and at the time
of his graduation was voted by his class
mates the most energetic, versatile and
most likely to succeed of the class of
Letters from him received by some of bis
classmate** her** recently indicated that he
was working ?|uit? hard, but was enjoying
good health.
DUKE DIVORCE TROUBLES.
Tobacco Magnate Makes General De
nial of Wife's Charges.
K|h*.-UI Olniilarh t?? The Star.
TRKNTON, N J.. January 27.? Jaine.s 14.
T>rke today ril!<?<< In the court of chancery
Iil? answer to the cross petition against
hiln by his wilt1. Lillian N. Duke. In tili
au-^wi r Duke makes formal denial of tne
ibarges against him. including lhat of in
fidelity with Mary Smith, who is said to
1k> his housekeeper In the Somerville place.
He also denies that while on their wedding
journey he compelled Mrs. Duke to take
long trips, exposing her while In ill tiealtl
to storms In an open vehicle, that he com
pelled her to go hungry and that he used
harsh and abusive language toward her.
Sperili. denial is mad*' of the charge that
Duke on several occasions kicked his wie
out of bed. struck her with a crutch and
laid violent hands upon her.
The answi r denies that since his mar
riage he li.is ktpt Mary Smith in charge ol
his home at Somervill" or that tie has di
rected Mrs. l)uk. to submit to the control
of Mary Smith fn any respect or that lie has
compelled his wife to seek the assent Ot
Mar) Smith in anything done about '11?
Somerville house
The charges of making malicious attacks
upon Mr- l>uk' - character and employing
detectives to nsci rtsin the relations t>e
tween her and Frank 11 tin toon is Jena .1
by Dlik" who says that he did not employ
detectives until he had himself made dis
coveries ihat gravely involved Mrs. Dukt
TRIBESMEN AT WARFARE.
Fighting Heported in the Environs
of Tangier.
TANdlKR. Morocco. January 27.? Fight
ing ha- begun in the environs of Tangier
l>etwe:?n the A njera tribesmen arid members
of Hatsuli's band.
Tin tribesmen hive burned three villages
eis- ,?f Tangier and are now marching in
force to attaek R:?isull at h!s fortress in
Zlnai.
A tr i'i?i??rt lias left Ailjaercttd. where it
will ill- barge artillery and gunners for
Otijd."
COUNTERFEITER RELEASED.
Elijah Lynch Set Free on President's
Order.
t'OU MBi a, Ohio, Januirv ^7.?A tele
gram w is received at the penitentiary to
<W from Attorney Ueneral Moody at Wanh
itiglon ordering the release Of Kiijah Lynch,
serving one and one-half years from Toledo
for counterfeiting
The order romcs- from Washington On au
thority of President Roosevelt. Lynch lett
the institution soon after the receipt of the
order. He 1 <is served time before, having
been sent up from Mercer county.
CALLED MAYOR A LIAR.
A Richmond Lawyer Used Very
Strong Language.
8peei.il IMspstch to Tlie Slur.
RICHMOND, Va., January '27.?Harry M.
Smith, a lawyer of the city, one of the
foremost in the state, today called Mayor
MoCarthj a liar, embellishing the designa
tion with a pretty strong epithet. The may
or made no resentment of the remark. The
ji-ayor had said that the lawyer would do
anything to win a case.
The senate today Is in executive session
and there is some trouMe In confirming
certain of the appointees of Gov. Montague.
The legislature of Maryland has named a
upeeial committee to confer with a commit- j
tet> from Virginia In regard to legislation
? in the subject of oyster taking. The com- j
nvlttee will come to this city at a date to be
fixed a
MARRIAGE IN ARMY LIFE.
Lieut. Kingman Wedded to Miss Coch
ran at Cincinnati.
CINCINNATI. Ohio. January 27.?Miss
Catherine Mortimer Cochran, daughter of
the late Col. Coehran of the 0th Infantry,
and l.leut Ralph W. Kingman of the ltith
Infantry, were married at Christ Episcopal
X'hurch In this cltv tonight, Rev. Frank f>ei.
son officiating. Lieut Kingman came from
his |H>st in the Philippines to claim his
bride, and they will nail on February 15
from Snn Francisco for Manila. The bride
was attended by Miss Dameron of New
York as maid of honor, and Miss Leila Jen
nings of Rochester, N. V., as bridesmaid.
The groom and several army associates. ;
who served as ushers, wore full dress uni
form. and the wedding was distinctly mili
tary The bride was given away by her
brother. Capt. Percy Cochran West. King
man is a son of Gen. Dan Kingman ot
Cleveland.
CHURCH BURNED.
Building Only Recently Paid for?Cost
$55,000.
NEWPORT NKWS. Va.. January 27 ?
Fire tcxlay destroyed the First Baptist
Church on !ft>tb street. The building was
only recently paid for, nnd was construct
ed of brown granite at a of JiS.noO.
There Is $3&M0 Insurance.
Other property was stivwi from destruc
tion by being saturated with rain wa'er.
The cause of the lire is not known. The
building will l>e re-ei J-cted at once. Rev.
Dr J. \V. Porter is the pastor.
MAYOR ON THE RACK.
Buffalo Official Must Answer Charges
of Neglect of Duty.
Bl'FFALO, N. Y.. January 27.?Formal
charges of neglect of duty have been drawn
tip against Mayor J. N. Adam of this city
? s an outgrowth of an investigation into the
methods of accouuting for the city's police
pension fund. When the Investigation dis
closed that IH.um was missing from the
pension fund Superintendent Hull promptly
?paM that amount into the city treasury.
Police Commissioner Doherty then filed
charges against Superintendent Bull, charg
ing him with neglect of duty In not turning
In the money promptly. Mayor Adam Is a
member of the police commission ex-oftlclo,
but he refused to sit on the trial of the su
perintendent and asked Commissioner Do
herty to resign the comtnissionershlp. It
was becaues of this refusal that the charges
against the mayor, which were preferred by
Capt Walter E. Pagan of the state militia,
were forwarded to Gov. Higglnw. The gov
ernor will be asked to remove Mayor Adam
from office.
