Evening star. [volume], October 16, 1911, Page 2, Image 2

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there didn't seem to be any rules governing
that office '*
Mr. Hogan asked for a copy of the
rules. ;
Didn't Keep a Copy.
"I gave them to Mr. White. I also gave
a copy to the House District committee.
1 have no copy now."
Mr. White asked:
"Were you given no other instructions?"
N'o. except when matters of transfer
of a saloon license came up. I was in*
strutted in each individual ease to go to
the places and go through the regular
details required to find out whether a saloon
should have a license or not."
"Did any of the Commissioners talk to
you about your duty?"
T?. Commissioner Johnston toid me
f had two oaths of office, and to go ahead
and do my duty."
"Any one else?"
' "Well, Commissioner Judson asked
me to find out what 1 could about
ctenrge lgham. then a candidate for the
position of superintendent of insurance."
"Did you and Commissioner Judson
talk over any excise matters?"
"In a general way. He said there
was a member of that board dealing
heavily in real estate, and that he
didn't approve of it."
w nen werp you atscnargeu .
October 14. 1910."
Mr. White asked fpr the details of
en investigation into an application
by <'harles W. Edwards to run the
T?iedmont Motel. 489-491 Missouri avenue
In explaining this Mr. Morstmann
said he had received an affidavit in
which the lawyer In the case and the
notary who took the oaths were one
and the same person. Tie said he took
the matter up with the corporation
counsel, who said the affidavit was
improperly made out. and that the excise
board did not have to accept it.
"I had photographs taken of the afflnavits."
said Morstmann, "at the suggestion
of Gen. Johnston."
Probed Georgetown Case.
"I >id you investigate the case of George
Harper, who wanted to open a saloon
In Georgetown?"
Ves. T made the investigation at the
suggestion of Assessor Richards. I
went to Alexandria county in my automobile
and found five indictments
against this man. Me had been fined
-"'.rim II li ii ii i pi i uuiiars aim ? an a ius?tivi
from justice. I showed ray findinr*
to Mr. Richards, hut Richards repiirii
that ?'randal Mackey. commonwealth
attorney for Alexandria county,
t kI said 'the man is alt right.' I said,
V.'otl. he'll have to back on the record,
then." Then I wont to Mackey and got
ins signed statement that Harper had
t'oen indicted, but had fled the county,
-nd the eases had been nolle prossed
because that was the only way to get
them off the books."
"And you showed that to the excise
board?"
"Yes. to Richards."
"Was this before the license was
granted?"
"At the time his application was made
?o succeed a man in business at 3285 M
street."
"When did you get this statement?"
"Forty-eight hours after 1 went on the
CJISC."
"What do you know about any action
<"apt. Schneider of the seventh precinct
police station took about Harper?"
Went to Maj. Sylvester.
"t'apt. Schneider made a favorable report
When I learned of it I immediately
went to Maj. Sylvester and asked him,
Ik) you want a man like that in business
"ere?" He sent for Schneider, and in the
presence of Mr. Mackey Schneider was
ssked to make a supplemental report.
The hoard was asked to wait for that re.
ort. and the board did not do it "
Mr. Horstmann said that Commissioner
I .dson liad asked him to Keep an eyr
>pen on the police. He also said he
.tad troubles in getting any ruling on
he question of poolrooms in saloons, the
proper screens, etc. Speaking of the 400
et supposed to separate a saloon from
i church. Mr. Horstmann said:
They made the measurement at ranom.
Sometimes they took a diagonal
nurse, sometimes one around the cor. r.
The law says, I believe, that the
< asi reinent shall b?* by the course of
'dinary travel, but once T noticed ey
ad measured through a fountain."
Mr. liogan began his cross-examination
U this point, asking Mr. Horsttnann why
fe objected to oral instructions.
'Because there are four individual mem- i
rs of the board, and 1 objected- also ?o I
-etting written instructions five weeks j
!ate."
Why didn't you complain then".' I
"1 was.In a subordinate position." j
Mr. Hogan asked questions to find out j
0 hy Mr. Horstmann had gone to various i
1 ;istrict officials when lie was an em- ,
pioye of the excise board.
Saw Thaau at the Club.
"Oh. I didn't have to go out of my way
;o tee them. I saw Maj. Judson or Gen.
Johnston every day or two at the club."
"Did jou talk excise t>oard matters at
.he club?"
"Sometimes.
Mr. Hogan thereupon tried to get Mr. !
lion-tinann to say just when and where
> < had seen the two c ommissioners men:
ioned, and spent several minutes in so
'.'ins. but Mr. Horstmann couldn't be
I inned down '
You said that Commissioner Johnston
t' Id you the public wanted to see a good,
"lean city government and that you had
two oaths, and that you should do your
.utv under them."'
1 did."
piil lie think there was anything unlean
in the city government."
Not that I know of."
He was giving yoa merely good ab>
act advice."
Th* n enaued another w restle Mr.
ifogan 'lid his best to find out whether
Hers.matin had started to talk to Commissioner
Judson about excise hoard
matters, or whether Judson had. But it
was of no avail. Mr. iiogan got around
to Commissioner Rudolph:
Another Job for Him.
"I went to see Commissioner Rudolph."
answered Mr. Horstraann, "and I asked
him in his office about a golf game we
were going to play. He said then that
he had a nice job for me In the office of
the health department. I said: 'That
means they're after me, doesnt' it?" He
said. 'I'm afraid it does." I said then,
"Well, when they get me let's see who is
r ght."
The lawyer and the witness then had a
' rig argument over the private conversation
which Horstmann and Richards had
after the former had been discharged.
Horstman said that in that conversation
I
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he "had told Mr. Richards what he
thought of him, and didn't care to repeat
it. Despite demands by Mr. Hogan,
Mr. Horstmann kept this to himself.
