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THE EVENING STAB WITH SUNDAY MORNING EDITION. , Offices UtkSt art Tie Eraiag SUr Nnriptpw Ooaftaj, hn^ui Office: t Eefent St., Loaded. Eaflud. Stv York Office; Tribune Buildln*. Ohicaco Office: Fir?t Xational Beak Suildiif. Tl?<- K??*n!nc StHr. with the Sunday nieratng Mtlflon. I? d*IlTer??d by carrier* wltfclo the city ?t .V) cent* per Orders ma* be ???nt by m?|] ..r tfVpbnti' Matr 2440. Collar t Ion is made bj carrier a' th<" pd'J of c??-b inontk. By mail, poetasr* prepaid* Deil*. Sunday Included. one month. flo Billy. .Vii.<iar . xi-eptM. oe? month. oO oratn. t?rd?y Star, fl year- Sunday Star. |l.r>Oyr?r. Weather. I-air and continued cool to night and Tuesday, with mod erate northerly winds. No. 17,829. WASHINGTON, D. C., MONDAY, JULY 19, 1909-SIXTEEN PAGES. TWO CENTS. LATHAM FAILS TO FLY OVER CHANNEL Motor Slows Down When He Is Half Way Across, With Everything Favorable. SO HIS CANVAS BIRD FALLS INTO THE WATER But Daring Aviator Doesn't Even Get His Feet Wet. - * PICKED UP BY TORPEDO BOAT ; Tells Frantic Throngs at Calais j He Is Not Discouraged and Will Try Again?Machine Not Badly Damaged. j ?"ALUS. July 19.?Herbert Latham, the. fivni'h aviator, nwdi a during but un -ticoes*fu] attempt to cross the English t'hannfl in hts monoplane this morning. Hs got i?ay splendidly tinder perfect condition.- rrum the top of the chalk lifi" at Sangatte, and had covered over half tbo distance n.t an average height ! of ?>?? when the motor slowed down and he was obliged to descend. The air spare of the v fngs, however, kept the machine afloat, and the monoplane, tying ?ike a wounded bird, was stretched out <?n ?ho water when the rYench torpedo lx?at destroyer Ilarpon. which Lad kept abreast throughout the journey, came alongside and picked up the aviator. M. Latham wan not wet. and still sat on the saddle, which is located above the ?inc.s and behind the motor, calmly v-mr-klnrr a .Ig^rctte. He immediately un .iiuiKed that he w^u? not discouraged by j the failure and would try again as toon a> the machine was repaired. The in juries to the monoplane were slight, tho principal damage being caused when it ^?as hauled aboard the torpedo-boat de stroyer. The motor is intact. Spectators Keyed Up. The watchers on both shores had an anxious hour alter the machine was lost ?o view behind a tlijn veil of fog on the 1" rencto side, and apprehension was not al layed until the semaphore at Calais re ported that the Harpon was returning "Ith M. Latham, uninjured, aboard. On ?Hiding the aeronaut was given a fran rlr- reception. The failure of the motor is attributed to 1 a bad carburetor on the monoplane, which f w hen *im feet In the air began to descend. I AVhen the machine was 200 feet abovo the water M. Latham Phut off the power and the machine glided down gently, alighting ?'ii the wave? with hardly a splash. In a brief Interview Mr. Latham said: T cannot exactly say what stopped the motoi. I tried to get the engine working a^aln. but could not. and was obliged to fl> gradually down to the sea. I be lieve- that previous to the inlshap I main tained an even flight 40f> feet abovo the water. It was unfortunate that the mo tor stopped, as everything else was fa vorable and I was going well at the time. Never mind. T will have another Antoi nette monoplane from Charlone, with which anotfcer attempt will be made to cross the channel within a week or ten days." M. l.at ha.i.1 left Colois for Parip this afternoon. Everything Was Favorable. Anticipating an early start this morn ing. JI Latham slept in a shed of the old tunnel works at the foot of the cliff where the monoplane was housed, while M. Le bevasseur and the constructor Of the ma chine. who wa? to give the signal when file start was to be made, slept on board th?