Superintendent Bull has since resigned,
admitting neglect of duty. When Mayor
Adam was - told that charges were to be
preferred against him he said:
"If charges were made and they invplve
me personally I will answer them without
expense to the taxpayers and without in
"r r' ; *hh the public business."
The Hepburn Rate Bill Not to
Be Materially Amended.
WILL BE FOUGHT IN SENATE
Question of Constitutionality to Be
Raised.
CERTAIN POINTS OF ATTACK
Decisions of the United States Su
preme Court Quoted in Support
of the Contention.
he action of the Hou.se committee fn
agreeing to a unanimous report on the Hep
burn railway rate bill assures its passage
through the House without any substantial
amendment, whether it be considered un
der a special order shutting out all amend
ments or not.
It does not follow, however, that the bill
, wU1 ** finally agreed upon by both
Houses and sent to the President for his
signature will follow very closely the lines
or this measure. It is believed, even by
members of the House, that the Senate will
have much to do In framing any rate legis
Ltn may be paas,"d The Hepburn
bill will be attacked In the Senate on the
ground that It would be unconstitutional
and that it would go to dangerous lengths
in giving the interstate commerce com
mission authority over the commerce and
industries of the Tnited States.
iJrh25e?E?atori H.L10 a*ree W,th Mr Fora
thlt J ? ??8 Mr Morsan of Alabama
that a. question as to the reasonableness of
a railway charge is a judicial question that
must be passed upon by a court at some
ft, ,le, r)roceodlne? Will contend that
the proposition of the Hepburn bill to have
this function exercised by an administra
tive commission would be held by the Su
preme Court to be unconstitutional. They
point out that the Constitution provides for
the exercise of judicial power only by
?u,rt"?th* Judges of which -shall hold
their offices during good behavior and shall,
at stated times, receive for their services a
compensation which shall not be dlmnlshid
during tjieir continuance In office." They
also contend that the interstate commerce
commission does not come within this con
stitutional definition of a court, and thej"
predict that the Supreme Court, always a
jealous guardian of the rights of the ju
diciary, would hold to be unconstitutional
any law attempting to empower a non
judicial body to exercise judicial functions.
Functions Given to the Commission.
It is contended, further, that the Hep
burn bill would involve tlie bestowal on
the interstate commerce commission of
such a combination of legislative, execu
tive and judicial functions as would be in
clear violation* of the fundamental princi
ples of the Constitution and its division of
the government" into three great depart
ments. It is declared that ilie Hepburn
bill would require the commission to sit as
a court and pass upon the judicial ques
tion as to the reasonableness of a rate and
then sit as a legislature and prescribe a
new rate for the future.
The Supreme Court is quoted in support"
of the contention that the Hepburn bill
would require the commission, in addition
to exorcising Its administrative function
to act both as a couri and as a legislature.
The court has said: "It is one thing to in-,
quire whether the rates which have been
charged and collected are reasonable?that
Is a Judicial act?but aii entirely different
thing to prescribe rat*s which shall- be '
charged in the future; that is a legislative
act."
In another case the Supreme Court, refer-*
ring to an attempted exercise of the rate- 1
making power, said that it would toe the
making of "laws of wide import, destroying
some branches of commerce that have long
existed, and undertaking to change the
laws and customs of transportation In the
promotion of what Is supposed to toe pub
lic policy."
It is claimed that the fact that the Su
preme Court would hold to be unconstitu
tional any proposition to combine legisla
tive, executive and judicial functions in the
interstate commerce commission, as Is pro
posed by the Hepburn bill as shown by at
least two utterances of that court.
Supreme Court Rulings.
In the case of the I'nlon Pacific railway
against the 1'nited States the court said:
"One branch of the government cannot en
croach on the domain or another without*
danger. The safety of our institutions de
pends In no small degree on a strict ob
servance of this salutary rule." In the case
of Ki'ibourn against Thompson the court
slid: "It Is believed to be one of the chief
merits of the American system of written
constitutional law that all the powers in
trusted to government, whether state or
national, are divided into the three grand
departments?the executive, the legislative
an.) the judicial; that the functions appro
priate to each of th'se branches of govern
ment shall !;?? vested in a separate body of
puhlie servants and that the perfection of
the system requires that the lines which
?>-parate and dl\ i.l>- these departments shall
be. broadly and clearly defined. It is also
essential to the successful working of this
system that the persons Intrusted with
power In any one of these branches shall
not be permitted to encroach upon the pow
ers confided to the others,: but that each
shall by the law of its creation be limited
to the exercise of the powers appropriate to
its own department and no other."
It Is argued that the declaration of the
Supreme Court as to the nature of the
functions to be exercised in condemning
one rate and prescribing another to replace
it and the utterances of the court as to
the separation of governmental functions
by the Constitution indicate clearly that
it would be a mere waste of time and
energy f?>r Congress to enact a law along
the lines of the Hepburn bill, only to have
It declared null and void the first time it
Court1 ^ questl0Iled "before the Supreme
There are still other grounds on which
the opponents of legislation along the line
of.. .? H*:pburii Wfi will attack the con
stitutlonallty of the measure.
Foraker Will Oppose the Legislation.
One of the leaders In the atack that will
be made ln the Senate on legislation as
is proposed by the Hepburn bill will be
Senator Foraker. who is one of the mem
bers of the Senate committee on interstate
commerce, and who has Introduced a bill
the basic principle of which is a provision
for the determination by a 1'nited States
circuit court of the qi*stlon of whether
a challenged rate Is reasonable or un
reasonable. Senator Foraker takes the view
that this bill is not subject to any of the
constitutional objections that can be urged
against bills proposing to requyri the com
mission to exercise judicial and legislative
functions and that it would afford a more
speedy und more effective remedy for un
reasonable charges or other railway abuses
than would be supplied by any other bill
that has vet been presented in either house
of Congress.