"When did you first talk with any one
about these charges?"
"I haven't used the word." ?
"When did you talk to newspaper meii j
about this affair?"
"I didn't until some time after I had '
dropped the matter."
"Then why did the afternoon newspapers
have full and explicit accounts or
your troubles with the excise board."
"Because there were some live news- j
paper men over here. They generally ;
knew what was doing, as well as any one j
else."
Then ensued long questions concerning i
the lawyers v^hich Horstmann had seen. ,
The names of 1'nited States Attorney Ax 11- j
son and Frederick Huidekoper were men. i
tioned. and Mr. Horstmann finally aaid he j
had employed H. Preston Gatlev. The ;
lawyers were consulted, he said, because j
the Commissioners had written to hirh !
asking that if he had any charges to
make against Bairtuel Kalbfus or the excise
board he make them in writing. That 1
was in October, and he replied in writing
the following Jannftt-y, having seen lawyers
during that time.
Oood Way to Publicity.
"When you wrote to the Commissioners,
also you gave to Representative Bennet of
Xew York a copy of that letter. Why?"
"To release the matter on the floor of
the House would be a pood way to bring
this matter to the attethlon of the public."
* '
"What did you ask Representative Bennet
to do?"
"I forget. I guess it was to let the
matter become public from the floor of
the House."
Mr Hogan asked specifically about several
newspaper men, mentioning them by
name.
"Why did you talk with these men?
Did you want publicity for yourself?"
"Mr. Hogan, I am not here for publicity."
"Then why did you talk?"
"I didn't talk much. If I had wanted
to I could have talked every day for
several months on this matter."
Another long argument ensued. Finally
Mr. Hogan addressed himself to the
Commissioners:
"I have had more difficulty in getting
anything from this witness than from
any one I ever saw. I have tried to find
out why he gave these matters to newspaper
men and to Representative BenriAf
**
I didn't give any papers to any newspaper
man. I merely showed the papers
I afterward gave to Representative
Bennet."
"Oh."
. A Difficult Witness.
Mr. Hogan then asked whether he
had not Shown great activity in tak-r |
witnesses to United Btates Atorney
Wilson when Mr. Wilson was looking
into the matter. The retorts came
thick and fast, and Assistant Corporation
Counsel White interfered, asking 1
that the cross examination be made :
one of more respect for the witness. 1
Mr. Hogan replied: "You must ra- <
member I am having extreme difficulty i
with this witness. Every one in the
District knows that there are Horst- .
mann charges against Mr. Kalbfus. No
matter what you call it, these charges *
are charges, and nothing else." J
Mr. Horstmann then said he was not .
the important witness he was supposed j
to be. as lie had srivpn nn the matter
long ago. and that all his facts and data |
are in the hands of the corporation coun- (
sel and other people, and said he could (
not remember the names and dates and ,
lists of persons asked for without re- .
course to the data. .
"Did you ever tell a man named Marks I
that Kalbfus is crooked?" asked Mr. Ho- ,
gan. suddenly. (
"I don't remember having used that ,
term." .
"Do you deny it?" ,
"I don't remember having used that .
term."
"Ever see II. II. Darneille about this. 1
matter?"
"Yes." . 1
"Talked with him?"
"Yes."
"After you were discharged?"
"Yes." j
Unable to Bemember.
"Did you ever tell him that Air. Kali)- ;
fus is crooked?"
"I don't remember using that term."
"Do you deny it?" 1 ,
| "I say I don't remember using the j i
term."
"Did you ever gj to the White House i
about your oxc-ise matters?" asked Mr. < ;
Hogan, and immediately there was a stir,
and Commissioner Rudolph for the mo- J
i ment interfered, to put the matter up to I
J counsel.
. "When a man is active in bringing a
I matter like this to the attention of
newspaper men. to officials, to the federal
government, to the committees of the
House. I think he is displaying a very active
animus, and we should get at it."
"Perhaps." said Mr. Rudolph, "but
can't you do it without mentioning the
White House?"
For a few minutes the White House
U XT- T T ?
i a covcu win* mr: 10 *? ? ci ?*u . xi till prU"
| ceeded. speaking of the copies of real
j estate transactions which Mr. llorsttnann
i has asked to be explained:
"Who got these copies of records from
the office of the recorder of deeds?"
"A man in the office of the United
States attorney."
"Why did you try to show that JI. J.
Keane. whose name appears on some
of these.deeds which are included in the
report of Mr. White, Is an attorney for a
brewing company?"
"Because I saw his name on a lot of
chattel mortgages."
"Now. after having seen the Commissioners.
after having seen the United
States attorney, having employed coui!
sel. after obtaining the real estate record,
} and having released the matter on the
floor of the House. I want to know what
charges you have against Mr. Kalbfus?"
No Charges to 2Iake.
"I have no charges to make. I merely
presented these facts and brought about
this investigation. I am now merely
subpoenaed as a witness in the investigation."
At this point Commissioner Rudolph
announced that the question concerning
the White House would be admitted.
Mr Hogan asked:
"Did jou take a statement of facts at
A 1 I l? ? 1 J ? A ?
hit- r? 111 it- nuwsc i cgtiruiiig me LMSiriCt
excise l>oardV"
"I did."
"When?"
Trior to January 30 of this year."
"Why?"
"I wan asked to."
"By whom?"
Mr. ilor.'tmann would not answer.
"You tiled a statement about your disPON^B^
I
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missal?"
"1 did not. '
"Then why did you go?"
"I was ,?ent for?"
"By whom?"
Still he wouldn't say.
4'All I will say is the appointment
made for me," he admitted finally.
Norton Made Appointment.
"By whom was the appointment made?"
"By Mr. Norton." (
"And who is Mr. Norton?"
"Why. Mr. Norton is the secretary to
the President."