- torpedo boat destroyer Harpon, off ' 'ape Grls-Nez. At the first streak of dawn M. Latham ame out of the shed, clapping his hands V- Ith joy at the eight o> the .smooth sea. The sky was overcast, but the wind was hardly perceptible. A few minutes later h gun fired on the Harpon confirmed the daring aeroplanist's opinion that condi tions were right, and an automobile was dispatched to Calais to apprise the au thorities that a start would be made be tween 6 and 7 o'clock. Great Crowd Watches Start. tt'hil* the monoplane was taken out ?ud pushed to the top of the cliff a crowd of several thousand persons assembled to witness the start and the entire popula tion of the neighboring villages lined the -shore below. Lstham was in high spirits as lie carefully inspected every part of ? He machine, and on making several trials with the eight-cylinder motor found the machine presumaMy perfcct. There was 2 wait of an hour until the torpedo boats end tugs, strung out in a line toward the nortzon, took up their positions. Flnallv *11 was in readiness and the monoplane was pushed back -Jtm yards from the ere?t If ha* a Precipitous fall of 200 feet to the sea. Litham was clad in a knuJtfrbor ker suit and had donned a. life pr*8*rvf*r. He showed no 8tgn? of nervousness as he shook hands with his friends on mounting the saddle. "Start the motor' he cried to his assistant*, and then with a nod of his head and the words Pee you in Dover" threw the starting Jut ?*,(hlnp gunning along the ground with Increased momentum at every turn. Departs Amid Cheers. Just before reaching the edge of the cliff the aeronaut touched the horizontal lever and the machine, with its white out stretched wings, rose gracefully and sailed over the shining waters amid a roar of cheers from the cliff and shores. The monoplane after leaving the cliff as cended gradually until it probably was ::0o feet aixtve the sea. Then straight as an arrow It continued its flight toward the Kyglish coast, apparently under per fect tAntrol. at a rate of about thirty-five miles an hour. The black-hulled de ?tro>er Harpon kept almost under her aerial <ornt?anlon. and a* the rnd of tif iten minutes both disappeared hi th?> on tb?- horizon. When .-.een the monnpiaii'" was on!\ a Hrlllijint speck on the horizon, with h ? ail of blue ~mudge from the motor. The Harpon * hetow the horlron. Throngs Simply Go Wild. The douka and streets alone the water front were black with i#eople when the torpedo boat destroyer entered th** harbor at 9:.?.o with MM. Latham and Lebe vasseur aboard. The daring aviator re ceived a tremendous ovation, and on land ing It was with difficulty that he mad** his way through the cheering throngs. | Dozens of times he was compelled to klss | girls who threw their arms about his neck. OFFICIAL TRIALS SOON. i Saturday's Flight Most Satisfactory j to the Wright Brothers. 1 TV.e Indications are that the official ] trials of the Wright aeroplane will be' held at Fort Myer lnte this week or early next week. Tlie flight Saturday was sat- I isfactory, and when the bearings of the er.aine and transmission gear are worked | down a little more the machine will be \ all ready for the government tests. The course for the speed trial toward ? Alexandria lias been laid out and the j telegraph wires strung, so that it but remains to cut in an instrument at the end of the course. Orville Wright, who' is to make the cross-country flight, is ; not to carry any Instrument to determine his height and the evenness of the course up hill and down dale through the air. : In speaking of that phase of the matter. he said that after one had been flying for a while it was easy enough to judge whether a course was holding level or j not. There was no use, he said, in put-; tinK a plumb line on the machine, as it t wa# d'sturbed by the wavering of the ? machine and was curiously misleading ? If the wind is favorable this evening there probably will be a flight between > r> and 7. There was a slight accident Saturday evening. The hinged rod to which the weight rope Is attached was broken on the second start, but this was , repaired this mornlnc and will not In tel fere in any way with the fllpht this; afternoon. If there is a chance for one. j TRAIN RUNS UNDER HUDSON OFFICIAL OPENING OF THE NEW TUNNEL. Jersey City Brought Within Three Minutes of Broadway?Enthu siasm Over the Event. Special Dispatch t* Star. I