It Is becoming apparent that the real
tight ln the Senate Is to be between the
supporters of legislation giving to the com
mission practically unrestricted powers
and those who believe that the law must
be so drawn as to enable the courts at
some stage of the proceedings, to pass
on the judicial question as to the reason
ableness of a rate.
Typothetae Reports Conditions 0. K.
NEW YORK. January 27.?A statement
issued by the Typothetae tonight says:
"At the end of the fourth week of our
strike every one of our plants Is operating
with almost as many men employed as
before the strike. Instead of losing mem
bers from our lighting line, as might have
been expected, we have gained one. the
Llvlngston-M iddledith Company."
Father O'Keefe Dying.
Spectnl PiHpfttc1. to The Star.
BALTIMORE, Md., January 27,-Father
O'Keefe, chaplain of Mahone's Brigade, a
personal friend of Jeff Davis and R. E. Lee,
and decorated by Frauo* Is dying at Tow
son, Md.
BABCOCK OPPOSITION
LA FOLLETTE FORCES WANT TO
DEFEAT HIM IF POSSIBLE.
Special DUptarh to The 8tai^
MADISON, Wte., January 27?The La Fol
lette people have recently been paying con
siderable attention to the third district, and
while a few weeks ago It looked as If there
was to be no opposition to the renomlnatlon
on the republican ticket of Representative
J. W. Babcock, a few things have transpired
lately which seem to show that Mr. Bab
cock may hav? oposition at the primary
election. The resumption of the tight Is
due largely to the excuse offered by the
insurrection against Cannon.
The La Follette men propose to argue that
Ba&eock, "being at war with Cannon, can
do no more for his district. This is ex
pected to overcome the friendship shown
Babcock by the tobacco raiserf as a result
of his fight against the Philippine bill.
Some trouble may be found In finding a
man who will face Mr. Babcock In the pri
mary, in view of the fact that as matters
now stand in the district a candidate mak
ing the contest will have little chance of
victory.
Looking Toward a Democrat.
The La Follette leaders In the third district
are showing a great deal of interest, how
ever, in the possible democratic candidates
in this district, and a great deal of pressure
?is being brought to bear on Thomas L.
Cleary of Lancaster to have him enter the
field as a democratic candidate age.lnst Mr.
Babcock. Last fall It did not seem likely
that Mr. Cleary would be a candidate "for
the nomination, but during the last few
weeks Mr. Cleary has shown more Interest
In the possible results of a campaign by
him against Mr. Babcock, and his candi
dacy is now regarded as a possibility.
Mr. Baboock is a hard man to defeat, a9
was shown by the great tight which he put
up two years ago. when he saved his neck
by a narrow majority over Herman Groto
phorst. a democrat Indorsed by Lafollette.
Mr. Cleary would not have the handicap
In a campaign which Mr. Grotophorst had
two years ago. of having4>een a La Follette
appointee. This caused many to look upon
it as more of a La Follette than a democratic
fight, and there Is no doubt but that a good
many democratic leaders lost Interest in the
contest for this reason.
MYSTERY CLEARED UP
DECOMPOSED BODY OF JOHN F.
GRIFFIN FOUND.
There Is no longer any mystery connected
with tl?e disappearance from the Gundry
Home at Catonsville, Md.. June 8, 1005, of
John F. Griffin, the plate printer, who lived
at H street northwest. this city, the
dead body of the pissing man having been
found in the engine room at the Catonsville
institution yesterday morning. A small boy
who was climbing about the building look
ing for medicine fcottles found the horribly
decomposed body of the missing man.
Griffin had crawled into a narrow space
between the feed 5>ipes leading from the
engine rofctn tu-the main building and died.
His death, It is believed, was due to ex
haustion and not to violence, although a
brother of the deceased, Mr. M. P. Griffin,
who went to Baltimore yesterday, told a
Star reporter lest night that the sugges
tion of suicide was made to him when he
visited the sanitarium yesterday. He
would not listen to such a suggestion, how
ever; and thinks an investigation should
be inade.
Employed at Bureau.
John F. Griffin was twenty-nine years Old
and whs employed as a plate printer-at the
bureau of engravlag and printing. He was
sent to the Gutufry Home for treatment
after he had suffered from nervousness for
^several months, Ms Wife and other rela
tives thinking the change would do him
good nhd remedy what threatened to de
velop a case of insanity. At the time his
disappearance w'fts reported it was thought
he had left the vicinity of the home and
probably died In the woods. Relatives went
to the country on several occasions to view
bodies that had been found, but none of
them pr,Qved to be that of the missing
plate printer.
His Wife Almost Frantic.
The continued absence of the young man
almost drove his wife frantic. She had be
come nervous under the strain, and was al
ways expectinK to hear something from her
husband. The local police were appealed
to for assistance and descriptive cards were
sent broadcast in which a reward of $50
was offered for information leading to a
solution of the mystery.
Mr. Griffin, brother of the deceased, ea?i
ed at police headquarters last night upon
his return from Baltimore and told Sergt.
Carter of the finding of the body. He said
he was able to Identify It by the gold teeth.
He will return to Baltimore Monday morn
ing and make arrangements for the re
moval of the remains to this city. It is the
Intention of relatives to have the remains
taken to the home of Mr. John Griffin,
father of the deceased, from where the
funeral will take place.
Notified by Dr. Gundry.
When a Star reporter called at the resi
dence of Matthias Griffin, WO 28th street
northwest, late last evening ft was stated
that the remains had been identified as the
missing man. Dr. Gundry. who has charge
of the sanitarium at Catonsville, Md., where
Mr. Griffin had been staying before h? dis
appeared last June, had called the family
u^ by telephone yesterday morning and in
formed them that the remains had been
found. He also stated that he believed that
Griffin had died of suffocation.
The deceased was a member of the Plate
Printers' Union. He was also a member of
Potomac Council of tlie National Union, St.
Peter's Commandery, No. 134, of the Knights
of St. John, and of Division No. 7, Ancient
Order of Hibernians.