Mr. Hogan persisted with questioning,
the obvious purport of his questions being
to bring President Taft's name into .
the record, but Mr. Horstmann refused J
to take the bait. Finally he said he had |
seen Mr. Norton on a certain day and j
that he had talked with him about cer- \
tain matters, and finally Mr. Norton'made j
the appointment for t? p in. that same i
da y.
"I went to the White House that night." i
baid Mr. Horstmann, "because hat's j
where by appointment came from."
"When you got there did you lay before |
the President anything about your connection
with the excise board?"
"Yes."
"In writing?"
"Yes."
"Signed?"
"No."
"Why wasn't it signed?"
Reduced It to Writing.
"I knew I had an appointment with a
busy man. I had my attorney, H. Preston
Gatley, draw up the papers. They
were merely notes, they were not signed,
dated or addressed."
"I want to see a copy of that paper,"
said Mr. Hogan.
"I haven't one "
"Has your attorney?"
The attorney shook his head, and said
he didn't know whether or not he had a
copy.
"I want to know why you made this appointment
with Mr. Norton."
"Because, 1 started from" the White
House and wanted to go back there and
explain why 1 had been fired."
"Then vou wanted to let the White
House know?"
"Yes." "And
you came in the District government
via the White House?"
"Yes."
"Did you tell the president you had
been doing clean "work and that your
superior had not toeen?"
"All that is in. the paper I left there."
"I want that .paper."
"Well, you know where to go to get it "
After a fgw minutes more of questioning
on the visit to Maj. Sylvester's office
the hearirlg adjourned until tomorrow
morning. ^ ? *
Basis of the Charges Made
Against District Officials
Today's investigation is the result of
the report and recommendations of Assistant
Corporation Counsel White > -, the
natters concerning the excise board
turned over to him for investigation by
the Commissioners.
After citing facts brought out during
:he investigation conducted by the United
States attorney concerning financial transitions
between Mr. Kalbfus and Michael
J. Keane, attorney for the Abner-Drury
Brewing Company, Mr. White says:
"The above facts are not, in my opinion,
sufficient cause upon which to frame
charges of "inefficiency, neglect of duty
>r malfeasance in office," but, obviously,
there has not been a full disclosure of
the facts. It seems to me an investigation
should be held, unless it be true
that no possible financial or other relation
between brewer, barroom licensee
for applicant for such license) and member
of the excise board can render the
atter inefficient within the meaning of
the act of Congress, and that, therefore,
the investigation must be futile. I am
nf the contrarv oninion."
Referring to Mr. Williams, the assistant
corporation counsel says:
% '
Met Family Emergency.
"1 also attach a, statement by Mr. Williams
which satisfies me that under stress
of an emergency in his family he formed
a financial relation which, since he has
had time to reflect, he recognizes is Incohsistent
with his official position. I
believe, however, the Commissioners
should investigate this with other matters."
Mr. White's report is a voluminous affair.
containing twenty-six typewritten
pages. He reviews thirty-one license
cases, covering a period of from 1JHH to
the present time, which are regarded as
having a bearing on the Kalbfus and
Williams charges.
Attached to the report of the assistant
corporation counsel is the substance of
an oral statement by Mr. Kalbfus and
a statement by Roger Williams, which,
it is stated, were made to Mr. White
after he had communicated to them the
4*-. ?? ? 1 A 1 1 J _l t J - J i a
utci uiai ne uau ueciueu 10 recuminena
an investigation. These statements are
as follows:
The substance of Mr. Kalbfus' statement
in Mr. White's words Is:
Began With Land Deal.
"He first met Mr. Keane some years
ago in connection with a Mexican mining
company, in which he had invested
$TiOO. At the meeting there were also
present Messrs. Darneille and Drury,
who were also interested in the mining
company. They all lost money in it:
he made money?he always makes money.
He thought that if Mr. Keane was good
enough for Messrs Darneille and Drury
he was good enough for him. Some time
after that lie was entertained at Mr.
Drurv's home. Mr. Drury was then a
banker and was not running a brewery.
"He knew that he owned a half interest
in the Abner-Drury Brewing Company.
While at Mr. Drury's home, which
lias since burned down, he lotd Mr.
Drury that the latter should have a horrte
nearer the city and in the discussion
the land owned by Mrs. Black was then
referred to. Drury asked him what it
was worth and his opinion was given.
Drury then said to buy the land for him
a l ui<il pure n ne rouiu ao so. lie saw
one of the Shoemakers, who is related to
Mrs. Black, in the effort to get the land
and later saw another one. Still later
he saw Mrs. Black at the <~"enter market
and learned that !>oth the Shoemakers
were giving him the "double cross."
"He immediately purchased the land
from Mrs Black, giving her a check for
J2tx? to bind the bargain, taking her
receipt, and then rushed up to the bank
upon which lie had drawn the check, to
make arrangements to have the check
made good, as he did not have sufficient
money to pay the check. After this, Mr.
Drury refused to take the land. About
two years had elapsed since Mr. Drury
told him to buy it and he had not mentioned
the matter to Drury during that
time. He then told Keane, who is a
very intimate friend, that Drury had gotten
him into a had tlx. as be had bought
the land and had no money with which
to pay for it.
"Keane said lie would see Drury, and
the fesult was that Kalbfus borrowed
S5.UOO on property assessed at IM.'tOO. and
for which lie is pay fi per cent interest.
Allen E. Walker also advanced JftlKiO,
making a total of llh.noo. which, with the
borrowed, equaled, the purchase
price. Kalbfus' rtve-thousand-dollar loan
is the one represented by the note for
that sum to Alma D Rinck. His statement
that all negotiations In this matter
?-.* uroiD,,. \* - /**
*>nr niaur k'j, ?? nm*;i w >ui .*ii. U1U\ fr
had reference to the borrowing of the
$?t,O00, and Ills statement that he does
not know the present cost or condition of
the property relates to its development
only. He understands that Mr. Drury
loaned the ?>,000. The reason he deeded
this property to Walker is that MaJ.