NEW YORK, July 10? Jersey City is now "three minutes from Broadway." Two cities this morning celebrated the passage of the official train through the new Hud son tunnel to Jersey. The sigifal was given by Miss Harriet Floyd McAdoo, daughter of the president of the Hudson and Manhattan Railroad Company. Tugs and steam vessels of all classes screeched themselves hoarse and the echoes came back long after from the hills up the solemn Hudson. On either shore locomotive whistles shrieked, bells rang and an eager and enthusiastic pop ulace of two commonwealths now more clo&ely united joined in the thanksgiving. Twenty bombs were successively explod ed above the station train shed. On reach Ing Jersey City the guests In the train from New York were taken in automo biles to the city hall, where speeches were made. AH the public buildings in both cities and many of the downtown stores were decorated in honor of the event. Wlliiam G. McAdoo and Charles M. Jacobs, president and chief engineer of the Hudson and Manhattan Railroad Com panv, accompanied the party on the flrst train. Vice President Sherman and Secre tary of War Dickinson, who it was hoped might be present at the ceremonies, sent their regrets to Mayor Wlttpen. The guests Included the Governor of New Jersey. Acting Mayor Patrick F. Mc Gowan of New York. Attorney General Edward R. O'Malley of New York state and James W. Wadsworth, speaker of the New York assembly. Two new tubes of the Hudson and Manhattan tunnel system were opened to traffic today, these being from the Church street terminal in New York to the Penn sylvania railroad station in Jersey City. Two weeks from today it is planned to complete this system by opening the transverse tunnel connecting the terminal of the river tunnel at the Pennsylvania station with the Erie and Lackawanna stations. The extension of the New York uptown pair of tubes from 23d street to the Grand Central station is promised in two or three years. When these uptown extensions are fin ished it is estimated that the total coat of the system will lie $70,000,000. It Is figured that the traffic of the new tun nels from the first will be 100,000,000 pas sengers a year. The capacity of the sys ! tem of eight-ear trains, operated at. mln ute-and-a-half Intervals, will be 220,000, 000 per year, ? ?? SOUVENIRS TO GLIDDENITES. Auto Tourists Pass Over Stage of St. Paul Auditorium. MINNEAPOLIS. July 19.?Dan F. Lewis. Glldden tour pathfinder, left Min neapolis at 6 o'clock this morning on the second stage of the 1900 tour. Chairman Frank B. Hower followed at 7:30 a.m., and the flrst of the contesting cars was away at 8 o'clock, followed at Intervals by the other contestants. The Gliddenites will run today to Man liato, a distance of 132 miles, and Lewis said he expected to make the distance in six hours and a half Repairs on the St. Paul high bridge necessitated a minor change in the pro gram, and the tourists left St. Paul on ! the Wabash Street bridge. In St. Paul the cars passed over the stage of the Auditorium, and the drivers were present- ; ed with souvenirs of their visit to the city. The tourists will lunch in Owa t0Wltii one-third of their trip completed, the cars have made a remarkable record, and officials said that at least one-halt of the carn would reach Denver with per fect records. Of those In the Glldden con 1 test onlv two have been handicapped with I penalties. The tourists look for good ' roads on the tlrst part of their trip to Denver, but expect to encounter had roads farther west. CRASHES INTO LIGHTHOUSE. British Steamer Has Series of Mis haps in Delaware River. PHILADELPHIA. July 10.?The British steamer Ralthmoor. from Lulea. Sweden for this port, collided last night with the lighthouse being built in the I>elaware river. nea?