Mrs. Griffin, the wife of the deceased, who
is staying at the home of her brother-in
law, was unable to give any definite ar
rangements for the funeral until she had
consulted with the other members of the
family.
PROPOSED ELECTION LAW.
Gen. Baughman Explains New Meas
ure?Indorsed at Frederick.
Special Dispatch to The Star.
FRKDKRICK, Md., January 27.?The
democratic county central committee met
at the court house this morning and made
recommendations for every office in the
county under legislative jurisdiction. Mess's.
John Francis Smith. Christian H. Rekstein
and John Wood, the present Incumbents,
were recommended for re-appointment as
Justices of the peacc for Frederick district.
A resolution in the shape of a proposed
bill for a change in the present election
law was submitted to the committee and
indorsed. The bill was merely a rough cast of
the one that Is to be drawn up and Intro
duced at the present session of the general
assembly, and it provides for a radical
change in the present system of voting.
Gen. L. V. Baughman, chairman of the
Frederick county executive committee,
stated that the proposed new measure will
establish an election law as nearly as possi
ble to the view expressed by the majority
of the democrats of Frederick county who
have discussed the subject. The bill in
effect is practically a return to the ballot
used at the election of 18?7, with the ex
ception that the party designation Is to be
placed to the left of the name of the can
didate and a mark for a candidate that ex
tends beyond the square for the X mark
will not reject the ticket, the primary
object being to get as close as possible to
the intention of the voter.
A departure from the old method of vot
ing that is contained In the proposed new
bill is to the effect that official envelopes
shall be given by the judges of election to
each voter In which to place and seal his
ballot. The envelope shall contain the Ini
tials of the Judges of election and the
great seal of the state. A voter will thus
be able to prepare his ticket at home, come
to the voting place, secure his envelope and
deposit his ballot.
COL MANN ARRESTED
(Continued From First Page.)
of the prosecution, however, and Mrs. Wray
executed the bond of S1(WW0.
Col. Uahn, on leaving- court, gala he would
make no vtatement.
"I have nothing to talk about,' he de
clared. "I have committed no crime, and
the public will learn that this is m In ?
short time."
The Hatter Supplied by Mr. Loeb.
Special Dispatch to The Star.
NEW YORK, January 27.-Col. Mann, the
editor of Town Topics, who was arrested
today for perjury In the Deuel case, de
clared that President Koosevelt and Secre
tary Loeb were fully aware that the mat
ter supplied by Mr. Loeb concerning the
nation's chief executive was Intended for
"Fads and Fancies." The colonel added
that a letter proving the truth of his as
sertion Is in the hands of District Attorney
Jerome. He was asked If he was aware
of the publication by Secretary Loeb of the
letter sent to him declining the book. The
question waa not finished before the colonel
broke in:
"Look here, my boy, I want you to re
member that I never brought the Presi
dent's name into this case myself. Jerome
and his assistants instructed me to pro
duce in court all the papers and docu
ments relating to 'Fads and Fancies.' I I
was most particularly Instructed to pro- '
duce all the correspondence that had
borne on the President's- appearance in
the book. They told me, too. that I must
find the proofs of the publication. I had
simply to obey orders, and I did, though
we had a time finding the President's
proofs."
"Were these the same proofs that were
sent to the White House for possible cor
rections?" was asked.
"They were."
"Was rhe manuscript of the article about
the President sent to Washington, too, be
fore printed?" was asked next.
"Oh. no." answered the colonel. "You
know, this was a very Important work, and
we had to be very careful about it. Tlie
manuscript was written in our eflice fend
set up In type. Then we forwarded proofll
to the President. We did it in his case as
in the case of everybody else in the book.
All our subscribers got their proofs both
of the reading matter and of the photo
graphs before they went into the book."
"Were there any corrections on the Presi
dent's proofs when they came bLck?"
"There were."
"Who made them?"
"How could I know?"
"Were they all in one handwriting?"
"How could I tell?"
"Didn't you examine them to see who
made the corrections?"
"I may have done so. but then I never
expected to be called to tell anything about
It so long afterward.
"Now the public has the facts," Col.
Mann concluded. "One letter was made
public from the White House. The other is
in the possession of the district attorney.
We did forward proofs to the President.
We got them back corrected. The corrected
proofs were shown in court. We got four
photos. They and nil we wrote about Roose
velt were printed in 'Fads and Fancies.' "
THE ALLINSON MURDER
OFFICIALS CONFIDENT THAT RU
FUS JOHNSON IS THE CULPRIT.
MOORESTOWN, N. J.. January 27.?The
police authorities of Burlington county and
of Baltimore are confident that Rufus John
son, the colored man under arrest in Haiti
more. was connected with the murder of t
Miss Florence W. Alinson, who was as
saulted ana kiUftd- ?>n the Strawbrldge farm,
near here, on January IS.
Today Harry McPhelwi, clerk in a Phila
delphia pawnbroker's establistaUOTfc went
to Baltimore and Identified Johnson as the
man who on the afternoon of ;January 18
pledged a gold watch. 5 "
The lnacrliti?ai. according toj. the police
authorities^.1 tenies with that in Miss Allln
son^s watch, which was stolen from her
home after the murder.
McPhelan says he loaned Johnson $3 on
the watch.
The police officials are said to have round
the key of the watch in Johnson's valise.
BALTIMORE, Md., January 27.?The con
fidence of the Baltimore police that in Ru
fus Johnson, colored, now under arrest
here, they have a person who had some
knowledge of the murder of Miss Florence
W. Allinson of Moorestown, N. J., who was
killed a fortnight ago, was apparently jus
tified today when Harry McPhelan. clerk
to a Philadelphia pawnbroker, identified
Johnson as the man who, on the day of the
murder, pawned with his firm a watch said
to have been Miss Aliinson's, and which
bore her name. In a puree in Johnson's
pocket was found, when he was searched
here, a watch key that fits the watch
pawned. Johnson still refuses an outright
confession, but Captain of Detectives Pum
phrey has drawn from him fragmentary
statements and admissions that, the Officer
says, leave not the slightest doubt in his
mind that Johnson is the man wanted.