Judson told him it did not look right for
a member of the excise board to have
property of this kind standing in Ills
name. Kalbfus wrote the affidavit which
Keane signed, and then knew that Keane
represented the brewing company in
some matters, while Mr. Darr was paid
an annual retainer as its general counsel."
Has Asked No Favors.
Mr. Williams' statement, according to
Mr. White, is:
"Referring to the testimony taken before
Assistant I'nited States Attorney
Peele, in which I was charged with having
negotiated a loan of 'rom the
Abner-Drury Brewing Company, I beg
leave to submit this explanation. In
July. 1910, I had a son in Tulsa, Ok 1 a ,
who was taken ill with typhoid fever
and carried to a hospital. Bills were
being rendered for his treatment, and I
had not the money to meet them, nor
to send his mother to bring him home.
I
In the emergency I thought of Mr.
Drury. whom I had known for twenty
years or more. I knew him to be a capitalist
and one whom I felt would let me
have the money. I told him that there
were two deeds of trust amounting to
$1,000, already oft the property; that the
property was worth Sl.dOO. I wanted to
avoid the expense and delay of having
ttae title examined and of having to pax
a commission to some broner for getting
the money.
"Mr. Drury let me have the money, I
think, September lPIO, and I gave him
a deed of trust on the property, which
deed was duly recorded.
"The check for the $100 I turned over to
my wife, and she deposited it in the National
Capital Bank to her credit, and
disbursed it in paying doctor and hospital
bills and in bringing my son back
from Oklahoma. The property on which
I gave the deeds jn trust. No. 18 :>d street
northeast. came into my possession
through the death of my mother February
11, 1890, and is the only property
1 own in the District of Columbia or
elsewhere. This same property I have
been living in for forty years. The two
other loans on the property were made by
a party who was not at the time, nor
i? iic iiuw, in me liquor ousiness. me
loan I made of Mr. Drury is the first
and only one I ever made of any one in
the business he Is engaged in. On March
2 last I paid the semi-annual interest
due on the loan and received a receipt
therefor. I have never seen Mr.
Drury frftm the time he let me have the
mo/iey until yesterday (August 1, 1011>.
when he came to the building to make
his personal tax return, nor has he during
said period ever reminded me .of the
favor lie did me, by asking me to do anything
for him."
DIES ON RETURN TO
WORK AFTER ILLNESS
Joseph Tyssowski Expires
Suddenly in Office at
Patent Bureau.
Returning- to his desk in the patent
office this morning:, after having remained
at home for the past few
weeks on account of illness, Joseph
Tyssowski, sixty-six years of age,
dropped dead. The funeral arrangements
have not been completed.
Mr. Tyssowski, who resided at 1607
22d street, had been; confined to his
home for several weeks on account of
heart tt-ouble. His daughter, Mrs. Joseph
Cranford, took him to the patent
office this morning in her automobile.
He was in the office of Assistant Attorney
General Clements shortly after 0
o'clock, talking to a friend, when he
suddenly fell to the floor. A physician
was called, but he pronounced life extinct.
Native of Poland.
Mr., Tyssowski was born in Carno,
Poland, May 4, IMS. He came to the
United States when quite a young man
and later came to this city. He studied
law at Columbian University and for
many years practiced before the bar here.
\ eiai ^ ftti a d^u iif wan appuiiut-u iu <v
position in the assistant attorney general'
office of the patent office, which he
held at the time of his death.
He was a member of B. B. French
Lodge, No. 15. F. A. A. M.. and Columbia
Commandery, No. 2, Knights Templar.
His widow. Mrs. Ada B. Tyssowski; a
son. Joseph G. Tyssowski of Chicago, 111.;
a daughter, Mrs. Joseph Cranford of this
city; a brother, A. V. Tyssowski. and
two sisters. Mrs. Henrietta Velowski of
Chicago. 111., and Mrs. Alice Higgins of
this city, survive him. #
NEGRO IS CAUGHT UP
BY WHIRLING SHAFT
. '
Badly Injured in Accident at Brewery
Before He Is
Rescued.
Caught up by a revolving shaft in the
engine room of the Washington Brewery
Company. 4th and F streets northeast,
this morning. Allen Brown, colored, of
1230 Linden court northeast was lifted
high in the air and badly injured. One
of his arms was broken and skin was
scraped from his body, arms and legs.
The fact that a breaking clutch attracted
the attention of the brewmaster
to the engine room probably saved
Brown's life. The brewmaster immediately
stopped the engine when he saw
Brown suspended in the air.
Brown was on a temporary scaffold in
the engine room doin'g some painting
when the accident occurred. He was too
close to the machinery, which caught his
clothing.
The injured man was lifted to the floor
by several of the employes and taken to
Casualty Hospital.' lie did not loSe consciousness
and was able to tell all that
had happened to him. He was found to
lie in a serious condition, although it is
believed he will recover.
Wti
m A x* A a a a a a mm mm mm mm* mm
MAT NUI UNUtnlAKt
CAMPAIGN AGAINST RATS
District Health Department Fears
Sum of $500 Appropriated Will
Not Be Sufficient.