- Newcastle, Del., demolishing the structure. Tb? steumer also crashed i Into a pile driver and scow which were i being used In the building of the light house. capelKing the former and sink ing the latter. A watchman who was ' stationed at the lighthouse was thrown Into tl>e river, but was rescued by the Ralthmoor. The steamer, which suffered little damage in the collision, arrived at Marcus Hook, fifteen miles south of here. earlv today. Veteran Nashville Banker Dies. ! XASHYILLE, Tenn.. July 19.?Samuel Keith, for th<* paM twenty-seven iyear* president of ?he Fourth National Bank of this city, died of heart trouble yesterday afternoon at hi^ summer home at Ridgetop. near hero. Mr. Keith | was seventy-nine years old. THE EARLY BIRD. RM IS CUT IH m Conferees Accept Senate's Corporation Tax. ? ? . ' I ? MANY CHANGES ARE MADE ? Provision Redrafted by the At torney General. EXPLAINS THE ALTERATIONS House Inheritance Tax to Be Drop ped?Mr. Cullom Thinks Commit tee Will Finish This Week. At its forenoon session today the con ference committee of the two Houses on the tariff bill agreed to accept the Sen ate's corporation tax amendment, but the agreement was not reached until after the provision had been redrafted by the Attorney General and many changes had been made. The most important of the changes ?was the reduction of the tax from 2 per cent on the net. earnings of corpora tions to 1 per cent. Attorney General Wlckersham appeared before the com mittee toward the close of the forenoon sitting and explained all the new pro visions at length, apparently to the satisfaction of all the conferees, who lost little time in signifying their ac ceptance Qf the provision after hearing his stateWfcnt concerning it. It appeared that much difficulty had been found in the matter of the exemp tion of the earnings of such corporations as all felt should be excepted, but there wad a general feeling that the new draft had accomplished as much as language could accomplish in that direction. The corporation tax amendment will take the place of the House provision for an inheritance tax, which, according to [today's agreement, will go out of the bill. May Finish This Week. Senator Cullom, who is one of the con ferees on the tariff bill in behall' of the Senate, today expressed confidence in the ability of the conferees to finish their labors before the end of the present week. "There is really very little left to do," said the senator, "and as matters now look there is no reason in the world why we should not get through with the bill by Thursday *?r Friday. Both the Senate and House members of the conference are hopeful as to the outlook, and as all arc working harmoniously toward the early conclusion, there is every reason to believe that the labor will be finished ivlthln the next few days." Mr. Cullom's Attitude. Hetore leaving, Mr. Cullom left instruc tions with Senator Aldrich to cast his | vote in favor of free hides, for the Senate duty on gloves and hosiery, for free coal | or for a reciprocity arrangement, and for the Senate provision for a countervailing duty on petroleum. "If we can't get free coal." he said, "I am willing to have reciprocity in coal, which would give us a proper arrange ment with Canada. I should like to have a duty on crude oil, as my state is very much interested in the oil industry." Tampa Saloonkeeper Assassinated. TAMPA. Fla.. July 19 ?Alfredo Alve rez, proprietor of a West Tampa saloon, was assassinated at an early hour yes terday morning, Just as he was entering the gat* of his home by an unknown person who made his escape. Near the scene or the crime was found a single barrel shotgun marked H. V. K. One peculiar feature of the murder is that Ah'erez is the nun from whom it is said ?-he.-k for $100 wa#< obtained which fi?.jr?si in the alleged offer to pay State Witness Bunnudez in the Castegne-Fi .cearratta murder case, to leave the city. PROPOSE AN EARLY START DEMOCRATS GETTING READY FOR THE NEXT CAMPAIGN. Congressional Committee Will Meet Tonight for Reorganization for Coming Contest. A call haa been Issued for a meeting of the democratic congressional cam paign committee tonight tor reorganiza tion. It Is expected that Representative Lloyd of Missouri, "will be re-elected chalman and Representative Dickson of Indiana will be made secretary. It Is the intention of the democrats of the House to put the committee immedi ately on a "war