Detective Lynch of the Philadelphia de
partment recovered the watch which is
said to be Miss Aliinson's from a Phila
delphia pawnshop on last Wednesday.
Lynch accompanied McPhelan to Baltimore
today When the watch was shown to
Detective Lore of Burlington county, it is
said to have been Identified as the prop
erty of Miss Allinson. The inscription in
the watch case is "F. W. Allinson, from her
brother, 24, 7. "91."
Italy's Gift to Miss Roosevelt.
PARIS, January 28.?A dispatch to the
Echo de Paris from Milan says that King
Victor Emmanuel has commissioned a Mi
lan jeweler to execute a magnificent piece
of jewelry to be given as a wedding pres
ent to Miss Alice Roosevelt.
Index of Unclassified Advertisements.
PART 1. Fage.
Palais Royal *
Wm. Knabe & 0o.-4?Ianos 5
J. Maury D<?e Co.?Coal :...... 5
Edward J. Qulnn-Wlnes ?
T. K. Yonug?Carriages 8
A. O. Hutterly?Watchmaker 8
Oastelberg'fr?Jewelers 0
' Leyerton?Goods - 6
Hodgklns'?Paints fi
Geo. F. Muth Jt Co.?Art Goods 6
Rubenstehi's?Hats ,?????? 6
Carl Petersen?Jeweler 8
Hotel Fritz Reuter 8
Chas. M. Stieff?Piano# 8
Hubbard Heating Co 8
Merchants' Transfer and Storage Co 8
Lansburgh & Bro '? T
Mayer & Co.?Furnitnre. 8
Win. M. Gait & Co.?Ores Flour 8
Great Atlantic and Pacilflc Tea Co 8
Byron S. Adams?Printing 8
Plitt?Decorator 8
D. G. PBeffer?Pianos .' 8
W. S. Thompson?Pharmacy 8
W. H. Butler Co ;..... 8
Brentano's?Engraving 8
Chery & Moran Company .... 9
Clark, Davenport & Co.?Furniture 9
Postal Telegraph Cable Company a
Washington Gas Light Company 9
John F. Ellis?Talking Machine# 9
Peter Grogan -Furnlture 9
To-Kalou Wine Company 9
( has. Kraemer 16
S. J. Venagle?Pictures 1?
L. P. Darrell Advertising Agency lfi
Cbrl-tian Xander?Wines 18
PART 2. Page.
Parker. Bridget & Co 1
Pettlt & Co I
M. Philips born ft Co.?Ladles' Goods 2
Gait & Bro.? Jewlers 2
Julius Garfinkle & Co.?1-adies' Goods 3
Chickerlng Pianos 3
B. Rich's Sons-Shoes 3
S. Kann. Sons & Co 8
PART 4. Pag?.
Wm. Uahn h Co.?Shoes 1
Suburban Homes Co I
People's Savings Bank 1
J. C. Weedon?Real Estate 1
John A. Massle?Pinehurst. . 1
W. B. Moses ft Sons?Furniture 8
PART 5. Page.
James Clark Distilling Co 2
A. Oullins?Wines 2
A SIGNIFICANT SPEECH
CZAB NICHOLAS TOASTS THE
HEALTH Or THE KAISER.
8^ PETERSBURG, January 27 ?A new
grouping of the powers of Europe, with
Germany and Russia arrayed side by Bid#
In the closest friendship and the mis
matched alliance of the empire wltu repub
lican France lagging in the rear, was fore
casted by the words of Emperor Nicholas
at a gala luncheon at TBlcarskoe-Selo to
day In honor of Emperor William's birth
day.
Rising to his feet before a brilliant com
pany of Ru?sian and German representa
tive? to propose a toast to the German Em
peror, Emperor Nicholas lifted his glass
and said, slowly and distinctly, as If weigh
ing every words
"I drink to the health of the Emperor of
Germany and the King of Prussia, my
brother and very dear friend."
A Significant Phrase.
The phrases chosen were significant
enough In themselves, the emperor In pre
vious years having proposed the health of
the emperor-king without the qualifying
expression of brotherhood and friendship,
but, turning to Herr von Schoen, the Ger
man ambassador, who was standing at his
right, the emperor grasped him by the hand
and is reported to have said:
"Frere, c'est plus que allie" (brother,
that's more than ally).
The stage of the momentous utterance
was the great dlntng hall of the Alexander
or "Little" palace at Tsarskoe-Selo, where
the emperor has his winter residence. The
Empress and Grand Duke Michael were
present at the luncheon, to which were
invited, besides all the members of the
German embassy staff. Court Minister
Fredericks and many high dignitaries of
the court, generals, admirals and all the
Russian knights of the German Order of
the Black Eagle, while the presence of
Count Witte, the premier, and Count Urns
dorf, the foreign minister, gave ministerial
sanction to the significance of the utter
ance. All were in full uniform. The em
peror and Grand Duke Michael wore the
uniforms of the Prussian regiments, of
which they are honorary commanders. t
The emperor's choice of the word "ally'
Indicates that the defensive alliance with
France Is still considered binding, but un
doubtedly, as has been the gossip in diplo
matic circles here for some time, not a
hair's breadth beyond the letter of the
treaty providing for common action only
in case France is not the aggressor, and
there is no telling how soon it will be al
lowed to pass into desuetude.
Relations With Germany.
The present relations between Germany
and Russia have been a matter of slow but
steady growth and signs of the new align
ment have long been In the air. Since the
outbreak of the Russo-Japanese war the
warm personal friendship existing between
the two monarchs has been knit closer,
and the many material tokens of friendship
manifested by Germany during the war,
compared with the lukewarm support to
which France was limited by her new-found
entente with Great Britain, has combined
to build up strong Oermanoplille sentiment
4n influential quarters in St. Petersburg.
At the same time much of the necessity to
France of the Franco-Russian alliance van
ished when France clasped hands witn
Great Britain and practically assured her
self of an ally In case of war.