The District health department may
never undertake a war on rats in the
District, notwithstanding Congress Included
$rrfln for that purpose in the last
appropriations act. The amount may be
permitted to revert to the government,
because officials of the department believe
it is not sufficient with which to
conduct a practical campaign against the
rodents. ,,
"I would favor the appropriation reverting
rather than It should be expended
with little prospect of accomplishing any
results worth while." said Health Officer
Woodward today, "I can't say now what
decision will be reached. It is probable
that a part of the appropriation will be
spent m a? educational campaign, bat
even tills is uncertain, as the department
will not attempt to definitely, solve the
problem for some time."
liealtii Officer Woodward has been in
touch with San Francisco officials with
respect to effective means of combating
the rat problem At first these officials
intimated that VKO would be enough for
the work, hut when they were informed
that only that amount was to be expended
during the entire year, and not
by the month,--they advised the representatives-of
the local health department
that they might as well give up the
undertaking. More than $"0> monthly H
spent in San Francisco for the 'e:W
termination of the rat tribe, according to
Dr Woodward.
BURGLARS DYNAMITE VAULT.
Escape With Large Sum of Money
From Bank.
CLARKSVI I.L.E. Va., October 1G.?
Burglars dynamited the vault of the
Planters' Bank here early today and
after a fusillade of shots escaped with
what is believed to be a large amount
of money.
J. C. Clements, who slept in a room
, above the bank, awakened by the explosion,
exchanged shots with the robbers.
PRINCIPALS IN "I
H^1 TbBUB
'Wjji
f l
II
JOSEPH SCOTT (IN CENTER), COIR
PLAN SIMPLE RITES
Services in Memory of Justice
John M. Harian.
FRIENDS TO PAY RESPECTS
Interment to Be Private in Rock
Creek Cemetery.
TRIBUTE BY HIS COLLEAGUES
Justices of the United States Supreme
Court to Serve as Honorary
Pallbearers.
The funeral of the late Justice John
Marshall Harlan of the United States
Supreme Court will he held tomorrow
afternoon from the family home, at 1401
Euclid street, the details having been
completed today. At the house there will
be only a brief prayer service for the
family, and the 'body will be taken to the
New York Avenue Presbyterian Church,
New York avenue and H street. Where,
out of deference to expressed wishes, the
hundreds of friends and associates of the
deceased Jurist will be given an opportunity
to pay their last respects. The service
at the church will begin at 2 o'clock, conducted
by the Rev. Dr. Wallace Radcliffe,
the pastor. Because Mr. Justice
Harlan often had expressed his admiration
of the beauty and peacefulness of
Rock Creek cemetery, it was decided at
a conference dt the Harlan family and
close friends that burial should be mfce
there.
The interment will me strictly private,
in keeping with the wishes of Mrs. Harlean
Ac lioa hppn PllstniUftrV flt t hfi
funerals of deceased members of the
United States Supreme Court. Mr. Chief
Justice White and other members of the
court will act as honorary pallbearers.
Obsequies Marked by Simplicity.
Although the Harlan home already is
nearly filled, with floral tributes, and a
flood of telegrams and other messages
of sympathy continues to be received at
the house, the funeral of the distinguished
Jurist will be marked, so far as
is possible, by extreme simplicity. Gathered
at tne church, of course, will be
members of President Taft's cabinet,
scores of officers of the army and navy,
the judges of the various courts of the
District, members of the interstate commerce
commission and other departmental
officials, as well as all members
of the Senate and the House who at this
time may be in Washington.
With the exception of Rev. Dr. Richard
Harlan, who is in Europe, all of the sons
and daughters of Justice Harlan are in
the city, and many other relatives also
have arrived, while still others are expected
later today. Mrs. John M. Harlan,
wife of a son of Jbstice Harlan, and
two of her children, reached here yesterday,
and this morning she was joined by
her son, John Marshall Harlan, jr., tne
only grandson of the deceased jurist.
Rev. Dr. Wallace Radolitfe. pastor of
the New York Avenue Presbyterian
Church, yesterday paid an eloquent tribute
to the memory of Mr. Justice Harlan.
He spoke of the dead man's long
and valued membership in the church,
and then said:
"The nation mourns one of its greatest
citizens, the judiciary one of Its strongest
pillars, the church of Christ and the
Presbyterian Church especially, one of
its most honored names, this congregation
a tower of strength, and all of us
one of our best and most devoted mends.
Tribute by Bible Class.
At the session of the Justice Harlan
Bible Class, which was led by Rev. Dr.
William H. Bate-s yesterday morning in
the New York Avenue Presbyterian
. Church Sunday school, the following paper
was unanimously adopted:
( "This Bible class, organized by iVfr.
Justice Harlan over fifteen years ago,
given his honored name and taught h^
him since that time, meets this morning
to express the deep personal grief of
every member caused by his unexpected
death, and to pay tribute to his memory.
"Although burdened with the duties
' of his great office and full of years
when others would seek respite, we
found hini here every Sunday morning
these many years, in all weather, with
a cordial greeting for every member
of the class, with whom he cultivated
' a personal acquaintance.
"The morning's lesson having been
announced by him and the reading of
the Scripture relating to the lesson
having been completed by the class?
in this the Justice takirig his turn?
the class at once saw that to the lesson
he had given hours of study and
reflection, and that tills service to
young men was one of self-sacrifice
and consecration.
"Fully prepared and fully alive to the
opportunity of impressing the hearts as
weP as the minds of the class, lie was the
ideal Bible teacher, n s great powers or
statement, his wide range of> knowledge
and of experience in affairs of national
life, his absolute and unshakable faith in
the lffdy Scriptures as the inspired revelation
of God's love to man, his winning
personality, all combined to leave an
impress for good nevei* to be effaced.
Hundreds upon hundreds of young men
have thus by him been instructed and
given inspiration toward a better life and
a stronger faith; and we take this occasion
to avow our individual grief at his
death and at our irreparable loss thereby,
and also to express our profound sympathy
with the bereaved family and
friends."
Supreme Court Pays Respect.
The United States Supreme Court, out
of regard for the death of Associate
Justice Harlan, adjourned today to meet
next Wednesday.