basis for the next con gressional campaign, and begin prelimi nary work. Tariff revision and economy In government expenditures will be the Issues upon which the campaign for the next House of Representatives will be made 1>y the democrats. It i? the intention of the democratic managers to make Indiana. Illinois, Ohio and the middle and eastern states the bat tleground of the campaign. It is unusual for the campaign committees to begin work so far ahead, but the democrats teel that they should take advantage of the situation raised by the tariff legisla tion and strike while they think the iron is hot. They believe the country is dis satisfied over the legislation, and they propose to Increase that dissatisfaction if possible. BCfLIVXA MAKES AMENDS. Gives Full Satisfaction Demanded by Argentina. The Argentine minister has received the following table dispatch from his government: "Great excitement having been produced in Bolivia against th? arbitral award, at tacks being made aealnst the Argentine legation and consulates and other of fenses committed against Argentina, the Argentine government a>ked for full sat isfaction, which was given yesterday by the government of Bolivia in ample terms, which have been accepted." CHIP OF THE OLD BLOCK. Kermit a Reckless Chap, Says His Ditto Daddy. Col. Roosevelt, to judge from a letter received from him by a friend In this city, is having quite as successful and Interesting trip as he anticipated. This letter was dated Nairobi, In Africa, and among its striking passages was one re ferring to Kermit Roosevelt's hunting Kermit, it seems, shows more enthu siasm than caution In the pursuit of Afri can big game. Some of his encounters have been of a nature to excite remarks from lita fathe-, and it Is inferred that they must have been little short of reck less to have been considered out of the ordinary by so competent an authority as the former President. Though enjoying his stay in Africa, Col. Roosevelt apparently has a touch of nostalgia now and then. His corespond ent was enjoined to write and "give the news." Noted Southern Writer Dead. LITTL.E ROCK. Ark., July la?Mrs. Susan Pierce Stephens, known to tho literary world as Sheppard Stevons, a well known writer, daughter of the late Bishop Henry Niles Pierce, of the P. E. diocese of Arkansas, is dead here as the result of an operation for appendicitis. She wrote "I Am King." "The Sword of Justice," "The Eagle's Talons" and "The Sign of Triumph." Proposed Memorial to the Indian. The proposition of Rodman Wana maker for the erection on the island in New York harbor on which stands old Fort Lafayette of a heroic statue of an ; Indian as a lasting memorial of a fast i vanishing race is now betore President ? Taft and mav ho submitrcii to Congress for action. The old fort has been dis mantled. It *as last used as a nine. Mr. Wanamaker has received a letter from TJfut. G^n. Nelson A. Miles, retired, heartily indorain* the propor tion, TO KEEP UP VALUES Problem Connected With Pro posed Bond Authorization. FOR CONGRESS TO DECIDE Readjustment of Tax on Circulation Suggested. WOULD AVERT DEPRECIATION Feared That a Considerable Issue of Three Per Cents Might Send Twos Even Below Far. I How lo protect from serious deprecia tion outstanding United States bonds is | the Intricate problem which confronts ' Congress in connection with the authori i za-tion of a new issue, and it is thought | that its solution can L>e effected only | through some equitable adjustment of the ! the tax on circulation. According to present plans the Secretary of the Treas ury will be authorized to Issue from time to time additional Panama canal bonds up to *290,nt?.<m bearing not to exceed 3 per cent interest. The government's interest-bearing debt 1 at this time aggregates, approximately, ; $?13,000,000. of which nearly $731,000,000 | is in 2 per cent bonds. ! Of this total the national banks of the country have on deposit in th?? Treasury as security for circulation about $630,000, 000. Four-fifths of the entire national debt, therefore, is in these two <1 a sees or 2 per cent bonds. Under existing laws national bank notes when secured by 2 *>er cent bonds are subject to a tax of one*half of 1 per cent per annum, while circulation based on bonds bearing a higher rate or interest pays 3 tax of 1 per cent. Depreciation in Bonds. It has been estimated that at the pres ent marktt ?