The present relations between Germany
| and Russia were also the text of an ad
dress delivered by Ambassador von Sehoel
before the German residents of St. Peters
burg, who assembled this evening in honor
of Emperor William's anniversary. He
spoke with confidence of the amity e*lst
| ing between the two empires and declared
the relations were now closer and more
i friendly perhaps than before in the history
of-the two nations.
Among the Callers at the German em
bassy today to offer their congratulations
| -on the emperor's birthday were Mr. Meyer,
the Araefltan ambassador. Foreign Minls
I tei" Lamsclorff also called jn person.
NEW FOOT BALL RULES
ACTION OF NATIONAL INTER
COLLEGIATE COMMITTEE.
NEW YORK, January 27.?The national
lnter-collegiate foot ball rules committee,
after being in session in this city all day,
announced tonight the adoption of new
rules which, it is believed, will eliminate
brutality from the game. Before becoming
law the rules must be ratified at a meeting
of the committee two weeks hence.
It was decided that striking with fists,
elbow, knee or deliberately kicking an op
ponent shall be punishable by disqualifica
tion for the remainder of the game, and
the offending team shall lose half the dis
tance to its own goal line. A subst tute
shall be allowed in place of the player dis
qualified.
The player disqualified twice in a season
shall be suspended from playing foot ball
for one year from date of second offense.
I For unnecessary roughness, such as strik
r ing the .runner with the ball in the face,
with the hand, meeting w.th the knee pil
r inir up striking with the. locked hands b>
linemen in breaking through, tripping tac
kling runner when out of bounds and all
acts of unnecessary roughness the penalty
1 shall be a loss of fifteen yards
1'nsportsmanllke conduct, including abu
sive or Insulting language to iipponent or
officials, a penalty of suspension for re
'"ft'sfhall -be the duty of all the officials to
penalize for the above offenses.
Holding Prohibited.
Players of the side that has possession
shall not hold, lock or otherwise obstruct
except with the body; but a placer running
with the ball may ward off an opponent
with his hands. Holding or unlawful ob
structing includes (a) grappling the oppo
nent with hands: fb) placing hands on op
ponent to push him away from a player_
The definition of holding was Snall> held
over until the next meeting for further dis
tlThe> neutral zone proposition as expound
ed by Harvard was adopted. It was
agreed that there shall be a referee, two
umpires and a linesman to each game, tor
small games if necessary, there shall be
but one umpire. .
On the question of opening the game it
was decided that any man back of the
snapper-back shall be allowed to make a
forward pass, provfded It does not extend
beyond the line of scrimmage. He may
also pass to a man who is in the line of
scrimmage when the ball is put In play.
On the Scrimmage Line.
Six men shall always be on the line of
scrimmage; the five center men shall al
ways be on the line, except that one of the
center men may drop back at least five
yards or more, another man to take his
place on the rush line.
Not more than six men shall be on the
line of the scrimmage on defense; the
other shall be clearly behind the feet of
all the line men and inside the men on
the end of the line. ?
There shall be no tackling below the
knee, except by the men on the line of
scrimmage or defense, and of these the
two men on the ends of the line of scrim
mage cannot tackle below the knee.
Hurdling in the line Is to be prohibited
(the definition of hurdling to be given
out at the meeting two weeks hence).
The matter of a field laboratory was
postponed until the next meeting, as was
the selection of a central board of offl
The ten-yard gain rule was fully dis
cussed, but no decision was arrived at.
Paul Oashiell's Appointment.
ANNAPOLIS, Md., January 27.?Or. Paul
Daehiell, who has been prominently con
nected with the stame of foot ball as official
and chairman of the rules committee, has
been appointed to a professorship of mathe
matics at the Naval Academy, which car
ries with It the rank of lieutenant, but does
not d-tach him from his department, that
of physics and chemistry. The appointment
is subject to an examination, which took
place here today.
FULL EXTENT OP LAW
* , -ST i
? _
Sentence of Captain of the Gen.
Slocum.
TEN YEARS' IN THE PEN
First Conviction in Prosecutions for
Disaster.
BAIL WAS FIXED AT $10,000
Forced to Go to Tombs Because of
Absence of Frienda?Van
Schaick's Statement.
NKW YORK. January 27.?Capt. William
H. Van Schaick was today found guilty of
criminal negligence In falling to have fire
drills on the steamer* Gen. Slocum. which
he commanded in June. ltXM. when that
steamer burned, with the loss of over 1.000
lives.
He was Immediately sentenced to ten
years' Imprisonment by Judge Thomas of
the United States district court.
The jury disagreed as to two other count?,
in which he was charged with criminal
negligence by the employment of life pre
servers of poor quality on the steamer.
The ten-year sentence Is the full extent
of the term of Imprisonment provided by
the federal statutes as the punishment for
the offense with which Capt. Van Schalck
whs charged. Immediately after sentence
was passed Capt. Van Schaick's counsel
was granted thirty days in which to pre
pare papers neceSsAry to appeal the case
and ball for the prisoner was fixed at
$10,000.
Judge's Charge to the Jury.
In his charge to the jtify Judge Thomas
said that the . vessel should have had a
disciplined crew on board, as provided t>y
law. If fho aceusefl man eVafled these du
ties, he was, tl>e court instructed, plainly
responsible under the law.
In regard to the life ? preservers, upon
which two of the counts In the charge were
based. Judge Thofnas said that the captain
should know that they.were ill a reasonably
fair condition. He charged the jury that
e\en though tlie.^uverniDSiil. through I he
inspectors, had been derelict in its duties
that fact Injio.way excused 'he captain.
The con\lction of Capt. Van Schalck was
the first resulting from prosecution of per
sons indicted on account of the Slocum dis
aster. ' ????*
The Gen. Slocum was owned by the
Knickerbocker Steamship Udmpany.
1,000 Victims of Disaster.