Ordinarily this would have been a
busy day. the first "decision day" of
the October term. Instead of a court,
/
|THE FAMOUS EXj
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(Copyright by American I'ress Association.)
room crowded with attorneys eager to
hear decisions or to offer motion?, the
benches were practically empty, the
biack-draped chair formerly occupied
by Mr. Justice Harlan offering mute
testimony to the occasion.
When the court met Chief Justice
White, addressing the bar. said it was
his painful duty to announce the dealt!
of Mr. Justice Harlan, adding that the
court would adjourn until Wednesday
next, with the transaction of no business
meanwhile.
Justice Harlan's last official act was
to sign a letter allowing a writ of error
in the case of Swenson vs. the State of
Michigan. This was dated October 11.
and the signature was in Mr. Harlan's
usual firm handwriting.
Commerce Court Takes Action.
At the United States Commerce Court
this morning Presiding Judge Knapp
and Judges Archibald, Hunt, Carland and
Mack were present at the opening of"the
session. P. J. Farrell, attorney for the
interstate commerce commission, addressed
the court, and made formal announcement
of the death of Justice Harlan.
After ordering that a suitable record of
the occasion be entered on the minutes,
Presiding Judge Knapp ordered an ad
journment until vveanesaay murniug.
At the conclusion of the session today
all branches of the District Supreme
Court took an adjournment. The Court
of Claims also adjourned until Wednesday.
*
Temple in His Honor.
Plans for the erection of a great Presbyterian
temple in honor of the memory
of the late Justice Harlan of the Supreme
Court of the United States are being considered.
It is suggested that $1,000,000
be raised by subscription throughout the
country to build the temple. Justice Harlan
during the latter years of his life
hoped to interest Presbyterians in the
erection of a temple to be the meeting
place of the governing body of the
church, and the plan proposed by friends
now Is to carry out his idea and at the
same, time provide an appropriate memo!
rial to the distinguished jurist.
|< Loyal Legion Representatives.
The representatives of the Commandery
of - the District of Columbia. Military
Order of the Loyal Legion, at the funeral
of Col. John Marshall Harlan, United
States Volunteers, will include Brig. Gen.
John M. Wilson, if. S. A., chairman; Rear
Admiral George C. Remey, U. S. N.;
1 ? " ^ T 4 ? -1 TT CS A
Brig. uen.. worgp U aiiuubs, i_ . ?>. n..,
! and Brevet Brig. Gen. Ellis Spear, United
States Volunteers.
All members of the delegation are cxcommanders
of the District of Columbia
Commandery. Col. Harlan was commander
at the time of his death.
REBEL FORCE ROUTED
BY MEXICAN TROOPS
MEXICO CITY. October 16.?Today s
advices from Cuernavaca say that the
.VK) Zapatistas were cut to pieces in the
battle near the village of Tepoxtlan yesterday,
but Zapata himself once mdre escaped.
The Zapatistas were caught between
the forces of Gen. Figueroa and Col.
Blanquet. Two hundred of them are said
to have been killed, a large number
wounded and many taken prisoners. The
rebels had intrenched themselves on the
hillside close by the village.
Cut Off Their Retreat.
i The federals, advancing from opposite
| directions, for the purpose of concentrati
in it thoir forces in the village, cut off the
?? ? vxwi* ? ?? ? - - ,
rebel retreat.
Behind their breastworks the rebels
withheld their fire until the fedei-uls were
within 200 yards of the trenches. When
they opened fire their aiir. was ineffective.
The federals sent their sharpshooters to
the end of the trenches and their fire
drove the rebels front cover.
Coming into the open they boldly attacked
the government troops, and the
battle Waged for seven hours, by which
time the Zapatistas were completely
routed. Most of their horses were captured.
Zapata is said to have personally led
his followers.
BICYCLES CARRY DOUBLE,
THEIR OWNERS PAY FINES
Judge Mullowny Declares Purpose
of Enforcing Regulations Against
Dual Riding.
Fines of and respectively, were
imposed upon George Black and Jacob
Bias, local bicyclists, by Judge Mullowny
in the Police Court this morning
for violating the recent police regulation
placing a ban on dual riding of
bicycles and motor cycles. They are the
first cases to be filed in the Polite
Court under the regulation. Policeman
Mansfield arrested Black at Otli and F
streets Saturday night, and Policeman
Sontag arrested Bias on 10th street
Saturday afternoon. Both men. c cording
to the policemen, were carrying
boys on their handle bars.
Black pleaded with Judge Mullowny to
release mm upuu ma iienuuai icwsnizance,
saying he needed the two dollars
he had deposited for his appearance
and pleading ignorance of the regulation.
He promised not to repeat the offense.
"This regulation must be enforced frr
the safety of the persons who are" foolish
enough to ride double." Judge Mullowny
replied. "I'm going to punish
every one Wrought before me for that
offense."
The charges against the two young
men who allowed themselves to be arrested
in front of the Police Court building
Saturday afternoon, 1i\ consequence
of a determination by a local motor cycle
association to test the regulation, will
not be filed In the Police Court until
tomorrow morning. Date for trial will
be determined following a conference or
counsel.
K
I
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PLOSION TRIAL.
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COUNCIL IN SESSION
Commander Richardson Welcomes
Scottish Rite Masons.
FAMOUS CHOIR IS HEARD
Singers
of St. Louis Consistory Render
Sacred Compositions.
TWTTTiTT mn PT ACC TPWTflUT
Former Senator Nathan B. Scott
One of One Hundred Candidates
for High Degree.
The opening session of the Supreme
Council of the Ancient and Accepted
Scottisli Rite of Freemasonry for the
Southern Jurisdiction of the Fnitei
States was called to order at the House
of the Temple at 10 o'clock this morning
by Soverign Grand Commander James
Daqiei Richardson, with a full attendance
of the surviving sovereign grand inspectors
general of the thirty-third degree.