>rice of both 2 per cent con sols and Panamas ithere already has been on the whole amount outstanding a de preciation from the price at which the government sold them to the public oi about $18,000,000, and it is believed in some quarters that to issue any consid erable portion of 3s, which it is proposed to authorize, with circulation privileges not materially inferior to those accorded the 2s, probably would result In the fur ther depreciation of the latter, which might reach a point even below par. thus impairing he public credit. There are, roundly speaking, $04,000,000 in 3 per cent bonds and approximately $118,000,000 in 4s now outstanding. The latter, however, are mostly held for in vestment and are little used as a basis for circulation and therefore need not be the subject of any special concern in this connection. The 3s, however, to the amount of $13,837,820, are on deposit in the Treasury to secure national bank circulation, and any increase or decrease in the circulation privileges accorded any class of bonds would have an important bearing on their market value. Problem Before Congress. The question, therefore, before Con gress is how not to discredit the 2 and 3 per cent bonds now up for circula tion and at the same time make the proposed issue of 3 per cents attractive to investors. A number of suggestions of possible solution? of the problem are known to be under consideration. One of them Is to reduce the circulation tax on 2 per cents to something below ? be half per cent now collected under the existing law. Another proposition to decrease the rate on 2s with or without increasing the rite on 3s. and-still another is to s increase the tax on j's, allowing the rate on 2? to remain as at present. It I? argued that the government could well afford to reduce the tax on circulation in vlow of the fact that tlio records of the Treasury Department show that the banks have paid into the Treasury in taxes since the begin rflng of the national banking system about JlftO.OCMXHt in excess of the cost of the operation of the currency bureau. Another proposition advanced Is to withhold from bonds of the proposed issue all circulation privileges, and still another suggestion is that the law levying a tax on bond-secured circula tion be wholly repealed. It is not be lieved, however, that these last two suggestions tvill be taken into serious consideration. BARON mm IS PLEASED SURPRISED AT PUBLIC INTER EST TAKEN IN HIS TRIP. Doesn't Know Whether or Not He Will Return to This Country as Ambassador. "It is a pleasurable surprise to not* so much friendly interest taken here in my contemplated trip to Japan, as shown by the correspondence and tele grams published lately in the news papers." said Japanese Ambassador ; Takahira today, in referring to pub lished statements that he was not likely : to return to this country in his present : capacity. "I cannot hut feel matlfled that th? great admiration I have for this coun j try and Its people ie so well recipro cated." he continued. "T must not allow this opportunity to pass without ex pressing my high appreciation ot* 3u<-b friendly sentiment. i "Tn regard to my future movements, i particularly as to whether T shall re turn here or not. I do not desire to al low my speculation to mislead the pub lic. I wish to say once for all that nothing will be decided on or any steps taken in this respect until my arrival tn Japan. "Personally, it is my intention to come back here in the fall." If Congress adjourns in time the am bassador expects to sail from Seattle for Yokohama August 17. taking occa sion to view the exposition now In progress at Seattle. PLUNGED INTO A CELLAR. Five of Forty Berlously Hurt in Collapse of Bronx Porch. NEW YORK. July 19.