In June, JWQ4,. she took a Sunday school
excursion from St. Mark's Lutheran Church
up Long Island sound. The boat caught
fire near Hell Gi^Je, and aboyt 1.000 lives
were lost.
Late today "United States Marshal Hen
kel took Capt. Van Schaick ti^the Tombs,
where he wks'lOcked Hip. 'the" friends on
whom the captain hftd 4f?ended to give
bail, havihg leYt the city temporarily.
The capfain.,.who is. au t>l<f man. was
| quite cheerful" up to the time the news was
borken to him. that the bail could not be
arranged for today.
When he wa? told that he would have to
go to the Tombs, his whole demeanor
changed, and he strewed pIXIAly that his
commitment was a most disheartening
blow. ;i j ? - -
Ejjcorted to the Tombs.
Marshal' flenter *t?soorfe'3 him to the
Tombs Unperson and tried t? cheer the old
man upi Just as they were leaving Capt.
Van SchaiCk turned to the newspaper men
and said:
"Boys, I was the victim of circumstances.
I tried to do my duty as I saw it. I think
my sentence was pretty harsh for an old
man, but I have no fault or criticism to
make."
He also expressed the belief that great
hope lay for.him in ;the^?pp?f?l and that it
would ultimately result in an acquittal for
him. ??*????
Capt. Van Schaick had seen over forty
years of service in steamboat work on the
Hudson and the wat^r^ gjxjut New York.
GEN.WHEELER'S BURIAL
INTERMENT AT ARLINGTON
MONDAY AFTERNOON.
The official list of pallbearers for the fun
eral of Gen. Joseph Wheeler was announced
last night by Maj. William IX Beach of
the general staff of the army, who will
have charge of the obsequies here, repre
senting both the family of the do.-eased
and the War Department. According to
military rules, the honorary pallbearers
must be officers holding rarric us near as
possible to that held by Gen. Wheeler.
Those selected are: Geri. Adna R. Chaffee,
Gen. Bates, <;lilef of staff: Gen. Ran
dolph, Gen. Hawkins, commandant of the
Soldiers' Home, and Gen. John M. Wilson.
It having been reported that services
would be held at St. John's Episcopal
Church, 16th and H streets northwest,
Monday afternoon, before th-e remains were
conveyed to Arlington,' a Star reporter
asked Maj. Beach abou^. the matter last
night.
"The arrangements as published In The
Evening Star yesterday are correct." re
plied the major. "There will be no services
in St. John's Church here. That has been
agreed upon by Capt. Wheeler and myself.
After the remains have lain in state in the
sanctuary of the church from 10 o'clock
in the forenoon Monday until 2 o'clock in
the afternoon, they will be escorted to Ar
lington, where the final services will be
held at the grave With ftffl military hon
ors. The idea of having two services In
churches is an unheard Of one. There must
be some mistake about the announcement
that another service other than that In St.
Thomas' Church. New York, and that at
the grave win be held.'
Rev. Roland Cotton Smith, rector of St.
John's Church, when asked by a Star re
porter last night about the report, said his
Information was that there would not be
any services held In his church. If such
services were to be held, he believed he
would have been consulted, or at least In
formed of the intention.
Location of Grave.
The site selected at Arlington as the last
resting place for the great cavalry leader of
the confederacy and later of the Spanish
American war. Is said to be one of the pret
tiest and most romantic spots In the great
city of the dead American soldiers, with
"their green tents opening upward." It
was selected yesterday by Gen. Wheeler's
daughter, Mrs. Harris, who was accom
panied to Arlington by Major William D.
Beach. The site Is immediately beneath a
stately tree In front.of the Lee mansion. It
is In line with the Sheridan monument,
which marks the final bivouac of another
great cavalry leader of the civil war. There
are no monuments in the immediate vicin
ity, however, and from the grave of Wheel
er can be seen Washington in the distance
like a pretty picture.
Orders were issued from the War Depart
ment yesterday afternoon detailing the cav
alry, infantry and artillery that is to act as
an escort for the remains.
General orders were also issued last night
by Commander John Lewis Smith of the
District department of United Spanish War
Veterans calling a meeting of ail members
at 3:30 o'clock this afternoon at headquar
ters. 719 nth street.northwest, for the pur
pose of arranging an escort for the funeral
of Gen. Wheeler and to take other necessary
steps in the matter, as Gen. Wheeler was an
honored comrade of the organization.
Confederate Vetarer*
Capt. John T. Callaghan, pifilfeat mt the
? ?. ' -
Confederate Vet?rl!na Assoclatlot'ol^^Vis^^
tngton. last night Issued (i gtalenur.;
the effect that the members of that society
will awcmWe ?t St. John's Church- !'?': u,|,l
li streets northwest, at 1:30 o'clock pm. t
pay their respects to fheir deceased and
distinguished comrade. hut. owing to the
infirmities of the former soldiers in gray
and the distance to Arlington they will not
attempt to march there They ar- <?*!>?? ted
to wear their otfi. ial badge*, and v:-~lt 1 '??e
ex-confedefates will be welcomed.
It Is Bald President Rooaevelt will \ lew
the remains of his old commanding officer
of the war with Spain at St John'-. Chutch
but he will not go to Arlington.
It was remarked last night by a former
army officer as a colncldmce that within i
comparatively short space of tlm? t*
great cavalry leaders of the confederal
Gen. Fitzhugh Lee and Gen Wheeler b>>i
of whom played prominent parts In the w >"
with Spain. died while away from th? :t
homes and were burled after lying In stat
at St. John's Church, in this city.
CAUSED BY CROSSED WIRES
Fire Damages Y. M. C. A. Building
to Amount of $100.
Tl*> Boys" I>epartment of the Y. M C. A.
was visited by a small tire late last cven"g.
In which about Hon damage resulted l w
el? ctrlc wires running into the gymnasium
of the old building, now used as Ihe boys
department, were crossed ami the wood
work In the gymnasium took lire. It wa?
discovered by one of the watchmen In t'???
building and he gave the alarm throng',
the structure, and an alarm wag turned lit
from box .'52. When the engln? companlt -
reached the scene It was found that onl?
the chemical engine was needed to extin
guish the blaze. No one was Injured.