After a brief address of welcome by the
grand commander, the famous Scottish
rite choir of the St. Louis Consistory
of Missouri sang the offering "I Am
Alpha and Omega.-' by John Stalner. atio
Dudley Bucks arrangement of "Lead
Kindly Light." The grand commander
then began the delivery of his allocution
whtch was still .in progress when The
Star went to press.
By special permission all Scottisli Rite
Masons of the fourteenth degree and upward
were admitted to the opening session,
although the remaining sessions will
be restricted to the twenty active sovereign
grand inspectors general, who are
Erasmus r. l arr or Montana, Henir M.
Teller of Colorado, James Daniel Richardson
of Tennessee, sovereign grand
commander; Samuel E. Adams of Minnesota,
lieutenant . grand commander;
Adolphua L. Fitzgerald of Nevada,
George F. Moore of Alabama. John
F. Mayer of Virginia. Frank M.
Foote of Wyoming, J. W. Cortland
of North Carolina, John W. Morris
of West Virginia, E. T. Taubman of
South Dakota. Charles E. Rosenbaum
of Arkansas. Ernest B. Hussey of the
state of Washington, Henry C. Aiverson
of Iowa. Charles F. Buck of
Louisiana, Horatio C. Plumley of North
Dakota, Col. William Busby of OklaJ
homa, John H. Cowles of Kentucky.
M. R. Grant of Mississippi and A. C.
Chase of Missouri. <
Choir of Noted Masons.
Inspector General Chase of Missouri
was accompanied to Washington by
seventeen high degree Masons of the
rite from Missouri, in addition to the
Scottish Rite choir of twenty-two
trained singers, under the direction of
James T. Quarles. K. C. C. H.
John A. Laird, thirty-third degree
honorary, of St. Louis is the president
of the organization; V. H. Faikenhainer,
K. C. C. H.. vice president; O. G. Mueller,
secretary; William M. Tompkins, treasurer,
and A. W. Rhein, librarian. The
singers include, with the officers, four
first tenors, four second tenors, first
bassos and second bassos, as follows:
Robert Klein. Charles W. Brainerd, J.
Glenn Lee. W. H. McCormlck. <\ G.
Sehroeter. C. A. Penard. P. P. Theegar
ton. Julius L.angenbach, W. N. ('handler.
Charles J. LJnberg. jr.. Ray Garrett. D.
J. Seheve, John J. Wuertenbaccher. K.
\V. Bornmueller. James T. St. Clair. K.
P. Scheve.
This choir will have charge of the
music at the comer stone laying at the
new House of the Temple Wednesday
afternoon, when it will sing Queries' arrangement
of Dudley Buck's festival "Te
Deutp." Geibel's "March of the Nation."
and an ode. "The Corner Stone," bv
Neale. accompanied with a full orchestra.
Many Prominent Visitors.
Prominent among the many visiting
Masons were William Homan, J3d degree,
deputy for the Supreme Council of the
Northern Jurisdiction in New York; Senator
Nathan B. Scott. 33d degree honorary.
of West Virginia.: Samuel P. Cochran,
deputy for the Supreme Council of
the Southern Jurisdiction for Texas; S.
D. Affleck. 33d degree. New York
city: Charles P. Sparkman of New
Jersey; W. VV. Murch. 32d degree,
of New Jersey: Grand Master of Masons
of Maryland Thomas J. Shryock. 33d
degree, honorary, and deputv for the
state of Maryland for the Southern Jurisdiction:
Cornelius B. Parker. K. C. C. H..
deputy for Porto Rico: W. K. Idppitt, : 'Jd
degree, grand master of Masons for
Purto Rico; John R. Wilkinson, deputy
for the Atlantic district of Georgia: K.
O. Olmsted. 33d degree, honorary, deputy
for the state of Washington and Alaska;
W. M. Shaver, 33d degree, honorary.
deputy .for the Topeka d'sirirt " Kansas:
Henrv Wallerstein. deputy for the
Wichita district of Karris: H. V.. Witcover,
deputy for the Savannah district
of Georria; William S. Ware. 33d degree,
deputy for Klorida; Perry W. Widener.
deputy for southern California, and
Frederick Phlnney, 33d degree, honorary,
deputy for Lewiston and Coeur d'Alene.
Idaho.
The Royal Order of Scotland, composed
of thirty-second degree Masons of brfh
the northern and southern jurisdictions of
the 1'nited States, will open its annual
session at the House of the Temple. 3 J
and K'streets northwest, this evening at
7:30 o'clock. There will he a class of
initiates approximating Km. of v.hom
former Senator Scott of West Virginia
will be one.
The officers-of the Royal Order of Scotland
are James {>aniel Richardson, pro
! I- 1 3 J * -
\ niuui urana master, ny anoo'.ntment
from the Grand Dodge at Edinburgh,
Scotland: George M. Monitor, of Illinois,
senior warden: James 1. Buchanan of
Pennsylvania junipr warden: O. B Hann6n
of Xe'.v York. sword bearer - William
Opcar. Roome. District of Columbia, secretary;
William Homan New York, treasurer;
George E. Corson and Stirling Kerr.
jr._ first and second grand marshals, respectively.
and A. W. Kelley, District of
Columbia; William Busby. Oklahoma;
E. C. Benton, Massachusetts, and George
W. Kendrick. Pennsylvania, first, second,
third and fourth grand stewards, respectively.
Tomorrow evening the annual banquet
of the Royal Order of Scotland will be i
given at Rauscher's. I
_ < > ' ' -* ?
mb case witness
unable to remember
Not Positive When Questioned
Regarding the Senatoria'
Election in Illinois.
CHICAGO. Ootobe 10 Willimii O.