-~Forty persons ol a crowd of 280 or more, who had soughi refuge from a sudden shower on th? porch of An old mansion In Claremonl Tark, the Bronx, were Injured last nlghl when the overtaxed supports gave was beneath their we!?rht and plunged then; into the cellar fifteen feet below. Five o( the injured are seriously hurt, and it 1< feared that two of them, Mlsf Minnie Weiserberger and Miss Lena Sil ver, may die. ROSENBERG MURDER CASE. Samuel Frishe Refuses to Plead When Arraigned at Port Huron. j PORT HURON, Mich., July 19?Samuel i Frlsbie of Cleveland was arraigned In Justice court here today and refused tc plead to a charge of murder as a result of the killing of Doulfi Rosenberg of Cleveland at the 3t. Clair flats last Wednesday night. Justice Benedict en tered a plea of not guilty and denied Frlsble ball. Rosenl>erg was murdered near ihe Joe Bodore resort, and Frisbie claims that Frank Elbera of Cleveland, who commit ted suicide when he found arrest was im minent, did the killing. Frisbie. how ever, admitted being present. Killed Himself Inhaling Gas. ST. T-Oris, July 19.-Samuel 8. Spell man, whose wife is a millinery store pro prietor in Cleveland, killed himself by in haling gas here today because he did not have money to give to a grandchild. Spellman hafl changed his name from Speehnan. His brother Jacob was for merly mayor of Fall River, Mass., and another brother, Manuel, is a wholesale i liquor dealer in New York city. Killed Scoffer With Base Ball Bat. SEI^MA. Ala- July 19.?At Maasilon, near Selma, during a ball game, a young white man named Kendrleks struck out. Will Whitely, a negro spec tator, made a scoffing remark on the play ing of Kendricks, who walked to where the negro stood and striking him on the head with a base ball bat, killed him instantly. Murderer Mantes Second Getaway. MAUCH CHUNK. Pa.. July 19?Martin Deskouski of Lansford. near here, known as "Big Martin," under sentence of death for murder, escaped today from the Car bon county jail here. Leskouslcl escaped two years ago and was captured last spring at Butte, Mont., where he abused his wife to such an extent that her sis ter informed the Carbon county authori ties of his whereabouts. Fugitive Caught After a Long Chase RAN FRANCISCO. Cal., July 19.-Aftei bring puisued from ocean to ocean, Pres ton Dabaw, wanted by the New York police on charges of forgery. Is In the city prison here. He will be taken east by Detective Fitzsimmone of New York, who, working in conjunction with the police of this city and Dos Angelee.' caused his arrest. Widow of War Governor Dies. TTTSCA1.,006A. Ala.. July 19.?Mrs. Susan II. Pettus died ?uddenl\ here at the age of eighty-three. Mrs. Pettus was the widow of J. J. Pettus, war gov ernor of Mississippi. Breaks Down Undet Stress of Work. Assistant Secretary Wilson of the State Department has broken down under the combined stress of work and weather and lias been unable to leave his house since Friday last. His ailment is reported to be yielding to treatment and rest. It is expected he will be able to resume his duties at the department the latter part l of the week. In the absence of Secre tary Knox and Assistant Secretary Wil son, Mr. Adee, the second asfrfetant, if temporarily in charge ot the business ot i the State Department. FUSS WITH SUTTON TOLD OF BY ADAMS 1 I Resented Being CaHed "Cow ard" by Fellow-Officer Who 1 Was Afterward Slain. COURT MARTIAL OPENS WITH PUBLIC HEARINGS Mrs. Sutton and Her Daughter Al | lowed to Be Present at All Tinea | * SUBPOENA FOB FRANK FOGG Washington Man Wanted to Tell of Letter?Boelker Also Summon ed Before Inquiry. ANNAPOLIS. July 19.?The court of In quiry. which Is to take testimony r??g*rd | tn*r the death of Ueut. JamfR N. Sutton of i the Marine Corps, who was mysteriously j Phot on the ground* of the marine bar i racks the night of October 12. 