AFTER McGARREN'S WEALTH
Woman, Who Claims to Be His Wid
ow, Takes Action.
NEW YORK. January 27.- Mrs Hester
MeGarren. who claims to be the widow of
Alexander MeGarren. who died June
11MX), leaving in estate worth $U7r>,<*W. today
began proceedings In the supreme court t.?
have the judgment obtained by Mr. M'-Gsi
ren on April 1, 11*12. annulling their mar
riage set aside and the marriage declan I
valid.
She declares that fhe was never served
with the summons, and also that the su
preme court of this state In granting the
decree violated article four, section one of
the Constitution of the United States In
that the decree of divorce obtained h> her
former husliand. Henry Shuhlein. in the
state of Kentucky was a valid decree. Mr.
MeGarren had his marriage to Mrs. M;
Garren annulled because of the alleged Ille
gality of Shuhleln's decree, claiming si...
had a legal husband living at the time of
her marriage to him.
Counsel for Mrs. MeGarren today ob
tained from Justice Gildersleeve an order
returnable on Friday next directing 1h>- ad
ministrator of Mr. MeGarren's estate to
show cause why the decree annulling her
marriage to the decedent should not va
cated and her marriage held good.
An affidavit was submitted In which Mrs.
MeGarren sets forth that she is sixty-eight
years old and that she was married to Me
Garren In Covington. K.v . October 1, Ivih,
by County Court Judge Shine of Louisville
Her marriage to Shuhlein took place, she
stated. In Jersey City when she was about
nineteen years of age She claims that
she was urged by MeGarren to allow Shuh
lein to get a divorce on grounds of deser
tion and did so.
GIFT TO SMITHSONIAN.
Annapolis Man Presented Institution
With Valuable Chinese Flora.
.Special Dispatch to The Star.
ANNAPOLIS, January 27. I.leu" it. i .
SI.card, IT. S. M. C.. has been detailed pr ?
vost marshal of the court-martial In pin
of Lieut. C. Ant rum, I'. S. M. C.. relieve i
Dr. Stephen P. Barchet. a former resi
dent of this section, but who has spe:r
many years of his life as a medical nn
sionary to China, left Annapolis today, .w t
wil' return to the IlelU of his former worn
Dr. Barchet has presented to the Smith
sonian Institute. Washington. his tine
collection of the flora of China. consistin<
of over 7no mounted and labeled spei imem
and many others not yet so arranged. ??the
members of Dr. Barchet's family are en
gaged in the missionary work In China, an i
one .son. Mr. George Barchet. lives in
neighborhoop of St. Margarets, this county
The funeral of Mrs. Amelia Owen igl- -
hart, who died here Friday evening, win
take place Monday from St. Anne's Church
the Rev. J. P. McCornas officiating
Lieut. J. T. Tompkins, who for some tlm"
has been doing duty at the Naval Academy
as an assistant in the deartment of me
chanics, has received orders to proceed
to the Asiatic station for duty as .ild on
the staff of Rear Admiral Dayton, coir
insnder-in-chief of the Philippine squadron
The officers of the Naval Academy guv ?
a hop tonight In the armory. The midship
men's hop scheduled for February lO will
be held February ,'l Instead. On February
lo there will be Instead of the liop the u
ual ceremonies attendant upon the burtai
of "math." and "skinny," which this year
will be a trial by court-martial of tho
two difficult studies.
MRS. WADE DEAD.
Daughter of an Officer of the War
of 1812.
Hpfcltl Dlaptach to The Star.
BOYDS, Md.. January 27.?Mrs Harriet
Wade, who died In Washington at lols I(
street, where she had been residing with
her daughter lately, was the widow of
James Perry Wade and daughter of the late
Col. Jacob Nicholas of Montgomery county.
who fought in the war of 1,812. One daugh
ter. Mollie, resident of Washington and a
son, Wallace, at Granite, Baltimore county,
survive her. Her remains will be brought to
Barnesville for interment. She was a native
of Montgomery county, and formerly r. -
sided in Barnesville.
Celebrating the Kaiser's Birthday.
Baron Speck von Sternburg, the German
ambassador in this country, last night ga\a
a dinner to the members of the embassy
and several distinguished German residents
to celebrate the birthday of the German
empwor.
Will Oppose Philippine Bill.
Walter A. Schiffer, a New York cigar
manufacturer, and several others Interested
In the tobacco business In the United
States, appeared before the Senate Commit
tee on the Philippines yesterday and oppos
ed the Philippine tariff bill. Other tobacco
men will be heard tomorrow. Among llieg-i
will be a large delegation representing t! ?
York county. Pa., tobacco growers, whl.-li
will indorse the protest made today by
Lancaster county. Pa., tobacco men against
the passage of the bill.
Virginia Senators Arraigned.
RICHMOND, Va , January 27 -Senator
Camm Patteson will, on Monday next, pre
sent two resolutions In the state senate de
manding why the two federal senators from
Virginia, Messrs Daniel and Martin, have
not followed the mandate of the general
assembly and Introduced and supported an
amendment to the federal Constitution look
ing to the election of United States senators
j by the people.
Yacht Club Smoker.
A smoker for members and guests was
given under the auspices of the Capital
Yacht Club last night at the club house,
foot of 7th street southwest. A largo
company was entertained by a musical pro
gram and by talks by members on yachting
and other aquatic subjects. Muel/ enthu
siasm was manifest among the members
over the bright prospects for yachting dur
ing the coming season.
The event last night was one of a num
ber ot winter entertainments held when
the weather conditions do not permit oil
actual yachting.
W. J. Odell. a Cincinnati broker, was per-1
petua:!r enjoined from Interfering wit*
>*',000 realist 0 <":?om the sale of the New
York stock exchange feat of Holxman A
Cm. and ordered to withdraw his suit In
1*tlH Is New Y< rVu

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