Blair, a member of ti e illi.iols lofiiela t . r
that elected Sri a tor l/orlnier. after 10mainini?
i"i the cimt<yt> of a friend mnrn
In as a deputy sc *;oant-at-arniii sire#
Saturday. tnis mornliift resumed hw irsti
:r.on\ Is-foro the Itillinjlhani iuvestlcaliUR
committee. Ilr is tin tlrst one ot" i.ne in.
titnatc friends of tieprefsotitative Yippit'.
i .vim was the leader of one demo rath' *
| fat lion in tlir Jegislat tire. to bo < alied
| brforr tlie committee.
Ask^d to Produce Books. \ *
'
Allniiii v lloalv examined Blair rrta -1i
. i?K hi* professional account* ati.1 deol.?
| and asked him to forward those aicounts
i for the year 1 *.?< i t?? the committee,
i Hlair was tlifi interrogated in ootinee!
tion with the hall KHinr episode at t'oti
j trails. 111... in Aiicnat. w hen i; Aa.
I i-horired he exhibited eleven one-hundred
dollar Uiils in addition In other nj >oe
j ""I>id \ on ? ? from Mount Vomw ' >
| Centralis ?"
"Yes
'
Witness Not Sure.
'Hid you teii ,\. <*. Tanner i >acame
to Centralis from olney. ill , on tiir
day of thai hall same*"
"I don't think mi.''
"Had you been in Olney or Oilrn -ince
the adjournment of the h-*Mat .re m
1 }**? "
"1 don't ilunk so."
"Are you sure of that?"
"That is my best r? i-olle< l ion
"Would you swear that > on spent th?
nifcht before tlte C?n'ralla ball same a.
your home in Mount Vernon?"
"I am not cert an."
NEW WltUE '
MAKES TRIAL GUDES ;
ft
Flight of Two Hundred Yards
at North Carolina Proving
Grounds.
MAXTKO. X C".. October 1?', <> .villa
Wright made tour trial glides with lus
new aeroplane from Hill Xo. i:; today.
Alexander Ogr'lvie and horin Wright were
in opposite ends of the biplane, while
Orville Wright drove. There was an uncertain
wind blowing in gusts .from ten
to thirteen miles an hour. Orville said
it was not the sort of wind he wanted,
but he was anxious to get the machine
tuned up and ready for a better trial
when the conditions were more favorable.
Flight of 200 Yards.
The longest glide was about *JhO varda.
The hill is sixty feet high, and towaid
the bottom Wright had to rise to gei
over a smalt knoll. This checked tha ?
speed of the machine Just as it wM getting
under good headway.
The other glides were from sixty I
yards up. The machine was not 1n the
air longer than twenty second* In bmV
flight. Further trials wilt toe made
throughout the day If the wind lm
proves.
Program at College Park.
Ueuts. Kinland, Arnold, Milling and
Kennedy and Capt. Beck, the army avlators,
may each make flight** late thi*
afternoon at College Park. The quintet of
military flyers is expected to be on hard
early this afternoon at College Park. Machines
that have been idle for many
days will be taken from the hangars
and tuned up for test flights of short
duration. Capt. Beck has just returned
from Salem. ?C. If., where ho flew at
the Discovery day celebration. Dleut
Kirtland is expected to continue ex
periments with his aerial communicating
device.
liiioiiuinTnunATiini ino
nAonmun utinuuu
PAY CARDINAL TRIBUTE
More than 2.<kW> men. represent in* the ?
various Catholic parishes of the city, are
expected to march in the great par?d?
in Baltimore this afternoon at 4-:*? o'clock .
In the jubilee of Cardinal Gibbons, w ho
has attained fifty years in the priesthood ,
and has for a quarter of a century wo'
the red hat of a cardinal. From noon to
1 o'clock the sidewalk in front of and
the corridors of Carroll Hall at Ittth a'
G streets northwest were busy place
the representatives of St. Patti'ks ate,
all parishes throughout the city to tin
west mobilizing there.
Patrick Haltigan. chief marshal of the
Washington division of the parade, directed
the work of the forma.Ion, and shortl
after t o'clock the order was given to
"fall In line" and the march to the I ni?>n
station was begun.
The 1st Regiment Band of the District
of Columbia National Guatd led
the procession.
Second Division Formed.
At the same time that the start
being made from Carroll Hall the sf(
ond division of the parade was being
mobilized at 3d street and Massachusetts
avenue nortliwenl, where hwti
dreds from St. Aloysius. Holr Name.
St. Peter's, Holy Comforter, St Martins
and St. Joseph's parishes weiv
assembled.
As the first division passed the
corner, the second division entered the
procession, and the entry was made
into the station, where the special
trains left at 2. 2:10 and 2:30 o'clock.
On the arrival of the local paraders
at the Mount Koyal station In Baltimore
they will be met by the large
delegation of Holy Xante Society members
who want to the Monumental citron
a special train at 8;lS o'clock this
morning.
Carried American Flap*.
Shortly before they left the city they
were equipped the same as those who
left this afternoon?witii badges of red
and Fold enamel bearing the inscription
"James Cardinal Gibbons?Fifty Vetri
Priesthood?Twenty-Five Years Cardinalate.''
They also carried black cants with
small American flags attached to ihe
tops, so that as the march continues tha
country's emblem is flaunted to tha
breeze
With this delegation was Rev. J U
Meagher, prior of Sr. Dominic's Catbcli*
Church and spiritual adviser of the DIs- j
trlct Ilosy Name Union. Other cierx.v also I
attended, the list ii eluding Rev. L. J. 1
Kearney. K. G. Fitzgerald. Ignatius u
Fealy. M. J. Kennedy and others. m
Many members of the Knights , of Co- fl
lumbus were on tlie train. Charles W fl
Darr, grand knight of Koane Council, fl
was the leader of this delegation, others
being Thomas K Calleher, grand
knight of Spalding Council, and Dr. \V|1I''am
Daly, grand Knight of Colombo
I