1007. con vened this morning. j. It was found that the tiny <ourt-mar | tial room at the tittle two-story admin - istratlor. building was too restricted even to hold the principals. Commander John Hood, commandant of the navy yard and ! presiding officer of the court of inquiry, ! ordered that court be transferred to the ' assembly rooms in the auditorium build ing. Courtroom Fills Up. The first to arrive In the courtroom at 10 o'clock this morning were the three officers constltoting the court of inquiry. Commander Hood and Lieut. II. M. Jen son of the navy and Wendell O. Seville of the Marine Corps. They and the otner naval officers present were dressed in tho white service uniform In order at the academy during the hot weather. Lleuts. Robert E. Adams and E. A. Osterman, in the blue and red alrlpes of the marine service, appeared next, with Capt. Arthur K. Uirney representing them as counsel. Lieuts. Adams and Osterman were Ivorh present at the shooting of Sui ?ton, and are expected to give some of the most important testimony in the investi gation.' ^ Mrs. James N. Sutton, the mother of the ^! slain ileutenant, arrived with her daugh 5 ter, Mrs. Roue Sutton Parker, and the t Sutton counsel, Henry K. Davta and ? Henry W. Van Dyke. Mrs. Sutton wore a r confident and placid look. , She was dressed in a black silk suit, and wore a black veil. She settled herself back In the chair allot! ed to her at the i long table of the court without a word. ? and fanned herself with a small black fan. The daughter. Mrs. Parker, was only a little less self-possessed. Adjournment to Afternoon. After swearing in the members of the court of inquiry by the Judge advocate and his reading of the instructions for the trial from Washington, the court ad 1 Journed until 1 o'clock in the afternoon. ' At the opening of the afternoon session I Commander Hood ruled that there would be no objection to the presence In the courtroom at all times of Mrs. Sutton, j Mrs. Parker and Lieut. Adams. Adams Takes Witness Stand. 1 Lieut. Adams wa.? then called to U,e stand, not as one accused, but as an or dinary witness. He was cautioned by ? Commander Hood to testify only as to ? facts within his knowledge. The direct examination was conducted by MaJ. Leonard. His first question was to Adams' action on the night of October 12. 1907. Adams testified that he. Utley and Os terman dined together at Carvel Hall. an.I after* ard attended a dance at the Naval Academy. Later he returned to Carvel Hall with Lleuts. Osterman, L"tle>. Schlrer, Potts and Sumner. They ordered a dosen bottles or beer and sandwiches. While they were ther* Sutton came into the room where they were sitting with a. bottle of whisky and offered drlnkB to the crowd. The offer was refused. Shortly after 12 o'clock they left. Out aide was a public automobile, which Sut ton had called. Potts and his compan ions, witness said, had gone ahead In an other machine, so he and Utley got into the machine with Sutton. Besented Being Called Coward. Entering the grounds, a discussion arose as to whether they should take the ma chine through the grounds. It being after their liberty hour. A<?ams said he would get out and walk. 'Tou d cold-footed coward." witness declared Sutton said. "What do you want to walk for?" "Don't talk to me that way," witness said he replied. "If you way anything to me I'll take you out and beat out of you," Is the reply attributed to Sutton by the witness. The machine was stopped, said Adam*, and he got out, taking off his ?-ape. they stood on the ground, Sutton al??> having left the machine, Sutton asked what he. Adaim?. was going to do about It. Adams said: "Tou are the qpe tnat a'&s going to do something. Now go ahead." "Mr. Utley," said Adams, who wa? senior officer of the party, ordered u* not to fight and said our trouble could bo settled before reveille, the next morn ing. He ordered me to my tent. I .s'arted away. ; "Utley began trying to quiet Sutton. Soon mutton called Osterman a vile nanio. I Thereupon Oaterman struck him. They then clinched. "Soon Osterman got Sutton down. I went back and pulled Osterman off. We then separated." Illustrates Sutton's Death. loiter, when Adam* came to the stoey of Sutton's death he illustrated his fight with Sutton. Stretched out on the floor of tha courtroom, with his head within a few inches of Mrs. Parker's feet and right under her steady *aae, be showed, the